HomeMy WebLinkAboutCOW 2005-01-10 Item 5A - Contract - Supplemental Environmental Impact Statement (EIS) with Huckell Weinman Associates for $39,072 COUNCIL AGENDA SYNOPSIS
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ITEM INFORMATION 1
I CAS NUMBER: 05-006 I ORIGLNAL AGENDA DATE: January 10, 2005
1 AGENDA ITEM TITLE Contract for preparing Supplemental Environmental Impact Statement
CATEGORY X Disors ion Motion Resolution Ordinance Bid Award Public Heating Other
11g Date Mfg Date 316 Date rs Da :e Mfg Date Air g Date
SPONSOR Council Algol-
9 Adm Sres X DCD Fina,;c Fire Legal P&R Police Pll%
SPONSOR'S This contract with Huckell Weinman Associates (I -IWA) Inc. is for preparation of a Supplemental Environmental
SL L\IARY Impact Statement and Planned Action Ordinance for the Tukwila Urban Center Plan. It is funded by the Tukwila
Urban Center/TOD federal grant.
REVIEWED BY COW Mtg. X CARP Cmte 12/14/0t0 FRS Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE:
RECOMMENDATIONS:
SPONSOR /ADMLN. Recommend approval of contract
CO\DIITTEE Recommend approval of contract
jCOST IMPACT FUND SOURCES
E YE \DITL.RE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
0 0 $0
Fund Source: N/A
Comments :Preparation of amendment can be completed in- house.
MTG. DATE I RECORD OF COUNCIL ACTION
MTG. DATE ATTACHMENTS
1.10.05 I Staff memo to COW RE: Contract with HWA for TUC SEIS preparation
Minutes from CAP Meeting December 14, 2004
City of Tukwiia
Steven M. Mullet, Mayor
Department of Community Development
Steve LanC11Ster, Director
TO:
From:
Date:
Committee of the Whole Memb~"
Steve Lancaster, DCD Director
January 2. 2005
Subject:
Contract for Consultant Services related to the Supplemental Environmental
Impact Statement and Planned Action for the Tukwila Urban Center Plan
Backl!round
As you will recall, the Tukwila Urban Center Plan will focus on the Mall to Station alternative as
well as a "no action" alternative. The TUC plan is due out in draft form in February 2005.
In order to streamline future environmental review for projects in the TUC, environmental
review for the ruc plan will be completed as a "Planned Action". Designating a specific area
as a planned action shifts detailed environmental review of projected land uses and their
impacts to the planning phase rather than the permitting phase. So, although a typical project
requires additional detailed environmental review at the permitting phase, a project qualifYing
for "planned action review" does not.
The intent is to provide a more streamlined environmental review process. Benefits of this
include:
. increase predictability of development requirements for permit applicants
. less applicant and City staff time for environmental permitting tasks.
In 1997, the City ofTukwila adopted the MIC Plan as a planned action. This technique has
worked successfully to streamline the environmental process for projects in the MIC zone.
Process
In order to designate the ruc plan a planned action, the City must do the following:
1. Complete a Supplemental Environmental Impact Statement addressing likely significant
adverse environmental impacts of the ruc Plan.
I. Designate by ordinance those types of projects qualifYing for planned action review,
including mitigation measures that will be required. The types of projects must be
limited to certain type of projects or to a specific geographical area I.
I (See RCW 43.21C.031, WAC 197-11-164 and 168 tor more information).
6300 Southcenter Boulevard, Suite #/00 . Tukwila, Washington 98188 . Phone: 206.431.3670 . Fax: 206-431-3665
Contract
?
Staff has completed a consultant selection process for preparation of the Supplemental
Environmental Impact Statement and Planned Action Ordinance and has selected Huckell
Weinman Associates Inc. The contract is for S39,072 and will be funded by the Tukwila Urban
CenterrrOD federal grant. The attached contract package includes Attachment B, the scope of
work for the project. This scope of work has been summarized below for your convenience.
Task I: Project Strategy and Kick-off
Task 2: Draft SEIS
Scoping
Collection of Background Information
Project Description and Alternatives
Summary of Prior Environmental Analysis
Analysis of Impacts and Mitigation Measures
Miscellaneous EIS Sections
Task 3: Final SEIS
Task 4: Planned Action Ordinance
Task 5: Implementation and Administration - Development Tracking and Monitoring
Staff Recommendations:
Approve the contract with Huckell Weinman Associates Inc. to prepare the ruc SEIS and
Planned Action Ordinance.
Next steps:
Forward the proposed contract on to the City Council for action on the consent agenda on
January 18.
Exhibit A-1
Certification Of Consultant
Project No. TSP (IOl)
Local Agency LA5377
I hereby certify that I am Richard Weinman
representative of the firm of Huckell/Weinman Associates, Inc.
270 - 3rd Ave Ste 200, Kirkland, W A 98033
firm I here represent has:
and duly authorized
whose address is
and that neither I nor the above
(a) Employed or retained for a commission, percentage, brokerage, contingent fee or other consideration, any
firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to
solicit or secure this contract.
(b) Agreed, as an express or implied condition for obtaining this contract, to employ or to retain the services of
any firm or person in connection with carrying out the contract.
(c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely
for me or the above CONSULTANT) any fee, contribution donation or consideration of any kind for, or in
connection with procuring or carrying out the contract; except as here expressly stated (if any):
I further certify that the firm I hereby represent is authorized to do business in the State of Washington and
that the firm is in full compliance with the requirements of the board of Professional Registration.
I acknowledge that this certificate is to be available to the State Department of Transportation and the
Federal Highway Administration, U.S. Department of Transportation, in connection with this contract
involving participation of Federal aid funds and is subject to applicable State and Federal laws, both
criminal and civil.
12/16/2004
Date
Signature
Certification of Agency Official
I hereby certify that I am the AGENCY Official of the Local Agency of Tukwila, Washington
and that the above consulting firm or their representative has not been required, directly or indirectly as an
express or implied condition in connection with obtaining or carrying out this contract to:
(a) Employ or retain, or agree to employ or retain, any firm or person, or
(b) Payor agree to pay to any firm, person or organization, any fee, contribution, donation or consideration of
any kind, except as here expressly stated (if any).
I acknowledged that this certificate is to be available to the Federal Highway Administration, U.S. Department
of Transportation, in connection with this contract involving participation of Federal aid highway funds and it
subject to applicable State and Federal laws, both criminal and civil.
- ~ --.
-~-
Date
Signature
Exhibit A-2
Certification Regarding Debarment,,suspension, and Other Responsibility
Matters-Primary Covered Transactions
I. The prospective primary participant certifies to the best of its knowledge and belief, that it and its
principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded rrom covered transactions by any federal department or agency;
(b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment
rendered against them for commission or ITaud or a criminal offense in connection with obtaining,
attempting to obtain, or perfonning a public (federal, state, or local) transaction or contract under a public
transaction; violation offederal or state antitrust statues or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(federal, state, or local) with commission of any of the offenses enumerated in paragraph l.b. of this
certification; and
(d) Have not within a three-year period preceding this applicationJproposal had one or more public
transactions (federal, state, or local) tenninated for cause or default.
2. Where the prospective primary participant is unable to certify to any of the statements in this certification,
such prospective participant shall attach an explanation to this proposal.
Consultant (Firm): HuckelllWeinman Associates, Inc.
12/1612004
(Date)
{Signature} President or Authorized Official of Consultant
Exhibit A-3
Certification Regarding The Restrictions
of The use of Federal Funds for Lobbying
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
I. No federal appropriated funds have been paid or wiII be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of any federal agency, a member of
Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with
the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any federal contract, grant, loan, or cooperative agreement.
2. If any funds other than federal appropriated funds have been paid or wiII be paid to any person for
influencing or attempting to influence an officer or employee of any federal agency, a member of Congress,
an officer or employee of Congress, or an employee of a member of Congress in connection with this
federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard
Fonn-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by Section 1352, Title 3 I, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than S I 0,000 and not more than S I 00,000 for each
such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require
that the language of this certification be included in all lower tier subcontracts which exceed S I 00,000 and
that all such subrecipients shall certify and disclose accordingly.
Consultant (Finn): HuckelI!\Veinman Associates, Inc.
12/16/2004
(Date)
(Signature) President or Authorized Official of Consuftant
Exhibit A-4
Certificate of Curreqt Cost or Pricing Data
This is to verify that, to the best of my knowledge and belief, the cost or pricing data (as defIned in
section 15.801 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.804-2)
submitted, either actually or by specifIc identification in writing, to the contracting officer or to the
contracting officer's representative in support of LA5377 / TCSP (010)
* are accurate, complete, and current as of September 15,2004 **. This certifIcation includes
the cost or pricing data supporting any advance agreements and forward pricing rate agreements between
the offeror and the Government that are part of the proposal.
Finn Huckell/Weinman Associates, Inc.
Name Richard Weinman
Title Vice President
Date of Execution*** December 16, 2004
* Identify the proposal, quotation, request for price adjustment, or other submission involved,
giving the appropriate identifying number (e.g., RFP No.).
** Insert the day, month, and year when price negotiations were concluded and price agreement
was reached
*** Insert the day, month, and year of signing, which should be as close as practicable to the date
when the price negotiations were concluded and the contract price was agreed to.
Exhibit B-1: ProjeGt # TCSP- TCSP(01 0)
Tukwila Urban Center Planned Action
Scope of Work
HuckelllWeinman Associates' scope of work for the Tukwila Urban Center Planned
Action includes the following major elements: preparation of a Supplemental EIS (draft
and final), strategic advice on how to define the planned action area, preparation of a
planned action ordinance, and identification of tools/procadures to help staff implement
and track the planned action. Major tasks are described below.
Task 1. Proiect Initiation/StrateQV
Objective: "Kjck off' the project and discuss strategic issues relating to scope,
define the planned action area, and identify implementation issues and tools.
The initial task is intended to provide the consultant and City with an opportunity to
discuss strategic issues related to defining, evaluating and implementing the planned
action. This will include how the planned action is defined in terms of uses, intensity,
design and location; the content of the SEIS (what analysis is being supplemented
andlor deferred); and issues with administration and implementation of planned actions,
based on the City's prior experience. This meeting will also provide an opportunity to
brainstorm ideas about potential tools that could be used to review and make
consistency determinations for planned actions, and to monitor and track development.
The consultant will provide examples of existing planned action ordinances for the City
to consider in conjunction with Task 4.
Product: Memorandum documenting strategy decisions and course of action.
Schedule: Within 2 weeks of, or prior to, contract execution.
Task 2. Draft SEIS .
Objective: Prepare Draft SEIS for the TUC Planned Action
Task 2 is divided into several sub-tasks, beginning with scoping and leading to
publication of the Draft SEIS.
a. Scopinq. The consultant will prepare a scoping notice for publication by the City.
The notice will generally describe the proposal and alternatives, environmental issues
preliminarily identified for discussion in the SEIS, and will invite public/agency comment.
A scoping meeting is not required by SEPA and is not proposed.
b. Collection of Backqround Information. The City will provide to the consultant relevant
environmental information contained in existing environmental documents (e.g., the
Westfield EIS, the Comprehensive Plan EIS, and the SEPA Checklist for the current
Comprehensive Plan update), and City plans (e.g., plans for public services and utilities).
The City will also provide copies of the Urban Center sub-area plan, zoning regulations
and design guidelines when drafts are available. The consultant will compile and
summarize this information for incorporation in the SEIS. The consultant will also
HuckelI/Weinman Associates Scope of Work
Tukwila Urban Center Planned Action
1
identify the framework contained in relEWant planning documents and development
regulations, which will be relevant to mitigation.
c. Project Description & Alternatives. The consultant will describe the proposal &
alternatives. The proposed action is adoption of a sub-area plan, development
regulations and design guidelines for the Urban Center, and designation of the sub-area
as a planned action for purposes of future SEPA compliance. Key aspects of the
description will include the planned action area, planned land uses, intensity/amounts of
development (net increase and mid-term development, building heights, FAR, etc.),
population and employment forecasts/capacity, planned improvements, proposed
policies, design guidelines, development regulations, thresholds for vehicle trips, the
planned action time period, and other relevant parameters. Where appropriate, this
information will be presented in tabular form.
We are assuming that the entire urban center will be designated as the planned action
sub-area. The focus of the analysis will be on the type, amount, location and form of
expected mid-term development (2020). Focus areas and typical development
forms/footprints will be used as representative examples of expected development.
Longer-term development will be described more generally.
Prior planning has effectively limited the range of reasonable alternatives for the City
Center; speculative or "straw man" development scenarios are not necessary or
appropriate. Therefore, only the No Action alternative, as required by SEPA, will be
addressed in the SEIS. No Action will assume continuation of existing Comprehensive
Plan policies, development regulations and land use trends (including vested and other
reasonably certain background growth). A sub-area plan, area-specific regulations and
design guidelines would not be adopted. The sub-area would not be designated as a
planned action. No Action will provide a baseline against which to measure the impacts
of the proposal.
The project description will also describe the context of prior planning, environmental
review and regulatory actions. It will summarize SEPA's planned action provisions and
procedures. This information will help describe the framework for the City's proposal.
This description would be based on the Task 1 meeting, subsequent discussions and
information provided by the City. Describing the proposal accurately is crucial for
properly framing the EIS analysis. We will circulate a draft project description and
incorporate feedback before proceeding with the analysis.
Our budget assumes that graphics to support the description of the proposal and
alternatives will be taken from the plan and/or provided by the City's plan consultant.
d. SummalY of Prior Environmental Ana/vsis. The consultant will prepare a summary of
existing environmental information/analysis for those elements of the environment not
addressed in the planned action SEIS. The purpose is to document the rationale for the
SEIS' limited scope, and to provide a road map that can be used by project staff
reviewing implementing projects to find relevant environmental analysis and to
determine project consistency. The summary would also provide a rationale for phased
review of selected issues (e.g., air quality conformity analysis). This information could
be placed as an introduction to the Impact section of the SEIS. or contained in the
project description.
Hucke/I/Weinman Associates Scope of Wolk
Tukwita Urban Center Planned Action
2
Relevant information regarding utilities will be prepared by the City, edited by the
consultant, and included in the summary. It is assumed that utilities systems are
adequate, that this fact is documented in existing plans or analysis, and that further
analysis in the SEIS is not required.
e. Analvsis of Impacts and Mitiaation Measures. Our scope of work assumes that the
SEIS will address the following substantive issues: transportation, land use (land use
patterns and relationship to plans and policies), and aesthetics. Each element is
described briefly below.
i. Transportation will be the major focus of the SEIS. This analysis will be
prepared by Mirai Associates pursuant to their scope of work with the City. (The
consultant will review Mirai's scope of work, provide any relevant SEPA-related
approach, methodology and coordination issues.) The transportation analysis
will be submitted to HWA in electronic form and reviewed/edited by HWA for
incorporation into the SEIS.
ii. Land & Shoreline Use will describe existing conditions and will evaluate
significant changes to land and shoreline use expected to result from the sub-
area plan. The framework for analysis will include identifying types of uses,
overall land use patterns. intensity of development, etc. The range of impacts will
include direct (e.g., displacement), indirect (e.g., potential influences on future
land uses) and cumulative impacts. Any land use conflicts or incompatibilities
will be identified. (These will, presumably have been anticipated and addressed
in the sub-area plan and development regulations.)
The relationship of the proposal to adopted plans & policies will be described.
This is intended to help establish the consistency (or identify any inconsistencies)
between the sub-area plan and the Comprehensive Plan, Growth Management
Act policies, and the County-wide Planning Policies.
iii. Aesthetics will describe any significant change in the form (height, bulk and
scale) and appearance of development resulting from the sub-area plan. Any
significant conflicts (including potential view blockage or shadowing caused by
taller buildings) will be identified. In large part, expected visual change is
expected to be positive. The discussion will be qualitative; photo-simulations are
not proposed.
The discussion of mitigation measures for each element of the environment addressed
in the SEIS will specify the requirements contained in adopted development regulations,
and identify any measures that are specific to implementing future development
proposals. Requirements in proposed sub-area development regulations and design
guidelines will be identified. Mitigation will also be linked to any quantitative or temporal
measures (e.g., number of trips, LOS, population or employment levels) that would
trigger the need for identified capital improvements. This approach is intended to enable
the City to effectively program, phase and monitor development in the TUC to ensure
that concurrency requirements are satisfied.
f. Miscellaneous EIS Sections. This task includes preparation of the fact sheet,
summary, references and distribution list (the latter will be provided by the City).
HuckelllWeinman Associates Scope of Work
Tukl'li/a Urban Center Planned Action
3
The consultant will produce a preliminary, document for internal review and comment;
our budget assume one round of substantive review. We would then revise the
document and prepare it for printing/publication. It is assumed that the City will distribute
the SEIS and publish any required notices.
Product: Camera-ready Draft SEIS
Schedule: March 2005 (timing could be adjusted based on completion of sub-
area plan documents)
Task 3. Final SEIS
Objective: Respond to public and agency comments on the Draft SEIS, and
address any changes to the proposal.
Comment letters will be reviewed and numbered. and issues will be categorized. We
would initially meet to discuss the comments and potential responses with the City.
The Final SEIS will respond to comments received on the Draft SEIS from agencies,
organizations and the public. Responses may take the form of a written answer to a
specific comment, a modification to the proposal, new or revised alternatives, providing
additional information or analysis, or describing why no response is necessary (WAC
197-11-560). Our budget assumes a moderate number of comments (25) and that no
additional substantive analysis will be required. It is assumed that Mirai Associates will
respond to comments relating to transportation. (Since it is impossible to predict the
number or substance of comments in advance, we propose to revisit the Final SEIS
budget after comment letters are reviewed.)
The consultant will produce a draft for internal review and comment; our budget
assumes one round of internal review. We will then revise the document and prepare it
for printing/publication.
Product: Camera-ready Final SEIS.
Schedule: May 2005 (could be adjusted based on completion of sub-area plan
and publication date of Draft SEIS)
Task 4. Planned Action Ordinance
Objective: Prepare a draft ordinance designating the TUC planned action and
incorporating legal requirements.
The consultant will prepare a draft ordinance consistent with the requirements of
WAC197-11-168. In general, the ordinance will describe:
(1) the types of projects designated as planned actions (i.e., in terms of use,
amount, configuration, location, etc.);
(2) a finding that environmental impacts of the panned action have been
adequately addressed in the EIS;
(3) a description of how the planned action satisfies the criteria in WAC 197-11-
164 (I.e., a GMA sub-area plan. located within an urban growth area. not an
essential public facility, and consistent with the Comprehensive Plan); and
(4) specific mitigation measures - other than adopted development regulations -
that will apply to projects.
HuckellfWeinman Associates Scope of Wotk
Tukwila Urban Center Planned Action
4
The ordinance (or the EIS) may limit the planned action to a specific time period.
For efficiency, the consultant will compile and use, as appropriate, some provisions from
adopted planned actions. One round of internal review of the draft ordinance is
assumed. The City may wish to involve the City attorney at this point. or earlier.
The consultant will attend and provide support at the public hearing (one hearing
assumed) for the ordinance.
Product: Draft planned action ordinance for public review.
Schedule: June 2005
Task 5. Implementation & Administration - Development Trackinq & Monitorinq
Objective: Develop tools and procedures to help the Gity efficiently make planned
action consistency determinations; and to enable the Gity to track and monitor
development within the TUG.
The consultant will meet with planning and project review staff to gain an overview and
understanding of the City's development review process, including projects reviewed
pursuant to the Manufacturingllndustrial Center planned action. Our goal is to clearly
understand how City staff currently use planning and environmental documents and
information to make decisions. This will provide a basis for identifying tools and
techniques for making TUC information more accessible and useful. We envision that a
number of matrices andlor checklists will be prepared to help staff identify and track
issues and impacts quantitatively (e.g., amount of development by type, number of trips
generated) and qualitatively (e.g., land use conflicts).
These initiatives could also effect the type or format of information provided by the
applicant. As noted previously, we propose to integrate these concerns into the
summary and presentation of information in the SEIS, so it is easier to make conclude
whether or not project impacts are addressed in the planned action SEIS. Developing
these tools is envisioned to be a collaborative process between the consultant and City
staff.
A new planned action checklist form will be developed to replace the standard SEPA
checklist that is currently used to make planned action consistency determinations.
(DOE approval or a new checklist is required per WAC 197-11-315 (2)). It would
reorganize and focus the information provided by the applicant so it is more closely
related to the decisions that must be made by staff in making its planned action
determinations (based on WAC 197-11-164 through 172). Two iterations of a draft
checklist are envisioned, plus a response to DOE comments (which are assumed) on
the draft checklist.
Product: PA consistency checklist; matrices and/or checklists.
Schedule: May 2005 (could be adjusted based on completion of sub-area plan
and publication date of Final SEIS)
Huckell/Weinman Associates Scope of Work
Tukwila Urban Center Planned Action
5
Estimated Project Budget
7
I Richard W Jacquelyn S David N Total
Hours/Cost I
Task ,
I
Project I 14 2,352 141 1,260 28 3,612
Management/Coordination 1 I
Meetings/Hearings < I 12 2,016 8 720 8 1,008 28 3,744
Task 1. Project I 4 6721 4 360 I 4 504 12 1,536
Initiation/Strategy
Task 2. Draft SEIS I 30 5,040 92 8,280 I 122 13,320
Task 3. Final SEIS " I 10 1,680 241 2,160 I I 34 3,840
Task 4. Planned Action 1 20 3,360 I 4 504 24 3,864
Ordinance
Task 5. Implementation Tools 12 2,016 140 5,040 52 7,056
Subtotal Labor 102 17,136 142 12,780 56 7,056 300 36,972
SEIS PrintinQ 4 1,600
Misc. Expenses 500
Total Cost I 39,072
Notes:
2004 Hourly Billing Rates (fully burdened): RW=$168; DN= $126; JS=$90
1. Project management assumes an average of 1 hour per week for 28 weeks.
2. Assumes 2 meetings (@2hrs) with City staff (RW, JS, ON); assumes attendance at 1
hearing (RW).
3. Assumes 25 comment letters received: 75 percent are assumed to be related to
transportation, with the remainder related to SEPA, process or land use.
4. For both Draft and Final documents, assumes 10 copies of prelim and 100 copies of
published document @ 100 pages x .07 page. Assumes distribution by the City.
Huckell/Weinman Associates Scope of Work
Tukwila Urban Center Planned Action
6
Schedule *
7
2004
November Contract neaotiation
2005 1
January Contract approval
Proiect initiation; brainstorm meetina
February Prepare Draft SEIS
March Internal review draft completed
City review & comment
Revise document
April Publish Draft SEIS
Beain comment oeriod (30-45 davs)
May End of comment oeriod
June Prepare Final SEIS
Adminfimplementation tools
July Internal review draft
City review and comment
Revise document
Publish Final SEIS
Prepare Planned Action ordinance
* Task completion dates could be adjusted to reflect any slippage in the schedule for the
sub-area plan, development regulations and design guidelines.
HuckeltNIeinman Associates Scope of Work
Tukl'lila Urban Center Planned Action
7
Exhibit C-2
Payment
(Cost Plus Fixed Fee)
The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this
AGREEMENT as provided hereinafter. Such payment shall be full compensation for all work perfonned or
services rendered and for all labor, materials, equipment, and incidentals necessary to complete the work
specified in Section II, "Scope of Work." The CONSULTMT'f shall conform with the applicable portion of 48
CFR3L
A. Actual Costs
Payment for all consulting services for this project shall be on the basis of the CONSULTANT's actual cost
plus a fixed fee. The actual cost shall include direct salary cost, overhead, and direct nonsalary cost.
L Direct Salary Costs
The direct salary cost is the direct salary paid to principals, professional, technical, and clerical personnel
for the time they are productively engaged in work necessary to fulfill the tenns of this AGREEMENT.
2. Overhead Costs
Overhead costs are those costs other than direct costs which are included as such on the books of the
CONSULTANT in the nonnal everyday keeping of its books. Progress payments shall be made at the
rate shown in the heading of this AGREEMENT, under "Overhead Progress Payment Rate." Total
overhead payment shall be based on the method shown in the heading of the AGREEMENT. The three
options are explained as follows:
a. Actual Cost Not To Exceed Maximum Percent: If this method is indicated in the heading of this
AGREEMENT, the AGENCY agrees to reimburse the CONSULTANT at the actual overhead rate
verified by audit up to the maximum percentage shown in the space provided. Final overhead
payment when accumulated with all other actual costs shall not exceed the total maximum amount
payable shown in the heading of this AGREEME1\T'f.
b. Fixed Rate: If this method is indicated in the heading of the AGREEMENT, the AGENCY agrees to
reimburse the CONSULTANT for overhead at the percentage rate shown. This rate shall not change
during the life of the AGREEMENT.
A summary of the CONSULTANT's cost estimate and the overhead computation are attached hereto as
Exhibit D- I and by this reference made part of this AGREEME1\T'f. When an Actual Cost method, or
the Actual Cost Not To Exceed method is used, the CONSUL TAt'IT (prime and all subconsultants) will
submit to the AGENCY within three months after the end of each finn's fiscal year, an overhead
schedule in the format required by the AGENCY (cost category, dollar expenditures, etc.) for the
purpose of adjusting the overhead rate for billing purposes. It shall he used for the computation of
progress payments during the following year and for retroactively adjusting the previous year's
overhead cost to reflect the actual rate.
Failure to supply this information by either the prime consultant or any of the subconsultants shall
cause the agency to "ithhold pa}ment of the billed overhead costs until such time as the required
information is received and an overhead rate for billing purposes is approved.
The STATE and/or the Federal Government m<;y perform an audit of the CONSULTANT's books and
records at any time during regular business hours to determine the actual overhead rate, if they so desire.
3. Direct Nonsalary Costs
Direct nonsalary costs will be reimbursed at the actual cost to the CONSULT At'IT. These charges may
include, but are not limited to the following items: travel, printing, long distance telephone, supplies,
computer charges, and fees of subconsultants. Air or train travel will only be reimbursed to economy
class levels unless otherwise approved by the AGENCY. Automobile mileage for travel will be
reimbursed at the current rate approved for AGENCY employees and shall be supported by the date and
time of each trip with origin and destination of such trips. Subsistence and lodging expenses will be
reimbursed at the same rate as for AGENCY employees. The billing for nonsalary cost, directly
identifiable with the Project, shall be an itemized listing of the charges supported by copies of original
bills, invoices, expense accounts, and miscellaneous supporting data retained by the CONSULT At'lT.
Copies of the original supporting documents shall be provided to the AGENCY upon request. All of the
above charges must be necessary for the services to be provided under this AGREEMENT.
4. Fixed Fee
The fixed fee, which represents the CONSULT ANT's profit, is shown in the heading of this
AGREEMENT under Fixed Fee. This amount does not include any additional fixed fee which could be
authorized ftom the Management Reserve Fund. This fee is based on the scope of work defined in this
AGREEMEl'rr and the estimated man-months required to perform the stated scope of work. In the event
a supplemental agreement is entered into for additional work by the CONSULTANT, the supplemental
agreement may include provisions for the added costs and an appropriate additional fee. The fixed fee
will be prorated and paid monthly in proportion to the percentage of work completed by the
CONSULTANT and reported in the monthly progress reports accompanying the invoices.
Any portion of the fixed fee earned but not previously paid in the progress payments will be covered in the
final payment, subject to the provisions of Section IX, Termination of Agreement.
5. Management Reserve Fund
The AGENCY may desire to establish a Management Reserve Fund to provide the Agreement
Administrator the flexibility of authorizing additional funds to the AGREEMENT for allowable
unforeseen costs, or reimbursing the CONSULT At'\'T for additional work beyond that already defmed in
this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser ofS50,000
or 10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount
included for the Management Reserve Fund is sho\\TI in the heading of this agreement. This fund may be
replenished in a subsequent supplemental agreement. Any changes requiring additional costs in excess of
the "Management Reserve Fund" shall be made in accordance with Section XIV, "Extra Work."
6. Maximum Total Amount Payable
The maximum total amount payable, by the AGENCY to the CONSULTANT under this AGREEMENT,
shall not exceed the amount shown in the heading of this AGREEMENT.
The Maximum Total Amount Payable is comprised of the Total Amount Authorized, which includes the
Fixed Fee and the Management Reserve Fund. The Maximwn Total Amount Payable does not include
payment for extra work as stipulated in Section XIV, "Extra Work."
7
B. Monthly Progress Payments
The CONSULTANT may submit invoices to the AGENCY for reimbursement of actual costs plus the
calculated overhead and fee not more often than once per month during the progress of the work. Such
invoices shall be in a format approved by the AGENCY and accompanied by the monthly progress reports
required under Section m, General Requirements, of this AGREEMENT. The invoices will be supported by
an itemized listing for each item including direct salary, direct nonsalary, and allowable overhead costs to
which will be added the prorated Fixed Fee. To provide a means of verifying the invoiced salary costs for
CONSULTANT employees, the AGENCY may conduct employee interviews. These interviews may consist
of recording the names, titles, and present duties of those employees performing work on the PROJECT at
the time of the interview.
C. Final Payment
Final payment of any balance due the CONSULT At'IT of the gross arnount earned will be made promptly
upon its verification by the AGENCY after the completion of the work under this AGREEMENT,
contingent upon receipt of all PS&E, plans, maps, notes, reports, and other related documents which are
required to be furnished under this AGREEMENT. Acceptance of such final payment by the
CONSULT At'IT shall constitute a release of all claims for payment which the CONSULTANT may have
against the AGENCY unless such claims are specifically reserved in writing and transmitted to the
AGENCY by the CONSULTANT prior to its acceptance. Said final payment shall not, however, be a bar
to any claims that the AGENCY may have against the CONSULTAt'IT or to any remedies the AGENCY
may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the
appropriateness of any item and that at the time of final audit, all required adjustments will be made and
reflected in a final payment. In the event that such final audit reveals an overpayment to the
CONSULTAt'IT, the CONSULTANT will refund such overpayment to the AGENCY within ninety (90)
days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULT A1\'T for
any claims relating to the validity of a finding by the AGENCY of overpayment.
D. Inspection of Cost Records
The CONSULT A1'1T and the subconsultants shall keep available for inspection by representatives ofthe
AGENCY and the United States, for a period of three years after fmal payment, the cost records and
accounts pertaining to this AGREE!vfENT and all items related to or bearing upon these records with the
following exception: if any litigation, claim, or audit arising out of, in connection with, or related to this
contract is initiated before the expiration of the three-year period, the cost records and accounts shall be
retained until such litigation, claim, or audit involving the records is completed.
Exhibit D-1
Consultant Fee Determination. Summary Sheet
(Lump Sum, Cost Plus Fixed Fee, Cost Per Unit of Work)
Project: Tukwila Urban Center SElS
Direct Salary Cost (DSC):
Classification
Man Hours
133.0 X
68.0 X
71.0 X
0.8 X
1.0 X
X
X
X
X
Senior Principal
Principal
Project Planner
Support Staff
Support Staff
Overhead (OH Cost - including Salary Additives):
OH Rate x DSC of 1.9241 % x $
Fixed Fee (FF):
FF Rate x DSC of
.30
%x$
Reimbursables:
Itemized
Subconsultant Costs (See Exhibit G):
Grand Total
Prepared By: Jennifer Swanson
Rate = = Cost
52.12 S 6,931.96
42.30 2,876.13
22.84 1,621.43
23.60 17.70
22.04 22.04
Total DSC =
$
II ,469.25
II,469.25
22,067.98
II,469.25
3,440.78
2,094.00
39,072.01
Date:
December 16, 2004
Exhibit E
Breakdown of Overhead Cost
Calculation of 2003 Overhead Expense Factor ,
HuckelllWeinman Associates, Inc.
%of
Direct
$ Amount Labor
DIRECT LABOR EXPENSE $ 574,099.00 100.00%
OVERHEAD EXPENSES:
PAYROLL BURDEN
Payroll Taxes $ 82,701.07
Vacation/Holiday/Sick Leave $ 134,144.70
Employee Insurance $ 78,913.02
Employee Incentive Compensation $ 31,600.01
Sub-total Payroll Burden $ 327,358.80 57.02%
GENERAL & ADMINISTRATNE
Administrative Labor $ 461,973.30
Auto Expense $ 1,413.83
Business Insurance $ 13,495.00
Communications $ 9,697.90
Delivery & Postage $ 3,951.60
Depreciation $ 29,007.00
Employee Relations $ 6,663.20
Equipment Rental & Maintenance $ 4,398.91
Fumiture & Equipment $ 592.85
Legal & Accounting (Does Not incl Fed Tax Prep) $ 1,968.40
Licenses $ 1,117.50
Memberships & Conferences $ 8,586.96
Office Maintenance $ 6,148.40
Printing & Reproduction $ 177.10
Publications $ 1,659.43
Rent & Tennant Improvements $ 168,412.30
Storage Rental & Access $ 3,685.17
Supplies $ 5,831.42
Taxes - Business & Property $ 40,539.64
Travel & Lodging $ 1,358.54
Utilities $ 6,582.16
Sub-total General & Adminitrative Expense $ 777,260.61 135.39%
TOTAL OVERHEAD EXPENSE
1$1,104,619.41 192.41%1
Exhibit F
Payment Upon Termination of Agreement
By the Agency Other Than for
Fault of the Consultant
(Refer to Agreement, Section IX)
Lump Sum Contracts
A final payment shall be made to the CONSULTANT which when added to any payments previously made shall
total the same percentage of the Lump Sum Amount as the work completed at the time oftennination is to the
total work required for the PROJECT. In addition, the CONSULTANT shall be paid for any authorized extra
work completed.
Cost Plus Fixed Fee Contracts
A final payment shall be made to the CONSULTANT which when added to any payments previously made, shall
total the actual costs plus the same percentage of the fIxed fee as the work completed at the time of tennination is
to the total work required for the Project. In addition, the CONSULTA1'IT shall be paid for any authorized extra
work completed.
Specific Rates of Pay Contracts
A final payment shall be made to the CONSULT A.1'IT for actual hours charged at the time of tennination of this
AGREEMENT plus any direct nonsalary costs incurred at the time oftennination of this AGREEtvfENT.
Cost Per Unit of Work Contracts
A fInal payment shall be made to the CONSULT A1'\'T for actual units of work completed at the time of
tennination of this AGREEMENT.
Community and Parks Committee
- 7
December 14,2004
Present:
Pam Linder, Chair; Joe Duffie, Daye Fenton
Steve Lancaster, Kevin Speck, Lynn Miranda, Lucy Lauterbach
Renewal Moratorium on TOD Area Since 2002 there has been a moratorium on certain uses
of the land around the Transit Oriented Development area. The moratorium prohibits
manufacturing, industrial, and auto-related businesses, but many uses are allowed that will not
prevent easy redevelopment in future years. Steve L said the moratorium will not affect the
proposed new housing development in the area. Noting there have been several extensions of this
moratorium, he said the plan is progressing toward completion, and though this may not be the
last extension, it should be finished in 2005. The plan will be ready for initial Council review in
January. There will be a public hearing January 10, and adoption a week later. Recommend
Public Hearine: and renewine: the moratorium to a CO,,, Januarv 10,
~-
Contract with Huckell Weinman Associates for EIS for TUC The City has been very
successful in doing a Planned Action environmental review ofthe manufacturing area so that
developers generally don't need to do EIS work for their projects. DCD is planning to do the
same in the ruC. The plan would look at the environment impacts possible in the area, and then
specify what projects could go forward where. The end product will be a Supplemental
Environmental Impact Statement (SEIS). Dave asked about the consultant. Steve said they had
done the Westfield EIS. Recommend contract to COW.
\
Connectivity The Committee talked about how the City might be able to connect at least the
CBD and eventually the neighborhoods with gigabit ethemet. They discussed what a benefit to
certain businesses this would be, and Dave said it would be beneficial to some apartments as
well. How much it would cost businesses to buy in was one issue. Though Tukwila has a
substantial amount of capacity for fiber in the ruc, some of the larger companies want to own
theii'-Owll~i pc&-as-weU-as-.fiber ~The-signal-il'lterconnect-projects-{}n the-east si dlKlf-the-eity-also--
have helped to put capacity in the ground. Dave said he had originally thought it would be good
to do a joint project with our neighboring cities, but he is re-thinking that might not be good, as
Tukwila is far ahead of our neighbors in putting pipe in the ground, Joe asked how connectivity
would affect the many poor people who live in Tukwila. One thing many lower income people
do have is cable TV, and they may want to use connectivity for that as long as they have to pay a
bill for cable. Pam asked Derek ifhe could prepare an infonnation paper in January on how
having Ethernet would affect the CBD in its quest for attracting new businesses. She said she
would bring this up with the Mayor to clarify and get approval for her request. Information.
" ,
,J(j
~'Committee chair approval