HomeMy WebLinkAbout5.1045 Original ContractAGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE
THE CITY OF PORT ANGELES
AND
MAKERS, INC.
PROJECT SHORELINE MASTER PROGRAM
AND
HARBOR RESOURCE MANAGEMENT PLAN UPDATE
RELATING TO: PLANNING SERVICES
WHEREAS, the CITY desires planning assistance related to its Shoreline Master Program
Update and Harbor Resource Management Plan; and
THIS AGREEMENT is made and entered into this, day of Otkrn e-
2010, by and between THE CITY OF PORT ANGELES, a non charter code city of the State of
Washington, (hereinafter called the "CITY and MAKERS, INC., a [state] corporation,
authorized to do business in the state of Washington (hereinafter called the "CONSULTANT
WHEREAS, the CITY desires to engage the professional services and assistance of a qualified
consulting firm to perform the scope of work as detailed in Exhibit A, and
WHEREAS, the CONSULTANT represents that it is in full compliance with the statutes of the
State of Washington for professional registration and /or other applicable requirements, and
WHEREAS, the CONSULTANT represents that it has the background, experience, and ability
to perform the required work in accordance with the standards of the profession, and
WHEREAS, the CONSULTANT represents that it will provide qualified personnel and
appropriate facilities necessary to accomplish the work;
NOW, THEREFORE, in consideration of the above representations and the terms, conditions,
covenants, and agreements set forth below, the parties hereto agree as follows:
I SCOPE OF WORK
The CONSULTANT covenants and agrees to perform the professional services and to achieve
the results described in the attached Exhibit A. The CONSULTANT shall perform all services
and provide all material necessary to accomplish the work described in Exhibit A.
The CITY may review the CONSULTANT'S work product, and if in the judgment of the City it is
not satisfactory, the CONSULTANT shall make such changes as may be required by the CITY.
Such changes shall not constitute "Extra Work" as related in Section XII of this Agreement.
The CONSULTANT agrees that all services performed under this Agreement shall be in
accordance with professional standards and in compliance with applicable federal, state and
local laws.
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The Scope of Work may be amended upon written approval of both parties.
II OWNERSHIP OF DOCUMENTS
Upon completion of the work, all documents, exhibits, photographic negatives, or other
presentations of the work shall become the property of the CITY for use without restriction;
provided that the City shall not represent to third parties that the work is suitable for reuse by
any other party unless specifically verified or adapted by the CONSULTANT. However, any
alteration of the documents, by the City or by others acting through or on behalf of the City, will
be at the City's sole risk.
III DESIGNATION OF REPRESENTATIVES
Each party shall designate its representatives in writing. The CONSULTANT'S representative
shall be subject to the approval of the CITY.
IV TIME OF PERFORMANCE
The CONSULTANT may begin work upon execution of this Agreement by both parties. and the
CONSULTANT work shall complete all work required under this Agreement in accordance with
the schedule set forth in the attached Exhibit A.
V PAYMENT
The CITY shall pay the CONSULTANT as set forth in this section of the Agreement. Such
payment shall be full and complete consideration and compensation for work performed,
services rendered, and all labor, materials, supplies, equipment and incidentals necessary to
complete the work.
A. Payment shall be on the basis of the CONSULTANT'S labor, as provided in subparagraph
1 below, plus CONSULTANT'S direct non -salary reimbursable costs as provided in
subparagraph 2 below.
1. Labor costs shall be based on the hourly rates shown in Exhibit B.
General clerical time shall be considered an overhead item, except where specific
work items are involved that require one hour or more continued effort, in which case
time will be charged on the basis of hours worked.
2. The direct non -salary reimbursable costs are those directly incurred in fulfilling the terms
of this Agreement, including, but not limited to, travel, subsistence, telephone,
reproduction and printing, supplies and fees of outside services and consultants. No
overhead and profit may be added to direct non -salary reimbursable costs.
3. The CONSULTANT is not entitled to any reimbursement, compensation, or
consideration other than provided in subparagraphs 1 and 2 above.
B. The CONSULTANT shall submit invoices to the CITY monthly. Invoices shall detail the
work, hours, employee name, and hourly rate; shall itemize with receipts and invoices the
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non -salary direct costs; shall indicate the specific task or activity in the Scope of Work to
which the costs are related; and shall indicate the cumulative total for each task.
C. The CITY shall review the invoices and make payment for the percentage of the project
that has been completed less the amounts previously paid.
D. The CONSULTANT invoices are due and payable within 30 days of receipt. In the event
of a disputed billing, only the disputed portion will be withheld from payment.
E. Final payment for the balance due to the CONSULTANT will be made after the completion
of the work and acceptance by the CITY.
F. Payment for "Extra Work" performed under Section XII of this Agreement shall be as
agreed to by the parties in writing.
VI MAXIMUM COMPENSATION
Unless otherwise agreed to in writing by both parties, the CONSULTANT'S total compensation
and reimbursement under this Agreement, including labor, direct non -salary reimbursable
costs and outside services for the scope of work as outlined in Exhibit A shall be $179,080.00.
The budget for each task is as set forth in the attached Exhibit A. Task(s) may be modified
and additional tasks may be added upon mutual agreement between the two parties, but in
any event, the total payment to CONSULTANT shall not exceed$189,080.00.
VII INDEPENDENT CONTRACTOR STATUS
The relation created by this Contract is that of owner independent contractor. The Contractor
is not an employee of the City and is not entitled to the benefits provided by the City to its
employees. The Contractor, as an independent contractor, has the authority to control and
direct the performance of the details of the services to be provided. The Contractor shall
assume full responsibility for payment of all Federal, State, and local taxes or contributions
imposed or required, including, but not limited to, unemployment insurance, Social Security,
and income tax.
VIII EMPLOYMENT
Employees of the CONSULTANT, while engaged in the performance of any work or services
under this Agreement, shall be considered employees of the CONSULTANT only and not of
the CITY, and claims that may arise under the Workman's Compensation Act on behalf of said
employees while so engaged, and any and all claims made by a third party as a consequence
of any negligent act or omission on the part of the CONSULTANT'S employees while so
engaged, on any of the work or services provided to be rendered herein, shall be the sole
obligation and responsibility of the CONSULTANT.
In performing this Agreement, the CONSULTANT shall not employ or contract with any CITY
employee without the City's written consent.
IX NONDISCRIMINATION
The CONSULTANT shall conduct its business in a manner, which assures fair, equal and
non discriminatory treatment of all persons, without respect to race, creed or national origin, or
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other legally protected classification and, in particular:
A. The CONSULTANT shall maintain open hiring and employment practices and will welcome
applications for employment in all positions, from qualified individuals who are members of
minorities protected by federal equal opportunity /affirmative action requirements; and,
B. The CONSULTANT shall comply with all requirements of applicable federal, state or local
laws or regulations issued pursuant thereto, relating to the establishment of non
discriminatory requirements in hiring and employment practices and assuring the service
of all persons without discrimination as to any person's race, color, religion, sex, Vietnam
era veteran status, disabled veteran condition, physical or mental handicap, or national
origin.
X SUBCONTRACTS
A. The CONSULTANT shall not sublet or assign any of the work covered by this Agreement
without the written consent of the CITY.
B. In all solicitation either by competitive bidding or negotiation made by the CONSULTANT
for work to be performed pursuant to a subcontract, including procurement of materials
and equipment, each potential subconsultant or supplier shall be notified by the
CONSULTANT of Consultant's obligations under this Agreement, including the
nondiscrimination requirements.
XI CHANGES IN WORK
Other than changes directed by the CITY as set forth in Section I above, either party may
request changes in the scope of work. Such changes shall not become part of this Agreement
unless and until mutually agreed upon and incorporated herein by written amendments to this
Agreement executed by both parties.
XII EXTRA WORK
The CITY may desire to have the CONSULTANT perform work or render services in
connection with this project, in addition to the Scope of Work set forth in Exhibit A and minor
revisions to satisfactorily completed work. Such work shall be considered as "Extra Work" and
shall be addressed in a written supplement to this Agreement. The CITY shall not be
responsible for paying for such extra work unless and until the written supplement is executed
by both parties.
XIII TERMINATION OF AGREEMENT
A. The CITY may terminate this Agreement at any time upon not less than ten (10) days
written notice to the CONSULTANT. Written notice will be by certified mail sent to the
consultant's designated representative at the address provided by the CONSULTANT.
B. In the event this Agreement is terminated prior to the completion of the work, a final
payment shall be made to the CONSULTANT, which, when added to any payments
previously made, shall compensate the CONSULTANT for the percentage of work
completed.
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C. In the event this Agreement is terminated prior to completion of the work, documents that
are the property of the CITY pursuant to Section II above, shall be delivered to and
received by the CITY prior to transmittal of final payment to the CONSULTANT.
XIV INDEMNIFICATION /HOLD HARMLESS
CONSULTANT shall defend, indemnify and hold the CITY, its officers, officials, employees and
volunteers harmless from any and all claims, injuries, damages, losses or suits including
attorney fees, arising out of or resulting from the acts, errors or omissions of the
CONSULTANT in performance of this Agreement, except for injuries and damages caused by
the sole negligence of the CITY.
If the negligence or willful misconduct of both CONSULTANT and CITY (or a person identified
.above for whom each is liable) is a cause of such damage or injury, the loss, cost, or expense
shall be shared between the CONSULTANT and the CITY in proportion to their relative
degrees of negligence or willful misconduct and the right of indemnity shall apply for such
proportion.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the
CONSULTANT, the CITY, and the officers, officials, employees, and volunteers of either, the
CONSULTANT'S liability hereunder shall be only to the extent of the CONSULTANT'S
negligence. It is further specifically and expressly agreed that, for purposes of the
indemnification provided herein, the CONSULTANT'S waives immunity under Industrial
Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been
mutually negotiated by the parties. The provisions of this section shall survive the expiration or
termination of this Agreement. However, the CONSULTANT expressly reserves its rights as a
third person set forth in RCW 51.24.035.
XV INSURANCE
The CONSULTANT shall procure and maintain for the duration of the Agreement, insurance
against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the CONSULTANT, its agents,
representatives, employees or subcontractors.
No Limitation. CONSULTANT'S maintenance of insurance as required by the agreement
shall not be construed to limit the liability of the CONSULTANT to the coverage provided by
such insurance, or otherwise limit the CITY'S recourse to any remedy available at law or in
equity.
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A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non owned, hired and leased vehicles.
Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute
form providing equivalent liability coverage. If necessary, the policy shall be endorsed to
provide contractual liability coverage; and,
2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01
and shall cover liability arising from premises, operations, independent contractors, and
personal injury and advertising injury. The City shall be named as an insured under the
Consultant's Commercial General Liability insurance policy with respect to the work performed
for the City; and,
3. Workers' Compensation coverage as required by the Industrial Insurances laws of the State
of Washington; and
4. Professional Liability insurance appropriate to the Consultant's profession.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single limit for bodily
injury and property damage of $1,000,000 per accident.
2. Commercial General Liability insurance shall be written with limits no less than
$1,000,000 each occurrence, $2,000,000 general aggregate.
3. Professional Liability insurance shall be written with limits no less than
$1,000,000 per claim and $1,000,000 policy aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions for
Automobile Liability, Professional Liability and Commercial General Liability insurance:
1. The City is an additional insured. The Consultant's insurance coverage shall be
primary insurance as respect the City. Any insurance, self- insurance, or
insurance pool coverage maintained by the City shall be excess of the
Consultant's insurance and shall not contribute with it.
2. The Consultant's insurance shall be endorsed to state that coverage shall not be
cancelled, suspended or materially changed by either party, except after thirty
(30) days prior written notice by certified mail, return receipt requested, has been
given to the City.
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3. Any payment of deductible or self- insured retention shall be the sole
responsibility of the CONSULTANT.
4. The CONSULTANT'S insurance shall contain a clause stating that coverage shall
apply separately to each insured against whom claim is made or suit is brought,
except with respects to the limits of the insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII.
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of the amendatory
endorsements, including but not necessarily limited to the additional insured endorsement,
evidencing the insurance requirements of the Consultant before commencement of the work.
XVI APPLICABLE LAW
This Agreement shall be construed and interpreted in accordance with the laws of the State of
Washington, and in the event of dispute the venue of any litigation brought hereunder shall be
Clallam County.
XVII EXHIBITS AND SIGNATURES
This Agreement, including its exhibits, constitutes the entire Agreement, supersedes all prior
written or oral understandings, and may only be changed by a written amendment executed by
both parties. The following exhibits are hereby made a part of this Agreement:
Exhibit A Scope of Work and Schedule for the Work
Exhibit B Schedule of hourly rates and Budget for each task
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and
year first written above.
CITY OF PORT ANGELES
CITY MANA
CONSULTANT
APPROVED AS TO FORM:
ATTEST:
/e
WILLIAM E. BLOOR, C`TFY ATTORNEY
C- u. 0, ?t_ SAW
J ITY CLARK 6
TITLE: TDmy -A P N g,4 Ro L �,q 2
I
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Port Angeles Shoreline Master Program and Harbor
Resource Management Plan Update
This Scope of Work describes an integrated approach to the Shoreline Master Program (SMP)
and Harbor Resource Management Plan (HRMP) projects. Both plans will be developed
through an extensive community outreach process, with a focus on finding the right balance the
many competing uses of the Port Angeles waterfront, including environmental restoration,
economic development, public access and recreation, etc. Our scope of work is outlined below,
followed by a snapshot of the overall project schedule, suggested budget, and assumptions.
Scope of Work
Exhibit A
Task 1: Conduct shoreline inventory
1.1 Contact the DOE Project Officer for the most current information available regarding the
geographic extent of SMA jurisdiction
1.2 Work with City staff to identify mapping procedures, delineate shoreline jurisdiction
boundaries, and map the land and water area contained within SMA jurisdiction
Identify the preliminary extent of SMA shorelines and shorelands within the City's
jurisdiction, addressing both the required minimum SMA jurisdiction areas and any
optional (e.g., floodplain and critical area buffer) SMA jurisdiction areas for
consideration. Areas shall include Shorelines, Shorelines of Statewide Significance and
Shorelands per RCW 90 58 030(2)
1 3 Review the City's existing Shoreline Master Program and Environmentally Sensitive Areas
Protection Ordinance as compared to the Department of Ecology SMP Guidelines and
GMA Best Available Science rules and other applicable regulations Prepare
recommendations for updates to these documents
1 4 Update the inventory of shoreline conditions using existing reports, information, aerial
photos and GIS data, as outlined in WAC 173- 26- 201(3)(c)
Create working inventory maps at the appropriate scale for analysis.
Working from the City's draft list of inventory data sources provided to DOE, collect the
following information to the extent that such information is relevant and reasonably
obtainable
Shorelines jurisdiction.
Page 1 1
General location of channel migration zones, floodplains, and the floodway.
Critical areas, including wetlands, aquifer recharge areas, fish and wildlife
conservation areas, geologically hazardous areas, and frequently flooded areas, as
defined in RCW 36 70A, the Growth Management Act.
Shoreline and adjacent land use patterns /density and transportation and utility
facilities, including the extent of existing structures, impervious surfaces, vegetation
and shoreline modifications within shoreline jurisdiction Platted Tots including
undeveloped lots (except those not developable under local subdivision ordinance).
Degraded areas and sites with potential for ecological restoration.
Areas of special interest, such as priority habitats, rapidly developing waterfronts,
previously identified toxic or hazardous material clean -up sites, and eroding
shorelines.
Existing and potential shoreline public access sites, including public rights -of -way
and utility corridors. The inventory will include descriptions of recorded public
access easements, their prescribed use, maintenance and terms
Historical aerial photographs documenting past conditions to assist in preparing an
analysis of cumulative impacts of development
Known archaeological and historic resources in shoreline jurisdiction.
Policies and regulations in shoreland and adjacent areas that affect shorelines, such
as surface water management and land use plans and regulations (Critical Areas
Ordinance, flood ordinance, etc
Deliverables:
Digital working map folio of inventory information displayed at appropriate scales
SMP Submittal Checklist
Task 2: Conduct shoreline analysis
2.1 Using information and data collected in Task 1 as it relates to development of an effective
SMP, characterize shoreline functions and identify shoreline management challenges
Task 3: Conduct ecosystem wide shoreline characterization
3 1 Using information and data collected in Task 1 as it relates to development of an effective
SMP, and based on available data provided, identify /map /characterize ecosystem wide
processes
Present the geographic context for shoreline jurisdiction areas with geology, soils,
topography, vegetation, and drainage patterns of the watersheds. Describe how these
large scale upland areas relate to and affect the shoreline. Review existing regional
watershed or natural resource related plans for inclusion of relevant information
Identify /map areas throughout the watersheds, or, within and beyond shoreline
jurisdiction, that are important to maintaining shoreline ecological functions (e g
wetlands, forest cover, floodplains, higher permeability deposits, discharge, organic /clay
soils, etc.)
Identify /map areas that are key impairments (e.g. forest clearing, impervious cover,
channelized streams, altered wetlands, roads and ditches, dams /diversions,
groundwater withdrawals, and listed impairments such as those published in the 303(d)
list. In addition to the above, include.
Projected areas of potential sea level rise, future flooding, and inundation
Hard armoring
DOE recognized toxic /contaminated sites in shoreline and harbor
Harbor infrastructure
Identify /map opportunities for protection /restoration of upland and adjacent areas
essential for maintaining shoreline processes and function.
Task 4: Characterize shoreline functions
4 1 Evaluate and assess shoreline ecological function using current scientific understanding of
the relationship between the conditions of ecosystem -wide processes and functions within
shoreline jurisdiction. Using information and data collected in Task 1, 2, and 3 as it relates
to development of an effective SMP, identify:
Opportunities for protection, restoration, public use and shoreline use
Primary physical, biological, and land -use components within the shoreline jurisdiction.
Ecological functions that are healthy, adversely impacted, or no longer present.
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Deliverables (Tasks 2 -41:
Shoreline characterization and analysis report with map portfolio that addresses the
above task requirements.
Draft shoreline environmental management recommendations based on initial shoreline
analysis
Updated SMP Submittal Checklist.
Task 5: Conduct shoreline use analysis
This step encompasses more than the standard SMP use analysis because it also forms the
basis for the HRMP recommendations. This step requires work with the committee and public to
frame desirable existing conditions, project and evaluate alternative futures, and arrive at a
preferred land /shoreline use concept. The goal of the economic analysis portion of this task is to
compare the supply of waterfront land with the long -term demand for the land generated by
water dependent uses
5 1 Using available data, research economic, shoreline use, archeological, and environmental
conditions in the harbor area, conduct an inventory of waterfront lands and existing uses in
the SMP and Harbor area
Page 1 3
Summarize the amount of land that falls within the SMP area
Develop an inventory of existing uses in the SMP area, including photo documentation
Identify and characterize water- dependent uses, such as cargo terminals, industries,
marinas, recreational uses, and others, and
Estimate the amount of waterfront land that is utilized, vacant and under utilized, taking
into account recent activity on relevant properties in the port districts. This effort will
include interviews with representatives from the City, Port, and selected waterfront
businesses and stakeholders.
5.2 Characterize the economic parameters affecting harbor development and identify shoreline
development opportunities in the harbor. To the extent possible, this step will use
information that has recently been developed for the Harborworks project, other City of Port
Angeles planning, Port of Port Angeles analyses, and other relevant existing information
The result of this step is an estimate of future demand for waterfront property (both near
term (7 -year horizon) and long -term (20 -year horizon), including.
Marine terminals (container, breakbulk, dry and liquid bulk)
Boat /ship yard(s)
Recreational boating and upland support activities (repair, retail, storage and other
services)
Marinas
Other waterfront uses
5.3 Compare the future supply and demand relationships and render an opinion on whether
there is sufficient land to meet future needs for waterfront industrial business as well as
recreational boating facilities (public boat launches, hand launches).
5 4 Identify challenges and opportunities related to marine environmental engineering and
identify and evaluate environmental legacy issues that could impact the master planning
effort Identify potential use conflicts.
5 5 Incorporate cultural resources information provided by the City and Tribal archaeologists.
5.6 Compile information into a concise, graphically oriented background report, adding the
shoreline use analysis based on an inventory of existing conditions and current information
provided
5.7 Engage the public in a workshop to review the work and identify goals and objectives
5 8 Work with the stakeholder committee to frame alternative scenarios or use concepts that
include:
Land /shoreline use schemes
Public access and circulation system
Capital infrastructure needs projects
Environmental management/restoration efforts.
5 9 Refine and evaluate the scenarios from a technical standpoint and then present to the
public (work session #2) At this second work session, participants will evaluate the various
alternatives with respect to the objectives identified in the earlier session.
5.10 Based on the results of work session #2, work with the stakeholder committee to assemble
a preferred concept outlining the shoreline uses, conservation and restoration actions,
economic development initiatives, and recreation improvements for each shoreline
segment. The preferred concept then forms the basis for SMP environment designations
and HRMP implementation actions.
Deliverables
Summary report with a preferred harbor redevelopment/restoration concept to be refined
into the HRMP and also to serve as the basis for SMP provisions
Task 6: Conduct a viewshed analysis
This task will analyze harbor viewsheds and provide a tool to assist in evaluating effects of
potential development regulation changes
6 1 Meet with City GIS staff to ensure model's ability to be used by the City after project
completion and transfer any additional layers needed for this analysis
6 2 Develop a GIS -based 3d model of the City able illustrates potential development as allowed
by current zoning This model will illustrate bulk and height of potential development only
and assumes the City provides GIS layers including but not limited to contours, building
footprints, zoning, etc As existing building apex elevation information will not be
provided, the City will work with the consultant team to generate reasonable assumptions to
drive the modeling of existing building heights
6 3 Work with the City to review base model and identify important harbor view- sheds, view
preservation considerations, and desired methods of display
6.4 Illustrate the potential impact of allowing additional height from selected viewpoints
Deliverables
Viewshed report containing general recommendations for building height as it will affect
views of the shoreline City -wide
GIS -based modeling tool
Task 7: Prepare shoreline inventory and characterization report
7.1 Compile the work of Tasks 1 through 6 into a report and map portfolio meeting the
Department of Ecology's requirements.
7.2 Document the shoreline use concept development process for the HRMP.
Deliverables
Shoreline inventory and characterization report
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Task 8: Conduct visioning process
Throughout the update process, the team will work with the HPC, the CAC, and the public in
informing and updating the SMP and HRMP consistent with the Shoreline Management Act (see
RCW 90.58 130 and WAC 173 -26). As noted, the public participation will integrate the SMP and
HRMP activities The individual public participation activities are described and budgeted in the
various tasks during which they occur.
The scope and budget assume the City will be responsible for advertising the public involvement
events, arranging for location of meetings, and any mailings or web -based public
communications The consultant will prepare the content of mailings, if requested
8 1 Working with the City, build off the City's completed Public Participation Plan to develop a
specific outreach plan and schedule for this project
8 2 Prepare materials for, conduct, and document public participation activities.
Task 9: Develop shoreline goals, policies, and regulations
9.1 Prepare shoreline goals and policies that comply with the Shoreline Management Act, and
specifically the SMP Guidelines (WAC 173 -26 -221), and are applicable throughout the local
government's shoreline jurisdiction. The goals and policies can be largely taken from those
developed in the first phases of the HRMP planning, and the SMP use provisions must be
coordinated with the specific recommendations being developed as part of the HRMP
Meeting regularly with staff, the Stakeholder Committee, or the Planning Commission will
be important in this phase
Task 10:Develop shoreline environmental designations
10 1 Develop environment designations compliant with the SMP Guidelines (WAC 173 -26 -211)
that reflect the findings of the shoreline inventory and characterization As noted earlier,
the basis for these descriptions will come from Task 5
10.2 Prepare draft maps illustrating the land and water area contained within mapped shoreline
designation boundaries together with justification and rationale for the proposed
designations. A map illustrating existing designations compared to proposed designations
with a narrative rationale describing reasons for maintaining or changing the designations
shall be included. Updated shoreline environment designations may be those
recommended in the guidelines, the existing local SMP unique, locally developed
environments, or any combination of these, so long as they are consistent with WAC 173-
26 -211 environment designation criteria.
Task 11:Develop environment specific shoreline use and modification policies
11 1 Once the environment designations are determined, Prepare draft environment
designation specific, use and modification policies and regulations consistent with SMP
guideline requirements, according to Chapters 173 -26 WAC and 173 -27 WAC as well as
Page 15
Deliverables:
Community Vision Report
Public participation updates in quarterly progress reports.
Deliverable
Draft shoreline goals, policies, and regulations
Meet up to three times with staff and the Stakeholder Committee to review general
policies and regulations
Deliverable
Proposed shoreline environment designations
WAC 173- 26- 201(3)(d)(i)(E) and 173 -26 -231. The draft shoreline environment designation
specific policies and regulations shall, at a minimum, identify:
Shoreline use and modification activity goals and policies.
Which shoreline uses and modifications are prohibited and allowed by Substantial
Development Permit or Conditional Use Permit
Bulk dimensional standards (buffers, setback, density, etc)
Shoreline modification activity standards
Any local policies or regulations adopted by reference, if relied upon to satisfy SMA or
guidelines requirements.
Optional SMP components may include:
Shoreline use and dimensional standards listed in matrices, by environment
designation
SMP "users guide."
Deliverables
Draft environment designations and draft environment maps.
Draft environment specific shoreline use and modification policies, regulations, and
standards
Draft copy of proposed Port Angeles Shoreline Master Program (five hard copies and
one digital copy)
Meet with staff and the Committee up to four times to review environment designations
and environment specific policies, regulations, and standards.
Task 12:Develop administrative provisions
12 1 Draft SMP administrative provisions based on consultation with the City, ensuring they are
consistent with other City regulations and facilitate a timely and efficient review by staff.
Provisions shall include:
Permit administration timelines
Provisions for compliance and responsibility.
Prepare a definitions section
Deliverables
Draft administrative provisions.
Task 13:Prepare cumulative impact analysis
13.1 Address cumulative impacts on shoreline ecological functions resulting from uses and
activities allowable under the proposed master program to show how they achieve no net
loss of shoreline ecological functions Proposed restoration will necessarily be part of the
no- net -loss equation, so the results of Step 14 will be incorporated.
13 2 Examine HRMP recommendations (e g cleanups and development activities) for their
impact on ecological functions
13.3 Evaluate the incremental and cumulative impacts of future uses and development allowed
by the proposed draft SMP as an ongoing part of the SMP update process
13.4 Based upon the findings of the cumulative impacts analysis adjust proposed SMP
provisions as needed to demonstrate how no net loss of ecological function and SMA use
preferences (water- oriented uses, public access, etc.) will be achieved.
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13.5 Identify how proposed SMP standards will avoid and offset expected impacts of future
permitted and exempt shoreline development Scenario -based impacts analysis is
encouraged.
Deliverables:
A cumulative impact analysis (3 hard copies and one digital copy) of the SMP demonstrating
how no net loss of ecological functions will be achieved over time.
Task 14 Prepare the restoration plan
14 1 Incorporate findings from the analyses completed above into a restoration plan The plan
will
Establish overall goals, objectives, and priorities in each shoreline area for restoration of
ecological functions
Identify current and ongoing programs that contribute to achieving restoration goals,
such as watershed identified projects and flood control district recommendations, as well
as additional projects necessary for success.
Develop an implementation strategy including funding, timelines, and benchmarks will
be developed. Identification of specific prioritized restoration projects may be included
as an appendix to the SMP
In addition to the above, the Plan will include the following.
Deliverables:
A complete restoration plan with accompanying maps, including
Identification of degraded areas, impaired ecological functions, and sites with potential
for ecological restoration.
Goals and priorities for restoration of degraded areas and impaired ecological functions.
Existing and ongoing restoration projects and programs.
Additional projects needed to achieve restoration goals and implementation strategies,
including identification of prospective funding.
Times and benchmarks for achieving restoration goals
Mechanisms to ensure that restoration projects and programs will be implemented
Because the restoration plan is a necessary ingredient in calculating no net loss of
ecological functions, restoration planning should precede or be concurrent with Task 13.
Task 15:Compile all products into the initial draft of the SMP for submittal
15 1 Compile the SMP sections into a draft SMP and review it with the Stakeholder Committee.
15 2 Conduct an open house to receive comments
Deliverables
Draft WDOE submittal package, including the SMP, cumulative impact analysis,
restoration plan, consistency report, and supporting materials.
Due Date
May 31, 2011
Task 16:Revisit draft SMP and cumulative impacts analysis and demonstrate how no net loss will
be achieved
16 1 Based on findings in the cumulative impacts analysis (Task 13), re- evaluate and adjust the
draft SMP environment designations, policies, and regulations as necessary to assure that
they are adequate to achieve no net loss of ecological functions. Reference WAC 173-26
201(3)(d)(i)(E).
16 2 Prepare a report summarizing the cumulative impact analysis that demonstrates how the
recommended shoreline management measures with the restoration plan achieve no net
loss.
Deliverables:
Revised designations, policies, and regulations that address the findings of the
cumulative impacts analysis.
Revised cumulative impacts analysis.
Final SMP jurisdiction maps and boundary descriptions.
A report that demonstrates how no net loss will be achieved through SMP
implementation.
An SMP Submittal Checklist completed as relevant to task.
Accompanying maps.
Task 17: Draft Harbor Resource Management Plan
Drafting the HRMP will be a continuous process after the preferred concept is identified. The
HRMP we envision is more than a shoreline use /restoration plan Like the 1989 HRMP, the
update should be a strategic plan that identifies a forward direction and a series of steps that
applicable parties (including City, Port, the Tribe, State agencies, stakeholders, and interest
groups) can work toward collaboratively
17.1 Refine the preferred concept to identify discrete actions to be accomplished and frame
them in a redevelopment strategy identifying time frames, needed resources, possible
funding sources, and participating parties.
17.2 Review this work will be periodically with the Stakeholder Committee
17 3 Conduct an open house
Deliverables:
Draft HRMP, including:
Schematic layout of uses, restoration measures, and public access /recreation
improvements.
Cultural resource preservation program
Capital improvement program recommendations.
Integrated implementation strategy
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Timeline
The proposed project timeline highlighting key community involvement steps and Department of
Ecology deliverables is included below.
Task
Event /Task Date
0
0
57
59
5 and
6
6
6.4 Shoreline characterization and analysis report; draft environmental
management recommendations (one draft for City review and one final
for Department of Ecology)
17.1 Partial draft of HRMP report for review
17 3 Public open house /work session to review HRMP and initiate SMP
review
12 Draft SMP with TAC comments incorporated
13 Draft cumulative impact analyses
14 Draft restoration plan
15 Public open house to review draft SMP
15 Draft SMP submittal package for City review
16 Revised SMP package for submittal
17 Presentation of SMP and HRMP at public open house
Page 1
Initial meeting with Planning Commission
Initial meeting with Committee
Public Meeting #1: Kick -Off Visioning
Public Meeting #2. Evaluate Alternatives
Inventory, characterization, and viewshed maps
Viewshed report and GIS -based modeling tool
June 9, 2010
June 14, 2010
June 9, 2010
Sept 2010
Sept 2010
Oct 2010
City draft: 9 -1 -10
Ecy sub 9 -30 -10
Dec 31, 2010
January 2011
Mar 4, 2011
Mar 4, 2011
Mar 4, 2011
Mar 2011
June 1,2011
June 24, 2011
June 2011
Schedule of Hourly Rates and Budget for Each Task Exhibit B
Budget
Our proposed budget, organized by scope of work task, is presented below.
HOURS
I_ MAKERS TWC BST I Landau
JO /JB 1 BH/DO Avg. Avg. BB /SW
I
$150 1 $100 $130 $160 $180 AMOUNT
1. Inventory shoreline 16 16 40 16 $12,080
2. Analyze shoreline 16 8 50 $9,700
3. Conduct characterization 4 24 $3,720
4. Characterize functions 4 24 16 $6,600
ti
5. Analyze shoreline uses 90 60 16 75 32 $39,340
6. Build 3d model, analyze City- 32 120 $16,800
wide viewsheds, prepare report
7. Prepare characterization report I 4 12 48 $8,040
8. Conduct visioning 12 16 12 $4,960
9. Develop SMP goals, policies, 40 90 24 $18,120
and regulations
1 0. Develop environment 16 24 24 $7,920
designations
11. Develop environment specific 16 24 8 8 $7,280
regulations
v 12. Develop SMP administrative 10 $1,500
provisions
13. Prepare cumulative impact 4 50 $7,100
analysis
14. Prepare restoration plan 4 40 8 $7,240
1 5. Compile products into SMP 14 16 4 $4,220
submittal
1 6. Refine SMP 14 30 12 $6,660
1 7. Draft HRMP 40 56 12 20 8 $17,800
336 472 388 95 88 $179,080
Expenses are incorporated into the hourly estimates,
MAKERS' travel time is estimated at 50% (one way)
Assumptions
Our proposed budget assumes:
Use of and reliance on the accuracy of relevant, reasonably attainable information.
The City will be responsible for advertising the public involvement events, arranging for location of
meetings, and any mailings or web -based public communications. The consultant will prepare
the content of mailings, if requested
MAKERS will travel to Port Angeles 13 times over the course of the project
One draft and one final version will be submitted for each deliverable (one round of
review /comments will be incorporated)
The City of Port Angeles will be responsible for distributing deliverables and receiving, organizing
and distributing comments received
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