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HomeMy WebLinkAboutAgenda AGENDA Utilities Committee Regular Meeting 4:00 PM - Monday, August 3, 2020 Video-conference 1. WSDOT Limited Access Right-of-Way Runoff Study a) AB - 2661 Utility Systems Division recommends approval to execute an agreement with Jacobs Engineering Group, Inc., in the amount of $170,009 for work associated with the WSDOT Limited Access Right-of-Way Runoff Impacts Characterization Study. 2. Emerging Issues in Utilities -Including Water System Plan Update AB - 2661 City Council Regular Meeting - 13 Jul 2020 SUBJECT/TITLE: Agreement with Jacobs Engineering Group, Inc. for the Washington State Department of Transportation Limited Access Right-of-Way Runoff Impacts Characterization Study RECOMMENDED ACTION: Refer to Utilities Committee DEPARTMENT: Utility Systems Division STAFF CONTACT: Gary Fink, Surface Water Utility Engineer EXT.: 7392 FISCAL IMPACT SUMMARY: Funding for this agreement in the amount of $170,009 is available from the Surface Water Utility Capital Improvement Program budget (427.475519) as adjusted in the 2nd quarter of 2020. The project is funded through stormwater fees paid by Washington State Department of Transportation for limited access right-of- way into the 407 Fund and subsequently transferred to the 427 Fund. WSDOT stormwater fee payments are projected to be approximately $192,000 over the term of this agreement. SUMMARY OF ACTION: The city currently charges surface water fees to WSDOT for the SR 167 and I-405 right-of-way within the city limits. RCW 90.03.525 allows local municipalities to charge stormwater fees for state limited access highways and was modified when Senate Bill 5505 was passed in 2019. The bill clarified the objectives of the Stormwater Management Funding and Implementation Program for highway related runoff problems and required charges paid by the state to local jurisdictions to be used solely for stormwater control facilities that directly reduce state highway runoff impacts or implementation of best management practices that will reduce the need for such facilities. A plan and progress report are required to be submitted annually for WSDOT to pay stormwater fees to the city. The city initially submitted a draft fee allocation plan on December 31, 2019 that was ultimately rejected by WSDOT. WSDOT recommended the city conduct a citywide study in 2020 to better understand drainage from WSDOT right-of-way, determining where there are drainage impacts, and identifying the need for facilities that directly reduce highway runoff impacts. WSDOT indicated that this study appears consistent with the objectives identified in RCW 90.78.010 and thus could be funded with highway stormwater fees. The Surface Water Utility has selected Jacobs Engineering Group, Inc. to perform the drainage study, with scheduled completion by end of 2021. This study will meet the intent of RCW 90.78.010 and enable the city to keep collecting a stormwater fee for SR 167 and I-405. The scope of the study consists of characterization of the runoff from limited access right-of-way away, identification of areas of significant impact and evaluation of improvements that would benefit both the city's drainage system and WSDOT. EXHIBITS: A. Agreement B. Vicinity Map STAFF RECOMMENDATION: AGENDA ITEM #1. a) Execute the agreement with Jacobs Engineering Group, Inc. in the amount of $170,009 for the WSDOT Limited Access Right-of-Way Runoff Impacts Characterization Study (SWP273077). AGENDA ITEM #1. a) AGREEMENT FOR WSDOT LIMITED ACCESS ROW RUNOFF IMPACTS CHARACTERIZATION STUDY SWP-27-3077 THIS AGREEMENT, dated June 1, 2020, is by and between the City of Renton (the “City”), a Washington municipal corporation, and Jacobs Engineering Group, Inc. (“Consultant”), a corporation. The City and the Consultant are referred to collectively in this Agreement as the “Parties.” Once fully executed by the Parties, this Agreement is effective as of the last date signed by both parties. 1. Scope of Work: Consultant agrees to provide Consulting Services as specified in Exhibit A, which is attached and incorporated herein and may hereinafter be referred to as the “Work.” 2. Changes in Scope of Work: The City, without invalidating this Agreement, may order changes to the Work consisting 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 Exhibit C or 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 B. All Work shall be performed by no later than December 31, 2021. 4. Compensation: A. Amount. Total compensation to Consultant for Work provided pursuant to this Agreement shall not exceed $170,009.00, 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 C. 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 C. 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 Work is performed, the Consultant shall submit a voucher or invoice in a form 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 AGENDA ITEM #1. a) PAGE 2 OF 10 such personnel. The Consultant shall also submit a final bill upon completion of all 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 Consultant’s performance 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 days’ notice to the Consultant in writing. In the event 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 AGENDA ITEM #1. a) PAGE 3 OF 10 and laws. Compliance with professional standards includes, as applicable, performing the 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. The City’s or other’s 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’s own expense, seek judicial protection. Consultant shall indemnify, defend, and hold harmless the City for all costs, including attorneys’ fees, attendant to any claim 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 AGENDA ITEM #1. a) PAGE 4 OF 10 during the period of the Work shall be that of an independent contractor, not 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 losses the City may sustain through the Consultant’s failure to do so. 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, taxes, losses, fines, fees, penalties, expenses, attorney’s or attorneys’ fees, costs, and/or litigation expenses to or 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 the City’s sole negligence. 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 estate…) 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, Consultant’s liability shall be only to the extent of Consultant’s negligence. AGENDA ITEM #1. a) PAGE 5 OF 10 It is further specifically and expressly understood that the indemnification provided in this Agreement constitute Consultant’s waiver of immunity under the Industrial 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: The City’s Code of Ethics and Washington State law prohibit City 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 with the City’s 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 Agreement, or evaluating the Consultant’s performance of the Work. 12. City of Renton Business License: The 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: http://www.rentonwa.gov/cms/One.aspx?portalId=7922741&pageId=9824882 Information regarding State business licensing requirements can be found at: http://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. "Professional 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. Workers’ compensation coverage, as required by the Industrial 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 AGENDA ITEM #1. a) PAGE 6 OF 10 limit, if there will be any use of Consultant’s vehicles on the City’s Premises by or on 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-contributory primary basis. The City’s insurance policies shall 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 Consultant to the coverage provided by such insurance or otherwise limit the City’s recourse to any remedy available at law or in equity. F. Subject to the City’s review and acceptance, a certificate of insurance showing the 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 Consultant’s reasonable control. When such delays beyond the Consultant’s reasonable control occur, 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. CITY OF RENTON Gary Fink 1055 South Grady Way Renton, WA 98057 Phone: (425) 430-7392 gfink@rentonwa.gov CONSULTANT Jesse Williams 1100 112th Ave NE, Suite 500 Bellevue, WA 98004 Phone: (425) 453-5000 Jesse.Williams@Jacobs.com AGENDA ITEM #1. a) PAGE 7 OF 10 17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational qualification, the Consultant agrees as follows: A. Consultant, and Consultant’s agents, employees, representatives, and volunteers 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. If the Consultant fails to comply with any of this Agreement’s non-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. 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 AGENDA ITEM #1. a) PAGE 8 OF 10 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. Consultant is responsible for his/her own Worker’s Compensation coverage as well as 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. The City’s project manager is Gary Fink. In providing Work, Consultant shall coordinate with the City’s contract 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. 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 Renton. Consultant and all of the Consultant’s employees shall perform the 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 AGENDA ITEM #1. a) PAGE 9 OF 10 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. A court of competent jurisdiction’s determination that any provision or 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 is essential to the Consultant’s performance of 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. M. Waivers. All waivers shall be in writing and signed by the waiving party. Either party’s 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. AGENDA ITEM #1. a) PAGE 10 OF 10 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:____________________________ Armondo Pavone Mayor Stacy L. Bumback Manager of Projects _____________________________ Date _____________________________ Date Attest _____________________________ Jason A. Seth City Clerk Approved as to Legal Form By: __________________________ Shane Moloney Renton City Attorney Contract Template Updated 03/12/2019 (clb 939/1226) AGENDA ITEM #1. a) Exhibit A Jacobs Engineering Group Inc. SCOPE OF WORK WSDOT Limited Access ROW Runoff Impacts Characterization Study FOR CITY OF RENTON May 15, 2020 Introduction The City of Renton (“City”) has requested Jacobs (“Consultant”) assist the City in developing a study of impacts of stormwater runoff from Washington State Department of Transportation (WSDOT) limited access right-of-way (LAROW). The study will identify where runoff from WSDOT LAROW enters the Renton system, identify system impacts from that ROW, and may prioritize watersheds for mitigation or may lead directly to concept development. This study will support the City’s 2020 Stormwater Utility Fee Allocation Plan. Background RCW 90.03.525 allows local municipalities to charge stormwater fees for State limited access highways and was modified when Senate bill 5505 was passed in 2019. The bill clarified the objectives of the Stormwater Management Funding and Implementation Program for Highway-Related Problems and required a 2020 Stormwater Utility Fee Allocation Plan (Plan) and progress report to be submitted to the Washington State Department of Transportation (WSDOT). The Plan and progress report are required for WSDOT to calculate and pay their stormwater fee to the utility in 2020. The City submitted a draft Plan on December 31st, 2019 proposing WSDOT fees for three stormwater projects pursuant to the qualifications of the revised RCW. However, clarifications from the State Attorney General’s Office required additional information to confirm that the projects directly reduced highway runoff impacts and therefore could be funded with highway stormwater fees. WSDOT recommended the City conduct a City-wide study in 2020 to better understand drainage from WSDOT LAJROW, determining where there are drainage impacts, and identifying the need for facilities that directly reduce highway runoff impacts. WSDOT indicated that this study appears consistent with the objectives identified in RCW 90.78.010 and thus could be funded with highway stormwater fees. Task 1. Project Management Perform project management, administration, and coordination of work effort involved in all phases and tasks. This task will continue throughout the duration of the project. It will include the work necessary to set up financial accounting, develop and implement quality procedures, perform overall project coordination with the CITY and project team, and project closeout. Invoices and progress reports will be provided to the CITY on a monthly basis. Monthly progress reports will include a summary of work performed by the CONSULTANT for that period and the work anticipated to be completed in the next period. Monthly progress phone calls between the CONSULTANT and the CITY will take place as needed to discuss project status and resolve any outstanding issues. AGENDA ITEM #1. a) QA/QC: Consultant shall conduct internal quality control regarding collection of data, map preparation, and all other tasks. Task 1 Assumptions • Project duration is assumed to be 19 months. • Neither a formal project management plan (PMP) or quality management plan (QMP) will be developed. Simple project instructions will be prepared for the team, and Jacobs best practices will be implemented for project and quality management. Task 1 Deliverables • Monthly Invoices and Progress Reports (sent electronically via e-mail) • 30-minute monthly phone call or email check-ins with the City project manager to report project status Task 2 WSDOT Limited Access ROW Characterization Consultant shall prepare a stormwater and catchment characterization of WSDOT Limited Access right-of-way (LAROW) within the City of Renton in accordance with SB 5505 (see background above). Work under this task shall include conducting a kickoff meeting, review of existing as-built plans (as available), limited field investigation (as required), review of current mapping of the WSDOT drainage system discharges to the City of Renton system and of downstream city-owned stormwater infrastructure and water bodies, and a summary of drainage impacts, issues and mitigation needs associated with runoff from WSDOT LAROW. Subtask 2.1 Kick-off Meeting Consultant shall prepare for and participate in a kick-off meeting with the City of Renton to define key objectives, milestones, scope of the study area and impacts evaluated and confirm the eligibility of projects, studies and activities that can be funded by WSDOT stormwater fees. Subtask 2.2 Review Existing Information Consultant shall review existing information, and conduct limited field investigation if necessary to confirm conditions, to characterize the drainage area from WSDOT LAROW within the City of Renton, identify downstream infrastructure and water bodies and characterize impacts and issues in the City of Renton system downstream from WSDOT LAROW. Information to be reviewed may include, but is not limited to: AGENDA ITEM #1. a) • GIS data, hosted in CORMaps • Existing Studies/Reports including relevant stormwater masterplans including the Renton Stormwater Master Plan • Existing Water Quality and Monitoring Data • Drainage Complaints • Spill Response Reports • WSDOT drainage reports and as-builts (limited review if required to determine type of existing flow control or water quality treatment facilities) Subtask 2.3 Stormwater System Mapping Consultant shall develop a GIS map of the WSDOT LAROW discharges to the downstream City of Renton system. Mapping shall include the following information if available: • WSDOT Areas receiving water quality treatment prior to discharge to the City system. If possible, the type or level of water quality treatment (basic, enhanced, etc.) will be listed. • Areas receiving flow control prior to discharge to the City system. If possible, the type or level of flow control (Peak, duration, etc.) will be listed. • General delineation of WSDOT catchments discharging to major receiving waters (i.e. Cedar River, Springbrook Creek, Lake Washington, City of Renton Stormwater system, etc.) • WSDOT areas discharging to City of Renton Stormwater Control or Treatment facilities. • Proximity of WSDOT discharge to known stormwater issues (i.e. localized flooding, erosion, spills, impaired waters, drainage complaints, etc.) Subtask 2.4 WSDOT Limited Access ROW Stormwater Discharge Characterization Technical Memorandum Consultant shall document the findings of Task 2 in a brief technical memorandum summarizing the data sources and gaps, methods and results of system mapping and a summary of key stormwater impacts or issues requiring mitigation. AGENDA ITEM #1. a) Task 2 Assumptions • As the precise number of drainage connections and stormwater facilities to be reviewed is unknown at this time, and the number of as-built plans and reports is also unknown, the level of detail of the review of existing information and the level of detail to describe known or suspected impacts will be adjusted as necessary to meet the overall Task budget. • WSDOT LAROW includes Interstate 405 and State Route 167 within City limits. • Field work will be limited to City of Renton ROW or real property and will not require access to flow control or treatment facilities located within WSDOT LAROW. • This task includes a project kick-off meeting at the CITY with two (2) CONSULTANT attendees, assuming Two (2) hours in length. • Maps will be developed using existing available data from City GIS, reports or basemap files. No additional potholing, surveying or GPS mapping will be conducted to develop maps. Critical discrepancies will be investigated upon approval of the City up to the budget provided herein or separately authorized. Non-critical and other data gaps will be documented in the technical memorandum. • No additional modeling or monitoring will be performed under this contract without separate authorization and change management. • Up to 84 hours are included in the budget to perform field work to confirm information gathered. • Up to 172 hours are included in the budget to review existing information. • Data collected will be collated into a SharePoint directory for transfer to the City. • GIS mapping data will be delivered electronically via a map package on ArcGIS Online. • Catchments less than 2 acres discharging to the local City of Renton Stormwater system may be combined and have limited detail given on delineation of the individual downstream systems. Task 2 Deliverables • WSDOT LAROW Stormwater System Discharge Map (sent electronically via e-mail or file transfer) AGENDA ITEM #1. a) • WSDOT LAROW Stormwater Discharge Characterization Technical Memorandum (Draft and Final, sent electronically via e-mail or file transfer) Task 3 Opportunities Analysis and Prioritization Work under Task 3 is described herein for budgeting purposes and will not commence until it has been authorized and approved by the City of Renton project manager upon completion of Task 2. Refer to Task 3 Assumptions stated below. Subtask 3.1 Solutions Toolbox Consultant will conduct a review of available stormwater Best Management Practice (BMP) technologies and summarize potential options for mitigating impacts of runoff from WSDOT LAROW in the context of the stormwater impacts, issues, and needs identified under Task 2. Consultant will coordinate with City of Renton Operations and Maintenance to confirm acceptable BMP maintenance activities and frequency. Subtask 3.2 Opportunities Map Consultant will prepare an Opportunities Map with GIS. Consultant will review the following information and identify potential opportunities to mitigate WSDOT impacts identified in Task 2:  Renton SW Master Plan/CIP projects  Renton Planning projects (incl. Transportation, Parks, Community Development, etc.)  Potential areas for infiltration  Open space or underutilized parcels Subtask 3.3 Prioritization Workshop Consultant will facilitate a workshop to identify prioritization. This workshop will present the WSDOT LAROW Stormwater System Discharge Map, summarize data available to be used in watershed or project prioritization, and identify a framework for prioritizing retrofit opportunities. AGENDA ITEM #1. a) Subtask 3.4 Detailed Subarea Plan Upon completion of Task 2, the Consultant may conduct a detailed subarea plan for a portion of WSDOT LAROW and the downstream City of Renton basin to prioritize the development of a capital improvement plan for future allocation of WSDOT stormwater fees. (For example, prepare a detailed subarea plan for the portion of basin in the proximity of I- 405 and SE 4th Avenue.) Subtask 3.5 Concept Design, Prioritization, Partnering and Funding Opportunities To facilitate and accelerate future implementation of projects utilizing WSDOT Stormwater Fees pursuant to SB 5505, the Consultant may conduct early prioritization of opportunities under this subtask, identify and coordinate opportunities for partnering with other private or public infrastructure projects to co-locate or cost share improvements, develop concept designs and cost estimates, and identify and apply for funding for future projects. Task 3 Assumptions • The precise work to be performed under Task 3 and associated level of effort is unknown until Task 2 is complete. An estimate of tasks and hours has been provided for budget purposes; scope and related level of effort will be reviewed with City of Renton staff and adjusted via an amendment if the current allocated budget is insufficient for the tasks or if different scope is desired by the City. Task 3 Deliverables • Stormwater Solutions Toolbox • Opportunities Map • Prioritization Workshop Agenda and Meeting Notes • Detailed Subarea Plan(s), as applicable • Concept Designs, as applicable • Technical memoranda documenting prioritization, partnering and funding opportunities, and recommended next steps Deliverables will be sent electronically via e-mail or file transfer depending on file size. AGENDA ITEM #1. a) General Assumptions Applicable to All Tasks 1. The City will be responsible for the timely collection of comments from reviewers, and resolving conflicting comments, and shall submit one set of consolidated comments to CONSULTANT for each deliverable. Comments will be provided within 2 weeks of submission and will be provided with comments or tracked changes in the native document or in a consolidated excel spreadsheets. CONSULTANT’S responses will be provided in the original comment document. 2. The City will provide legal, administrative, and financial review and support for documents developed prior to the use of such documents for submission to WSDOT or for use for future planning. The CONSULTANT is not the City’s legal advisor and cannot provide legal counsel to the City. 3. CONSULTANT will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by the City. CONSULTANT will keep the City informed on effects to the schedule. 4. CONSULTANT makes no warranty that the City’s actual cost, performance, or schedules will not vary from CONSULTANT’s opinions of cost, projections, or estimates. In providing opinions of stormwater impact, cost, stormwater mitigation, and schedules for the project, CONSULTANT has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by operating personnel or third parties; and other economic and operational factors that may materially affect the ultimate project cost, performance, or schedule. If the City wishes greater assurance as to any element of project cost, feasibility, or schedule, the City will employ an independent cost estimator, contractor, or other appropriate advisor. 5. CONSULTANT’s level of effort shall not exceed that provided in the Fee Estimate. 6. The full impact of the COVID-19 pandemic is not fully known at this time. The schedule and cost estimate for the work outlined in this proposal are based on typical project delivery estimates and assumptions without taking into consideration any schedule or cost impacts resulting from any COVID-19 federal, state, or local restrictions or guidelines. Any schedule delays or cost impacts resulting from COVID-19 restrictions will be assessed by the CONSULTANT and communicated to the City, and vice versa. 7. The City will prepare and submit the 2020 and subsequent Stormwater Utility Fee Allocation Plan as necessary. Neither preparation or submission of the Stormwater Utility Fee Allocation Plan is included in this scope of work. AGENDA ITEM #1. a) Exhibit B Jacobs Engineering Group Inc. ESTIMATED SCHEDULE The Estimated Schedule for WSDOT Limited Access ROW Runoff Impacts Characterization Study is: • Notice to Proceed –June 2020 • Phase 1: WSDOT Limited Access ROW Characterization – June 2020 to December 2020 • Phase 2: Opportunities Identification and Prioritization – January 2021 to December 2021 AGENDA ITEM #1. a) Exhibit C Jacobs Engineering Group Inc. FEE ESTIMATE Table 1 of this Exhibit C shows the basis for the CONSULTANT’S not-to-exceed fee estimate for the WSDOT Limited Access ROW Runoff Impacts Characterization Study. The CONSULTANT’S fee will be time and materials, with no mark-up on expenses. Table 2 shows the key CONSULTANT staff anticipated to work on the project. TABLE 1 Basis of CONSULTANT’S Fee Estimate for the WSDOT LAROW Runoff Impacts Characterization Study Labor Hours Labor Total Expenses Total Task 1 Project Management 74 $13,765 - $13,765 Task 2 WSDOT LAROW Characterization 660 $78,270 $300 $78,570 Task 3 Opportunities Analysis and Prioritization 608 $77,574 $100 $77,674 TOTAL 1,342 $169,609 $400 $170,009 TABLE 2 Key Consultant Staff Anticipated to Work on the WSDOT LAROW Runoff Impacts Characterization Study Jacobs Staff Project Role Jesse Williams, PE Project Manager/Study Lead Dustin Atchison, PE Principal, Advisor, QC Amy Carlson, PE Opportunities Prioritization AGENDA ITEM #1. a) 72,22412037 WSDOT LTD ACCESS ROW RUNOFF IMPACTS CHAR STUDY AREA This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. WGS_1984_Web_Mercator_Auxiliary_Sphere Notes None 6/15/2020 Legend 8185 4093 THIS MAP IS NOT TO BE USED FOR NAVIGATION Feet8185 Information Technology - GIS 0 RentonMapSupport@Rentonwa.gov City and County Labels City and County Boundary County Waterbody County Freeway County Admin Area Incorporated King County County Background RoadCenterline_72K Freeway, Ground Level Freeway, 1st Level Highway, 1st level Highway, Ground level Collector, Ground level Collector, 1st level Ramp, Ground Level Ramp, First Level Parking Lot Parking Walking Path Landscape Areas Sand Grass AirportPoly Renton Airport Runway Renton Municipal Airport WaterBodies Waterlines Pipe River Stream MDOW Hillshade High : 255 AGENDA ITEM #1. a)