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HomeMy WebLinkAboutContractAGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, dated for reference purposes only asJune 7, 2024, is by and between the City of Renton (the “City”), a Washington municipal corporation, and EA Engineering, Science, and Technology, Inc. (“Consultant”), employee-owned public benefit corporation. 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 environmental consulting services 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 inExhibit 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, 2034. 4. Compensation: A. Amount. Total compensation to Consultant for Work provided pursuant to this Agreement shall not exceed four hundred thousand eight hundred twenty seven dollars and zero cents ($400,827.00), 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 A. 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 isperformed, 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 CAG-24-247 PAGE 2 OF 10 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 Cityafter 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 PAGE 3 OF 10 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 PAGE 4 OF 10 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 anyrequired 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 (except for professional liability claims), and hold harmless the City, elected officials, employees, officers, representatives, and volunteersfrom any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties, expenses, reasonable attorney’s or attorneys’ fees, costs, and/or litigation expenses to or by any and all persons or entities, to the extent caused by, 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. PAGE 5 OF 10 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, 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 PAGE 6 OF 10 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 controloccur, 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 Jill Ding 1055 South Grady Way Renton, WA 98057 Phone: (425) 430-6598 Email: JDing@Rentonwa.gov CONSULTANT Michele Sarlitto 2200 Sixth Avenue, Suite 707Seattle, WA 98121 Phone: (206) 452-5357 Email: msarlitto@eaest.com Fax: (206) 443-7646 PAGE 7 OF 10 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 Jill Ding. 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. PAGE 10 OF 10 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 Jennifer Martin Bouchard, P.G., PMP Vice President _____________________________ Date Attest _____________________________ Jason A. Seth City Clerk Approved as to Legal Form By: __________________________ M. Patrice Kent Sr. Assistant City Attorney Contract Template Updated 5/21/2021 9.3.20 4_____________________ Date 9/4/2024 Scope of Work, Schedule, Costs Longacres Master Plan EIS City of Renton Longacres Master Plan EIS 1 May 30, 2024 PROJECT APPROACH EA proposes that certain elements of the environment to be analyzed in the Longacres Master Plan EIS will utilize the technical information and analysis to be prepared by the Applicant Team, subject to thorough peer review by the EA Team. The EA Team will provide new technical analysis for those elements of the environment that will not be supported by Applicant-prepared technical analysis and information. The table below summarizes this approach for the EIS technical analyses. It is anticipated that the EIS will analyze two action alternatives and the No Action Alternative. ELEMENT WITH EA TEAM PEER REVIEW ELEMENT WITH EA TEAM NEW ANALYSIS Earth – Peer Review by EA Team Member AESI Air Quality – EA New Analysis Water – Peer Review by EA Env. Health (Noise)– Coffman Eng. New Analysis Critical Areas – Peer review by EA Team Member Raedeke Historic – Fieldwork Studio New Analysis Transportation – Peer Review by EA Team Member Transpo Cultural – CRC New Analysis Aesthetics – EA New Analysis PEER REVIEW An integral task for the Longacres Master Plan EIS will be to coordinate with the City of Renton regarding the technical analysis and information that will be prepared for the project that then can be used in the EIS (i.e. Geotech Report by GeoEngineers, Drainage Report by CPL, Critical Areas/Wetland Report by PACE, Arborist Report by Salish Forestry, and Transportation Report by TENW). The EA Team proposes to use the technical information and analysis to be prepared by the Applicant’s team to form the basis of the Earth, Water, Critical Areas and Transportation Sections of the Longacres Master Plan EIS. Our proposal assumes that the technical reports are generally complete and adequate for purposes of SEPA review and that there will be no further explorations/investigations or technical analysis required by the EA Team for the peer reviewed elements. The EA Team will confirm this through a thorough peer review of the Applicant team’s technical studies at the onset of the project and, as appropriate, through a visual reconnaissance of the site and vicinity. EA has developed a Peer Review Comment and Response Form that provides for a comprehensive and consistent tracking of the peer review comments by the EA Team and corresponding report updates by the Applicant Team. The Peer Review Comment and Response Form allows for the efficient compiling of specific peer review comments and tracking of the status of corresponding Applicant Team report updates (an example of our Peer Review Comment and Response Form is included as Appendix A to this Proposal). Should the peer review determine that additional technical analysis is required, the EA Team will provide detailed comments to direct any additional work required by the Applicant’s team to complete a technical analysis that is suitable to support the EIS. However, if directed by the city, the EA Team is fully capable of conducting the additional analysis in an expeditious and cost-effective manner. Scope of Work, Schedule, Costs Longacres Master Plan EIS City of Renton Longacres Master Plan EIS 2 May 30, 2024 TECHNICAL ANALYSIS For the elements of the Environment where the Applicant Team is not anticipated to be preparing supporting technical reports (Air Quality, Noise, Historic Resources, Cultural Resources, and Aesthetics) technical reports will be necessary. PHASED APPROACH We propose to provide environmental services for the Longacres Master Plan EIS using a phased approach. This will allow us to pinpoint the scopes of work more effectively, prior to initiating each phase. The primary EIS phases will be: Phase 1 – Project Initiation and EIS Scoping; Phase 2 – Draft EIS; and Phase 3 – Final EIS. More detailed descriptions of the phases follow. Phase 1 |Project Initiation & EIS Scoping EA will implement several First Steps during Phase 1 - Project Initiation & EIS Scoping to facilitate an organized start to the EIS and ultimate completion in an efficient manner. Coordinate with the City of Renton to confirm the City’s goals. Prepare a draft Protocol Document outlining the process for coordination/communication between the project Applicant, the EA Team, and the city during preparation of the EIS. Revise the Protocol Document based on any comments from city. Participate in meetings with the City and the applicant in order to determine the feasibility of beginning the EIS process before a complete application is formally submitted to the City. Coordinate with the City regarding support materials for EIS Scoping (including for a potential meeting), including slides/boards, information on the SEPA process/EIS Elements/EIS Alternatives/schedule/opportunities to comment, handouts, and Scoping comment forms. Attend and participate in an EIS Scoping meeting, if held. Coordinate with the City of Renton during the EIS Scoping comment period, and prepare a Scoping Document summarizing comments received, and discussion on the elements of the environment and alternatives to be analyzed in the Draft EIS. Participate in project Kick-off Meetings with the City, the Applicant, and the EA Team key personnel and technical leads to meet (virtually or in-person) and gain a full understanding of the proposal and the City’s expectations as SEPA lead agency. As available, complete initial round of peer review of the existing Applicant technical analyses for the project (including:Geotech Report by GeoEngineers, Drainage Report by CPL, Critical Areas/Wetland Report by PACE, Arborist Report by Salish Forestry, and Transportation Report by TENW). If draft technical reports are not completed at this point in the process, coordinate with the City and Applicant technical team to review technical Scope of Work, Schedule, Costs Longacres Master Plan EIS City of Renton Longacres Master Plan EIS 3 May 30, 2024 report outlines documenting methodologies to the utilized and topics of analysis. The Peer Review Comment and Response Form will be provided and discussed. After completion of EIS scoping and initial round of coordination with the Applicant Team, prepare a “Scope of Work/Methods and Assumptions Memo” describing the methods to be used and, if any additional investigations and technical analysis suggested, for all the elements of the environment to be studied in the EIS, and arrive at a consensus with the City. We propose to meet with the City and Applicant’s team to discuss the Scope/Methods Report. Create an “Information Needs Memo”(This Memo will be the framework moving forward with the EIS analyses and has been a proven and valuable tool to achieve an efficient start to the SEPA process. It ensures a consistent understanding of data needs, responsible parties, and due dates). Establish a Detailed EIS Schedule with team milestones, and circulate to the EA Team, City, and Applicant. Prepare Draft EIS Chapter 2 (Description of the Proposed Action and Alternatives) for distribution to the City and Applicant for review/concurrence. Upon completion, Chapter 2 will be distributed to the EA Team and Applicant Team to provide a consistent understanding of the proposal for SEPA analysis. Prepare an EIS Work Plan that includes: the Protocol Document, description of the project and alternatives, Detailed EIS Schedule, Detailed Scope of Work/Methods and Assumptions Report, and, Information Needs Memo. In a sense, the Work Plan will consolidate the results of the initial phase in a single document. The Final Work Plan will be circulated to the city, EA Team, and Applicant Team. Phase 1 Deliverables Protocol Document. Support Materials for EIS Scoping. Scoping Document. Scope of Work/Methods and Assumptions Memo. Information Needs Memo. Detailed EIS Schedule. Draft EIS Chapter 2. EIS Work Plan. Scope of Work, Schedule, Costs Longacres Master Plan EIS City of Renton Longacres Master Plan EIS 4 May 30, 2024 Phase 2 |Draft EIS EA will manage preparation of the Draft EIS, under the direction of the City. Tasks that EA will accomplish during this phase include: Serve as the principal author of the Draft EIS. This will include preparing the Fact Sheet, Chapter 1 (Summary Chapter), Chapter 2 (Description of the Proposed Action and Alternatives), Chapter 3 (Affected Environment, Environmental Impacts, Mitigation Measures, and Significant Unavoidable Adverse Impacts). The Draft EIS will consist of the analysis by the EA Team (Air Quality, Noise, Historic Resources, Cultural Resources, and Aesthetics), and incorporation of peer review analyses prepared by the Applicant Team (Earth, Water, Critical Areas, and Transportation). Conduct two rounds of peer review of the Applicant Team prepared technical Reports. The Peer Review Comment and Response Form will be utilized to document and track comments. Prepare the 1st Preliminary Draft EIS for review by the City of Renton (and as defined in Phase I, possibly also by the Applicant). Based on comments received, prepare the 2nd Preliminary Draft EIS for final review by the City. Based on comments received, coordinate production of the For-issuance Draft EIS. Help prepare for and assist the City in conducting the Draft EIS public meeting, if held, (either in-person or virtually) during the Draft EIS public comment period to obtain verbal comments and additional written comments (e.g., EA can produce meeting handouts and boards, help set up the meeting, and make a presentation). Regularly meet and coordinate with the city, and as allowed, the Applicant (via email, phone, and virtual meetings). EA will directly prepare or oversee preparation of the SEPA analyses required for the Draft EIS, in accordance with the Detailed Scope of Work/Methods and Assumptions concurred to with the City in Phase 1 of the EIS. The EA Team will ensure that the technical analyses that support the EIS are conducted in accordance with applicable regulations, industry standards, and best management practices. EIS sections will be prepared by the EA Team that will describe existing conditions, analyze the EIS alternatives, and identify mitigation measures. Certain technical analyses will be prepared directly by the EA Team (Air Quality, Noise, Historic Resources, Cultural Resources, and Aesthetics), or be peer reviewed analyses prepared by the Applicant Team (Earth, Water, Critical Areas, and Transportation). The technical reports will be included in the Appendices to the Draft EIS and summarized in the Draft EIS text. Scope of Work, Schedule, Costs Longacres Master Plan EIS City of Renton Longacres Master Plan EIS 5 May 30, 2024 Based on the project information provided by the City, EA has identified the following key approaches for the areas to be studied in the EIS. Earth – AESI Technical Analysis prepared by Applicant Team; Peer Review provided by EA Team member AESI For the Earth element of the EIS, AESI will perform peer review services of the Applicant-prepared information, including the Geotechnical Report to be prepared by GeoEngineers. AESI will: 1) attend a kickoff meeting with the City and team members; 2) coordination and meetings with team members, the applicant, and City of Renton staff, as needed; 3) obtain and review available, relevant information, including the applicants geotechnical report, historic mapping/imagery of the site and surrounding areas, recent geologic mapping, geological hazards maps, and development plans; (4) perform a site reconnaissance to field verify data presented in the applicant geotechnical report and other site features relevant to the study; (5) review and assess the subsurface characterization, engineering analysis and recommendations for the project Alternatives provided in the applicant geotechnical report, identify and data gaps, and provide comments utilizing the Peer Review and Response Form (two rounds assumed); and, 7) summarize findings in the Draft EIS section. Water Resources – EA Technical Analysis prepared by Applicant Team; Peer Review provided by EA For the Water Resources element of the EIS, EA will perform peer review services of the Applicant- prepared information, including peer review of the Drainage Report to be prepared by Coughlin Porter Lundeen (CPL). For this peer review effort, EA will follow a similar process to that describe for Earth, including: 1) obtain and review available, relevant information, including the Drainage Report to be prepared by CPL, critical areas maps, and development plans; 2) review and assess available data and identify data gaps; 3) perform a site reconnaissance to field verify data presented CPL report, and other site features relevant to the study, as necessary; 4) complete an assessment of water resources/stormwater drainage/floodplain, and assess impacts associated with development, and identify any needed mitigation, and provide comments utilizing the Peer Review Comment and Response Form (two rounds assumed); and 5) summarize findings in the Draft EIS section. Air Quality – EA New Technical Analysis prepared by EA For the Air Quality element of the EIS, EA will provide air quality impacts analysis for each of the three Alternatives. Renton is located in King County, which is in attainment for the National Ambient Air Quality Standards (NAAQS) for all criteria pollutants and is therefore not subject to the requirements of General Conformity (40 CFR Part 93). Direct air emissions from the alternatives under consideration will arise largely from demolition and construction activities. After completion of construction, indirect air emissions will arise largely from vehicle traffic to and from the site and on-site fuel burning equipment used for building heat (if any). EA will model and create an annualized inventory of direct and indirect emissions for all project years using ACAM (Air Conformity Assessment Model) or a similar application. Although General Conformity does not apply to the project, its de minimis emission threshold will be used as benchmarks for assessing the significance of air quality impacts. EA will also evaluate climate changes based on GHG emissions calculations. The findings of the Air Quality analysis will be summarized in the Draft EIS section. Scope of Work, Schedule, Costs Longacres Master Plan EIS City of Renton Longacres Master Plan EIS 6 May 30, 2024 Noise – Coffman Engineering New Technical Analysis prepared by Coffman Engineering Coffman Engineering will prepare preliminary draft, draft, and final reports describing the noise impact analysis. The analysis will: 1) characterize the affected environment including noise-sensitive properties, applicable noise limits, and baseline conditions; 2) calculate sound levels from proposed operations, associated traffic, and construction activities to identify environmental noise impacts; 3) recommend noise mitigation measures for operations and construction; and, 4) identify significant unavoidable adverse noise impacts. The findings of the Noise analysis will be summarized in the Draft EIS section. Critical Areas – Raedeke Associates Technical Analysis prepared by Applicant Team; Peer Review provided by Raedeke Associates For the Critical Areas element of the EIS, Raedeke Associates will perform peer review services of the Applicant-prepared information, including the Critical Areas/Wetland Assessment to be prepared by PACE and the Arborist Report to be prepared by Salish Forestry. Raedeke Associates will: 1) attend a kickoff meeting with the City and team members; 2) coordination and meetings with team members, the applicant, and City of Renton staff, as needed; 3) obtain and review available, relevant information, including - City code requirements for floodplains, wetlands, streams, and wildlife, the applicants critical areas/wetland and arborist reports, GIS mapping/imagery of the site and surrounding areas, mapping of habitat conditions, vegetation cover types, and wildlife/fish species (including listed and priority species), and development plans; (4) perform a site reconnaissance to field verify data presented in the applicant reports (including wetland delineation and stream OHWM boundary). and other site features relevant to the study; (5) review and assess the floodplain, critical areas and vegetation characterizations, impact analysis and recommendations for the project Alternatives provided in the applicant reports, identify any data gaps, and provide comments utilizing the Peer Review and Response Form (two rounds assumed); and, 7) summarize findings in the Draft EIS section. Aesthetics – EA Engineering New Technical Analysis prepared by EA For the Aesthetics element of the EIS, EA will provide impact analysis associated with height, bulk, and scale, shadows, and light and glare for each of the three Alternatives. EA will describe existing building bulk/scale and the aesthetic character of the site and site vicinity, existing shading on both public and private open spaces areas on site and in the site vicinity and provide a qualitative discussion of sources of existing lighting and glare. Assessment of the change in bulk/scale and aesthetic character under the EIS alternatives will be provided, including evaluation of building plans/evaluations/cross-sections provided by the applicant. EA will need visual simulations depicting height/bulk conditions as perceived from adjacent areas; simulations will be provided by the Applicant team in coordination with EA. Assessment of the change in shading of on-site/off-site public and private open space areas under the EIS alternatives will be provided, including analysis of shading graphics provided by the applicant. A qualitative assessment of the change in light and glare on site and in the site vicinity will also be provided. Mitigation measures, if warranted, will be identified and any significant unavoidable adverse noise impacts will be documented. The findings of the Aesthetics analysis will be summarized in the Draft EIS section. Scope of Work, Schedule, Costs Longacres Master Plan EIS City of Renton Longacres Master Plan EIS 7 May 30, 2024 Historic Resources – Fieldwork Studio New Technical Analysis prepared by Fieldwork Studio Fieldwork Studio will prepare preliminary draft, draft and final reports addressing Historic Resources. Fieldwork Studio will gather relevant background information and pertinent similar studies/planning documents, identify the APE and coordinate with DAHP as needed. Historical research and data collection will be performed to identify historic properties and broad historic context(s), in order to analyze any probable significant adverse impacts of Alternatives (including direct, indirect, and cumulative). Sources for research would include DAHP’s WISAARD, King County Historic Preservation Program records, previous documentation of the Longacres property, Renton History Museum, HistoryLink, Puget Sound Regional Archives, and archival newspapers online. Work would include a site visit and visual survey of the study area, to identify and appropriately record any potentially historic buildings with HPI forms in WISAARD. All of these aspects would be provided in a technical report for Historic Resources. The findings of the Historic Resources analysis will be summarized in the Draft EIS section. Cultural Resources – CRC New Technical Analysis prepared by CRC CRC will prepare preliminary draft, draft and final reports addressing Cultural Resources. To produce the cultural resources assessment, CRC will conduct a recorded sites files search using the DAHP database; review relevant correspondence between the client, stakeholders, and DAHP; and conduct a literature and archival review of review of environmental, archaeological, ethnographic, and historical sources appropriate to the project area. CRC will also contact the cultural resources staff of the affected tribes on a technical staff–to–technical staff basis for relevant project information. Following background research, CRC will conduct field investigations of the project location for identification of cultural resources. If previously unrecorded archaeological sites are identified within the project area, CRC will document and record these using Washington State archaeological site forms per DAHP standards. CRC will prepare a technical report describing background research, field methods, results of investigations, and mitigation recommendations. The report will provide supporting documentation of findings, including maps and photographs, and will conform to DAHP reporting standards. CRC will provide a redacted version of the technical report as an appendix to the EIS. The findings of the Cultural Resources analysis will be summarized in the Draft EIS section. Transportation – Transpo Technical Analysis prepared by Applicant Team; Peer Review by EA Team member Transpo For the Transportation element of the EIS, Transpo will perform peer review services of the Applicant prepared information, including peer review of the Traffic Impact Analysis (TIA) to be prepared by TENW. Review of the transportation discipline report will focus on City standards and policies, technical analysis completed, and mitigation recommendations identified to offset impacts as determined through city standards are defined. The following outlines the primary steps in the technical review process: 1) review/confirm the study area and analysis scope; 2) review core assumptions such as trip generation methodology and calculations, trip distribution patterns, and forecast traffic volumes; 3) conduct review of the technical analysis including review of intersection geometry, signal timing, LOS calculations; 4) review documentation and confirm consistency with technical results; 5) confirm mitigation requirements based on City of Renton standards; 6) provide list of corrections/concerns based on the technical review utilizing the Peer Review Comment and Scope of Work, Schedule, Costs Longacres Master Plan EIS City of Renton Longacres Master Plan EIS 8 May 30, 2024 Response Form ; and, 7) review corrections executed by the applicant and finalize peer review process. The findings of the Transportation analysis will be summarized in the Draft EIS section. Phase 2 Deliverables Peer Review Documentation (Peer Review Comment and Response Form). Preliminary and Finalized Technical Reports (Air, Noise, Historic, Cultural). 1st Preliminary Draft EIS. 2nd Preliminary Draft EIS. For Issuance Draft EIS. Draft EIS Public Meeting Support Material (if conducted). Phase 3 |Final EIS EA has developed many effective tools for managing and responding to Draft EIS comments in Final EISs, including: A Summary chapter with a question and answers section to respond to questions the public may have (e.g., on the SEPA review and approval processes); “Key Topic Areas” chapter that addresses the major comment areas to avoid repetitive responses; New Analyses chapter (if required) in response to comments received on the Draft EIS; Comment Matrix that ties comments to collected responses; and Cross-referencing by topic to avoid repetition of responses. Key tasks that will be performed during the Final EIS phase include: Review, key, and assign all comments received during the Draft EIS public comment period to the appropriate EA Team members. Prepare a “Response Strategy Memo”describing the EA Team’s proposed approach to addressing the Draft EIS comments, including any new analyses required in response to comments received on the Draft EIS. Meet with the City of Renton to confirm the appropriate response strategy and any potential for need for additional alternatives and/or analysis. Prepare the 1st Preliminary Final EIS for review by the city (and as allowed, the Applicant). Based on comments received, prepare the 2nd Preliminary Final EIS for final review by the city. Based on comments received, produce the For-Issuance Final EIS. Scope of Work, Schedule, Costs Longacres Master Plan EIS City of Renton Longacres Master Plan EIS 9 May 30, 2024 Phase 3 Deliverables Response Strategy Memo. 1st Preliminary Final EIS 2nd Preliminary Final EIS For Issuance Final EIS PRELIMINARY SCHEDULE The general schedule below shows that we estimate that the EA Team could complete the Longacres Master Plan EIS in less than one year (8-11 months). This could be accomplished by: proper up-front planning, beginning work on the Draft EIS during Phase 1 (e.g., initiating the Project Description), and gaining buy-in on Preliminary Draft EIS and Final EIS review cycles from the city (and possibly the Applicant). The actual EIS schedule will depend on the amount and nature of any additional technical analysis that is required (based on EIS Scoping and detailed peer review), the number/duration/substance of review cycles of the preliminary Draft and Final EISs, and extensions to the DEIS public comment period beyond the required 30 days. Project Schedule 2024 2025 Phase 1 – Project Initiation/Scoping Kick Off /Review Existing Info. Public Scoping Phase 2 – Draft EIS Compile Preliminary Draft EIS Prepare and Issue Draft EIS Phase 3 – Final EIS Compile Preliminary Final EIS Prepare and Issue Final EIS Public Comment Period * Public Meeting/Hearing Complete EIS Scoping and Issue Scoping Summary Issue Draft EIS Issue Final EIS 1 1 3 * 2 3 1 2 3 * 3 Scope of Work, Schedule, Costs Longacres Master Plan EIS City of Renton Longacres Master Plan EIS 10 May 30, 2024 PRELIMINARY COST ESTIMATE The EA team’s estimated costs to provide environmental consulting services for the Longacres Master Plan EIS are presented in the Cost Table below; cost assumptions are listed following the table. The total amount represented in the Cost Table will not be exceeded without prior authorization from City of Renton and the Applicant. Pricing is based on the tasks described in Section 2– Experience & Approach; information provided in the Request for Proposals, and EA’s experience on similar EIS projects. Beyond the hourly rates charged for staff time, EA does not charge for the incidental costs which are part of providing our services including: fees for small in-house black and white and color printing; staff computer user fees; and GIS, CAD, MS Project, and SharePoint user fees. Phase 1 Team Member Hours Hourly Rate Cost EA R. Schipanski 2 $250 500 G. Brunner 5 $230 1,150 M. Sarlitto 32 $195 6,240 K. Hollinger 48 $155 7,440 J. Kumm 1 $295 295 S. Barr 4 $120 480 R. Price 2 $240 480 Subtotal $16,585 Meetings $3,080 Subtotal $3,080 Expenses - mileage, large copying/printing services in-house $550 - printing boards for Scoping Meeting $880 - Court Reporter for Scoping Meeting $825 Subtotal $2,255 Subtotal $21,920 EA Team1 Cost Raedeke 1,100 AESI 1,612 CRC 875 Fieldwork Studios 853 Transpo Group 1,524 Coffman 1,228 Subtotal $7,190 TOTAL $29,110 1 Costs include EA’s 10% handling charge. Scope of Work, Schedule, Costs Longacres Master Plan EIS City of Renton Longacres Master Plan EIS 11 May 30, 2024 Phase 2 Team Member Hours Hourly Rate Cost EA R. Schipanski 15 $250 3,750 G. Brunner 24 $230 5,520 M. Sarlitto 200 $195 39,000 K. Hollinger 240 $155 37,200 J. Kumm 6 $295 1,770 S. Barr 40 $120 4,800 R. Price 20 $240 4,800 Subtotal $96,840 Meetings $3,080 Subtotal $3,080 Expenses -mileage, large copying/printing services in-house $550 - printing boards for DEIS Public Meeting $880 - Court Reporter for DEIS Public Meeting $825 Subtotal $2,255 Subtotal $102,175 EA Team1 Cost Raedeke 28,050 AESI 27,727 CRC 36,551 Fieldwork Studios 18,073 Transpo Group 37,472 Coffman 24,121 Subtotal $171,993 TOTAL $274,168 1 Costs include EA’s 10% handling charge. EA team members providing peer review services for the Preliminary Draft EIS include AESI, Raedeke, and Transpo Group. Remaining team members will be providing technical analysis in support of EIS sections. Scope of Work, Schedule, Costs Longacres Master Plan EIS City of Renton Longacres Master Plan EIS 12 May 30, 2024 Phase 3 Team Member Hours Hourly Rate Cost EA R. Schipanski 8 $250 2,000 G. Brunner 12 $230 2,760 M. Sarlitto 40 $195 7,800 K. Hollinger 90 $155 13,950 J. Kumm 3 $295 885 S. Barr 10 $120 1,200 R. Price 6 $240 1,440 Subtotal $30,035 Meetings $1,540 Subtotal $1,540 Expenses (mileage, copying, printing in-house)$495 Subtotal $495 Subtotal $32,070 EA Team1 Cost Raedeke 6,666 AESI 4,620 CRC 2,514 Fieldwork Studios 5,320 Transpo Group 12,646 Coffman 8,714 Subtotal $40,479 TOTAL $72,549 Contingency $25,000 TOTAL $97,549 1 Costs include EA’s 10% handling charge. EA team members providing peer review services for the Preliminary Final EIS include AESI, Raedeke, and Transpo Group. Remaining team members will be providing technical analysis in support of EIS sections. Scope of Work, Schedule, Costs Longacres Master Plan EIS City of Renton Longacres Master Plan EIS 13 May 30, 2024 Budget Assumptions EIS duration (through issuance of the FEIS) not-to-exceed 12 months. EA Engineering will provide project management services throughout the EIS process, including communicating and coordinating with the EIS Team and City. Analysis of three alternatives: Proposed Action, another Action Alternative, and No Action. Meetings include: up to 20 bi-weekly virtual check-in meetings (each 30 minutes in duration) with the City of Renton/EIS Team and up to 20 additional coordination meetings (each 30 minutes in duration), as necessary; one (1) EIS Scoping Meeting and one (1) Draft EIS Public Meeting is assumed. Comments on the PDEIS from the City will be edit-level and will not require additional analysis or alternatives. Response to up to 50 unique comments on the DEIS. No new elements of the environment, EIS alternatives, or analysis will be required for the FEIS. Initial responses to public comments on the DEIS will be provided by the applicable applicant project team member with edits and comments provided by the EA Peer Review Team. The published DEIS and FEIS will be prepared as electronic files and USBs (no hardcopies are assumed). CONTACT INFORMATION – DESIGNATED PROJECT MANAGER Michele Sarlitto | Senior Planner EA Engineering, Science, and Technology, Inc., PBC 2200 Sixth Avenue, Suite 707 Seattle, WA 98121 Voice: 206.452.5357 (direct) Mobile: 425.623.9066 Fax: 206.443.7646 Email: msarlitto@eaest.com Web: www.eaest.com CONTACT INFORMATION – SIGNATORY Jennifer Martin Bouchard, P.G., PMP Vice President and Pacific Business Unit Director EA Engineering, Science, and Technology, Inc. PBC 2200 Sixth Avenue, Suite 707 Seattle, WA 98121 Voice: 206.452.5360 (direct) Mobile: 315.382.0479 Fax: 206.443.7646 Email: jmartin@eaest.com