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HomeMy WebLinkAboutAdden 1 cAG-12-086, Adden #1-12 CONSULTANT AGREEMENT 0 THIS AGREEMENT is made as of the .26 day of September, 2012, between the CITY OF RENTON, a municipal corporation of the State of Washington, hereinafter referred to as "CITY" and EA I 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. 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 one thousand six hundred dollars($1,600) 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. I 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 Consultant modifies such work so that the same is satisfactory. 1 I 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 p J g 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 p rovided 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 i f g p y, e C ty o 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, 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 2 CONSULTANT AGREEMENT THIS AGREEMENT is made as of the day of September, 2012, 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. 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 one thousand six hundred dollars ($1,600)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 Consultant modifies such work so that the same is satisfactory. 1 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, Pacific Business Unit Director Chip Vincent and Vice President Administrator, Dept. of CED EAJ Blumen City of Renton 720 Sixth St, Ste 100 1055 S Grady Wy 6th Fl Kirkland, WA 98033 Renton, WA 98057 I APPROVED AS TO FORM: ATTEST: City Attorney Bonnie I. Walton, City Clerk 3 d TN 720 Sixth Street South,Suite 100 Kirkland,WA 98033 Tel:425-284-5401 a unit of EA Engineering,Science,and Technology,Inc. Fax:425-284-5402 mmeaest.com August 28, 2012 Vanessa Dolbee, (Acting) Senior Planner City of Renton Department of Community & Economic Development 1055 South Grady Way Renton,WA 98057 RE: Quendall Terminals Phase 3A-Prepare and Issue EIS Addendum Dear Vanessa: On 6.5.12, the City of Renton authorized a contract amendment for EA[Blumen and our sub- consultants (TENW, Raedeke Associates, Cultural Resource Consultants, and Portico Group)to prepare and issue an Addendum to the Quendall Terminals DEIS (Phase 3A of the EIS). Based on the City's review of the July 2012 Preliminary EIS Addendum, you have asked that additional transportation analysis be conducted and incorporated into the EIS Addendum. Following is our proposed Scope of Work and Budget for this additional work. Scone of Work TENW TENW will update the traffic forecasts at Study Intersections 1 and 2 (the 1-405/NE 44th Street ramps)for the Quendall Terminals EIS Addendum by incorporating pipeline traffic from a new development known as the Kennydale Apartments into the traffic analysis. Distribution of traffic associated with the Kennydale Apartments west of this interchange (down the Lake Washington Blvd. corridor)was estimated at only 5 percent of total traffic, resulting in directional flows of 5 peak hour trips or less (in either the AM or PM peak hour). Therefore, additional analyses of these study intersections will not be conducted. Peak directional flows at the interchange of between 10 and 70 vehicles per hour from this project were estimated, and would be added to background traffic forecasts at Study Intersections 1 and 2. Incorporation of the traffic from this project into the traffic analysis will result in modifications in both background and the with-project analyses, and will require updating of figures, traffic models and the text of the analysis. EA[Blumen EA[Blumen will review and incorporate the additional transportation analysis prepared by TENW into the EIS Addendum, and update figures as necessary. Quendall Terminals EIS 9 Phase 3A-Prepare and Issue EIS Addendum 8.28.12 Prinled ou sestalitable wood forest paper using soy-based ink Bud-get Based on the above Scope of Work, we will need an adjustment of$1,600 to our Phase 3A budget. This will bring our total budget for Phase 3A to $41,365. All of the terms and conditions specified in our Phase 3A Contract with the City still pertain unless modified herein. If the proposed additional Scope of Work and Budget are acceptable to the City, please proceed with administratively authorizing this adjustment. We are prepared to begin the additional Phase 3A work upon your authorization. We anticipate submitting a second Preliminary EIS Addendum to the City within approximately two weeks of your authorization. Please call either of us if you have any questions. Sincerely, EAJBlumen Rich Schipanski Gretchen Brunner Manager, Planning and Environmental Review Senior Planner Quendall Terminals EIS 2 Phase 3A--Prepare and Issue EIS Addendum 8.28.92 CAG-12-086, Adden #2-13 CONSULTANT AGREEMENT M- 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 EA I 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 1 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, 2 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 6 t FI Seattle, WA 98121 Renton, WA 98057 APPROVED AS TO FORM: ATTEST: City Attorney Bonnie I. Walton, City Clerk I 3 on 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 FENS&Mitigation Agreement ® 2200 Sixth Avenue,Suite 707 Seattle,WA 98121 Telephone:(206)452-5350 Fax:(206)443-7646 EA Engineering,Science,and Technology,Inc. mm.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 3B - 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 401h Street and Park Avenue NE/NE 301h 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 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 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 1St 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 prepare the Mitigation Agreement. Deliverables The follow deliverables will be produced by EA during Phase 313: • Twelve (12) copies each of the 15t 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 1s' 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 FENS&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.corn 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 S Rich Schipanski Gretchen Brunner Manager, Planning and Environmental Review Senior Planner Attachments Quendall Terminals 5 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. mmeaest.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. wm.eaest.com Attachment C QUENDALL TERMINALS EIS Phase 313 —Complete & Issue Final EIS & Mitigation Agreement EA 2012-1013 Fee Schedule 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. i Quendall Terminals 8 Phase 3B—Complete&Issue FEIS&Mitigation Agreement