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HomeMy WebLinkAboutCOW 2009-07-13 Item 5D - Agreement - NPDES Phase II Consulting with RW Beck for $24,502CAS NUMBER: 09-097 AGENDA ITEM TITLE SPONSOR'S SUMMARY 1 MTG. DATE 1 07/13/09 07/20/09 MTG. DATE 07/13/09 07/20/09 1 Meeting Date 07/13/09 07/20/09 Initials Prepared by 1 Mayor's review Council review 7 M I 1 t 3M 1 ITEM INFORMATION ORIGINAL AGENDA DA I'E: JULY 13, 2009 CI D9 NPDES Program Consultant Agreement with R.W. Beck CA EGORY Discussion Motion Resolution Mtg Date 07/13/09 Mtg Date 07/20/09 Mtg Date SPONSOR Council Mayor Adm Svcs DCD This consultant agreement is for the National Pollutant Discharge Elimination System (NPDES) Phase II general permit. Three firms were short- listed from the Consultant Works Roster and R.W. Beck was chosen as the most qualified. The consultant will assist the City adopt a new surface water design manual and all of the required supporting documents. Council is being asked to approve the contract with R.W. Beck in the amount of $24,502.00. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 06/23/09 RECOMMENDATIONS: SPONSOR /ADMIN. Public Works COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE AMOUNT BUDGETED APPROPRIATION REQUIRED $20,000.00 $0.00 EXPENDITURE REQUIRED $24,502.00 COUNCIL AGENDA SYNOPSIS Fund Source: 412.02 SURFACE WATER FUND (PG. 150, 2009 CIP) Comments: Additional funding will come from the Surface Water fund Ordinance Bid Award Public Hearing Other Mtg Date Mtg Date Mtg Date Mtg Date Finance Fire Legal P&R Police PW RECORD OF COUNCIL ACTION ATTACHMENTS Informational Memorandum dated 06/16/09 Consultant Selection Consultant Agreement with Scope of Work Minutes from the Utilities Committee meeting of 06/23/09 ITEM No. City of Tukwila To: Mayor Haggerton Utilities Committee From: Public Works DirectoJr/ Date: June 16, 2009 INFORMATIONAL MEMORANDUM Subject: NPDES Program Project No. 93 -DR10 Consultant Selection and Agreement Jim Haggerton, Mayor ISSUE Approve a consultant agreement with R.W. Beck to assist the City in adopting a new surface water design manual and supporting documents to be in compliance with NPDES Phase II Stormwater requirements. BACKGROUND The City's National Pollutant Discharge Elimination System (NPDES) Phase II general permit requires that the City adopt a stormwater manual that is equivalent to the 2005 Department of Ecology's Surface Water Design Manual by February 15, 2010. The City may adopt the Dept. of Ecology's (DOE) manual, adopt another jurisdiction's manual, or develop our own manual and have it reviewed by DOE for equivalency. Staff recommends that the City adopt the 2009 King County Surface Water Design Manual to meet the NPDES requirement. When the City adopts the King County manual, we must also adopt the various supporting documents that are identified in the King County manual or amend current City procedures to ensure full compliance with the manual requirements. ANALYSIS The City currently uses the 1998 King County Surface Water Design Manual. King County revised their manual in 2005 and again in 2009 to gain equivalency from DOE. A detailed review of the new manual and current City codes will need to be conducted by professionals familiar with the manual. Staff recommends that a consultant firm familiar with this manual be used to guide the City through this adoption process. The current Consultant Roster was reviewed and Parametrix, Otak, and R.W. Beck were shortlisted for this effort. City staff evaluated the qualifications of each of these consulting firms and recommends R.W. Beck. R.W. Beck is currently working with the City of Renton on their surface water manual adoption and are familiar with the requirements of manual adoption. The R.W. Beck agreement is for $24,502.00 and the CIP has $20,000 budgeted for the NPDES Program. In addition, the City Council approved a new position to implement NPDES requirements. This position was not filled until June and it is proposed that the money saved by delaying the filling of this position, combined with the money budgeted, be used to fund this contract. RECOMMENDATION The Council is being asked to approve the Consultant Agreement with R.W. Beck in the amount of $24,502.00 for the NPDES Program and consider this item at the July 13, 2009 Committee of the Whole meeting and subsequent July 20, 2009 Regular Meeting. Attachments: Consultant Selection Consultant Agreement W \PW Eng PROJECTS \A- DR Protects \93 -dr10 (NPDES Program) \InfoMemo RW Beck Final doc NPDES SMP Experience Agency Expirence General Ordinance Adoption CONSULTANT SELECTION NPDES Phase II Surface Water Ordinance Adoption Parametrix Project Manager 3 1 1 1 1 Working with Tukwila Program Knowledge 1 3 2 Familiarity with 2009 King County Storm Water Manual 2 2 1 2 Otack RW Beck 2 1 TOTALS 10 10 7 Score consultant 1 to 4, with 1 being highest and 4 being lowest. Lowest score is consultant ranked highest. CONSULTANT AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, herein -after referred to as "the City and R.W. Beck, hereinafter referred to as "the Consultant in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the City to perform Professional services in connection with the project titled NPDES Program. 2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. Time for Performance. Work under this contract shall commence upon the giving of written notice by the City to the Consultant to proceed. The Consultant shall perform all services and provide all work product required pursuant to this Agreement within 60 calendar days from the date written notice is given to proceed, unless an extension of such time is granted in writing by the City. 4. Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $24.502 without express written modification of the Agreement signed by the City. B. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for that portion of the project completed to date. Such vouchers will be checked by the City and, upon approval thereof, payment shall be made to the Consultant in the amount approved. C. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. D. Payment is provided in this section shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. E. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and state for a period of three (3) years after final payments. Copies shall be made available upon request. 5. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies; of drawings and specifications for information, reference and use in connection with the Consultant's endeavors. The Consultant shall not be responsible for any use of the said documents, drawings, specifications or other materials by the City on any project other than the project specified in this Agreement. 6. Compliance with Laws. The Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services to be rendered under this Agreement. 7. Indemnification. The Consultant shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of the Consultant, its officers, agents and employees, in performing the work required by this Agreement. With respect to the perform- ance of this Agreement and as to claims against the City, its officers, agents and employees, the Consultant expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Consultant. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Consultant, its officers, agents and employees. 8. Insurance. The Consultant shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance, with a minimum coverage of $500,000 per occurrence and $1,000,000 aggregate for personal injury; and $500,000 per occurrence/ aggregate for property damage, and professional liability insurance in the amount of $1,000,000. Said general liability policy shall name the City of Tukwila as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this Agreement. 9. Independent Contractor. The Consultant and the City agree that the Consultant is an inde- pendent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither the Consultant nor any employee of the Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. 10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the City shall have the right to annul this contract without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 12. Assignment. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 13. Non- Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 14. Termination. A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Consultant. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. 15. Attorneys Fees and Costs. In the event either party shall bring suit against the other to enforce any provision of this Agreement, the prevailing party in such suit shall be entitled to recover its costs, including reasonable attorney's fees, incurred in such suit from the losing party. 16. Notices. Notices to the City of Tukwila shall be sent to the following address: Mayor City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: Mike Giseburt, P.E. R.W. Beck, Inc. 1001 4 Avenue, Suite #2500 Seattle, Washington 98154 -1004 17. Integrated Agreement. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. This Agreement may be amended only by written instrument signed by both the City and the Consultant. DATED this day of 20 CITY OF TUKWILA CONSULTANT Attest/Authenticated: Approved as to Form: By: Printed Name: Michael Giseburt Title: Senior Director City Clerk Office of the City Attorney Introduction/Purpose City of Tukwila NPDES Program Drainage Design Manual June 10, 2009 The purpose of this contract is to assist the City in updating City Ordinances and its Development Guidelines and Design and Construction Standards to adopt 2009 KCSWDM with modifications such that it both meets NPDES Phase II permit requirements and is tailored to meet the needs of the City. The City contemplates doing this in two phases. The first phase involves an initial effort to develop an ordinance that adopts the KCSWDM with amendments by Ecology's August 15 deadline. Due to schedule constraints, this effort will focus on doing what's necessary to adopt the manual and include amendments such that it will be deemed equivalent to Ecology's manual. The second phase will primarily be done after the August 15 deadline. This phase will include development changes to the City's Development Guidelines and Construction Standards that also amend the KCSWDM. During this phase, more emphasis will be placed on tailoring the amendments to meet the specific needs of the City of Tukwila. Phase 1 includes tasks 1 through 4. These tasks are well defined and a specific budget is established. The effort associated with Phase 2, Tasks 5 and 6 are less defined at this time and will be understood more clearly after the completion of Phase 1. Consequently these tasks are identified as "optional tasks" and not contracted at this time. Note that if the August deadline is extended by Ecology, it may affect the approach for the work would likely change and the scope of work and project schedule will be revisited. Task 1 Review Citv's Current Annroach Task 2 Strateeize Kev Decision Points EXHIBIT A SCOPE OF WORK The Consultant will perform a high -level review of City ordinances and Design and Construction Manual to gain an understanding of the City's codes, standards, and development review process. To facilitate this understanding the Consultant will meet once with the City and review this information. The City has decided to adopt the 2009 KCSWDM with amendments to meet equivalency. In doing so there are several decisions that must be made. Under this task, the Consultant will help identify and frame these decisions so that the existing City's ordinance can be modified and reference amendments to the KCSWM such that the minimum technical requirements of the Phase 2 permit can be satisfied. Page 1 June 17, 2009 Most of these decisions will be made during two planned strategy sessions involving key City staff involved in development review, establishing drainage control standards, and city ordinance management. To facilitate the discussion, the Consultant will send a draft list of key decision point/issues for consideration in advance of the first strategy session. An example of the types of decisions to be reviewed and discussed is included as Exhibit A -1. An element of the decision making process will be to identify which changes /modification to the KCSWDM should be made during Phase 1 for the August 15` deadline versus the second phase of this effort. In some instances, the City may request that additional technical analysis or investigation be completed in order to fully make a decision. Examples could include mapping and preparing of issue papers that evaluate the impacts of different decisions. Such additional technical analysis would be completed under Optional Task 5. Task 3 Identify Additional Changes to meet full Eauivalencv Ecology's has developed general guidance that says Phase II jurisdictions that adopt the 2009 KCSWDM must assess other program elements to meet equivalency. Some of these include: o Application of construction erosion controls to all sites (compare City code with KCC 16.82.095) o Apply soil quality and depth BMP for per 16.82 (clearly adopt reference section 4 -A under MR #5) o Compare KC (21A.24) and Tukwila ordinances for protection of wetlands (or possibly more simply include Appendix Minimum Requirement #8 language in City code) o Decide if City wants a rural treatment and flow control exemption and, if so, compare clearing grading/setback requirements in clearing and grading 16.82 and buffer requirements in 21A.24 Working together with the City staff, the product of this task will include suggested wording (draft) for the drainage ordinance that adopts the manual with amendments; meets the minimum requirements of the permit and allows for subsequent adjustments to the application of the manual through revisions to the City's Design and Construction Manual. The City will"take the lead in advancing the draft language to final form, which may include legal review. Task 4 Proiect Management Page 2 June 17, 2009 This task represents the labor and expenses associated with scheduling, coordination, and quality control services for work. The Consultant will provide management measures including: Monthly invoicing. Maintenance of project files. Phone call and e-mail contact with the City. Task 5 Changes to Development Guidelines and Design and Construction Standards (Optional Task) This task assumes the City chooses to use the Development Guidelines and Design and Construction Standards (Construction Standards) this as primary vehicle for amending and applying the KCSWDM so that its is tailored to meet the needs of the City. The Consultant will expand on the decisions made in Task 2 and 3 and develop draft revisions to the Construction Standards. This task will include two meetings with the City to discuss the draft and subsequently prepare a final draft of the revised Construction Standards. The Consultant will incorporate any comments on the final draft and prepare a final version. Task 6 Additional Investieation /Assessment Optional Task) This Optional Task can be used if authorized by the City to conduct additional analyses to assess and make recommendations for key decisions where requested by City identified under Task 3. This could include technical assessment, cost assessment, preparation of issue papers, coordination with Ecology, mapping, etc. Page 3 June 17, 2009 TABLE A Example Draft List of Key Decision Points 1) Vehicle for adoption. At this time, we suggest updating ordinance and make changes to Development Guidelines and Design and Construction Standards Section 5 that amend the 09 KCSWDM. 2) Where to Apply 40% Rule (what is available and needed to document that this is appropriate) 3) Whether to apply other flow control standards 4) Should the City apply the minimum requirements of the permit to projects smaller than the 1 -accre regulatory threshold? 5) Should City Exceed Ecology's Minimum standards where they are exceeded by King County's. Some examples include: a. 0.1 cfs flow control exemption (KC basis predevelopment on forested compared to Ecology's existing condition) b. Referencing a "date stamp" of 1/08/01 and requiring mitigation for any new pavement that was not previously mitigated. c. Direct discharge distance threshold of 0.25 miles d. Large Drainage Project Review (not req'd in Ecology) e. Problem mitigation for known water quality problems 6) To what extent should ordinance updates incorporate language on minimum requirements and thresholds 7) What does the City want to adopt for LID requirements (requirements differ between the KCSWDM (Phase 1) and Phase 2 jurisdictions. 8) To make the City's program fully equivalent (as described in Task 3 above), decide if these relevant changes should be make in City ordinances or in the Development Guidelines and Design and Construction Standards 9) Identify other desired changes from KCSWDM that are appropriate for the City. Some of these are already in the Development Guidelines and Design and Construction Standards, but the City is likely aware of others based on past /recent review of development. Page 4 June 17, 2009 City of Tukwila NPDES Program Drainage Design Manual Project Budget Task Summary Payment for the work, including labor, materials and expenses actually provided by the Consultant shall be made as shown hereon, provided that the total amount of payment to the Consultant shall not exceed $24,502 without express written modification of the Agreement signed by the City. Task No. Task 1.00 Review City's Current Approach 2.00 Strategize Key Decision Points 3.00 Iden'fy Additional Changes to Meet Req.; 4.00 Project Management 5.00 Changes to Construction Standards 6.00 Additional investigations GRAND TOTALS 1 Hours ContlAdmin N R.W. Beck Subcontractor R.W. Beck Labor Labor Labor Revenue Charges, including Contingency +Admin General Travel Subcontractor Expenses Expenses Charges 18.0 0.0 $2,799 $80 $40 68.0 0.0 $10,584 $310 $80 52.0 0.0 $7,936 $230 $0 18.0 0.0 $2,379 $65 $0 0.0 0.0 $0 $0 $0 0.0 0.0 $0 $0 $0 1 156.0 0.0 M $23,697 $685 $120 EXHIBIT B BUDGET Page 1 of 2 (Subtotal All Expenses) $0 $120 $0 $390 $0 $230 $0 $65 $0 $0 $0 $0 $0 $0 $805I Total Charges $2,919 $10,974 $8,166 $2,444 $0 $0 $0 $24,502 City of Tukwila NPDES Program Drainage Design Manual Labor Revenue Summary 1 Enter names and rates from left to right Select Name, Class, Nelson, Ralph Giseburt, Featherstone, Mclellan, Tracie Mcintyre, Susan OR David Michael S. John Lucas Lynn Elizabeth Sr. Project Financial Classification° Manager Project Manager Project Engineer Assistant Project Assistant Default Rate $230.27 1 $191.52 1 $100.75 1 $89.99 j $76.73 1 I $0.00 Manual Rate! 1 1 1 1 1 Task Default or Manual! Default 1 Default 1 Default 1 Default 1 Default 1 Default No. Task Effective Labor Ratel $230.27 1 $191.52 j $100.75 j $89.99 1 $76.73 j $0.00 1.00 Review City's Current Approach 2.0 8.0 8.0 2.00 Strateg¢e Key Decision Points 12.0 24.0 32.0 3.00 Idenify Additional Changes to Meet Req.s 4.0 24.0 24.0 4.00 Project Management 8.0 6.0 4.0 5.00 Changes to Constructiori:Standards 6.00 Additional lnvestigations Total Hours 18.0 64.0 64.0 6.0 4.0 0.0 Total Revenues $4,145 $12,257 $6,448 $540 $307 EXHIBIT B BUDGET Page 2 of 2 Task Totals Hours Revenues 18.0 $2,799 68.0 $10,584 52.0 $7,936 18.0 $2,379 0.0 $0 0.0 $0 0.0 $0 156.0 $23,697 Utilities Committee Minutes June 23. 2009 Pace 2 Additionally, Committee members requested a color copy of the map which was utilized at the Committee meeting be distributed to full Council in the July 6 Regular Meeting Agenda Packet. UNANIMOUS APPROVAL. FORWARD TO JULY 6 REGULAR MEETING FOR DISCUSSION. C. NPDES Program Consultant Selection and Agreement Staff is seeking full Council approval of a consultant agreement with R.W. Beck in the amount of $24,502 for assistance in adopting a new surface water storm design manual and supporting documents in order to be in compliance with National Pollutant Discharge Elimination System (NPDES) Phase II Stormwater requirements. Per NPDES requirements, the City must adopt a stormwater manual which is equivalent to the 2005 Department of Ecology's Surface Water Design Manual by February 15, 2010. A six -month extension was granted to all cities from the original due date of August 15, 2009. R.W. Beck, chosen from the City's current Consultant Roster, will perform professional services to assist the City in updating relative ordinances, development guidelines, and design and construction standards to adopt the 2009 King County Surface Water Design Manual with modifications as the City's own manual. This is anticipated to be a lengthy and detailed process. Although this item is slightly under the Council approval threshold of $25,000, staff opted to bring the item forward for approval since any contract changes or supplemental agreements could push the contract over the approval threshold. Committee members noted that this requirement is an unfunded mandate. UNANIMOUS APPROVAL. FORWARD TO JULY 13 COW FOR DISCUSSION. D. Ordinance Amending TMC Chanter 14 Sewer Discharge of Fats, Oils and Greases Staff is seeking full Council approval to amend and update the Tukwila Municipal Code (Chapter 14) relative to the unlawful discharge of fats, oils and greases into the City's sanitary sewer system. Major changes outlined in the draft ordinance include: an increased emphasis on grease, addition of an enforcement section and interceptors, and definitions of fats, oils and greases. It is anticipated that these changes will decrease the maintenance needed to keep City sewer pipelines clear as well as reduce grease levels in the Central Business District. Staff noted that an updated copy of draft ordinance reflecting all changes, via strikeout and underlining, will be included in the July 13 COW agenda packet. UNANIMOUS APPROVAL. FORWARD TO JULY 13 COW FOR DISCUSSION. E. 2008 Drinking Water Oualitv Renort Staff reviewed information included in the Drinking Water Annual Quality Report for 2008. The City is required by the Department of Health to make this information available. This information will be distributed to the community as an insert in the water bills. Additionally, this information will be distributed to multi family complexes and businesses who may not receive individual water bills. INFORMATION ONLY. F. AT &T Franchise Agreement Renewal Ordinance No. 2128 Staff is seeking full Council approval of an ordinance renewing the City's franchise agreement with AT &T Corporation.