HomeMy WebLinkAboutContractAGREEMENT FOR NPDES MAPPING SUPPORT THIS AGREEMENT, dated for reference purposes only as March 21, 2025, is by and between the Parametrix, Inc. a Washington corporation. The City and the Consultant are referred to collectively in this Agreement as the effective as of the last date signed by both parties. 1. Scope of Work: Consultant agrees to provide NPDES permit mapping support asspecified in Exhibit A, which is attached and incorporated herein and may hereinafter be referred Work 2. Changes in Scope of Work: The City, without invalidating this Agreement, may order changes to the Workconsisting of additions, deletions or modifications.Any such changes to the Work shall be ordered by the City in writing and the Compensation shall be equitably adjusted consistent with the rates set forth in ExhibitBor as otherwise mutually agreed by the Parties. 3. Time of Performance: Consultant shall commence performance of the Agreement pursuant to the schedule(s) set forth in Exhibit C. All Work shall be performed by no later than June 30, 2025. 4. Compensation: A. Amount. Total compensation to Consultant for Work provided pursuant to this Agreement shall not exceed $49,995.63, plus any applicable state and local sales taxes. Compensation shall be paid based upon Work actually performed according to the rate(s) or amounts specified in Exhibit B. The Consultant agrees that any hourly or flat rate charged by it for its Work shall remain locked at the negotiated rate(s) unless otherwise agreed to in writing or provided in Exhibit B. Except as specifically provided herein, the Consultant shall be solely responsible for payment of any taxes imposed as a result of the performance and payment of this Agreement. B. Method of Payment. On a monthly or no less than quarterly basis during any quarter in which Workisperformed, the Consultant shall submit a voucher or invoice in aform specified by the City, including a description of what Work has been performed, the name of the personnel performing such Work, and any hourly labor charge rate for such personnel. The Consultant shall also submit a final bill upon completion of all CAG-25-107 PAGE 2 OF 10 Work. Payment shall be made by the City for Work performed within thirty (30) calendar days after receipt and approval by the appropriate City representative of the voucher or invoice. If the does not meet the requirements of this Agreement, the Consultant will correct or modify its performance to comply with the Agreement. The City may withhold payment for work that does not meet the requirements of this Agreement. C. Effect of Payment. Payment for any part of the Work shall not constitute a waiver by the City of any remedies it may have against the Consultant for failure of the Consultant to perform the Work or for any breach of this Agreement by the Consultant. D. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City shall not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5. Termination: A. The City reserves the right to terminate this Agreement at any time, with or without cause by giving ten(10) calendar of such termination or suspension, all finished or unfinished documents, data, studies, worksheets, models and reports, or other material prepared by the Consultant pursuant to this Agreement shall be submitted to the City, if any are required as part of the Work. B. In the event this Agreement is terminated by the City, the Consultant shall be entitled to payment for all hours worked to the effective date of termination, less all payments previously made. If the Agreement is terminated by the City after partial performance of Work for which the agreed compensation is a fixed fee, the City shall pay the Consultant an equitable share of the fixed fee. This provision shall not prevent the City from seeking any legal remedies it may have for the violation or nonperformance of any of the provisions of this Agreement and such charges due to the City shall be deducted from the final payment due the Consultant. No payment shall be made by the City for any expenses incurred or work done following the effective date of termination unless authorized in advance in writing by the City. 6. Warranties And Right To Use Work Product: Consultant represents and warrants that Consultant will perform all Work identified in this Agreement in a professional and workmanlike manner and in accordance with all reasonable and professional standards and laws. Compliance with professional standards includes, as applicable, performing the PAGE 3 OF 10 Work in compliance with applicable City standards or guidelines (e.g. design criteria and Standard Plans for Road, Bridge and Municipal Construction). Professional engineers shall certify engineering plans, specifications, plats, and reports, as applicable, pursuant to RCW 18.43.070. Consultant further represents and warrants that all final work product created for and delivered to the City pursuant to this Agreement shall be the original work of the Consultant and free from any intellectual property encumbrance which would restrict the City from using the work product. Consultant grants to the City a non- exclusive, perpetual right and license to use, reproduce, distribute, adapt, modify, and display all final work product produced pursuant to this Agreement. adaptation, modification or use of the final work products other than for the purposes of this Agreement shall be without liability to the Consultant. The provisions of this section shall survive the expiration or termination of this Agreement. 7. Record Maintenance: The Consultant shall maintain accounts and records, which properly reflect all direct and indirect costs expended and Work provided in the performance of this Agreement and retain such records for as long as may be required by applicable Washington State records retention laws, but in any event no less than six years after the termination of this Agreement. The Consultant agrees to provide access to and copies of any records related to this Agreement as required by the City to audit expenditures and charges and/or to comply with the Washington State Public Records Act (Chapter 42.56 RCW). The provisions of this section shall survive the expiration or termination of this Agreement. 8. Public Records Compliance: To the full extent the City determines necessary to comply with the Washington State Public Records Act, Consultant shall make a due diligent search of all records in its possession or control relating to this Agreement and the Work, including, but not limited to, e-mail, correspondence, notes, saved telephone messages, recordings, photos, or drawings and provide them to the City for production. In the event Consultant believes said records need to be protected from disclosure, it may, at Consultant shall indemnify, defend, or litigation related to a Public Records Act request for which Consultant has responsive records and for which Consultant has withheld records or information contained therein, or not provided them to the City in a timely manner. Consultant shall produce for distribution any and all records responsive to the Public Records Act request in a timely manner, unless those records are protected by court order. The provisions of this section shall survive the expiration or termination of this Agreement. 9. Independent Contractor Relationship: A. The Consultant is retained by the City only for the purposes and to the extent set forth in this Agreement. The nature of the relationship between the Consultant and the City during the period of the Work shall be that of an independent contractor, not PAGE 4 OF 10 employee. The Consultant, not the City, shall have the power to control and direct the details, manner or means of Work. Specifically, but not by means of limitation, the Consultant shall have no obligation to work any particular hours or particular schedule, unless otherwise indicated in the Scope of Work or where scheduling of attendance or performance is mutually arranged due to the nature of the Work. Consultant shall retain the right to designate the means of performing the Work covered by this agreement, and the Consultant shall be entitled to employ other workers at such compensation and such other conditions as it may deem proper, provided, however, that any contract so made by the Consultant is to be paid by it alone, and that employing such workers, it is acting individually and not as an agent for the City. B. The City shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to Consultant or any employee of the Consultant. C. If the Consultant is a sole proprietorship or if this Agreement is with an individual, the Consultant agrees to notify the City and complete any required form if the Consultant retired under a State of Washington retirement system and agrees to indemnify any 10. Hold Harmless: The Consultant agrees to release, indemnify, defend, and hold harmless the City, elected officials, employees, officers, representatives, and volunteers from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties, by any and all persons or entities, arising from, resulting from, or related to the negligent acts, errors or omissions of the Consultant in its performance of this Agreement or a breach of this Agreement by Consultant, except for that portion of the claims caused by Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc., of structure or improvement attached to real or damages to property caused by or resulting from the concurrent negligence of the It is further specifically and expressly understood that the indemnification provided in PAGE 5 OF 10 Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties have mutually negotiated and agreed to this waiver. The provisions of this section shall survive the expiration or termination of this Agreement. 11. Gifts and Conflicts: employees from soliciting, accepting, or receiving any gift, gratuity or favor from any person, firm or corporation involved in a contract or transaction. To ensure compliance Code of Ethics and state law, the Consultant shall not give a gift of any kind to City employees or officials. Consultant also confirms that Consultant does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in selecting the Consultant, negotiating or administering this Work. 12. City of Renton Business License: Unless exempted by the Renton Municipal Code, Consultant shall obtain a City of Renton Business License prior to performing any Work and maintain the business license in good standing throughout the term of this agreement with the City. Information regarding acquiring a city business license can be found at: https://www.rentonwa.gov/Tax Information regarding State business licensing requirements can be found at: https://dor.wa.gov/doing-business/register-my-business 13. Insurance: Consultant shall secure and maintain: A. Commercial general liability insurance in the minimum amounts of $1,000,000 for each occurrence/$2,000,000 aggregate for the Term of this Agreement. B. In the event that Work delivered pursuant to this Agreement either directly or indirectly involve or require Professional Services, Professional Liability, Errors and Omissions coverage shall be provided with minimum limits of $1,000,000 per occurrence claim. If such policy is written on a claims-made basis, its retroactive date, and that of all subsequent renewals, shall be no later than the effective date of this Agreement. The policy shall state that coverage is claims-made and state the retroactive date. Claims-made form coverage shall be maintained by Consultant for a minimum of 36 months following the date all Work is completed or earlier termination of this Agreement, and the Consultant shall annually provide the City with proof of renewal. If renewal of the claims-made form of coverage becomes unavailable, or economically prohibitive, Consultant shall purchase an extended City to assure financial responsibility for liability for services performed. "Professional PAGE 6 OF 10 Services", for the purpose of this section, shall mean any Work provided by a licensed professional or Work that requires a professional standard of care. C.Insurance laws of the State of Washington, shall also be secured. D. Commercial Automobile Liability for owned, leased, hired or non-owned, leased, hired or non-owned, with minimum limits of $1,000,000 per occurrence combined single behalf of the City, beyond normal commutes. E. Consultant shall name the City as an Additional Insured on its commercial general liability policy on a non- not be a source for payment of any Consultant liability, nor shall the maintenance of any insurance required by this Agreement be construed to limit the liability of recourse to any remedy available at law or in equity. F. proper endorsements, shall be delivered to the City before performing the Work. G. Consultant shall provide the City with written notice of any policy cancellation, within two (2) business days of their receipt of such notice. 14. Delays: Consultant is not responsible for delays caused by factors beyond the controloccur, the City agrees the Consultant is not responsible for damages, nor shall the Consultant be deemed to be in default of the Agreement. 15. Successors and Assigns: Neither the City nor the Consultant shall assign, transfer or encumber any rights, duties or interests accruing from this Agreement without the written consent of the other. 16. Notices: Any notice required under this Agreement will be in writing, addressed to the appropriate party at the address which appears below (as modified in writing from time to time by such party), and given personally, by registered or certified mail, return receipt requested, by facsimile or by nationally recognized overnight courier service. Time period for notices shall be deemed to have commenced upon the date of receipt, EXCEPT facsimile delivery will be deemed to have commenced on the first business day following transmission. Email and telephone may be used for purposes of administering the Agreement, but should not be used to give any formal notice required by the Agreement. PAGE 7 OF 10 CITY OF RENTON Kristina Lowthian, Surface Water Engineer 1055 South Grady Way Renton, WA 98057 Phone: (425) 430-7249 klowthian@rentonwa.gov Fax: (425) 430-7241 CONSULTANT Julie Brandt, Senior Engineer Surface Water 719 2nd Ave #200 Seattle, WA 98104 Phone: (206) 394-3661 JBrandt@parametrix.com 17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational qualification, the Consultant agrees as follows: A. with regard to the Work performed or to be performed under this Agreement, shall not discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation or preference, age (except minimum age and retirement provisions), honorably discharged veteran or military status, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification in relationship to hiring and employment, in employment or application for employment, the administration of the delivery of Work or any other benefits under this Agreement, or procurement of materials or supplies. B. The Consultant will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, national origin, sex, age, sexual orientation, physical, sensory or mental handicaps, or marital status. Such action shall include, but not be limited to the following employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training. C.-discrimination provisions, the City shall have the right, at its option, to cancel the Agreement in whole or in part. D. The Consultant is responsible to be aware of and in compliance with all federal, state and local laws and regulations that may affect the satisfactory completion of the project, which includes but is not limited to fair labor laws, worker's compensation, and Title VI of the Federal Civil Rights Act of 1964, and will comply with City of Renton Council Resolution Number 4085. 18. Miscellaneous:The parties hereby acknowledge: A. The City is not responsible to train or provide training for Consultant. PAGE 8 OF 10 B. Consultant will not be reimbursed for job related expenses except to the extent specifically agreed within the attached exhibits. C. Consultant shall furnish all tools and/or materials necessary to perform the Work except to the extent specifically agreed within the attached exhibits. D. In the event special training, licensing, or certification is required for Consultant to provide Work he/she will acquire or maintain such at his/her own expense and, if Consultant employs, sub-contracts, or otherwise assigns the responsibility to perform the Work, said employee/sub-contractor/assignee will acquire and or maintain such training, licensing, or certification. E. This is a non-exclusive agreement and Consultant is free to provide his/her Work to other entities, so long as there is no interruption or interference with the provision of Work called for in this Agreement. F. Consultant is responsible for his/her own insurance, including, but not limited to health insurance. G. that for any persons employed by the Consultant. 19. Other Provisions: A. Approval Authority. Each individual executing this Agreement on behalf of the City and Consultant represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the City or Consultant. B. General Administration and Management.project manager is Kristina Lowthian. In providing Work manager or his/her designee. C. Amendment and Modification. This Agreement may be amended only by an instrument in writing, duly executed by both Parties. D. Conflicts. In the event of any inconsistencies between Consultant proposals and this Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to this Agreement are incorporated by reference only to the extent of the purpose for which they are referenced within this Agreement. To the extent a Consultant prepared exhibit conflicts with the terms in the body of this Agreement or contains terms that are extraneous to the purpose for which it is referenced, the terms in the body of this Agreement shall prevail and the extraneous terms shall not be incorporated herein. PAGE 9 OF 10 E. Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington and the City of Work in accordance with all applicable federal, state, county and city laws, codes and ordinances. F. Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared by the joint efforts of the Parties and shall not be construed against one party or the other as a result of the preparation, substitution, submission or other event of negotiation, drafting or execution. G. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or interpret this Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King County, Washington, or its replacement or successor. Consultant hereby expressly consents to the personal and exclusive jurisdiction and venue of such court even if Consultant is a foreign corporation not registered with the State of Washington. H. Severability. part of this Agreement is illegal or unenforceable shall not cancel or invalidate the remainder of this Agreement, which shall remain in full force and effect. I. Sole and Entire Agreement. This Agreement contains the entire agreement of the Parties and any representations or understandings, whether oral or written, not incorporated are excluded. J. Time is of the Essence. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Work this Agreement. K. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be construed to give any rights or benefits in the Agreement to anyone other than the Parties, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Parties and no one else. L. Binding Effect. The Parties each bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement, and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants of the Agreement. PAGE 10 OF 10 M. Waivers. failure to enforce any provision of this Agreement shall not be a waiver and shall not prevent either the City or Consultant from enforcing that provision or any other provision of this Agreement in the future. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach unless it is expressly waived in writing. N. Counterparts. The Parties may execute this Agreement in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date last signed by the Parties below. CITY OF RENTON By:_____________________________ CONSULTANT By:____________________________ Martin Pastucha Public Works Administrator Jenifer Young EP&C Division Manager _____________________________ Date _____________________________ Date Approved as to Legal Form By: __________________________ Shane Moloney Renton City Attorney Contract Template Updated 5/21/2021 Clb 3-14-25 NS 3364 March 17, 2025 Approved by Cheryl Beyer via email 3/18/2025 Scope of Work City of Renton 553-1779-893 NPDES Mapping Support 1 February 2025 City of Renton NPDES Mapping Support PROJECT UNDERSTANDING The City of Renton (City) has requested Parametrix support in addressing Washington State Department of Ecology (Ecology) NPDES Western Washington Phase II Municipal Stormwater Permit (NPDES Permit) requirements related to mapping tree canopy and overburdened communities for the 2024-2029 permit term. This work is funded in part by an Ecology Capacity Grant, which expires on June 30, 2025. TASK 1 PROJECT MANAGEMENT Measurable Objective This effort is intended to track, manage, document, and report on the work effort throughout the life of the contract. Approach Parametrix will administer and track the contracted effort, including preparing monthly invoices. phone and email contact regarding scope, schedule, budget, and work progress. Assumptions Project management will extend from February 24, 2025, through July 14, 2025 (approximately 5 months). The Parametrix project manager will coordinate with the City project manager approximately every two weeks (or more frequently, as needed) by phone or video call. Deliverables Monthly invoices itemized by time spent within each task and progress reports identifying the related deliverables for the time spent and percent of work complete for each task. QA/QC review documentation (delivered upon request). TASK 2 OVERBURDENED COMMUNITIES GIS INVENTORY Measurable Objective This effort is intended to provide a high-level overburdened communities to aid in decision-making and help address public involvement and mapping requirements in the following NPDES Permit sections : S5.C.3.a.ii Public Involvement: No later than December 31, 2026, document methods used to identify overburdened communities. S5.C.4.b.iv.New Mapping: No later than December 31, 2028, using available, existing data map overburdened communities in relation to stormwater treatment and flow Scope of Work City of Renton 553-1779-893 NPDES Mapping Support 2 February 2025 control BMPs/facilities, outfalls, discharge points, and tree canopy on Permittee- owned or operated properties. Approach The City will provide Ecology-recommended resources and applicable City data for review; and will facilitate discussions with internal staff to collect information and solicit feedback. Parametrix will: 1. Develop a recommended methodology using one or more of the provided resources to identify approval. 2. Based on City input, Parametrix will develop a web-based GIS map of overburdened communities, including highly impacted communities. This task will include workshops moderated by Parametrix that will also support Task 3. These workshops are as follows: Workshop 1. Project Kickoff: Review a summary of the project, provide regulatory and policy background of the Permit requirement based on discussions with Ecology, and discuss recommended overburdened community and stormwater tree inventory methodology. Past overburdened community mapping from Renton and completed stormwater tree inventory mapping from other permittees will be presented as examples. We recommend the workshop include an introduction of stormwater tree management goals and policy considerations to highlight on how this mapping is generally intended to be used in the context of the Permit. Workshop 2. Provide preliminary overburdened community and stormwater tree mapping results. A link to a web map of the Renton draft overburdened community and stormwater tree mapping will be provided for City staff comments following the workshop. We recommend the workshop include further discussion of stormwater tree management goals and policy considerations to expand on how the City will use this mapping in the context of the Permit. Assumptions The focus of this task effort will be Provided resources for developing the overburdened communities methodology will be based on: Data used to create the Equity Dashboard for the 2023 Johns Creek Stormwater Management Action Plan public outreach story map. Ecology information references provided by the City that include but are not limited to: Washington State Department of Health Disparities and Environmental Opportunities Map US EPA Environmental Justice EJ Screen Climate Equity and Justice Screening Tool Scope of Work City of Renton 553-1779-893 NPDES Mapping Support 3 February 2025 City of Renton demographic information available at: https://www.rentonwa.gov/visitors/about_renton/demographics Additional City of Renton data based on internal staff discussions. All time for the City staff workshops is reflected in the Task 2 budget. Up to five (5) Parametrix staff members will attend each of the two (2) workshops, which are assumed to last up to two (2) hours each. The recommended methodology memorandum mayinclude input collected from the City staff during Workshop 1 and will therefore be completed after the workshop is held. Deliverables Recommended overburdened communities methodology memorandum (approximately 3-4 pages, not including attachments) as MS Word and PDF files documenting the resources and process used to identify overburdened communities. Web-based GIS map of overburdened communities, including highly-impacted communities. TASK 3 STORMWATER TREE GIS INVENTORY Measurable Objective This effort is intended to provide a storm and surface water-focused inventory of the existing tree canopy to aid in decision-making and support stormwater-tree-related data organization regarding the NPDES Permit Sections S5.C.4.b.ii and S5.C.4.b.iv: No later than December 31, 2026, using available, existing data, map tree canopy to support stormwater management on Permittee-owned or operated properties. Permittees shall develop and follow a methodology to intentionally identify canopy for stormwater management purposes, which may be updated annually or as needed. No later than December 31, 2028, using available, existing data map overburdened communities in relation to tree canopy on Permittee-owned or operated properties. Approach The City will provide past reports, GIS layers including tree canopy data, and other available data and will facilitate discussions with Community and Economic Development, Parks and Recreation, and Utility staff to collect information and solicit feedback. Parametrix will: 1. Develop a recommended methodology to identify canopy for stormwater management 2. Following approval of the methodology, Parametrix will conduct a GIS analysis of current stormwater tree canopy. 3. The mapping analysis will include (where information is available) overlays against publicly- owned land (provided by the City) and indicators of overburdened communities (developed in Task 2). Scope of Work City of Renton 553-1779-893 NPDES Mapping Support 4 February 2025 This task will include workshops moderated by Parametrix that will also support Task 2. Please see Task 2 for a description of the workshops. Assumptions Trees as municipal infrastructure provide benefits that include sequestering carbon, absorbing pollution, improving physical and mental health, providing habitat for plants and animals, providing shade and reducing heat, and intercepting rainwater to reduce runoff. The tree canopy analysis in this scope will focus on storm and surface water-related functions, mainly rainwater interception potential and riparian shading. Where possible, the analysis will be structured to facilitate collaboration with staff of other City departments who may be evaluating non-storm and surface water functions of tree canopy. This effort is expected to use relevant information from the City of Renton Urban Forestry Management Plan (Plan-It Geo et.al. 2022). Mapping of overburdened communities will be taken from Task 2 deliverables. This task effort does not include mapping related to the stormwater treatment and flow control BMPs/facilities, outfalls, and discharge points discussed in Permit Section S5.C.4.b.iv. Parametrix can provide services to map stormwater treatment and flow control BMPs/facilities, outfalls, and discharge points for additional scope and fee. All time for the City staff workshops is reflected in the Task 2 budget. The recommended methodology memorandum may include input collected from the City staff during Workshop 1 and will therefore be completed after the workshop is held. Deliverables Recommended stormwater tree inventory methodology memorandum for the (approximately 8-10 pages, not including attachments) as MS Word and PDF files. Draft web map of tree canopy layer for City review and comment. Copies of slides used in the workshops. Final GIS layer and spreadsheet file documenting the tree canopy inventory. Julie G. Brandt Paul S. Fendt Chad L. Tinsley Debra M. Fetherston Susan Swift Alix Strobeck Karissa Tuttle Jean N. Johnson Sr Engineer Sr Consultant Sr GIS Analyst Publications Supervisor Technical Editor Project Coordinator Project Accountant Sr Contract Administrator