HomeMy WebLinkAboutAdden 2 CAG-12-086, Adden #2-13
CONSULTANT AGREEMENT
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THIS AGREEMENT is made as of the day of January, 2013, between the CITY OF RENTON, a
municipal corporation of the State of Washington, hereinafter referred to as "CITY" and EAR Blumen
Consulting Group, Inc., hereinafter referred to as "CONSULTANT",for it to continue the work preparing
and issuing an EIS Addendum for the Quendall Terminals project,that was started in 2010 with CAG 10-
051 ($15,000), CAG 10-102 ($157,975), and into 2011/2012 with CAG 11-197 that expired April 30,
2012. CAG-12-086 extended the date to March 31, 2013 with $39,765 remaining in the funds collected
from Quendall Terminals to cover the expenses. Addendum #1-12 dated September 25, 2012 added
another$1,600 for an additional transportation analysis. This addendum adds additional funding for
Phase 3B—Complete & Issue Final EIS& Mitigation Agreement. Information shall be made available for
use by the City of Renton Staff and City Council.
The CITY and CONSULTANT agree as set forth below:
1. Scope of Services. The Consultant will provide all labor necessary to perform all work, which is
described in the attached Scope of Services (Exhibit A). This Agreement and Exhibit hereto
contain the entire agreement of the parties and supersedes all prior oral or written
representation or understandings. This Agreement may only be amended by written
agreement of the parties. The scope of work may be amended as provided herein.
2. Changes in Scope of Services. The City,without invalidating the Consultant Agreement, may
order changes in the services consisting of additions, deletions or modifications, and adjust the
fee accordingly. Such changes in the work shall be authorized by written agreement signed by
the City and Consultant. If the project scope requires less time, a lower fee will be charged. If
any provision of this Agreement is held to be invalid,the remainder of the Agreement shall
remain in full force and effect to serve the purposes and objectives of this Agreement.
3. Time of Performance. The Consultant shall complete performance of the Consultant
Agreement for the items under Consultant's control. If items not under the Consultant's
control impact the time of performance,the Consultant will notify the City. The term of this
Agreement shall end at completion of the scope of work identified in Exhibit A, but no later
than March 31, 2013. This Agreement may be extended to accomplish change orders, if
required, upon mutual written agreement of the City and the Consultant.
4. Consultant Agreement Sum. The total amount of this Agreement is not to exceed the sum of
forty-three thousand,two hundred and twenty-five dollars ($43,225) which will be paid to the
City of Renton from Quendall Terminals. Washington State Sales Tax is not required. The Cost
Estimate provided by the Consultant to the City specifies total cost. The City will not authorize
work under this contract until the contract sum has been deposited with the City by Quendall
Terminals.
S. Method of Payment.. •Payment by the City for services rendered will be made after a voucher or
invoice is submitted in the form specified by the City. Payment will be made within thirty(30)
days after receipt of such voucher or invoice. The City shall have the right to withhold payment
to the Consultant for any work not completed in a satisfactory manner until such time as the
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Consultant modifies such work so that the same is satisfactory.
6. Record Maintenance and Work Product. The Consultant shall maintain accounts and records,
which properly reflect all direct and indirect costs expended and services provided in the
performance of this Agreement. The Consultant agrees to provide access to any records
required by the City. All originals and copies of work product, exclusive of Consultant's
proprietary items protected by copyright such as computer programs, methodology, methods,
materials, and forms, shall belong to the City, including records,files, computer disks, magnetic
media or material which may be produced by Consultant while performing the services.
Records shall be retained for six years after completion of the contract. Consultant will grant
the City the right to use and copy Consultant copyright materials as an inseparable part of the
work product provided.
7. Assignment Agreement. The Consultant shall not assign any portion of this consultant
Agreement without express written consent of the City of Renton.
8. Hold Harmless. The Consultant shall indemnify, defend and hold harmless the City, its officers,
agents, employees and volunteers, from and against any and all claims, losses or liability, or any
portion thereof, including attorneys fees and costs, arising from injury or death to persons,
including injuries, sickness, disease or death of Consultant's own employees, or damage to
property caused by a negligent act or omission of the Consultant, except for those acts caused
by or resulting from a negligent act or omission by the City and its officers, agents, employees
and volunteers. 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 and the city, its officers, officials, employees and volunteers,the consultant's liability
hereunder shall be only to the extent of the consultant's negligence. It is further specifically
and expressly understood that the indemnification provided herein constitute the consultant's
waiver of immunity under the Industrial Insurance Act,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.
9. Insurance. The Consultant shall secure and maintain commercial liability insurance in the
amount of$1,000,000 in full force throughout the duration of this Consultant Agreement. It is
agreed that on the CONSULTANT's policy,the City of Renton will be named as Additional
Insured(s) on a non-contributory primary basis. A certificate of insurance and the Primary&
Non-Contributory Additional Insurance Endorsement page, properly endorsed, shall be
delivered to the City before executing the work of this agreement. Please note: The
cancellation language should read "Should any of the above described policies be cancelled
before the expiration date thereof,the issuing company will mail 45 days written notice to the
certificate holder named to the left."
10. Independent Consultant. Any and all employees of the Consultant, while engaged in the
performance of any work or services required by the Consultant under this agreement, shall be
considered employees of the Consultant only and not of the City. The Consultant's relation to
the City shall be at all times as an independent consultant. Any and all claims that may or might
arise under the Workman's Compensation Act on behalf of said employees,while so engaged,
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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.
11. Compliance with Laws. The Consultant and all of the Consultant's employees shall perform the
services in accordance with all applicable federal, state, county and city laws, codes and
ordinances. Discrimination Prohibited: Consultant,with regard to work performed under this
agreement, will not discriminate on the grounds of race, color, national origin, religion, creed,
age, sex,the presence of any physical or sensory handicap, or sexual orientation, in the
selection and/or retention of employees, or procurement of materials or supplies.
This agreement is entered into as of the day and year written above.
CONSULTANT
Nimish Desai Mayor Denis Law
EA City of Renton
2200 Sixth Ave., Suite 707 1055 S Grady Wy 6th Fl
Seattle, WA 98121 Renton,WA 98057
APPROVED AS TO FORM: ATTEST:
City Attorney Bonnie I. Walton, City Clerk
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® 2200 Sixth Avenue,Suite 707
Exhibit A Seattle,WA 98121
Telephone:(206)452-5350
Fax:(206)443-7646
EA Engineering,Science,and Technology,Inc. www.eaest.com
December 10, 2012
Ms. Vanessa Dolbee, Senior Planner
Department of Community& Economic Development
City of Renton
Renton City Hall - 6th Floor
1055 S Grady Way
Renton, WA 98057
RE: Quendall Terminals EIS Contract Amendment for
Phase 3B —Complete & Issue Final EIS & Mitigation Agreement
Dear Vanessa:
EA is pleased to submit this proposed Contract Amendment (to our 7/26/10 Contract with the
City of Renton) for additional services that will be performed by EA and a member of our
technical team (TENW) on Phase 313 of the Quendall Terminals EIS (Complete and Issue Final
EIS and Mitigation Agreement).
BACKGROUND
In our 3/12/10 Proposal for the Quendall Terminals EIS, we provided a very general scope and
budget for Phase 3 — Complete and Issue the Final EIS. The City included the Phase 3 scope
and budget from our original Proposal in our 7/26/10 Contract. This scope and budget was
based on our experience on other similar projects. It did not assume that a substantial number
of comments would be received on the Draft EIS, nor that an Addendum to the Draft EIS would
be prepared and comments on that document addressed in the Final EIS as well. As indicated
in our original Proposal, the actual budget for Phase 3 is necessarily based upon the level and
substance of comments received from agencies and the public on the Draft EIS, and in this
case on the EIS Addendum. Our original Proposal also did not account for the managing
preparation of the Mitigation Agreement you have requested us to provide.
In December 2010, the Draft EIS was issued. A substantial number and depth of comments
were received on the Draft EIS (76 letters/emails and 8 public testimonies were received, with a
total of 510 individual comments, taking into account "form letter" repeats). EA and our team
began work on the Final EIS. In March 2011, the Quendall Terminals EIS was put on hold,
pending receipt of a letter from EPA clarifying their comments on the DEIS. In March 2012,
EPA issued a letter with clarifications, and the applicant subsequently developed a Preferred
Alternative that responded to EPA's recommendations. In October 2012, an EIS Addendum
was issued presenting the Preferred Alternative, and several new analyses. On November
19th, the public comment period on the Addendum ended. Twelve (12) letters/emails, with a
total of 102 comments were received on the Addendum. While a number of the comments on
the Draft EIS were addressed through the new Preferred Alternative and analysis included in
the EIS Addendum, a significant level of effort will still be required to respond to the number and
depth of the DEIS and EIS Addendum comments, above and beyond what was anticipated in
Quendall Terminals 1
Phase 3B—Complete&Issue FEIS&Mitigation Agreement
2200 Sixth Avenue,Suite 707
Seattle,WA 98121
in Telephone:(206)452-5350
Fax:(206)443.7646
EA Engineering,Science,and Technology,Inc. www.eaest.com
our original scope of work for the Final EIS. Again, preparation of the Mitigation Agreement was
not included in our original Proposal. As a result, new services will be required of EA and our
team, and we have prepared this Contract Amendment to cover our additional services and
expenses for Phase 313 - Complete and Issue Final EIS and Mitigation Agreement.
BUDGET STATUS
EA's original budget for Phase 3 was $32,000. EA and our team initiated work on Phase 3
(Complete and Issue Final EIS), based on our 7/26/10 Contract. As of November 30, we had
$7,805.05 remaining in our Phase 3 budget. In order to complete and issue the Final EIS and
Mitigation Agreement, we are seeking an amendment of $43,225 (including additional budget
for EA and TENW; no additional budget will be required for The Portico Group, Cultural
Resource Consultants, AESI or Raedeke).
DESCRIPTION OF SERVICES
Following is an itemization of the additional tasks that will be completed by EA and TENW in
Phase 313 to complete and issue the Final EIS.
• Task 1: Prepare 1St Preliminary Final EIS —As assumed in the general scope of work
in our 7/26/10 Contract, EA will serve as the principal author of the Final EIS. We will
manage and coordinate preparation of the Final EIS for submittal to the City of Renton
and the applicant. We will provide appropriate responses to all comments received on
the Draft EIS and EIS Addendum, responding directly to certain comments and referring
to previous and collected responses for others. Our approach will be to address the
comments on the EIS Addendum first, using these responses to respond to as many of
the comments on the Draft EIS as possible. Then, address the remaining comments on
the Draft EIS.
As a result of the substantial number and depth of comments received on the Draft EIS
and EIS Addendum, a significant level of effort will be required to organize, key and
respond to the comments, beyond what was assumed in the general scope of work in
our 7/26/10 Contract. Certain comments will be responded to directly by EA in the
Response to Comments chapter, others will require responses from TENW and the
applicant's consultants (Anchor QEA and Lance Mueller Architects). EA will review and
edit the technical responses for inclusion in the Final EIS. While not necessarily
required, a new Transportation analysis will be voluntarily provided in the Final EIS to
address a number of comments on the project's potential traffic impacts on the
Kenneydale neighborhood and 1-405 Exit 5. No other new technical analyses are
assumed to be necessary for the Final EIS.
Transportation Analysis — To address the DEIS/EIS Addendum comments on the
project's potential traffic impacts on the Park Avenue NE corridor, TENW will conduct
AM and PM peak hour traffic counts at the Lake Washington Boulevard/NE 40th Street
and Park Avenue NE/NE 30th Street intersections and prepare a planning-level
evaluation for the FEIS, including an estimate of existing cut-through traffic. To address
the DEIS/Addendum comments on the project's potential traffic impacts on 1-405 Exit 5,
Ouendall Terminals 2
Phase 3B-Complete&Issue FEIS& Mitigation Agreement
® 2200 Sixth Avenue,Suite 707
Seattle,WA 98121
Telephone:(206)452-5350
Fax:(206)443-7646
EA Engineering,Science,and Technology,Inc. www.eaest.com
TENW will conduct AM peak hour traffic counts at the NE 30th Street and 1-405
Northbound/Southbound freeway ramps, prepare future baseline traffic forecasts at the
interchange, and evaluate project level of service impacts to the "Exit 5" interchange
system. EA will summarize these analyses in the FEIS. TENW will also provide
responses or refer comments to specific areas within the DEIS and Addendum for the
150+ comments assigned to them.
The Final EIS will contain a Key Topic Areas chapter that will include the following
topics:
— Transportation
— Height/Bulk/Scale
— Cleanup/Remediation
— Archaeological/Cultural Resources
— Views
— Light and Glare
EA will author the Key Topic Areas discussions that will provide collected responses to a
number of comments on the Draft EIS and EIS Addendum in the above areas.
As assumed in the general scope of work in our 7/26/10 Contract, the Final EIS will also
include a Fact Sheet, list of Mitigation Measures, and Errata chapters prepared by EA.
• Task 2: Prepare 1s` Mitigation Agreement — EA will serve as the principal author of
the Mitigation Agreement. We will base this Agreement on the final list of mitigation
contained in the EIS Addendum and create a specific list of mitigation measures for the
Agreement, based upon input from the applicant and the City. We will provide
consistency review under the site plan, preliminary plat, shoreline permit and other
required permit approval processes, as well as discussions of the impacts that the
required mitigation measures will address and details on implementation of the
mitigation. We assume that input to the discussion of implementation will be provided
by the applicant's technical consultants (KPFF, Lance Mueller, Anchor QEA, Aspect and
Transpo).
• Task 3: Prepare 2nd Preliminary Final EIS & Mitigation Agreement — As assumed in
the general scope of work in our 7/26/10 Contract, EA will prepare a 2nd Preliminary
Final EIS that will respond to comments from the City and applicant. We will also
prepare a 2nd Preliminary Mitigation Agreement for their review and comment. It is
assumed that the City and applicant will each submit one set of consolidated comments
to EA on these documents, and that the comments will not be substantial or require new
analysis. If substantial comments are received and/or new analysis is required, a further
adjustment to the Final EIS and Mitigation Agreement scope and budget may be
necessary.
• Task 3: Prepare For-Publication Final EIS & Mitigation Agreement —As assumed in
the general scope of work in our 7/26/10 Contract, EA will prepare a For-publication
Final EIS. We will also prepare a For-publication Mitigation Agreement that responds to
Quendall Terminals 3
Phase 3B-Complete&Issue FEIS& Mitigation Agreement
® 2200 Sixth Avenue,Suite 707
Seattle,WA 98121
Telephone:(206)452-5350
Fax:(206)443-7646
EA Engineering,Science,and Technology,Inc. www.eaest.com
comments from the City. It is assumed that the City comments will be minor and edit
level only.
• Task 5: Copying/Printing — EA will coordinate printing and cd production of the issued
Final EIS and Mitigation Agreement (our 7/26/10 Contract included costs of printing the
Preliminary Final EIS, but did not include printing and cd production for the issued Final
EIS). Similar to the costs for printing the Draft EIS, we estimate an additional cost of
$2,500 to coordinate printing/cd production of the Final EIS (assuming printing of 26
hard copies of a one-volume, approximately 500-page Final EIS, and preparation of 60
cd's of the document). We estimate a cost of $1,000 to coordinate printing/cd production
of the Mitigation Agreement (assuming 26 hard copies of a one-volume, approximately
50-page Mitigation Agreement, and preparation of 60 cd's of the Agreement). EA will
also assist the City in placing the documents on their website.
• Task 6: Meetings —We anticipated that up to two (2) additional meetings, attended by
up to two (2) EA professional staff could be required during Phase 3B for the Final EIS,
and up to four (4) meetings attended by up to two (2) EA professional staff could be
required during this phase for the Mitigation Agreement.
• Task 7: Project Management — EA will perform additional EIS and Mitigation
Agreement project management, including communication with the City, applicant, and
the EIS technical team (via telephone and e-mail) regarding overall Final EIS/Mitigation
Agreement progress, issues and findings. Also included in this task are sub-consultant
management, accounting and invoicing. This task has expanded beyond the general
scope of work in our 7/26/10 Contract, due to schedule delays and the additional
management and communication required to respond to the extensive comments and
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prepare the Mitigation Agreement.
Deliverables
The follow deliverables will be produced by EA during Phase 313:
• Twelve (12) copies each of the 1St Preliminary Final EIS and Mitigation Agreement
to the City and the applicant for review and comment.
• Four (4) copies each of the 2nd Preliminary Final EIS and Mitigation Agreement to
the City and applicant for review and comment.
• One (1) copy each of the For-publication Final EIS and Mitigation Agreement to the
City for final review.
• Twenty-six (26) hard copies and 60 cd's of the issued Final EIS and Mitigation
Agreement to the City for circulation and sale.
SCHEDULE
Based on the Revised Final EIS Schedule (see Attachment A) prepared by EA, the 1"
Preliminary Final EIS and Mitigation Agreement are slated to be submitted to the City of Renton
and applicant in mid-January. If the City and applicant complete their review and comment on
the 1St Preliminary Final EIS and Mitigation Agreement by early February, and their comments
are not substantial and do not require new analysis, the Final EIS and Mitigation Agreement are
Quendall Terminals 4
Phase 3B-Complete&Issue FEIS&Mitigation Agreement
® 2200 Sixth Avenue,Suite 707
Seattle,WA 98121
Telephone:(206)452-5350
Fax:(206)443-7646
EA Engineering,Science,and Technology,Inc. www.eaest.com
scheduled to be issued in late March. At the City's direction, the Mitigation Agreement could be
issued after the 20-day appeal period on the Final EIS. If substantial delays in the schedule
occur that are outside the control of EA, a further adjustment to the Final EIS and Mitigation
Agreement scope and budget may be necessary.
BUDGET
We propose to establish an additional budget of $43,225 for EA's and TENW's additional
professional services and expenses to complete and issue the Quendall Terminals Final EIS
and Mitigation Agreement ($29,475 for the Final EIS, and $13,750 for the Mitigation
Agreement). A breakdown of EA's and TENW's additional estimated budget is provided as
Attachment B to this Contract Amendment. This budget includes all labor and reimbursable
expenses, and is consistent with the additional assumed Final EIS and Mitigation Agreement
scope identified in the Scope of Work section of this Contract Amendment. It covers EA's and
TENW's additional services and expenses through issuance of the Final EIS and Mitigation
Agreement.
EA's costs will be billed in accordance with our 2012-2013 Fee Schedule (see Attachment C
for EA's Fee Schedule).
We look forward to successfully completing the Quendall Terminals Final EIS and Mitigation
Agreement. If the proposed additional Scope of Work and Budget and Revised Schedule herein
are acceptable to City of Renton, please incorporate the appropriate information into a work
order and return one copy to us for our files. We assume that all other terms of our 7/26/10
Contract Agreement will still pertain, unless modified herein.
Sincerely,
EA Engineering, Science & Technology
Rich Schipanski Gretchen Brunner
Manager, Planning and Environmental Review Senior Planner
Attachments
Quendall Terminals 5
Phase 3B-Complete&Issue FEIS& Mitigation Agreement
in 2200 Sixth Avenue,Suite 707
Seattle,WA 98121
Telephone:(206)452-5350
Fax:(206)443-7646
EA Engineering,Science,and Technology,Inc. www.eaest.com
Attachment A
QUENDALL TERMINALS EIS
Phase 3—Complete & Issue Final EIS & Mitigation Agreement
EA REVISED Schedule
Milestone Date
1. All Public Comments on EIS Addendum to EA 11/28/12
2. EA Circulates Comments to Technical Team 11/30/12
3. EA Submits Budget Amendment for Phase 3B to City/Applicant 12/10/12
4. City/Applicant Approve Budget Amendment for Phase 3B 12/21/12
5. Draft Technical Responses to EA from TENW 12/28/12
6. EA Submits 1St PFEIS & Mitigation Agreement to City and Applicant 01/11/13
7. Comments on 1 st PFEIS & Mitigation Agreement from City & Applicant
to EA (4-week turnaround) 02/08/13
8. EA Submits 2nd PFEIS & Mitigation Agreement to City & Applicant
(2-week turnaround)' 02/22/13
9. Comments on 2nd PFEIS & Mitigation Agreement from City & Applicant
to EA (2-week turnaround) 03/08/13
10. EA Submits For-Publication FEIS & Mitigation Agreement to City
(1-week turnaround)2 03/15/13
11. EA Submits Issued FEIS & Mitigation Agreement to City 03/20/13
14. FEIS & MITIGATION AGREEMENT PUBLISHED Week of 03/25/13
Assumes that City/Applicant comments are not substantial and do not require new analysis.
2Assumes that City/Applicant comments are minor edit-level only.
3 At the City's direction, the Mitigation Agreement could be published after the 20-day appeal period on
the FEIS.
Quendall Terminals 6
Phase 3B—Complete&Issue FEIS& Mitigation Agreement
® 2200 Sixth Avenue,Suite 707
Seattle,WA 98121
Telephone:(206)452-5350
Fax:(206)443-7646
EA Engineering,Science,and Technology,Inc. www.eaest.com
Attachment B
QUENDALL TERMINALS EIS
Phase 3B —Complete & Issue Final EIS & Mitigation Agreement
EA Estimated ADDITIONAL Budget
Professional Labor Hours Hourly Rate Total
Final EIS
EA
Program Director 4 175 700
Senior Planner 80 140 11,200
Planner 110 90 9,900
Admin. Support 20 50 1,000
Graphics 100
Reimbursable Expenses
(including mileage, parking, delivery, 3,000
transcription services, printing*, etc.
$25,900
TENW $3,575
Subtotal $29,475
Mitigation Agreement
EA
Program Director 2 175 350
Senior Planner 40 140 5,600
Planner 65 90 5,850
Admin. Support 8 50 400
Graphics 50
Reimbursable Expenses 1,500
(including mileage, parking,
delivery, printing*, etc.
Subtotal $13,750
TOTAL ADDITIONAL
PHASE 3B BUDGET $43,225
*Assumes printing of 26 hard copies and preparation of 60 cd's each of the published FEIS and
Mitigation Agreement.
Quendall Terminals 7
Phase 3B—Complete&Issue FEIS&Mitigation Agreement
® 2200 Sixth Avenue,Suite 707
Seattle,WA 98121
Telephone:(206)452-5350
Fax:(206)443-7646
EA Engineering,Science,and Technology,Inc. www.eaest.com
Attachment C
QUENDALL TERMINALS EIS
Phase 313— Complete & Issue Final EIS & Mitigation Agreement
EA 2012-1013 Fee Schedule
i
Rich Schipanski Manager, Planning & Environmental Review 175
Terry McCann Senior Planner 185
Gretchen Brunner Senior Planner 140
Karen Swenson Senior Planner 130
Michele Sarlitto Senior Planner 125
Jeff Ding Planner 90
Kristy Hollinger Planner 80
Jenny Claflin Administrative 50
Other Rates
Auto mileage, per mile $0.55
In-house photo copies, per page $0.15
Handling charge on subcontractors and expenses 10%
Rates are good through June 2013.
Quendall Terminals 8
Phase 3B-Complete&Issue FEIS&Mitigation Agreement