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HomeMy WebLinkAbout24-174 - Herrera Environmental Consultants, Inc - PCB Evaluation: Stormwater DrainageCity of Tukwila Contract Number: 24-174 Council Approval 11/4/24 N 6200 Southcenter Boulevard, Tukwila WA 98188 PROFESSIONAL SERVICES AGREEMENT (Includes consultants, architects, engineers, accountants, and other professional services) THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City", and _Herrera Environmental Consultants: Inc., hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1.Project Designation. The Consultant is retained the Cit to b perform consultant.., services in connection with the project titled _PCB Evaluation within Stormwater Drainage. 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 July 30, 2025 , 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 July 3012025unless 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 _$421,206_ _ 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 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. 2. Commercial General Liability insurance with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate. Commercial General Liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop -gap independent contractors and personal injury and advertising injury. The City shall be named as an additional insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO endorsement form CG 20 26. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. CA revised May 2020 Page 2 4. Professional Liability, with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. Professional Liability insurance shall be appropriate to the Consultant's profession. B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher insurance limits than the minimums shown above, the Public Entity shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required by this Contract or whether any certificate of insurance furnished to the Public Entity evidences limits of liability lower than those maintained by the Contractor. C. 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. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. 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 Contractor before commencement of the work. Upon request by the City, the Consultant shall furnish certified copies of all required insurance policies, including endorsements, required in this Agreement and evidence of all subcontractors' coverage. F. 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. G. 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. 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. CA revised May 2020 Page 3 11. Discrimination Prohibited. Contractor, 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, the presence of any disability, or any other protected class status under state or federal law, in the selection and retention of employees or procurement of materials or supplies. 12. Assianment. 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: Herrera Environmental Consultants, Inc. 2200 Sixth Ave.. Suite 1100 / Seattle. WA 98121 Attn: Revecca Dugodski 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 May 2020 Page 4 DATED this 14th day of November _,2024 CITY OF TUKWILA ff Signed by: yr iz...S BtiI.�.,4 Thomas McLeod, Mayor ATTEST/AUTHENTICATED: Signed by: Andy Youn, City Clerk APPROVED AS TO FORM: L by:((ll� V _ JQ "A� Office of the City Attorney CONSULTANT: By: Printed Name. Theresa M. Wood Title: Vice President CA revised May 2020 Page 5 QAJ. Science + Planning + Design IIS,;;;;;;; III,,,,,,,,, IIII II[;; IIII I ,,, E i On August 21, 2024, the City of Tukwila (City) authorized Herrera Environmental Consultants (Herrera) to prepare a scope of work and cost estimate to be funded by an additional allocation from the Washington State Department of Ecology (Ecology) to support a polychlorinated biphenyl (PCB) evaluation within the City's stormwater drainage system. We propose to monitor PCBs using sediment traps to evaluate stormwater suspended particulate matter (SSPM), also commonly referred to as suspended sediment or stormwater solids. This scope of work includes a discussion of the activities, assumptions, deliverables, and a schedule associated with the following tasks for this project: e Task 2 — Study Planning e Task 3 — PCB Study The proposed task numbering starts with Task 2 since Task 1 is reserved for the City's Grant and Loan Administration task. 1` a °°°°°°°° "t t ��° I VIII II VIII 1111111 VIII I Si flIotas IIk I ��.t,4hity Assi uii airi ce III' iii ����������.�Aii ���..�� ������ III IIII&iia ?int The Quality Assurance Project Plan (QAPP) will guide all study design, sample collection, field and laboratory analyses, data analyses, quality assurance, and reporting activities. The QAPP will follow Ecology's "Guidelines and Specifications for Preparing Quality Assurance Project Plans for Environmental Studies." The QAPP will (1) describe in detail the monitoring and data quality objectives, procedures, and methodologies that will be used to ensure that all environmental data generated will meet the QAPP requirements; (2) describe in detail the sediment quality monitoring approach and laboratory protocols, including types of data and samples to be collected, sampling frequency, sampling procedures, analytical methods, quality control procedures, and data handling protocols; (3) describe data assessment procedures; (4) explain how the project will yield sufficient information to achieve the purpose and intent of monitoring, and (5) discuss data accuracy and statistical requirements. To expedite the Ecology review process, the draft QAPP will not contain information on specific monitoring locations, but a placeholder appendix will be included in the draft QAPP for the monitoring location maps. These site selection process to identify monitoring locations will be concurrently with the QAPP review to ensure sufficient time for identifying monitoring sites and expedite the start of data collection for the 2024-2025 wet season. October 24, 2024 Page 1 of 6 tw tukwila_emp_pcb_evaluation_scape_final_20241024.docx iiERRERA MAW) VWAIMMA EM dIIb aSIIIA: 2 2 ....... ilii �t e Iiallec' lii Illr.�lli The City will provide Herrera with a list of up to 30 sites based on an initial land use evaluation. Herrera will visit and evaluate up to 30 sites in the field to evaluate feasibility for sediment trap installation. Following this field evaluation, Herrera will select a minimum of 15 locations for monitoring. After the site selection has been finalized, Herrera will update the placeholder QAPP appendix to include maps of each monitoring location and stormwater infrastructure and facilities located in the vicinity of each location. It is assumed that this QAPP appendix will not need to be approved by Ecology prior to equipment procurement and installation (Subtask 3.1) and starting the sediment monitoring (Subtask 3.2). Si floita1k 2 11111"!", C "t Poll , ''i Ilh' i ic e IIIA""III e Herrera will be responsible for ongoing administration of the project, including ECOLOGY's standard contract clauses and/or specification, preparing invoices and progress reports, as well as coordination of work efforts with the City project manager (Sherry Edquid). Herrera's project manager (Rebecca Dugopolski) and contract manager will have phone and e-mail contact with the City project manager and other City representatives on an as -needed basis regarding scope, schedule, budget, and invoicing issues. This Subtask also includes regular check-in meetings between the Herrera and City project manager. The regular meetings will be the primary forum for discussing schedule and budget status, additional information needs, and to identify and address any emerging or ongoing concerns. These regular meetings are in addition to subtask-specific meetings outlined in other subtasks. Herrera's project manager will be responsible for ongoing administration of the project, including preparing invoices and progress reports, as well as coordination of work efforts with the City and analytical laboratories. Asswv,i IIID liii iiir. • The City will identify priority areas for monitoring based on a GIS evaluation of land use. • The City will provide GIS shapefiles for the stormwater conveyance network, catch basins/ maintenance holes, flow control/water quality treatment BMPs, and land use. • The City will provide schedules and routes for street sweeping and line -cleaning. • Herrera staff will conduct 2 to 3 days of field assessment to determine the final site selection. • The City will provide a single set of comments on the draft QAPP and draft technical memorandum within 7 business days of its delivery. Ecology will provide a single set of comments on the revised draft QAPP and revised draft technical memorandum within 15 business days of its delivery. e The QAPP will be approved by Ecology by November 15, 2024. October 24, 2024 Page 2 of 6 tw tukwila_emp_pcb_evaluation_scape_final_20241024.docx HERRERA MIM VNAIMMA Em • Up to two 1 -hour virtual working meetings are anticipated to be scheduled with City staff for this task. Official meeting notes will not be prepared for the City following these meetings, but comments will be addressed in the QAPP based on these discussions. • The City will be responsible for submitting deliverables to Ecology for review according to grant timelines. • Project management check-in meetings will be scheduled on a bi-weekly basis. Meetings will be virtual (conducted using Microsoft Teams or a conference call) and will last up to 30 minutes. IIII VIII liii 'iiia°°� Illhlllll • Draft QAPP (for City review) (Microsoft Word and PDF) • Revised draft QAPP (for Ecology review) (PDF) • Final QAPP (Microsoft Word and PDF) • Monthly invoices and progress reports • Site selection criterion, methodology and justification along with results in map form acceptable to Ecology m 31 Study s 114 t aIIIA : 3 m IIII � �. � lii III' iii,.�.� � iii,. �° IIC'' iii'O I..I iii ',IE? iI herit Eurid Herrera will procure a minimum of 15 in-line sediment traps (e.g., Hamlin traps), which may require custom fabrication. Sediment traps will be deployed at selected sites for approximately one (1) month and then the collected sediment will be gathered and delivered to the laboratory for analysis. The traps will be deployed, and samples collected at the same monitoring locations monthly for 3 to 4 months during the wet season, expected to be December 2024 to March 2025. Si flIo.aIIk 3 2 C dII III ciii ain , III ���; iii � �� �... iiia iu �.., iiia aiiaid Qi i a IIII lii tiI A s s i i iii,'' a iin c i.., Herrera will conduct sampling per the methods identified in the QAPP developed under Subtask 2.1. Herrera will collect monthly sediment samples from up to 20 locations for 3 to 4 months during the wet season. Sediment samples will be analyzed by an Ecology -accredited laboratory for low-level PCBs (using EPA 8082A), grain size, total organic carbon (TOC), and total solids. The grain size, TOC, and total solids data will be used to characterize the PCBs. Since PCBs bind to organic matter in sediment, TOC is recommended for normalization and characterization of the sediment. Herrera will construct a database for managing the laboratory data. Herrera will complete quality control of submitted data per the QAPP. Herrera will use an established system of quality assurance/ quality October 24, 2024 Page 3 of 6 tw tukwila_emp_pcb_evaluation_scape_final_20241024.docx HERRERA MAIN) VWAIMMA EM control review to ensure high quality deliverables that comply with the requirements of this scope of work. St.flI tas� Ik 3 t,a kru!,,!flIysls As outlined in the QAPP, Herrera will analyze data to summarize in-line sediment quality at the monitored sites and evaluate where PCB hot spots are located. Herrera will also submit collected data to the EIM at the conclusion of the project. City will coordinate the Canine facilitated inspection of upstream branches and potential sources of hot spot locations. Si flIA°taIIk 3 1111. IIL. eve IIID ) 114" I��Z.e calni� Ill,.m,°ul e IIIAd,a fi aIIA Herrera will prepare a technical memorandum documenting the findings of the PCB evaluation. The technical memorandum will include analysis of sample results and recommendations for maintenance (e.g., line cleaning) or source control best management practices (BMPs) to address PCB hot spots that are identified. Sdbtas1k 1,15 III a°III C9° jP ,lilll III'"" ill' IIP„” "' III" Herrera will be responsible for ongoing administration of the project, including preparing invoices and progress reports, as well as coordination of work efforts with the City project manager (Sherry Edquid). Herrera's project manager (Rebecca Dugopolski) and contract manager will have phone and e-mail contact with the City project manager and other City representatives on an as -needed basis with regard to scope, schedule, budget, and invoicing issues. This subtask also includes regular check-in meetings between the Herrera and City project manager. The regular meetings will be the primary forum for discussing schedule and budget status, additional information needs, and to identify and address any emerging or ongoing concerns. These regular meetings are in addition to subtask-specific meetings outlined in other subtasks. Herrera's project manager will be responsible for ongoing administration of the project, including preparing invoices and progress reports, as well as coordination of work efforts with the City and analytical laboratories. 9 The procurement and fabrication of Hamlin sediment traps are assumed to cost up to $2,000 each. e If necessary, the City will provide traffic control at sampling locations with potential traffic conflicts or safety concerns. e A 10 -percent contingency for equipment failure or loss is included in the budget. October 24, 2024 Page 4 of 6 tw tukwila_emp_pcb_evaluation_scope_final_20241024.docx HERRERA MIM VNAIMMA Em • The analytical laboratory will provide results within 4 weeks of sample delivery. Up to two 1 -hour virtual working meetings are anticipated to be scheduled with City staff for this task. Official meeting notes will not be prepared for the City following these meetings, but comments will be addressed in the QAPP and the technical memorandum based on these discussions. The City will be responsible for submitting deliverables to Ecology for review according to grant timelines. a The City will coordinate the Canine facilitated inspection of upstream branches and potential sources of hot spot locations. Budget for the canine facilitated inspection is not included in this scope of work. Project management check-in meetings will be scheduled on a bi-weekly basis. Meetings will be virtual (conducted using Microsoft Teams or a conference call) and will last up to 30 minutes. IIII VIII liii �iiir°� Illh 11111 • Laboratory analysis reports (PDF) • Data submittal to EIM • Draft technical memorandum (for City review) (Microsoft Word and PDF) • Revised draft technical memorandum (for Ecology review) (PDF) • Final technical memorandum (Microsoft Word and PDF) • Monthly progress reports and invoices (PDF) • Procured and fabricated sediment traps October 24, 2024 Page 5 of 6 tw tukwila_emp_pcb_evaluation_scape_final_20241024.docx HERRERA MAW) VWAIMMA Em IIIIII' iiiiir .III e��� � Sch* Task Deliverable/Meeting Timeline 8 Task 2 — Study Planning Subtask 2.1 — Quality Assurance Project Plan Development Draft QAPP (for City review) Nov. 15, 2024 Virtual working meeting #1 Nov. 2024 (TBD) Revised draft QAPP (for Ecology review) Nov. 22, 2024 Final QAPP (with updated monitoring location appendix) Dec.]') 2024 Subtask 2.2 — Site Selection Virtual working meeting 42 Nov. 2024 (TBD) Site selection Nov. — Dec. 2024 Subtask 2.3 —Project Management Monthly invoices and progress reports Nov. —Dec. 2024 Bi -weekly project management check-in meetings Nov. —Dec. 2024 Task 3 — PCS Study Subtask 3.1 — Equipment Procurement and Installation Equipment procurement Oct. —Nov. 2024 Equipment installation Dec. 2024 Procured and fabricated sediment traps June 2025 Subtask 3.2 — Data Collection, Management, and Quality Assurance Sediment data collection Dec. 2024 —Mar. 2025 Laboratory analysis report review Jan. — May 2025 Data submittal to EIM May 2025 Subtask 3.3 — Data Analysis PCB hots of evaluation Apr. — May 2025 Virtual working meeting #3 May 2025 TBD Subtask 3.4 — Develop Maintenance Recommendations Draft technical memorandum for City review May 16, 2025 Virtual working meeting #4 May 2025 TBD Revised draft technical memorandum for Ecology review June 6, 2025 Final technical memorandum June 27, 2025 Subtask 3.5 —Project Management Monthly invoices and progress reports Jan. — June 2025 Bi -weekly project management check-in meetings Jan. — June 2025 TBD: to be determined a The proposed project timeline assumes that the notice to proceed will be issued on November 5, 2024 or sooner. October 24, 2024 Page 6 of 6 tw tukwila_emp_pcb_evaluation_scape_final_20241024.docx HERRERA RtHERRERA Cost Estimate for Herrera Project No. 10/24/2024 Herrera Labor based on: Dugopclski, Rebecca Packman, James Banish. Nicholas Garcia. David Luell, Stacy Hobson, Paul Mullen. Meghan Siegel, Andrew Jackowich, Pamela Maloof. Charles Travel and Per Diem (PD) M Auto Use Laboratory Costs ARI City of Tukwila PCB Evaluation within Stormwater Drainage 24-08544-000 Task No. Burdened Labor Rates Scientist VII $316.35 Engineer Vl $273.41 Scientist V $230.50 Scientist 11 $134.51 Scientist 11 $132.29 Engineer IV .. ....Engineer .. _. ..._ $221.15 .. _. .. _. IV ....Engineer .. _. ..._ $217.97 .. _. .. _. III... $169.27 GIS Analyst 111 $153.42 Administrative Coordinator IV $143.83 Project Accountant 111 $135.81 .. _. 43..128.. Total Hours per Task .. _. 171..... Subtotal Labor .. _. 2... Subtotal Herrera Labor 5% Escalation on Herrera Labor in 2025 .. _. .. Escalated Subtotal Herrera Labor Unit Other Direct Costs (ODCs) In-line sediment trap Each Confined space tripod & winch Day Tools (Hilti power) Day IIS II- 1 III IIS, III IIIII., 0.67 �� 60 480540 Subtotal Per r DI@rMIIIIIIIIIIIIIjjffIIIIIIIrIIIrrIrlrl(IfIII(IfIrIIIIIIfIIIrIfIrlfl(IsfIIIjIIIofIIIIIIIrIIIrrIrlrl(IfIII(IfIrIIIIIIfIIIrIfIrlfl $40 Irr��r(fl��flrlll��Ilr��$321Ir2��rrr(IfII(IfrIIIIfIIrflrl $332 .. ....$ IOD iDO ....M4%IlVuuuuuuuuuuVVuuuuuuuVuuuuuuVVuuuVuuuuuuuuuuVVuuuuuuuVuuuuu�UIUIUIUIUUIUIUUUIUIUIUIUlUIU8UlUIUUUUIUIUUIUUIUUUUIUUIU„ , $$.,, , 3/ Fee on Lab Costs $D � $D � $lssa � $lssa Subtotal Lab Costs $o I $o I $64,394 I $64,394 RIMIN. I[[[ 25 21777= 5 5 3% Fee onODCs $o $o "661 $1,551 Subtotal ODCs $0 I $0 I $53,251 I $53,251 Subtotal Per Diem, Lab Costs, and ODCs $0 I $40 I $107,957 I $107,997 Grand Subtotal $0 I $79,987 I $341,219 I $421,206 Grand Total ®r Note: Herrera adjusts labor rates annually in January unless contract specifies otherwise. 12 14 26 ... .. _. 124 184 .. _. 308..... ... .. _. 94.. 280.. .. _. 374..... ... ... .. _. 20.. .. _. 214 .. _. 234..... .. _. 20.. 194 214..... ... .. _. 43..128.. .. _. 171..... ., .. _. 2... 32_. .. _. 34 ..... ... .. _. .. 24 _. _. .. _. 24 ..... .. _. .... . 16 39 55 ... .. _. 16 14 _. .. _. 30 ..... ... .. _. 4 ... 8. _. .. _. 12 ..... 0 I 351 I 1,131 I 1482 $D I $79,947 $222.154 I $302.101 so I $79,947 I $222,154 .I I $302,101 $D I $0 $11,108 I $11,108 $0 I $79,947 I $233,262 I $313,209 0.67 �� 60 480540 Subtotal Per r DI@rMIIIIIIIIIIIIIjjffIIIIIIIrIIIrrIrlrl(IfIII(IfIrIIIIIIfIIIrIfIrlfl(IsfIIIjIIIofIIIIIIIrIIIrrIrlrl(IfIII(IfIrIIIIIIfIIIrIfIrlfl $40 Irr��r(fl��flrlll��Ilr��$321Ir2��rrr(IfII(IfrIIIIfIIrflrl $332 .. ....$ IOD iDO ....M4%IlVuuuuuuuuuuVVuuuuuuuVuuuuuuVVuuuVuuuuuuuuuuVVuuuuuuuVuuuuu�UIUIUIUIUUIUIUUUIUIUIUIUlUIU8UlUIUUUUIUIUUIUUIUUUUIUUIU„ , $$.,, , 3/ Fee on Lab Costs $D � $D � $lssa � $lssa Subtotal Lab Costs $o I $o I $64,394 I $64,394 RIMIN. I[[[ 25 21777= 5 5 3% Fee onODCs $o $o "661 $1,551 Subtotal ODCs $0 I $0 I $53,251 I $53,251 Subtotal Per Diem, Lab Costs, and ODCs $0 I $40 I $107,957 I $107,997 Grand Subtotal $0 I $79,987 I $341,219 I $421,206 Grand Total ®r Note: Herrera adjusts labor rates annually in January unless contract specifies otherwise. ity of Tukwila Thomas McLeod, Mayor Public Works Department - Pete Mayer, Interim Director INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Committee FROM: Pete Mayer, Interim Public Works Director BY: Sherry Edquid, Levee and Floodplain Project Manager CC: Mayor Thomas McLeod DATE: October 25, 2024 SUBJECT: Polychlorinated biphenyls (PCB) Evaluation within Stormwater Drainage Consultant Services, Project No. 32441201 ISSUE Request to execute a Consultant Agreement for services with Herrera Environmental Consultants, Inc. (Herrera) to conduct a Polychlorinated biphenyls (PCB) evaluation within our stormwater drainage system. BACKGROUND In 2023, the City received an Ecology Water Quality grant to develop an Enhanced Maintenance Plan (EMP), which has been assigned to Herrera. Recently, Ecology informed us that additional grant funds are available for conducting a PCB evaluation within our stormwater drainage system. PCBs were domestically manufactured from 1929 until manufacturing was banned in 1979. PCBs were used in hundreds of industrial and commercial applications including electrical, heating, and hydraulic equipment as well as in paints, plastics and rubber products. ANALYSIS Herrera will sample stormwater and provide a report that details where PCBs are present in stormwater as outlined in the Ecology grant. The MRSC Consultant Roster was used to select Herera. The City has been very satisfied with Herera's past work. FISCAL IMPACT Herera has provided a cost not to exceed $421,206 to perform the attached scope of work. This contract will be entirely funded by the Department of Ecology grant with no city cost share. RECOMMENDATION Council is being asked to approve the consultant agreement with Hererra in the amount of $421,206 and consider this item on the Consent Agenda at the November 4, 2024 Regular Meeting. Attachment: Consultant Agreement for Engineering Services, Cost Estimate, Scope of Work (&,,HERRERA Science + Planning + Design On August 21, 2024, the City of Tukwila (City) authorized Herrera Environmental Consultants (Herrera) to prepare a scope addendum and cost estimate to add a task to the Enhanced Maintenance Plan (EMP) contract to be funded by an additional allocation from the Washington State Department of Ecology (Ecology) to support a polychlorinated biphenyl (PCB) evaluation within the City's stormwater drainage system. We propose to monitor PCBs using sediment traps to evaluate stormwater suspended particulate matter (SSPM), also commonly referred to as suspended sediment or stormwater solids. This scope of work includes a discussion of the activities, assumptions, deliverables, and a schedule associated with the following tasks for this project: Task 2 — Study Planning • Task 3 — PCB Study The proposed task numbering starts with Task 2 since Task 1 is reserved for the City's Grant and Loan Administration task. `T °°°°°°° "' ��° VIII VIII 111111 VIII ..d1bi ta s IIk 2 1 QU iIII lii ts i..uii aii.. e III irqlject The Quality Assurance Project Plan (QAPP) will guide all study design, sample collection, field and laboratory analyses, data analyses, quality assurance, and reporting activities. The QAPP will follow Ecology's "Guidelines and Specifications for Preparing Quality Assurance Project Plans for Environmental Studies." The QAPP will (1) describe in detail the monitoring and data quality objectives, procedures, and methodologies that will be used to ensure that all environmental data generated will meet the QAPP requirements; (2) describe in detail the sediment quality monitoring approach and laboratory protocols, including types of data and samples to be collected, sampling frequency, sampling procedures, analytical methods, quality control procedures, and data handling protocols; (3) describe data assessment procedures; (4) explain how the project will yield sufficient information to achieve the purpose and intent of monitoring, and (5) discuss data accuracy and statistical requirements. To expedite the Ecology review process, the draft QAPP will not contain information on specific monitoring locations, but a placeholder appendix will be included in the draft QAPP for the monitoring location maps. These site selection process to identify monitoring locations will be concurrently with the QAPP review to ensure sufficient time for identifying monitoring sites and expedite the start of data collection for the 2024-2025 wet season. October 17, 2024 Page 1 of 6 6jr draft-scopeofwork HERRERA SCORE AIDIDIEINIDUIM t.flI tas� Ik '''''. 'G) ....... &i[te ' dIkeI� UI III.i The City will provide Herrera with a list of up to 30 sites based on an initial land use evaluation. Herrera will visit and evaluate up to 30 sites in the field to evaluate feasibility for sediment trap installation. Following this field evaluation, Herrera will select a minimum of 15 locations for monitoring. After the site selection has been finalized, Herrera will update the placeholder QAPP appendix to include maps of each monitoring location and stormwater infrastructure and facilities located in the vicinity of each location. It is assumed that this QAPP appendix will not need to be approved by Ecology prior to equipment procurement and installation (Subtask 3.1) and starting the sediment monitoring (Subtask 3.2). i.r� ta s 2 3 , II IIo.i t�i Herrera will be responsible for ongoing administration of the project, including preparing invoices and progress reports, as well as coordination of work efforts with the City project manager (Sherry Edquid). Herrera's project manager (Rebecca Dugopolski) and contract manager will have phone and e-mail contact with the City project manager and other City representatives on an as -needed basis with regard to scope, schedule, budget, and invoicing issues. This subtask also includes regular check-in meetings between the Herrera and City project manager. The regular meetings will be the primary forum for discussing schedule and budget status, additional information needs, and to identify and address any emerging or ongoing concerns. These regular meetings are in addition to Subtask-specific meetings outlined in other subtasks. Herrera's project manager will be responsible for ongoing administration of the project, including preparing invoices and progress reports, as well as coordination of work efforts with the City and analytical laboratories. Assu iiirn 1ati crias • The City will identify priority areas for monitoring based on a GIS evaluation of land use. • The City will provide GIS shapefiles for the stormwater conveyance network, catch basins/ maintenance holes, flow control/water quality treatment BMPs, and land use. • The City will provide schedules and routes for street sweeping and line -cleaning. • Herrera staff will conduct 2 to 3 days of field assessment to determine the final site selection. • The City will provide a single set of comments on the draft QAPP and draft technical memorandum within 7 business days of its delivery. • Ecology will provide a single set of comments on the revised draft QAPP and revised draft technical memorandum within 15 business days of its delivery. • The QAPP will be approved by Ecology by November 15, 2024. October 17. 2024 jr draft-scopeofwork Page 2 of 6 SCORE AIDIDIEINIDUIM • The procurement and fabrication of Hamlin sediment traps are assumed to cost up to $2,000 each. • Up to two 1 -hour virtual working meetings are anticipated to be scheduled with City staff for this task. Official meeting notes will not be prepared for the City following these meetings, but comments will be addressed in the QAPP based on these discussions. • The City will be responsible for submitting deliverables to Ecology for review according to grant timelines. • Project management check-in meetings will be scheduled on a bi-weekly basis. Meetings will be virtual (conducted using Microsoft Teams or a conference call) and will last up to 30 minutes. IIII °'��IIIII liii � iiii��� 1114 X11111 ���� • Draft QAPP (for City review) (Microsoft Word and PDF) • Revised draft QAPP (for Ecology review) (PDF) • Final QAPP (Microsoft Word and PDF) • Monthly invoices and progress reports nm 3 u ... ��.�u III a III . 1 "'ICII ui IIIA iii uJuieii m .� Herrera will procure a minimum of 15 in-line sediment traps (e.g., Hamlin traps), which may require custom fabrication. Sediment traps will be deployed at selected sites for approximately one (1) month and then the collected sediment will be gathered and delivered to the laboratory for analysis. The traps will be deployed and samples collected at the same monitoring locations monthly for 3 to 4 months during the wet season, expected to be December 2024 to March 2025. SdIIA t a s IIk 3� �6II eflaim , INA' m i�� �im��.� i��� . s i.i ra fi c e Herrera will conduct sampling per the methods identified in the QAPP developed under Subtask 2.1. Herrera will collect monthly sediment samples from up to 20 locations for 3 to 4 months during the wet season. Sediment samples will be analyzed by an Ecology -accredited laboratory for low-level PCBs (using EPA 8082A), grain size, total organic carbon (TOC), and total solids. The grain size, TOC, and total solids data will be used to characterize the PCBs. Since PCBs bind to organic matter in sediment, TOC is recommended for normalization and characterization of the sediment. Herrera will construct a database for managing the laboratory data. Herrera will complete quality control of submitted data per the QAPP. Herrera will use an established system of quality assurance/ quality October 17, 2024 Page 3 of 6 6jr draft-scopeofwork HERRERA SCORE AIDIDIEINIDUIM control review to ensure high quality deliverables that comply with the requirements of this scope of work. Si.,flof a s Ik 3 X,4[i(&si As outlined in the QAPP, Herrera will analyze data to summarize in-line sediment quality at the monitored sites and evaluate where PCB hot spots are located. Herrera will also submit collected data to the EIM at the conclusion of the project. 4�� � ��� 11� taIII k ��.3111. Herrera will prepare a technical memorandum documenting the findings of the PCB evaluation. The technical memorandum will include analysis of sample results and recommendations for maintenance (e.g., line cleaning) or source control best management practices (BMPs) to address PCB hot spots that are identified. St.fl'oi�ta s�ISP„: 3,5 D IIIco.�, illl l '���:;” ':� io III"" fi�� IIIA"'III III'""I Herrera will be responsible for ongoing administration of the project, including preparing invoices and progress reports, as well as coordination of work efforts with the City project manager (Sherry Edquid). Herrera's project manager (Rebecca Dugopolski) and contract manager will have phone and e-mail contact with the City project manager and other City representatives on an as -needed basis with regard to scope, schedule, budget, and invoicing issues. This subtask also includes regular check-in meetings between the Herrera and City project manager. The regular meetings will be the primary forum for discussing schedule and budget status, additional information needs, and to identify and address any emerging or ongoing concerns. These regular meetings are in addition to subtask-specific meetings outlined in other subtasks. Herrera's project manager will be responsible for ongoing administration of the project, including preparing invoices and progress reports, as well as coordination of work efforts with the City and analytical laboratories. su rri IIIb iiii oiiii,.is If necessary, the City will provide traffic control at sampling locations with potential traffic conflicts or safety concerns. e A 10 -percent contingency for equipment failure or loss is included in the budget. e The analytical laboratory will provide results within 4 weeks of sample delivery. e Up to two 1 -hour virtual working meetings are anticipated to be scheduled with City staff for this task. Official meeting notes will not be prepared for the City following these meetings, but October 17, 2024 Page 4 of 6 6jr draft-scopeofwork HERRERA SCOPE AIDIDIEINIDUIM comments will be addressed in the QAPP and the technical memorandum based on these discussions. • The City will be responsible for submitting deliverables to Ecology for review according to grant timelines. • Project management check-in meetings will be scheduled on a bi-weekly basis. Meetings will be virtual (conducted using Microsoft Teams or a conference call) and will last up to 30 minutes. IIII °����IIIII liii ��� iiii� 1114 ��11111 ���� • Laboratory analysis reports (PDF) • Data submittal to EIM • Draft technical memorandum (for City review) (Microsoft Word and PDF) • Revised draft technical memorandum (for Ecology review) (PDF) • Responses to Ecology's comments on revised draft technical memorandum (Word or Excel) • Final technical memorandum (Microsoft Word and PDF) • Monthly progress reports and invoices (PDF) October 17, 2024 Page 5 of 6 6jr draft-scopeoflmork HERRERA SCORE AIDIDIEINIDUIM 111[ iiIir ,QUI n dn Task Deliverable/Meeting Timeline a Task 2 — Study Planning Subtask 2.1 —Quality Assurance Project Plan Development Draft QAPP (for City review) Nov. 15, 2024 Virtual working meeting # I Nov. 2024 (TBD) Revised draft QAPP (for Ecology review) Nov. 22, 2024 Final QAPP (with updated monitoring location appendix) Dec. 13, 2024 Subtask 2.2 — Site Selection Virtual working meeting 42 Nov. 2024 (TBD) Site selection Nov. — Dec. 2024 Subtask 2.3 — Project Management Monthly invoices and progress reports Nov. — Dec. 2024 Bi -weekly project management check-in meetings Nov. — Dec. 2024 Task 3 — PCB Study Subtask 3.1 — Equipment Procurement and Installation Equipment procurement Oct. — Nov. 2024 Equipment installation Dec. 2024 Subtask 3.2 — Data Collection, Management, and uali Assurance Sediment data collection Dec. 2024 — Mar. 2025 Laboratory analysis report review Jan. — May 2025 Data submittal to EIM May 2025 Subtask 3.3 — Data Analysis PCB hots of evaluation Apr. — May 2025 Virtual working meeting #3 May 2025 TBD Subtask 3.4 — Develop Maintenance Recommendations Draft technical memorandum (for City review) May 16, 2025 Virtual working meeting #4 May 2025 TBD Revised draft technical memorandum for Ecology review June 6, 2025 Final technical memorandum June 27, 2025 Subtask 3.5 — Project Management Monthly invoices and progress reports Jan. — June 2025 Bi -weekly project management check-in meetings Jan. — June 2025 TBD: to be determined a The proposed project timeline assumes that the notice to proceed will be issued on November 5, 2024 or sooner. October 17. 2024 jr draft-scopeofwork Page 6 of 6 RtHERRERA Cost Estimate for Herrera Project No. 10/17/2024 Herrera Labor based on: Dugopolski, Rebecca Packman. James Bartish, Nicholas Garcia, David Luell, Stacy Hobson, Paul Mullen, Meghan Siegel, Andrew Jackowich. Pamela Maloof, Charles Travel and Per Diem Z'21 Auto Use Laboratory Costs IIV ,x,1,1 ARI City of Tukwila PCB Evaluation 24-08544-000 Task Burdened Labor Rates Scientist Vll EngineerVI Scientist V Scientist 11 Scientist 11 Engineer IV Engineer IV Engineer III GIS Analyst III Administrative Coordinator IV $316.35 $273.41 $230.50 $134.51 $132.29 $221.15 $217.97 Project Accountant III $135.81 Total Hours per Task Subtotal Labor Subtotal Herrera Labor 5% Escalation on Herrera Labor in 2025 Escalated Subtotal Herrera Labor Unit Other Direct Costs (ODCs) M, �1 N M M N I M I N N M N Wj I In-line sediment trap Each Confined space tripod & winch Day Tools (Hilti power) Day 1 60... �. 480_ 540... Subtotal Per Diem so 1 $40 � $322 � $362 $„8D0A0 I I 88 I 88 3/ Fee on Lab Costs $0 $0' $1,584 $1,584 Subtotal Lab Costs $0 I $0 I $54,364 I $54,364 $2 I l i �VVVVVVVIVVVVVVVVVVVVVV��VVVVVVVV�VVVV�VVVVVVVVVVVV�� �,,,, , ,,, ,,,,, , ,,,, ,,,,,, ����UI�IUIUIUIUIU�U����U�UI�IUIUI�����IUU�UIUIU�UI�� ",,,, ,,, ,,,,,, , ... .. .. $25.00 DO 25 25 .. .. .. $75.00 J 21 . 21 $25 00 5 5 3% fee onODCs $0 $0 "551 � Ei,551 Subtotal ODCs $0 I $0 I $53,251 I $53,251 Subtotal Per Diem, Lab Costs, and ODCs $0 I $40 I $107,957 I $107,997 Grand Subtotal $0 I $79,957 I $341,219 I $421,206 Grand Total WIT, Note: Herrera adjusts labor rates annually in January unless contract specifies otherwise. .. _. 12 14 .. _. 26 ... 124 184 308... ., .... 94 280 374 20 214 .... _.. 234 20 194 214 ... .... .. _. 43 ... 128 _. .... _.. 171 2 32 .. _. 34.... . 24 _. .. _. 24 ..... ... .. _. 16 .. 39 _. .. _. 55 ..... ... ... .. _. 16_ ._. 14 _. .. _. 30 ..... 4... a._. ._. 12 ... 0 I 351 .I 1.131 I 1482 $0 I $79,947 I $222,154 I $302,101 $0 I $79,947 I $222,154 I E302,101 $0 I $0 I $11,108 I $11,108 $0 I $79,947 I $288,262 I $313,209 1 60... �. 480_ 540... Subtotal Per Diem so 1 $40 � $322 � $362 $„8D0A0 I I 88 I 88 3/ Fee on Lab Costs $0 $0' $1,584 $1,584 Subtotal Lab Costs $0 I $0 I $54,364 I $54,364 $2 I l i �VVVVVVVIVVVVVVVVVVVVVV��VVVVVVVV�VVVV�VVVVVVVVVVVV�� �,,,, , ,,, ,,,,, , ,,,, ,,,,,, ����UI�IUIUIUIUIU�U����U�UI�IUIUI�����IUU�UIUIU�UI�� ",,,, ,,, ,,,,,, , ... .. .. $25.00 DO 25 25 .. .. .. $75.00 J 21 . 21 $25 00 5 5 3% fee onODCs $0 $0 "551 � Ei,551 Subtotal ODCs $0 I $0 I $53,251 I $53,251 Subtotal Per Diem, Lab Costs, and ODCs $0 I $40 I $107,957 I $107,997 Grand Subtotal $0 I $79,957 I $341,219 I $421,206 Grand Total WIT, Note: Herrera adjusts labor rates annually in January unless contract specifies otherwise.