HomeMy WebLinkAboutUtilities 2009-06-23 Item 3C - Agreement - NPDES Program Consultant with RW BeckCity of Tukwila
To: Mayor Haggerton
Utilities Committee
From: Public Works Director yr/
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'+- DR Projects \93 -dr10 (NPDES Program) \InfoMemo RW Beck Final doc
Project Manager
NPDES SMP
Experience
Agency Expirence
General
Ordinance Adoption
CONSULTANT SELECTION
NPDES Phase II Surface Water Ordinance Adoption
Parametrix
3
1
1
Otack RW Beck
1 1
1 1
1 1
Working with Tukwila
Program Knowledge 1 3 2
Familiarity with 2009 King County
Storm Water Manual 2 2 1
2
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:
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
Mayor
Attest /Authenticated: Approved as to Form:
By: d
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 Chances 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 Project 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 Chanzes 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 Investigation /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
EXHIBIT B BUDGET
City of Tukwila Page 1 of 2
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 Idenify Additional Changes to Meet Req.:
4.00 Project Management
5.00 Changes to Construction Standards
6.00 Additional Investigations
GRAND TOTALS
Hours ContlAdmin
R.W. Beck Subcontractor
Labor Labor
18.0
68.0
52.0
18.0
0.0
0.0
156.0
R.W. Beck
Labor Revenue
0.0 $2,799
0.0 $10,584
0.0 $7,936
0.0 $2,379
0.0 $0
0.0 $0
0.0 N $23,697
Charges, including Contingency +Admin
General Travel Subcontractor
Expenses Expenses Charges
$80
$310
$230
$65
$0
$0
$40
$80
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$685 $120 1 $0 1
(Subtotal
All Expenses)
$120
$390
$230
$65
$0
$0
$0
$805 j
Total
Charges
$2,919
$10,974
$8,166
$2,444
$0
$0
$0
$24,502 •I
City of Tukwila
NPDES Program Drainage Design Manual
Labor Revenue Summary
Total Hours
Total Revenues
Select Name, Class, Nelson, Ralph
David
Sr. Project
Manager
$230.27 1
Default I
$230.27 1
2.0
12.0
4.0
OP
Classification°
Default Rate I
Manual Ratel
Task Default or Manuall
No. Task Effective Labor Ratel
1.00 Review City's Current Approach
2.00 Strategize Key Decision Points
3.00 Ideniify Additional Changes to Meet Req.s
4.00 Project Management
5.00 Changes to Constructioh.Standards
6.00 Additional Investigations
18.0
Enter names and rates from left to right
Giseburt, Featherstone, Mclellan, Tracie McIntyre, Susan
Michael S. John Lucas Lynn Elizabeth
Financial
Project Manager Project Engineer Assistant Project Assistant
$191.52 1
Default 1
$191.52 1
8.0
24.0
24.0
8.0
$100.75 I
Default 1
$100.75 1
8.0
32.0
24.0
64.0 64.0
$89.99 I
Default I
$89.99 1
$4,145 $12,257 $6,448 $540 $307
EXHIBIT B BUDGET
Page 2 of 2
$76.731 $0.00
Default 1 Default
$76.73 1 $0.00 Hours
18.0
68.0
52.0
6.0 4.0 18.0
0.0
0.0
0.0
6.0 4.0 0.0 156.0
Task Totals
Revenues
$2,799
$10,584
$7,936
$2,379
$0
$0
$0
$23,697