HomeMy WebLinkAboutContractAGREEMENT FOR RAINIER/GRADY JUNCTION PLANNED ACTION
THIS AGREEMENT, dated for reference purposes only as January 17, 2022, is by and between the
City of Renton (the “City”), a Washington municipal corporation, and Berk Consulting, Inc.
(“Consultant”), a Washington corperation. The City and the Consultant are referred to collectively
in this Agreement as the “Parties.” Once fully executed by the Parties, this Agreement is effective
as of the last date signed by both parties.
1.Scope of Work: Consultant agrees to provide analysis and planning to support a planned
action and environmental impact statement as specified in Exhibit A, which is attached
and incorporated herein and may hereinafter be referred to as the “Work.”
2.Changes in Scope of Work: The City, without invalidating this Agreement, may order
changes to the Work consisting of additions, deletions or modifications. Any such changes
to the Work shall be ordered by the City in writing and the Compensation shall be
equitably adjusted consistent with the rates set forth in Exhibit A or as otherwise mutually
agreed by the Parties.
3.Time of Performance: Consultant shall commence performance of the Agreement
pursuant to the schedule(s) set forth in Exhibit A. All Work shall be performed by no later
than July 1, 2023.
4.Compensation:
A.Amount. Total compensation to Consultant for Work provided pursuant to this
Agreement shall not exceed $240,000, plus any applicable state and local sales taxes.
Compensation shall be paid based upon Work actually performed according to the
rate(s) or amounts specified in Exhibit B. The Consultant agrees that any hourly or flat
rate charged by it for its Work shall remain locked at the negotiated rate(s) unless
otherwise agreed to in writing or provided in Exhibit A. Except as specifically provided
herein, the Consultant shall be solely responsible for payment of any taxes imposed
as a result of the performance and payment of this Agreement.
B.Method of Payment. On a monthly or no less than quarterly basis during any quarter
in which Work is performed, the Consultant shall submit a voucher or invoice in a form
specified by the City, including a description of what Work has been performed, the
name of the personnel performing such Work, and any hourly labor charge rate for
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such personnel. The Consultant shall also submit a final bill upon completion of all
Work. Payment shall be made by the City for Work performed within thirty (30)
calendar days after receipt and approval by the appropriate City representative of the
voucher or invoice. If the Consultant’s performance does not meet the requirements
of this Agreement, the Consultant will correct or modify its performance to comply
with the Agreement. The City may withhold payment for work that does not meet the
requirements of this Agreement.
C.Effect of Payment. Payment for any part of the Work shall not constitute a waiver by
the City of any remedies it may have against the Consultant for failure of the
Consultant to perform the Work or for any breach of this Agreement by the
Consultant.
D. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for
payment under this Agreement for any future fiscal period, the City shall not be
obligated to make payments for Work or amounts incurred after the end of the
current fiscal period, and this Agreement will terminate upon the completion of all
remaining Work for which funds are allocated. No penalty or expense shall accrue to
the City in the event this provision applies.
5.Termination:
A.The City reserves the right to terminate this Agreement at any time, with or without
cause by giving ten (10) calendar days’ notice to the Consultant in writing. In the event
of such termination or suspension, all finished or unfinished documents, data, studies,
worksheets, models and reports, or other material prepared by the Consultant
pursuant to this Agreement shall be submitted to the City, if any are required as part
of the Work.
B.In the event this Agreement is terminated by the City, the Consultant shall be entitled
to payment for all hours worked to the effective date of termination, less all payments
previously made. If the Agreement is terminated by the City after partial performance
of Work for which the agreed compensation is a fixed fee, the City shall pay the
Consultant an equitable share of the fixed fee. This provision shall not prevent the
City from seeking any legal remedies it may have for the violation or nonperformance
of any of the provisions of this Agreement and such charges due to the City shall be
deducted from the final payment due the Consultant. No payment shall be made by
the City for any expenses incurred or work done following the effective date of
termination unless authorized in advance in writing by the City.
6.Warranties And Right To Use Work Product: Consultant represents and warrants that
Consultant will perform all Work identified in this Agreement in a professional and
workmanlike manner and in accordance with all reasonable and professional standards
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and laws. Compliance with professional standards includes, as applicable, performing the
Work in compliance with applicable City standards or guidelines (e.g. design criteria and
Standard Plans for Road, Bridge and Municipal Construction). Professional engineers shall
certify engineering plans, specifications, plats, and reports, as applicable, pursuant to
RCW 18.43.070. Consultant further represents and warrants that all final work product
created for and delivered to the City pursuant to this Agreement shall be the original work
of the Consultant and free from any intellectual property encumbrance which would
restrict the City from using the work product. Consultant grants to the City a non-
exclusive, perpetual right and license to use, reproduce, distribute, adapt, modify, and
display all final work product produced pursuant to this Agreement. The City’s or other’s
adaptation, modification or use of the final work products other than for the purposes of
this Agreement shall be without liability to the Consultant. The provisions of this section
shall survive the expiration or termination of this Agreement.
7.Record Maintenance: The Consultant shall maintain accounts and records, which
properly reflect all direct and indirect costs expended and Work provided in the
performance of this Agreement and retain such records for as long as may be required by
applicable Washington State records retention laws, but in any event no less than six
years after the termination of this Agreement. The Consultant agrees to provide access
to and copies of any records related to this Agreement as required by the City to audit
expenditures and charges and/or to comply with the Washington State Public Records Act
(Chapter 42.56 RCW). The provisions of this section shall survive the expiration or
termination of this Agreement.
8.Public Records Compliance: To the full extent the City determines necessary to comply
with the Washington State Public Records Act, Consultant shall make a due diligent search
of all records in its possession or control relating to this Agreement and the Work,
including, but not limited to, e-mail, correspondence, notes, saved telephone messages,
recordings, photos, or drawings and provide them to the City for production. In the event
Consultant believes said records need to be protected from disclosure, it may, at
Consultant’s own expense, seek judicial protection. Consultant shall indemnify, defend,
and hold harmless the City for all costs, including attorneys’ fees, attendant to any claim
or litigation related to a Public Records Act request for which Consultant has responsive
records and for which Consultant has withheld records or information contained therein,
or not provided them to the City in a timely manner. Consultant shall produce for
distribution any and all records responsive to the Public Records Act request in a timely
manner, unless those records are protected by court order. The provisions of this section
shall survive the expiration or termination of this Agreement.
9.Independent Contractor Relationship:
A.The Consultant is retained by the City only for the purposes and to the extent set forth
in this Agreement. The nature of the relationship between the Consultant and the City
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during the period of the Work shall be that of an independent contractor, not
employee. The Consultant, not the City, shall have the power to control and direct the
details, manner or means of Work. Specifically, but not by means of limitation, the
Consultant shall have no obligation to work any particular hours or particular
schedule, unless otherwise indicated in the Scope of Work or where scheduling of
attendance or performance is mutually arranged due to the nature of the Work.
Consultant shall retain the right to designate the means of performing the Work
covered by this agreement, and the Consultant shall be entitled to employ other
workers at such compensation and such other conditions as it may deem proper,
provided, however, that any contract so made by the Consultant is to be paid by it
alone, and that employing such workers, it is acting individually and not as an agent
for the City.
B.The City shall not be responsible for withholding or otherwise deducting federal
income tax or Social Security or contributing to the State Industrial Insurance
Program, or otherwise assuming the duties of an employer with respect to Consultant
or any employee of the Consultant.
C.If the Consultant is a sole proprietorship or if this Agreement is with an individual, the
Consultant agrees to notify the City and complete any required form if the Consultant
retired under a State of Washington retirement system and agrees to indemnify any
losses the City may sustain through the Consultant’s failure to do so.
10.Hold Harmless: The Consultant agrees to release, indemnify, defend, and hold harmless
the City, elected officials, employees, officers, representatives, and volunteers from any
and all claims, demands, actions, suits, causes of action, arbitrations, mediations,
proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees,
penalties, expenses, attorney’s or attorneys’ fees, costs, and/or litigation expenses to or
by any and all persons or entities, arising from, resulting from, or related to the negligent
acts, errors or omissions of the Consultant in its performance of this Agreement or a
breach of this Agreement by Consultant, except for that portion of the claims caused by
the City’s sole negligence.
Should a court of competent jurisdiction determine that this agreement is subject to RCW
4.24.115, (Validity of agreement to indemnify against liability for negligence relative to
construction, alteration, improvement, etc., of structure or improvement attached to real
estate…) 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 and the City, its officers, officials, employees and volunteers, Consultant’s
liability shall be only to the extent of Consultant’s negligence.
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It is further specifically and expressly understood that the indemnification provided in
this Agreement constitute Consultant’s waiver of immunity under the Industrial
Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties
have mutually negotiated and agreed to this waiver. The provisions of this section shall
survive the expiration or termination of this Agreement.
11.Gifts and Conflicts: The City’s Code of Ethics and Washington State law prohibit City
employees from soliciting, accepting, or receiving any gift, gratuity or favor from any
person, firm or corporation involved in a contract or transaction. To ensure compliance
with the City’s Code of Ethics and state law, the Consultant shall not give a gift of any kind
to City employees or officials. Consultant also confirms that Consultant does not have a
business interest or a close family relationship with any City officer or employee who was,
is, or will be involved in selecting the Consultant, negotiating or administering this
Agreement, or evaluating the Consultant’s performance of the Work.
12.City of Renton Business License: Unless exempted by the Renton Municipal Code, t
Consultant shall obtain a City of Renton Business License prior to performing any Work
and maintain the business license in good standing throughout the term of this
agreement with the City.
Information regarding acquiring a city business license can be found at:
https://www.rentonwa.gov/Tax
Information regarding State business licensing requirements can be found at:
https://dor.wa.gov/doing-business/register-my-business
13. Insurance: Consultant shall secure and maintain:
A.Commercial general liability insurance in the minimum amounts of $1,000,000 for
each occurrence/$2,000,000 aggregate for the Term of this Agreement.
B.In the event that Work delivered pursuant to this Agreement either directly or
indirectly involve or require Professional Services, Professional Liability, Errors and
Omissions coverage shall be provided with minimum limits of $1,000,000 per
occurrence. "Professional Services", for the purpose of this section, shall mean any
Work provided by a licensed professional or Work that requires a professional
standard of care.
C.Workers’ compensation coverage, as required by the Industrial Insurance laws of the
State of Washington, shall also be secured.
D.Commercial Automobile Liability for owned, leased, hired or non-owned, leased, hired
or non-owned, with minimum limits of $1,000,000 per occurrence combined single
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limit, if there will be any use of Consultant’s vehicles on the City’s Premises by or on
behalf of the City, beyond normal commutes.
E.Consultant shall name the City as an Additional Insured on its commercial general
liability policy on a non-contributory primary basis. The City’s insurance policies shall
not be a source for payment of any Consultant liability, nor shall the maintenance of
any insurance required by this Agreement be construed to limit the liability of
Consultant to the coverage provided by such insurance or otherwise limit the City’s
recourse to any remedy available at law or in equity.
F.Subject to the City’s review and acceptance, a certificate of insurance showing the
proper endorsements, shall be delivered to the City before performing the Work.
G.Consultant shall provide the City with written notice of any policy cancellation, within
two (2) business days of their receipt of such notice.
14.Delays: Consultant is not responsible for delays caused by factors beyond the
Consultant’s reasonable control. When such delays beyond the Consultant’s reasonable
control occur, the City agrees the Consultant is not responsible for damages, nor shall the
Consultant be deemed to be in default of the Agreement.
15.Successors and Assigns: Neither the City nor the Consultant shall assign, transfer or
encumber any rights, duties or interests accruing from this Agreement without the
written consent of the other.
16.Notices: Any notice required under this Agreement will be in writing, addressed to the
appropriate party at the address which appears below (as modified in writing from time
to time by such party), and given personally, by registered or certified mail, return receipt
requested, by facsimile or by nationally recognized overnight courier service. Time period
for notices shall be deemed to have commenced upon the date of receipt, EXCEPT
facsimile delivery will be deemed to have commenced on the first business day following
transmission. Email and telephone may be used for purposes of administering the
Agreement, but should not be used to give any formal notice required by the Agreement.
City of Renton
Paul Hintz
1055 South Grady Way
Renton, WA 98057
Phone: (425) 430-7436
phintz@rentonwa.gov
Consultant
Lisa Grueter
2200 6th Ave #1000
Seattle, WA 98121
Phone: (206) 493-2367
Lisa@berkconsulting.com
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17.Discrimination Prohibited: Except to the extent permitted by a bona fide occupational
qualification, the Consultant agrees as follows:
A.Consultant, and Consultant’s agents, employees, representatives, and volunteers
with regard to the Work performed or to be performed under this Agreement, shall
not discriminate on the basis of race, color, sex, religion, nationality, creed, marital
status, sexual orientation or preference, age (except minimum age and retirement
provisions), honorably discharged veteran or military status, or the presence of any
sensory, mental or physical handicap, unless based upon a bona fide occupational
qualification in relationship to hiring and employment, in employment or application
for employment, the administration of the delivery of Work or any other benefits
under this Agreement, or procurement of materials or supplies.
B.The Consultant will take affirmative action to insure that applicants are employed and
that employees are treated during employment without regard to their race, creed,
color, national origin, sex, age, sexual orientation, physical, sensory or mental
handicaps, or marital status. Such action shall include, but not be limited to the
following employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination, rates of pay or other forms of compensation and
selection for training.
C.If the Consultant fails to comply with any of this Agreement’s non-discrimination
provisions, the City shall have the right, at its option, to cancel the Agreement in
whole or in part.
D.The Consultant is responsible to be aware of and in compliance with all federal, state
and local laws and regulations that may affect the satisfactory completion of the
project, which includes but is not limited to fair labor laws, worker's compensation,
and Title VI of the Federal Civil Rights Act of 1964, and will comply with City of Renton
Council Resolution Number 4085.
18.Miscellaneous: The parties hereby acknowledge:
A.The City is not responsible to train or provide training for Consultant.
B.Consultant will not be reimbursed for job related expenses except to the extent
specifically agreed within the attached exhibits.
C.Consultant shall furnish all tools and/or materials necessary to perform the Work
except to the extent specifically agreed within the attached exhibits.
D.In the event special training, licensing, or certification is required for Consultant to
provide Work he/she will acquire or maintain such at his/her own expense and, if
PAGE 8 OF 10
Consultant employs, sub-contracts, or otherwise assigns the responsibility to perform
the Work, said employee/sub-contractor/assignee will acquire and or maintain such
training, licensing, or certification.
E.This is a non-exclusive agreement and Consultant is free to provide his/her Work to
other entities, so long as there is no interruption or interference with the provision of
Work called for in this Agreement.
F.Consultant is responsible for his/her own insurance, including, but not limited to
health insurance.
G.Consultant is responsible for his/her own Worker’s Compensation coverage as well as
that for any persons employed by the Consultant.
19.Other Provisions:
A.Approval Authority. Each individual executing this Agreement on behalf of the City
and Consultant represents and warrants that such individuals are duly authorized to
execute and deliver this Agreement on behalf of the City or Consultant.
B.General Administration and Management. The City’s project manager is Paul Hintz. In
providing Work, Consultant shall coordinate with the City’s contract manager or
his/her designee.
C.Amendment and Modification. This Agreement may be amended only by an
instrument in writing, duly executed by both Parties.
D. Conflicts. In the event of any inconsistencies between Consultant proposals and this
Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to
this Agreement are incorporated by reference only to the extent of the purpose for
which they are referenced within this Agreement. To the extent a Consultant
prepared exhibit conflicts with the terms in the body of this Agreement or contains
terms that are extraneous to the purpose for which it is referenced, the terms in the
body of this Agreement shall prevail and the extraneous terms shall not be
incorporated herein.
E.Governing Law. This Agreement shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington and the City of
Renton. Consultant and all of the Consultant’s employees shall perform the Work in
accordance with all applicable federal, state, county and city laws, codes and
ordinances.
F.Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared
by the joint efforts of the Parties and shall not be construed against one party or the
PAGE 9 OF 10
other as a result of the preparation, substitution, submission or other event of
negotiation, drafting or execution.
G.Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or
interpret this Agreement or any of its terms or covenants shall be brought in the King
County Superior Court for the State of Washington at the Maleng Regional Justice
Center in Kent, King County, Washington, or its replacement or successor. Consultant
hereby expressly consents to the personal and exclusive jurisdiction and venue of
such court even if Consultant is a foreign corporation not registered with the State of
Washington.
H.Severability. A court of competent jurisdiction’s determination that any provision or
part of this Agreement is illegal or unenforceable shall not cancel or invalidate the
remainder of this Agreement, which shall remain in full force and effect.
I.Sole and Entire Agreement. This Agreement contains the entire agreement of the
Parties and any representations or understandings, whether oral or written, not
incorporated are excluded.
J.Time is of the Essence. Time is of the essence of this Agreement and each and all of
its provisions in which performance is a factor. Adherence to completion dates set
forth in the description of the Work is essential to the Consultant’s performance of
this Agreement.
K. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be
construed to give any rights or benefits in the Agreement to anyone other than the
Parties, and all duties and responsibilities undertaken pursuant to this Agreement will
be for the sole and exclusive benefit of the Parties and no one else.
L. Binding Effect. The Parties each bind themselves, their partners, successors, assigns,
and legal representatives to the other party to this Agreement, and to the partners,
successors, assigns, and legal representatives of such other party with respect to all
covenants of the Agreement.
M.Waivers. All waivers shall be in writing and signed by the waiving party. Either party’s
failure to enforce any provision of this Agreement shall not be a waiver and shall not
prevent either the City or Consultant from enforcing that provision or any other
provision of this Agreement in the future. Waiver of breach of any provision of this
Agreement shall not be deemed to be a waiver of any prior or subsequent breach
unless it is expressly waived in writing.
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N. Counterparts. The Parties may execute this Agreement in any number of
counterparts, each of which shall constitute an original, and all of which will together
constitute this one Agreement.
IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date
last signed by the Parties below.
CITY OF RENTON
By:_____________________________
CONSULTANT
By:____________________________
Armondo Pavone
Mayor
Lisa Grueter
Principal
_____________________________
Date
_____________________________
Date
Attest
_____________________________
Jason A. Seth
City Clerk
Approved as to Legal Form
By: __________________________
Shane Moloney
City Attorney
Contract Template Updated 5/21/2021
03/01/20223/3/2022
Approved by Patrice Kent via 1/24/2022
January 14, 2022
1
Rainier/Grady Junction Subarea Planned Action
Project Understanding
Through the voter-approved Sound Transit-3 package, Sound Transit will build a new transit center at
Rainier Ave S and S Grady Way to serve expanded bus rapid transit (BRT) service along I-405, two
King County Metro Rapid Ride routes, and several other Metro bus routes. The new transit center and
park-and-ride facility construction (expected 2025) will support Sound Transit’s planned I-405 BRT
service to this area (expected 2024). By 2040, Sound Transit predicts the transit center will have up to
3,000 daily boardings.
In anticipation of levels of new development surrounding the significant public investments in the area, the
city facilitated an 18-month subarea planning process to create a vision for the area within a half mile of
the transit center. In brief, the overall concept of the Rainer/Grady Junction Subarea Plan (RGJ) is to
create a vibrant commercial and residential district oriented around transit, with potential for light rail
service in the long term. As the city continues to advocate for light rail system expansion, development
surrounding the planned transit center can make future expansion more viable by increasing potential
ridership.
With the subarea plan complete, the City has secured a Transit-Oriented Development Implementation
(TODI) Grant. With the grant, the City intends to develop municipal code amendments to implement the
land use vision of the subarea plan and increase mixed use opportunities and alter density and
development standards as appropriate including parking.
Renton also wishes to establish a planned action and complete an environmental impact statement (EIS).
Renton has requested a scope of services to help prepare the Planned Action EIS and ordinance. BERK
Consulting, Inc. will serve as prime for the Planned Action and Perteet will serve as a subconsultant
leading transportation and utilities. Collectively, BERK and Perteet are called the Consultant in this scope.
The City will lead the development of the code implementation that will help form the basis of proposals
and alternatives evaluated in the Planned Action.
Scope
Based on the grant application actions and steps, a scope identifying methods and level of effort has
been prepared.
Action 1 Assessment of RGJ Subarea Plan and HAP
The City of Renton will lead the deliverables for this task including:
▪Step 1.1 Scoping of proposed Renton Municipal Code amendments affecting subarea.
▪Step 1.3 Drafting of code amendments
The City will complete Deliverable 1. The Consultant will review it as part of Step 3.1.
▪ Deliverable 1 Draft Code Amendments
EXHIBIT A
December 23, 2021 2
Action 2 Technical Analyses
Step 2.0 Kickoff and Ongoing Coordination
The Consultant will develop a coordinated kick-off meeting agenda designed to share project objectives
and environmental review strategies, points of public engagement, approach to alternatives, key
technical methods, and critical path schedules. The Consultant will develop a regular check in with the City
Project Manager assumed to be approximately twice per month via virtual technology.
The Consultant will develop a template for the EIS that the technical analysis can fit within. For
Deliverable 2, the technical analysis will summarize exiting conditions (affected environment) and trends
and best practices. Following the definition of alternatives, the team will provide impact analysis of the
alternatives that will be folded into the Preliminary Draft EIS in Step 3.4.
Step 2.1 Prepare Land Use and Socioeconomic Analysis (BERK)
The Consultant will document current conditions and trends regarding present land use, growth capacity,
and key policies. The Consultant will consider current activity levels, scale and views, and other land use
patterns. Demographics of the study area will be updated with Census data to support the evaluation.
The Land Use Analysis will consider compatibility of current development regarding air quality and noise
using the Environmental Health Disparities Map and WSDOT evaluations from the I-405 program. The
limitations and allowances of the power line easements will also be considered using current information
and policies. The Consultant will adapt information from the Subarea Plan and Deliverable 1 in
conducting the analysis. Meetings with staff will be coordinated with Task 2.0.
Step 2.2 Prepare Transportation Analysis (Perteet)
The Consultant will update the context of the existing transportation system and future planned
improvements based on the City’s 2015 Comprehensive Plan, other more recent transportation impact
studies completed for Study area projects, and adopted transportation plans/programs for Renton,
Sound Transit, King County Metro, and WSDOT. These recent studies, along with a site visit, will be used
as the basis to document vehicle, transit, pedestrian, and bicycle existing conditions within the Study Area.
No new transportation data collection is assumed as part of this task. Up to three (3) meetings will be
held with City transportation staff via Microsoft Teams (or another virtual platform).
Step 2.3 Prepare Stormwater Analysis (Perteet)
The Consultant will review existing stormwater comprehensive plans and assess improvements or new studies
that have occurred since plans were published. We assume all documentation will be provided by the City. This
work includes email and telephone communication with Public Works staff. Up to two (2) meetings will be held
with City utility staff via Microsoft Teams (or another virtual platform).
Step 2.4 Prepare Water and Sewer Utilities Analysis (Perteet)
The Consultant will review existing utility comprehensive plans (water and sanitary sewer) and assess
improvements or new studies that have occurred since plans were published. We assume all documentation
will be provided by the City. This work includes email and telephone communication with Public Works
staff. Up to two (2) meetings will be held with City utility staff via Microsoft Teams (or another virtual
platform).
Step 2.5 Prepare Natural Environment Analysis (Perteet)
Using City provided GIS datasets, the Consultant will review and compile a summary of the existing
natural environment within the identified study area. The focus will identifying natural areas deserving of
protection and/or provide opportunities for recreation.
December 23, 2021 3
Step 2.6 Prepare Public Services Analysis (BERK)
The Consultant will review existing system plans and contact City departments and districts providing
police protection, fire and emergency medical services, parks, and schools. The current services available
to the study area will be documented. Meetings with staff will be coordinated with Task 2.0.
▪ Deliverable 2 Summary of Technical Analyses in an Existing Conditions Report, a portion of the
future EIS (affected environment)
Action 3 Perform alternative analysis and Draft EIS
Step 3.1 Develop alternatives for environmental impact statement (EIS) (3 Alternatives)
The Consultant will review the Subarea Plan and results of Deliverable 1 related to code options, and
provide recommendations on alternatives to be discussed during scoping; following scoping, the
Consultant will advise on adjustments to the alternatives to be studied in the Draft EIS. Alternatives are
anticipated to include one no action alternative (current comprehensive plan) and two action alternatives.
Alternatives may vary the level, type, and location of growth and associated infrastructure investmen ts.
Following scoping, the Consultant will write an alternatives chapter of the Draft EIS for City review, and
eventually to advance the Draft EIS impact analysis.
Step 3.2 Refine preferred alternative for Planned Action EIS
After the Draft EIS comment period, a preferred alternative will be developed. The Preferred Alternative
will be in the range of the Draft EIS alternatives. A description of the Preferred Alternative will be
developed for the Final EIS.
Step 3.3 Determination of Significance/Scoping Notice
The Consultant will prepare a draft determination of significance and scoping notice prepared together
with a supporting document (scoping document or SEPA checklist) indicating what topics are identified for
inclusion in the scoping process. The scoping notice will initiate a minimum 21-day comment period, which
can be coordinated with code engagement efforts of the City and the Consultant. The Consultant will
attend one virtual public meeting or 2-4 virtual interviews with stakeholders consistent with task resources.
▪ Deliverable 3a SEPA Scoping Notice and Alternatives Description
Step 3.4 Assess environmental impacts of alternatives
For each topic addressed in Deliverable 2, and confirmed as a scoping topic in Step 3.3, the Consultant
will prepare an impact analysis.
Prepare Land Use Analysis (BERK)
The Consultant will evaluate growth alternatives on compatibility and consistency with state GMA goals,
VISION 2050, the Renton Comprehensive Plan, and the Rainier/Grady Junction Subarea Plan. The
Consultant will review the contribution of alternatives towards supporting the City’s growth allocations.
The Consultant will also analyze the relative effects of growth alternatives on affordable housing
conditions and economic development strategies and job mix. The Consultant will adapt information from
the Subarea Plan and Deliverable 1 in conducting the analysis.
The land use compatibility evaluation will consider best management practices for location of residential
development in proximity to high-volume roadways and incorporate by reference air quality and noise
December 23, 2021 4
evaluations from the I-405 Program EIS1 and VISION 20502 EIS. The evaluation will also consider current
heat island effects and how the proposed code amendments and growth alternatives would affect current
conditions using the CAPA Strategies/King County mapping effort or other readily available data sets.3
Prepare Transportation Analysis (Perteet)
The Consultant will explore the transportation implications of each alternative providing input on a relative
comparison based on existing conditions, an understanding of the potential land use density and types as well
as the analysis conducted for the 2015 Comprehensive Plan. This exercise will not include a detailed evaluation
of traffic operations but will leverage previous work completed for the Study area that will be provided by the
City.
The transportation analysis will consider up to two (2) Alternatives including No Action and one new land use
scenario. It is assumed that the No Action is consistent with travel demand modelling that has already been
completed for the 2015 Comprehensive Plan with no new forecasts required for the No Action Alternative. The
Consultant will modify City provided traffic volumes for one high range Action Alternative within the Study area.
Traffic operations analysis will be conducted at up to six (6) study intersections by adjusting City provided traffic
volumes. Access and circulation will be evaluated for vehicles, pedestrians, and bicycles with a focus on
connectivity for pedestrians and bikes. The Consultant will also consider in a qualitative fashion how
improvements to the transit system may influence transportation in the Study area. Based on the potential
impacts, Perteet will identify mitigation measures and significant unavoidable adverse impacts. A project set
aside allows for testing a mid-range alternative, or adding intersections to the high-range Action Alternative, or
testing mitigation.
Prepare Stormwater Analysis (Perteet)
Consultant will analyze impacts and mitigation requirements for surface water and water resource
improvements under each alternative while ensuring that public and private stormwater systems are
planned, developed, and maintained to prevent flooding, protect water quality, and preserve natural
stormwater systems. The potential for a regional stormwater facility will be considered as one of the potential
options.
Prepare Utilities Analysis (Perteet)
The Consultant will coordinate with public and private utility providers to identify planned capacities for the
study area. The planned improvements will be compared to growth projections under each alternative to
identify capacity shortfalls and possible improvements needed to accommodate future planned growth.
The Consultant will analyze each alternative for impacts, mitigation requirements, and public-private
funding options for utility improvements for each alternative. The Consultant will consider anticipated or
needed improvements to accommodate growth and development projections.
Prepare Natural Environment Analysis (Perteet)
The Consultant will provide a review of potential impacts and opportunities related to the natural
environment within the identified study area(s). The Consultant will focus identification of mitigation
1 See:
https://www.doh.wa.gov/DataandStatisticalReports/WashingtonTrackingNetworkWTN/InformationbyLocatio n/Washington
EnvironmentalHealthDisparitiesMap.
2 See: https://www.psrc.org/our-work/regional-planning/vision-2050/environmental-review.
3 See: https://kingcounty.gov/elected/executive/constantine/news/release/2021/June/23-heat-mapping-results.aspx.
December 23, 2021 5
opportunities to those that best serve the ecological functions affected by plan updates. The Consultant
will also explore ways to streamline mitigation activities, through development of an advanced mitigation
program, for example. The Consultant will also note ways to strengthen the community’s connection to the
natural environment through interpretive or other educational or recreational opportunities.
Prepare Public Services Analysis (BERK)
The Consultant will evaluate each alternative with regard to the level of demand anticipated for each of
these public services based on available system plan and service delivery studies and adopted level of
service standards. Mitigation measures (e.g., capital facilities or impact fees or other) will be developed
based on City policies and the EIS evaluation.
Step 3.5 Prepare Draft EIS and solicit comments
The Consultant will prepare the Preliminary Draft EIS, which will contain the following elements required
in WAC 197-11:
▪ Cover Letter
▪ Fact Sheet
▪ Table of Contents
▪ Chapter 1–Environmental Summary
▪ Chapter 2–Proposal and Alternatives
▪ Chapter 3–Affected Environment, Significant Impacts, and Mitigation Measures
▪ Chapter 4–References
▪ Chapter 5–Distribution List
▪ Appendices
The Consultant will prepare a preliminary draft EIS for City review and comment. Natural and built
environment scope topics and approaches are included in Step 3.4.
Based on one round of consolidated City comments on the Preliminary Draft EIS, the Consultant will
prepare a print-check document and a Draft EIS for posting and public review. The Consultant will
prepare the notice of availability for City publication. The City will publish the Draft EIS.
▪ Deliverable 3b Draft EIS
Action 4 Select preferred alternative and schedule adoption of planned
action EIS and ordinance
Step 4.1 Prepare Final EIS in conjunction with preferred alternative
The Consultant will prepare the final EIS including a fact sheet, table of contents, draft EIS analysis
corrections as needed, description of the preferred alternative, and responses to comments
(approximately 50 unique comments are anticipated). The Consultant will prepare a preliminary final EIS
for City review and comment. Based on City comments, the Consultant will prepare a final EIS for public
issuance. One round of comments is anticipated. The Consultant will prepare the notice of availability for
City publication.
December 23, 2021 6
Step 4.2 Prepare Planned Action Ordinance
The Consultant will prepare the ordinance that designates the Planned Action. The ordinance will address
all legal requirements as outlined in WAC 197-11-168 and RCW 43.21c.440. The Consultant will
prepare a preliminary draft and public draft. The Consultant will attend the SEPA-required community
meeting (this can be accomplished during scoping or the Draft EIS comment period prior to the public
hearing) and two other public meetings/hearings regarding the planned action ordinance. These hearings
could occur with the Draft EIS comment period or later (after the community meeting).
▪ Deliverable 4 Final Draft Ordinance and Schedule for Adoption of Planned Action EIS
Cost Estimate
An estimate of time by major step is provided below.
Action Consultant
Action 2 Technical Analyses $69,000
Action 3 Alternatives $17,000
Action 3 Draft EIS $100,000
Action 4 Select preferred alternative and schedule adoption of planned
action EIS and ordinance
$54,000
Total $240,000
A budget detail by step is attached.
Lisa Grueter Casey Bradfield Kevin Gifford Associate IIProject AssociatePeter De Boldt, PM Brent Powell, Lead Patty Buchanan, Utilities LeadThomas Cheong, EngineerRebecca O’Sullivan, Engineer Abi SwansonPrincipal, SEPA Compliance, Alternatives, PAOSenior Associate I, EIS LeadSenior Associate II (GIS/Data)Evaluation Editing, Project SupportPrincipal Lead Engineer/ ManagerSr. Associate Engineer 2 Engineer 2 Senior Accountant2022 Hourly Rate $235 $165 $170 $145 $125 $265 $180 $225 $135 $135 $101Action 2 Technical AnalysesStep 2.0 Kickoff and Ongoing Coordination2424412248622$16,660Step 2.1 Prepare Land Use Analysis (BERK)43212 2$8,510Step 2.2 Prepare Transportation Analysis (Perteet)2 4 8 1 20 58 4 $14,589Step 2.3 Prepare Stormwater Analysis (Perteet)21 12 24 $6,675Step 2.4 Prepare Utilities Analysis (Perteet) 2 4 1 12 24 $7,335Step 2.5 Prepare Natural Environment Analysis (Perteet)41 8 12 $4,625Step 2.6 Prepare Public Services Analysis (BERK)212 840$9,610Action 3 Perform alternative analysis and Draft EISStep 3.1 Develop alternatives for environmental impact statement (EIS) (3 Alternatives)188844$7,990Step 3.2 Refine preferred alternative for Planned Action EIS14 6$4,280Step 3.3 Determination of Significance/Scoping Notice416 6$4,600Step 3.4 Assess environmental impacts of alternativesPrepare Land Use Analysis (BERK)840 8$9,840Prepare Transportation Analysis (Perteet) 4 8 4 2 26 86 $19,760Prepare Stormwater Analysis (Perteet) 41 16 40 $10,205Prepare Utilities Analysis (Perteet)2 4 1 16 40 $10,395Prepare Natural Environment Analysis (Perteet) 41 12 24 $7,145Prepare Public Services Analysis (BERK) 4 12 8 60$12,980Step 3.5 Prepare Draft EIS and solicit comments1632 83222288$17,700Action 4 Select preferred alternative and schedule adoption of planned action EIS and ordinanceStep 4.1 Prepare Final EIS in conjunction with preferred alternative24 54 12 48 32 2 12 16 32 32 $42,480Step 4.2 Prepare Planned Action Ordinance328422162$11,855Subtotal174 264 82 174 74 18 74 102 206 186 41358$227,234Total Estimated Hours174 264 82 174 74 18 74 102 206 186 41358Cost (Hours*Rate)$40,890$43,560$13,940$25,230$9,250$4,770$13,320$22,950$27,810$25,110$404 $227,234Subtotal Consultant Cost$227,234Project Expenses at ~1% of Project Budget$2,300Total excluding Set Aside$229,534Set Aside (e.g. added transportation analysis )$10,466(Part of Step 3.4)Team Total Labor and Expenses$240,000Total Hours andEstimated Costby TaskPerteetBERK Consulting