HomeMy WebLinkAbout19-145 - Otak Inc - NPDES Permit 2019-2024 Compliance SupportCity of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
19-145
Contract Number: Council Approval N/A
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 NPDES Permit 2019-2024 Compliance Support
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 31,2020
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, 2020 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 $21,620.00 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.
5. Ownership and Use of Documents. All doounmen1s, drawings, specifications and Other
Dla0ed8|s 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
copien, of drawings and specifications for infnrrnot[on, reference and use in connection with
the Consultant's endeavors. The Consultant shall not beresponsible for any use Ofthe said
d0CUDlaDtS. d[8vvDgs. specifications orother materials by the City on any project other than
the project specified iDthis Agreement.
G. Compliance with Laws. The Consultant shoH, in performing the een/ioeo contemplated by
this Agreement, faithfully observe and comply with, all federal, state, and local |avvs,
ordinances and regulations, applicable ho the services rendered under this Agreement.
T. Indemnification. The Consultant 8hG|| defend, indemnify and hold the Citv, its offioera,
officia|s, employees and volunteers hG[[n|eSs from any and all c|ainno, injuries, damages,
|oaeeo or suits including attorney feen, arising out of or resulting from the acts, errors Or
0nniaai0OS of the Consultant in performance of this Agreement, except for injuries and
damages caused bythe sole negligence of the City.
Should a court of competent jurisdiction determine that this /\onee[DeDt is subject to RCVV
4.24.115, theD, in the event ofliability for damages arising out Vfbodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the
Consultant and the City, its officers, officials, enlpU0yees. 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
C0nsU|b@Ut'S waiver of immunity under Industrial |neumamca. Tide 51 F|CVV, solely for the
purposes of this indemnification, This vxGiVe[ has been rnUtuo||y negotiated by the parties.
The provisions Vfthis section shall survive the expiration 0rtermination Ofthis Agreement.
B. Insurance. The Consultant shall p[0CWFe and maintain for the duration nfthe Agreement,
insurance against claims for injuries to persons or damage to propertyvYhich may arise from
or in connection with the pedb[n1@nCe of the work hereunder by the Conau|tan1, its aQents,
representatives, or employees. Consultant's maintenance 0finsurance me required by the
agreement shall not be construed to |irni1 the liability of the Consultant to the coverage
provided by such insurance, or otherwise limit the City's recourse toany remedy available at
law orin equity.
A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the
types and with the limits described below:
1. Automobile Liability iOSur@OC8 with @ noinin0Unl combined single limit for bodily
injury and property damage of $1.800.000 per accident. Automobile Liability
insurance shall cover all QvVned. R0O-OVYned, hired and leased vehicles.
Coverage ohm|| be written on Insurance Services Office (ISO) form CAO0 01 or
substitute form providing equivalent liability coverage. If necessary. the policy
shall beendorsed toprovide contractual liability coverage,
2. Commercial General Liability insurance with |inO|t8 no less than $1,000,800 each
occurrence, $2.000.000 g*mona| aggregate. Commercial General Liability
insurance ohm|| be written on |8O occurrence form CG 00 01 and shall cover
liability arising from pnennises, operaUVOm, independent contractors and personal
injury and advertising injury. The City ohm|| be named as an insured under the
Consultant's Curnrneroia| General Liability insurance policy with respect to the
work perfornned hJrthe City.
3 Workers' Compensation coverage as required by the Industrial Insurance |ovxg of
the State ofWashington.
CArevised: 1-2O13
4. Professional Liability with limits no |eaS than $1.000,000 per deion and
$1.000.000 policy aggregate limit. PFofeGSkJO@| Liability insurance shall be
appropriate tothe Consultant's profession.
B. Other Insurance Provision. The Consultant's Automobile Liability and C0nO0anoi@|
General Liability insurance policies are to contain, or be endorsed to contain that they
Sh@|| be primary insurance with respectto the City. Any |nsurance, self-insurance, or
insurance pool coverage Rlo|n1o|nmd by the City shall be emcaam of the Consultant's
insurance and shall not be contributed urcombined with it.
C. Acceptability of Insurers. |OsU[GBce is to be placed with insurers with a current A.M.
Best rating 0fnot less than A:VI|.
D. Verification ofCoverage. Consultant shall furnish the City with original certificates and
m copy ofthe amendatory endonaennenta, 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 ofexecution ufthis Agreement.
E. Notice of Cancellation. The Consultant shall provide the City with written notice ofany
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 oho|| constitute @ material breach of contract, upon which the City
may, after giving: five business days notice to the Consultant to correct the bnaeoh'
immediately terminate the contract or, at its discretion, procure orrenew 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 Vfthe {}ity, 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 tothis Agreement.
Nothing in this Agreement aho|| 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 mrfor contributing to the state
industrial insurance prugramn, otherwise assuming the duties ofam employer with respect to
the Consultant, urany employee ofthe Consultant.
10. Covenant Aqahn$KCuxntUmcilentFees. The Consultant warrants that hehas not employed mr
retained any CORmD@ny Or peraon, other than a bonafide employee working solely for the
Conmu|tant, to solicit or secure this contract, and that he has not paid or agreed to pay any
CO0pGDy or penS0D, other than a b0ORfide employee working solely for the CoOsu|1ant, any
fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent
upon or [GGUN|OQ from the Gvv@[d or making of this contract. For breach or violation of this
vvarn*mt. the City ohmH 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 Consu|tant, with regard tothe work performed bVilunder
this /\oneenlent, will not discriminate on the grounds of naoe, re|igion, craed, on\Or, national
origin, age, veteran status, sex' sexual orientation, gender identity, nnmhtm| status, political
affiliation or the presence of any disability in the selection and retention of employees or
procurement of rDG1eh8|s or supplies.
CA revised :1-2O13
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.
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:
Otak, Inc.
11241 Willows Rd. NE Suite 200
Redmond, WA 98052
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.
CA revised : 1-2013
Page 4
n
DATED this 01--, day of 0 C*-0VD.E-C
CITY OF TUKWILA
Allan Ekb
yor
Attest/Authenticated:
City €erk, Christy O'Flaherty
CONSULTANT
By:
, 20
Printed Name7.1-iiS'-fft_ M K.ObILLSKit
Title: NYU-Or Si'Onriv\ifd-Cr plain-er
Approved as to Form:
(LOLL
Office of the City Attorney
CA revised : 1-2013
Page 5
Attachment A
Otak
City of Tukwila
NPDES Permit 2019-2024 Compliance Support
Scope of Work
August 14, 2019
Project Understanding
City of Tukwila (City) is authorized to discharge stormwater runoff to surface waters of the state by the
Washington Department of Ecology (Ecology) under the western Washington Phase II municipal
stormwater permit. Ecology has reissued the permit, effective August 1, 2019 through July 31, 2024.
The City has requested Otak's assistance in preparing to comply with the 2019-2024 Phase II permit.
Scope of Work
Task 1: Project Management
The purpose of this task is to manage the project within the scope and budget as agreed.
Consultant shall:
a. Hold a 30-minute project coordination meeting with the City's Project Manager twice per month
b. Send a monthly billing
Deliverables
• Meeting summaries and action items by email
• Monthly invoices
Assumptions
• Project duration is five months
Task 2: Compliance Planning
The purpose of this task is to compare the City's current Stormwater Management Program Plan and
supporting documents with the 2019-2024 Phase II Permit and look for potential gaps in compliance,
particularly focusing on the following permit conditions that are new or have changed:
• S5.C.1, Stormwater Planning
• S5.C.4, MS4 Mapping and Documentation
• S5.C.6, Controlling Runoff from New Development, Redevelopment, and Construction Sites
(including Appendices 1 and 10)
• S5.C.8, Source Control for Existing Development
Consultant shall:
a. Prepare a data request for documentation relating to compliance, including GIS data sets
b. Prepare a draft gap analysis and compliance planning memorandum (approximately 10 pages)
including narrative, options for compliance, and a schedule for completing requirements within
permit timelines, including begin dates for tasks
NPIDESPernoit 2O19-2O24Compliance Support
Scope of Work
c Present the draft ino1.5-hourworkshop with selected City staff
d. Update the draft in accordance with comments received at the workshop and in writing
Based on the gap analys,is and options presented, City will determine how to proceed complying with the
2019-2024 permit.
Deliverables,
N Draft gap analysis and compliance planning memorandum
0 1.5-hourworkshop
0 Final gap analysis and compliance planning memorandum
Assumptions
m Previous work by Otak indicated the City was in compliance with the 2013-2018 permit, so the gap
analysis will not provide m detailed review of permit requirements that were unchanged or had minor
changes inthe 2O1A'2O24permit
• UpVo2Oiakstaff will attend the workshop
Task 3: Update SƒoymwaterManagement Program
The purpose ofthis task istoupdate the QbonmwaterManagement Program prior tnthe March 31.202O
permit deadline. The Stormwater Management Program will be reorganized! to follow the new
organization u4permit condition S5.StormwaterManagement Program. |tmay also baupdated bo
improve readability.
Consultant shall:
a. Find examples ofup8ofour Phase Npermit stormwater management programs from other
jurisdictions imWashington
b. Review formatting and design options with the City
c. Reorganize the SVVMPhnfollow the new organization ofpermit condition S5
d. Update content to reflect City's plans to comply with the 2019-2024 permit in 2020
e. Prepare the draft 2O2DSVVMPfor review
f. Prepare the final 2820SVVMP
Deliverables
= Stormwater Management Program, draft and final
Assumptions
m The City's decisions on compliance options (from Task 2) will be the primary information used to
update the technical' content ofthe plan,
• One round ofreview ofthe draft isincluded
• City will consolidate review comments and resolve co,nflicting direction before returning comments to
O%ah
Attachment A, Exhibit A
Otak, Inc.
2019-2020 Billing Rate Schedule, Tukwila
Category
PIC/Sr. PM Architecture
Sr. PM - Architecture
Architect VI
Architect V
Architect iV
Architect III
Architect II
Architect I
Architectural Tech VI
Architectural Tech V
Architectural Tech IV
Architectural Tech III
Architectural Tech II
Architectural Tech I
Project Manager/Design
Sr. Interior Designer
Interior Designer
3D/Visualization Spec II
3DNisualization Spec I
Sr. PIC/Sr. PM Civil - sp
PIC/Sr. PM Civil
Civil Engineer X
Civil Engineer IX
Civil Engineer VIII
Civil Engineer VII
Civil Engineer VI
Civil Engineer V
Civil Engineer IV
Civil Engineer III
Civil Engineer II
Civil Engineer I
Engineering Designer V
Engineering Designer IV
Otak
248.00
200.00
181.00
166.00
145.00
126.00
113.00
101.00
149.00
125.00
101.00
87.00
77.00
68.00
130.00
121.00
101.00
108.00
96.00
199.00
231.00
201.00
184.00
166.00
151.00
141.00
134.00
123.00
109.00
96.00
88.00
119.00
104.00
Page 1 of 4
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2019-2020 Billing Rate Schedule
Category
Engineering Designer III
Engineering Designer U
Engineering Designer |
Engineering Tech VU
Engineering Tech V|
Engineering Tech V
Engineering Tech |V
Engineering Tech III
Engineering Tech ||
Engineering Tech |
PIC/ScCM
Construction Manager V|
Construction Manager V
Construction Manager |V
Construction Manager III
Construction Manager |[
Construction Manager |
Field Representative VU
Field Representative V|
Field Representative V
Field Representative |V
Field Representative III
Field Representative |1
Field Representative |
CNiDocumentation Specialist III
CK4Documentation Specialist U
CM Documentation Specialist I
Sr. PkC/ScPMLA8Ns Pin
P|C/Sr. PMLA/Master Plan
Landscape Architect Vi
Landscape Architect V
Landscape Architect |V
94.00
88�80
79.00
146.00
12G.0O
115.00
93.00
83.00
72,00
64.00
2OUO
189.00
173.00
160.00
145.00
134.00
118.00
160,00
139.00
128.00
105.00
97.00
86.00
80.00
115.00
102.00
90.00
22610
208.0,0
152.QO
133.00
123.00
Page zuf4
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2019-2020 Billing Rate Schedule
Category
Landscape Architect O|
Landscape Architect ||
Landscape Architect |
Landscape Technician III
Landscape Technician ||
Landscape Technician |
P|C/ScPMUrban Design
Urban Designer V
Urban Designer [V
Urban Designer III
Urban Designer C|
Urban Designer |
P|C/ScP[NPlanner
Sr. PM'Planner ||
Sr. P[N-Planner |
Planner III
Planner ||
Planner
Planner Associate, |V
Planner Associate III
Planner Associate U
Planner Associate |
Sr. G|SSpecialist Planner
G|SSpecialist 'Planner
Planning/GIG Intern
Otak
, -.. 0 0 �-.a �' A L
111.00
103,00
91.00
95.00
84.00
70.00
192.00
178.00
160.00
136OO
119.00
104.00
240.00
176.00
162.00
134.00
123.00
97.00
127.00
98.00
86.00
70.00
1O4M
SO-OO
75.00
PIC/Scienst 2�3.00
8ciontictV| 182.80
Scientist 149.00
Scientist IV 130.00
Soienhmt|N 131.00
GciwnMnt|Y 98.00
Scientist 80.00
Environmental Specialist 133.00
Page 3of4
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2019-2020 Billing Rate Schedule
Category
PIC/PL8Sr. Manager
Professional Land Surveyor |V
Professional Land Surveyor III
Professional Land Surveyor ||
Professional Land Surveyor |
Survey Crew Chief III
Survey Crew Chief |8
Survey Crew Chief |
Survey Office Technician |||
Survey Office Technician ||
Survey Office Technician |
Survey Field Technician |||
Survey Field Technician ||
Survey Field Technician |
Special Services Consultant
Contract Administrator
Project Coordinator
Project Admin. Aoot
Graphics Specialist
224.00
158.00
144.00
128.00
121.00
118.00
96.00
89.00
100.00
92.00
83.00
79.00
75.00
66.00
226.00
112.00
114,00
79.00
112,00
Note: Billing Rates are based oncurrent 201Q'2020rates and are
updated annually, inOctober, byapproximately four percent (4.O0%).
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