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HomeMy WebLinkAboutTrans 2015-12-07 Item 2E - Agreement - NPDES Phase II: Low Impact Development Gap Analysis Consultant with Otak IncCity of Tukwila Jim Haggetton, Mayor TO: Mayor Haggerton Transportation Committee FROM: Bob Giberson, P.E., Public Works Director BY: Greg Villanueva, NPDES Coordinator DATE: December 4, 2015 SUBJECT: NPDES Phase 11 - Low Impact Development (LID) Gap Analysis Project No. 99341210 Consultant Recommendation and Agreement ISSUE Approve Otak, Inc. to perform Low Impact Development (LID) Gap Analysis and Implementation for the National Pollutant Discharge Elimination System (NPDES) Phase 11 Permit. 22REMOM The City's NPDES Phase 11 permit requires that the City review, revise, and make effective their local development - related codes, rules, standards, or other enforceable documents to incorporate and require LID principles and LID Best Management Practices no later than December 31, 2016. ANALYSIS To meet the NPDES Phase 11 Permit requirements, the City of Tukwila short listed four consulting firms from the current MRSC Consultant Roster to assist the City with an LID gap analysis and implementation project. The following three consultants responded with a statement of qualification and were then interviewed: 1) SvR, Seattle, WA 2) Maul Foster Alongi, Vancouver, WA 3) Otak, Redmond WA Otak, was selected and is recommended for the contract as they are currently performing similar work for other cities and were highly recommended. FINANCIAL IMPACT The LID Gap Analysis consultant agreement is for $59,006, of which $50,000 will be funded by a Dept of Ecology Water Quality Stormwater Capacity Grant. The Stormwater Capacity Grant has no City match and the remaining balance will be funded from the NPDES budget. RECOMMENDATION Council is being asked to approve a consultant agreement with Otak, Inc. the amount of $59,006 for the NPDES Phase 11 Permit's LID Gap Analysis and Implementation and consider this item on the Consent Agenda at the December 14, 2015 Special Meeting. Attachments: Consultant Selection Matrix Otak, Inc. Consultant Agreement W:\PW EngTROJECT&A- DR Projects\NPDES Program (99341210)\2015 2017 Capacity Grant\Otak LID Gap Analysis\lnfo Memo Otak LID Gap Analysis 12.04-15 g1sb.doc, 41 2015 LID GAP ANALYSIS CONSULTANTS O� e�P 5� /co e ;l Sao UNDERSTANDING OF PROJECT OBJECTIVES 1 2 3 APPROACH TO MEETING PROJECT OBJECTIVES 1 1 3 KNOWLEDGE /EXPERIENCE WITH LID 1 1 3 KNOWLEDGE /EXPERIENCE WITH DOE SMMWW AND KING COUNTY SWDM 2 1 3 KNOWLEDGE AND EXPERIENCE WITH MUNICIPAL CODES AND STANDARDS 1 2 3 PROJECT MANAGER AND TEAM MEMBERS 1 2 3 ENVIRONMENTAL PLANNING & PERMITTING EXPERIENCE 2 1 3 EXPERIENCE, PERFORMANCE & REFERENCES ON SIMILAR PROJECTS 1 2 3 ABILITY TO MEET SCHEDULE 1 1 1 Totals 11 13 25 Ranking 1 1 2 1 3 SCORING SHOULD RANGE FROM 1 (LOWEST RANKING) TO 3 (HIGHEST RANKING). 04 CONSULTANT AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City ", and Otak, Inc., hereinafter referred to as "the Consultant ", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Proiect Designation. The Consultant is retained by the City to perform services in connection with the project titled Low Impact Development Gap Analysis and Implementation. 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. Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending December 31, 2016 unless sooner terminated under the provisions hereinafter specified. Work under this Agreement shall commence upon 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 no later than December 31, 2016 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 $59,006.00 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 as 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 the state of Washington for a period of three (3) years after final payments. Copies shall be made available upon request. 43 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 rendered under this Agreement. 7. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 8. Insurance. The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. Consultant's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the types and with the limits described below: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile Liability insurance shall cover all owned, non - owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 44 2. Commercial General Liability insurance with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. Professional Liability insurance shall be appropriate to the Consultant's profession. B. Other Insurance Provision. The Consultant's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any Insurance, self - insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not be contributed or combined with it. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A :VII. D. Verification of Coverage. Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. Certificates of coverage and endorsements as required by this section shall be delivered to the City within fifteen (15) days of execution of this Agreement. E. Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. F. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Consultant to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. 9. Independent Contractor. The Consultant and the City agree that the Consultant is an independent 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. El 11 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, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation or the presence of any disability 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. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the Consultant shall at all times comply with, all applicable federal, state and local laws, regulations, and rules, including the provisions of the City of Tukwila Municipal Code and ordinances of the City of Tukwila. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. Venue for any action arising from or related to this Agreement shall be exclusively in King County Superior Court. 16. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. «y 17. 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: 18. Entire Agreement; Modification. 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. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. DATED this day of 120 CITY OF TUKWILA CONSULTANT Mayor, Allan Ekberg Attest/Authenticated: City Clerk, Christy O' Flaherty Printed Name: Title: Approved as to Form: Office of the City Attorney EfA Exhibit A City of Tukwila LID Gap Analysis and Code Update Otak Project Number 32634 November 13, 2015 Project Understanding The City of Tukwila is subject to requirements of the National Pollutant Discharge Elimination Systems (NPDES) Western Washington Phase II Municipal Stormwater Permit (permit), issued by Washington Department of Ecology (Ecology). The current permit requires the City to update its development codes and standards by 2017 to make low impact development (LID) the preferred and commonly used approach to site development. The required process for meeting the objective of making LID the preferred and commonly used approach to site development is described in detail in Integrating LID into Local Codes: A Guidebook for Local Governments, which is referenced by the permit. This process entails significant municipal staff involvement. This scope of work describes a collaborative effort between Otak and various City staff to achieve the requirements of the permit. Generally, Otak plans, leads, coordinates, participates in, and creates final deliverables for tasks. City staff participates by using their unique knowledge of local land development standards and practices to give feedback on Otak's findings, recommendations, and drafts. The permit- required deadline for updating the City's codes and practices is December 31, 2016. Task 1: Project Management Otak will plan, manage, and execute the tasks described in this scope of work in accordance with the schedule, budget, and quality expectations that are established. Otak will coordinate regular meetings with the City's project manager and will document decisions and action items as they arise. Deliverables Coordinate bi- weekly meetings Submit monthly progress reports with billings Assumptions • Bi- weekly meetings are 30 minutes Task 2: LID Gap Analysis Otak will review the City of Tukwila's codes, rules, and standards to identify opportunities to incorporate LID principles into the City's development codes and standards. Three principles called out by the City's municipal stormwater permit are: Minimize creation of impervious surfaces Minimize loss of native vegetation W:APW Eng \PROJECTS \A - DR Projects \NPDES Program (99341210) \2015 2017 Capacity Grant \Otok LID Gap Analysis \Otnk Consultant Agreement- 48 Exhibit A.docx Scope of Work Continued • Minimize stormwater runoff The gap analysis will review: • City of Tukwila Public Works Infrastructure Design and Construction Standards • City of Tukwila Comprehensive Plan • Tukwila Municipal Code, Title 9, Vehicles and Traffic • Tukwila Municipal Code, Title 11, Right -of -Way Use • Tukwila Municipal Code, Title 14, Water and Sewers • Tukwila Municipal Code, Title 17, Subdivision and Plats • Tukwila Municipal Code, Title 18, Zoning Otak's analysis will use resources provided in the Department of Ecology's Low Impact Development Code Integration Toolkit, which was developed specifically for this purpose. For example, the toolkit describes 12 topic areas that may play a role in creation of impervious surfaces and loss of native vegetation in local jurisdictions' development codes. These include, among others, site planning and assessment, landscaping, parking, and maintenance. Otak will ensure each topic is addressed in the gap analysis. In this step, no updates are proposed. Otak's analysis and findings will be further examined and used as the base of information for completing the project. Deliverables • Gap Analysis Task 3: Gap Review and Opportunity Selection The Gap Analysis may identify hundreds of opportunities for updating City development codes and engineering standards to incorporate LID. Otak will need City staff feedback to narrow down the list of potential updates and approval from City leaders before beginning to draft the updates. Task 3.1: City Staff Training and Kickoff The guidebook emphasizes the importance of City staff participation from various disciplines. Representatives from key departments with responsibilities for setting and enforcing the City's land use, engineering, public safety, and critical areas policies will be selected for participation in the LID code review process. To bring the team and leaders to a common level of understanding of the principles of LID and to initiate the review of the Gap Analysis, Otak will host an introduction and kickoff meeting including team members and leadership. Deliverables • Half -day introduction and kickoff Task 3.2: Gap Review Otak expects the Gap Analysis to identify potentially hundreds of opportunities for incorporating LID principles. The analysis will be divided for team review, which will bring multiple perspectives and specific local knowledge. Team members will closely review targeted portions of the Gap Analysis, selected based on each team member's subject C1*] Scope of Work Continued matter expertise. To facilitate review of specific topics, additional readings are recommended. Deliverables List of additional readings and videos for subject matter experts Updated Gap Analysis Assumptions • One meeting with the whole team will be needed Task 3.3: Recommendation and Approval Based on team feedback on the Gap Analysis, Otak will narrow down the list of topics or codes to update. In this step, no changes will be proposed. Otak will prioritize opportunities and focus on those topics or code titles that best meet the City's objectives. Otak will produce a LID Code Update Findings Report, summarizing the Gap Analysis, recommending updates, and developing initial concepts recommendation for review and approval by City leaders. Community Development and Public Works department directors and others will consider Otak's recommendation and will approve topics or areas for update in the next task. Deliverables • LID Code Update Findings Report Task 4: Development Code and Standards Update Otak planners will draft updates of the City's codes and standards to incorporate LID principles. Otak engineers will draft or update standard plans or details, as necessary. City staff will continue to be involved as reviewers. The extent of this task is dependent on the results of the gap analysis and prioritization and selection process above. Deliverables • Draft and final development codes • Draft and final engineering drawings /illustrations Assumptions The extent of this task is dependent on the results of the Gap Analysis and prioritization process in Step 3. For the purposes of the scope of work, we assume: Update to 5 code titles or chapters, or agreed equivalent, where one title /chapter is approximately 30 -50 pages (i.e. updates to approximately 250 pages of original material) 5 new or updated engineering drawings or illustrations, such as standard plans or details Task 5: Adoption This task will include briefing elected officials on LID, presenting proposed revisions, and following the formal adoption process. Scope of Work Continued Our scope includes presentations at several Council Committee meetings, including Transportation Committee, Community Affairs and Parks Committee, and Utilities Committee, as well as Planning Commission and a public hearing at City Council. Deliverables • One presentation for City Council Committee meetings, Planning Commission, and the full City Council • Attendance at up to 3 committee meetings • Attendance at a Planning Commission work shop • Attendance at a City Council hearing Task 6: Public Outreach Support To encourage community support, Otak recommends the City engage in moderate public outreach using existing channels of communication and engagement with City residents, landowners, and business communities. Otak will support public outreach efforts by developing two brief outreach pieces. Brief outreach pieces may include a one -page brochure, a newsletter article, one poster board, or similar item. Deliverables • Two brief outreach pieces Task 7: Summary The City's municipal stormwater permit requires a summary of the process to be submitted with the City's 2016 NPDES Annual Report (due March 2017). Otak will prepare a summary report of the process for submittal. The summary will include a list of participants; Tukwila's codes, rules and standards reviewed; and a description of the revisions made to incorporate LID principles. It will be organized to describe: • Measures to minimize impervious surfaces • Measures to minimize loss of native vegetation • Other measures to minimize stormwater runoff Contingency - Task 8: Implementation Otak recommends the City develop support tools for staff that will be reviewing and enforcing new requirements. Implementation includes all those tasks necessary to prepare City staff for new codes and standards. Should the City wish to expand the scope of this contract to include implementation, Otak will assist City departments in developing tools for accepting, reviewing, permitting, inspecting, and maintaining development proposals and public improvements using new codes and standards. Preparation topics could include: • Updated site plan submittal requirements • New required site assessments and reports • Updated road standards • New types of stormwater facilities • More flexible review and engineering requirements :1I Scope of Work Continued • Additional inspection requirements • Updated maintenance standards Otak will work with Community Development and Public Works review staff to develop tools such as procedures, flow charts, checklists, maps, and cheat sheets for accepting and reviewing land use and development proposals. M Exhibit B City of Tukwila LID Gap Analysis and Code Update Otak, Inc. Otak Project # 32634 Kaela Task Description PM /Sr. Civil Stormwater Planner Environmental Planner Engineering Designer Project Admin Asst Total Hours Total Budget by Task 1 Project Management 24 16 8 48 $6,480 2 LID Gap Analysis 4 84 32 16 136 $12,396 3 Gap Review and Opportunity Selection 4 44 16 8 72 $6,748 4 Development Code and Standards Update 4 100 60 50 214 $19,390 5 Adoption 8 16 32 56 $6,016 6 Public Outreach Support 4 4 32 40 $4,236 7 Summary 2 16 18 $1,740 Contingency Task 8 Implementation (Not included in Total below) 8 56 32 96 $9,416 Total Hours 50 280 172 74 8 584 $57,006 $2, 000 $59,006 Billing Rate $190.00 $85.00 $98.00 $85.00 $70.00 Total Labor Cost $9,500 $23,800 $16,856 $6,290 $560 Direct Expenses Project Total