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Home My WebLink AboutTask Order No. 10143 with Brown & Caldwell for Construction Stormwater Management Program~~i'~E IDIAN~-- PL1bi1C ~ D A H O Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Max .Jensen DATE: 11/6/09 Mayor Tamrny de Weerd CNy Cosm+stl Messabert~ Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: Task Order with Brown and Caldwell far Construction Stormwater Management Program FY 2010 Consulting, for the not to exceed amount of $25,000. This Task Order would be pursuant to the Master Agreement dated November 28, 200b, I. RECOMMENDED ACTION A. Move to: 1. Approve the Task Order with Brown and Caldwell to provide consulting services for the City of Meridian's Construction Stormwater Management Program, for an amount not to exceed $2$,000.00; and 2. Authorize the Mayor to sign the agreement II. DEPARTMENT CONTACT PERSONS Tom Barry, Director of Public Works 489-0372 Warren Stewart, PW Engineering Manager 489-0350 Max Jensen, Capital Projects Manager 489-0344 III. DESCRIPTION A. Background The City of Meridian's capital improvement construction projects must .meet. the Environment Protection Agency's guidelines listed in the Construction General Permit. If the guidelines are not met, EPA can impose fines up to $10,000 per day for violations. Page Y of 3 B. Proposed Project This Task Order with Brown and Caldwell will enable the City to remain compliant with the Environmental Protection Agency's Construction General Permit. Brown and Caldwell will provide consulting services in the folIawing areas; field implementation of Best Management Practices, review of Stormwater Pollution Prevention Plans (SWPPP) prepared by others, review of inspectors SWPPP reports, and develop SWPPP's for City projects. It is vital for the City to have the assistance of a consultant with a thorough knowledge of the EPA's regulatory requirements regarding storm water pollution. Brown and Caldwell's assistance will insure the City is in compliance with the EPA's rules and help to avoid potential fines. C. Consultant Selection Brown and Caldwell were originally selected by the City to prepare a Construction Stormwater Management Program. They have also been our Construction Stormwater Management Program consultant for the last 3 years. Continuing our relationship with them will bring consistencies to the implementation and enforcement of the program. IV. IMPACT A. Strate is Im act: This consulting work will conserve and protect our natural resources and will assist in keeping the City compliant with the EPA's Construction General Permit. B. Service/Delivery Impact: The consultant will assist the City in remaining compliant with the EPA's Construction General Permit. This will allow funds to be spent on improvements rather than fines. C. FiscalImnact: Project Costs Consultant Agreement $ 25,000 Project Funding Funding would come from the approved Surface Water / Stonmwater Consulting budget (O1-1840-55182) $ 25,000 Page 2 oj3 V. ALTERNATIVES The City could postpone this work until it hired the vacant Comprehensive SurfaceWater Program Administrator position. However, several storm water pollution prevention activities must take place prior to that position being tilled. These activities will necessitate the need for a consultant in the mean time. VI. TIME CONSTRAINTS Last years consultant agreement for starm water pollution prevention assistance has expired. Delaying an agreement to acquire these services in FY ZOIO would increase the City's exposure to EPA fines (up to $10,000 per day). It would also make it difficult to comply with all the requirements {dictated by the EPA} resulting. from the City's previous violation. VII. LIST l~F ATTACHMENTS Task Order 10143 with Brown and Caldwell for Construction Stormwater Management Program consulting Approved for Council Agenda: J o 0 Dat Pttge 3 of 3 ATTACHMENT A TASK ORDER NO.10143 CITY OF MERIDIAN (OWNER) AND BROWN AND CALDWELL (CONSULTANT} CITY OF MERIDIAN CONSTRUCTION STORMWATER MANAGEMENT tsR~RAM CONSULTING TASK ORDER NO. 10143 CITY OF MERIDIAN (OWNER] AND BROWN AND CALDWELL (CONSULTANT] This Task Order is issued by Owner and accepted by the Consultant pursuant to the muival promises, covenants and conditions contained in the Master Agreement between the above named parties dated November 28, 2006. CITY OF MERIDIAN CONSTRUCTION STORMWATER MANAGEMENT PROGRAM CONSULTING PURPOSE The Consultant's scope of services, time of completion and compensation are set forth in tlAttachment A°. Services shall generally be described as Consulfing Services. COMPENSATION The Not-To-Exceed amount for this Task Order No. 10143 is Twenty Five Thousand and 00/100 dollars ($25,000.00). CITY OF MERIDIAN CONSULTANT BY: ~~ ~ , , ~,,,,,,,, BY: TAMMY a ERD, .~+1~--~IRi~p~~'''%,,~ BRQ CAL WELL, ~` ~ ,~ ~ qq, ~, i~ ~\ ~ ~~ T si Attest: _ ~E1~L ~-pproved by City Council: YC HOLMAN, CI ~~Q,~~`~~` (Date) C~IXI East Rivcfpark lane, Suirc 2l0 19oise, Idaho 837t#i Tel: 208-336-23411 l+ac: 2118-344-OA25 wnvw. brownandcaldwcl I.mm October 6, 2009 Mr. Max Jensen City of Meridian Public Works Department 33 l ;ast Broadway t1venue, Suite 200 IVlcridian, Idaho 83642 54-09-051364.003 Subject: Amendment Request for Construction 5tormwater Management Plan Implementation, Storm Water. Management Technical Support, Stormwater Pollution Prevention flan Development and Review and 't'hird Party Reviews Dear Mr. Jensen: As part of our stormwater management support services, Brown and Caldwell has been developing Stormwater Pollution 1'rcvcntion Plans (SWPPPs), reviewing SWI'PPs, perfo2Yning'1'hird Party Stormwater Management Reviews to provide an independent perspective on the City of Meridian's (City's) compliance with the Construction C:eneral Permit (Clip), and providing technical support for the implementation of the Construction Stormwater Management flan (CSWMP). Thcsc services arc being performed under a contract signed on May 24, 2007 and amended November 20, 2007 and again on May 27, 2009. Based on conversations with the City and provisions in the existing contract, the current amendment fee of $15,000 for Project Management, SWPI'1' Reviews and Third Party Reviews was to be used on atime-and-materials basis and Brown and Caldwell was to notify the City when we were approaching the total budget. As of October 5, 2009, Brown and Caldwell has approximately $500 left in the contract. Because of the successful implementation of the overall CSWMI' completed in October 2007 and updated throughout 2008 and 2009, continuing SWPPP Rcvicws and 'T'hird Patty Reviews on every City Public Works project appears unwarranted. Instead, brown and Caldwell suggests the City limit SWPPI' Audits and Third Party Reviews to Iarge, complex projects with higher potential for instances of non-compliance. Determination of which projects meet these criteria will be done on a case-by-case basis collaboratively between the City and Brown and Caldwell. In addition to third party inspections on City projects, Brown and Caldwell completed the first Annual Report on City compliance in 2008. t~s part of this report, several recommendations were made on how to continue implementation of the program in 2009 along with suggested changes to the program to better meet compliance goals. A portion of the amendment budget will be allocated towards addressing these recommendations. Is' n y r r o n m e n t a t F. n g d n e e r .r e;~ C o n r tr ! t a n t t Mr. Max f ensen October G, 2009 Page 2 Ninally, as additional services were requested by the City under the existing amendment, Brown and Caldwell developed two project 5WPPPs for City projects. Based on the success of this process and the likelihood of additional projects in Fiscal Year 2010, we have included scope and budget for development of two SWI'Pl's as part of this amendment request 'Phis amendment to the original contract is being submitted for City approval to provide the following services. These services will be provided on projects chosen by the City and Brown and Caldwell that disturb one or more acres of soil and therefore, need to meet the reyuiremcnts of the CC;P. SCOPE OF WORK Task 1 -Project Management Brown and Caldwell's Project Manager will coordinate directly with the Project Manager for the City, as needed, to identify projects needing reviews, review the reports and budget status. Task 1 includes setting up the project budget and schedule and overall tracking of the work progress. It also includes tracking dates and times of on-site reviews for reporting purposes. Deliverables • Monthly invoice. Task 2 -Initial Review and Comment of Project SWPPP 'task 2 includes an initial thorough review of a project SWPPP with recommendations on how to address potential areas of non-compliance. Recommendations will come in the form of a comment spreadsheet that identifies specific areas that need correction or modification. The 5WPP1' review and comments will be completed within 3 days of receipt of the SWPPP. Deliverables • Excel spreadsheet with specific comments on recommended changes or modifications to ensure compliance with the CGP. Task 3 -Performance of Third Party Site Reviews Brown and Caldwell will perform third party construction site stormwatet reviews at projects so designated by the City. Prior to conducting any site review, the inspector will become Familiar with the project location and specifications that govern the construction site. Inspectors will conduct reviews of all construction sites in a professional manner and document all findings and recommendations within a technical memorandum. The reviews will be conducted using the following guidelines in accordance with the CSWMl': • Reviews shall be at least every 30 days. • If significant deficiencies are found, afollow-up review will occur within 7 days. • Provide to the C'aty and the Responsible Contractor within 48 hours of each review written findings and recommendations. • Upon review of the project SWPPP, provide to the City written findings of any necessary changes to the SWPPP or Best Management Practices (HMI's) within 48 hours. \\bcbuiU2\bcl\_pmp~rsals\fylll\051364.W3 mcd~ian stormwatcr 09-111\amrndmrnt to swppp 1U-5-09.doc Mr. Max Jensen October 6, 2009 Page 3 Brown and Caldwell will provide City management a copy of the review report in a technical memorandum format. While Brown and Caldwell can identify deficiencies and suggest solutions in the review report, the City is responsible for ensuring the deficiencies arc addressed by the Contractor. The City will provide the list of projects that are subject to review. The list of projects will be updated every 3 months by the City. Deliverables • Review reports to the City within 48 hours of the review. Task 4 -CSWMP Support Services Brown and Caldwell will provide support services to the City on technical and programmatic questions regarding the CSWMP and address potential changes to the plan as requested by the City. Specifically, this task will focus on pursuing recommendations presented in the first Annual Construction Stormwater Compliance Report. T'he recommendations to be pursued within this task will be determined based on conversations with City staff and what is feasible considering the amendment budget. Deliverables • Documentation associated with recommendations pursued by the City. Task S - As-Needed SWPPP Development Brown and Caldwell will develop 5WPPPs for projects so designated by the City. Coordination with the City and the prime contractor (Contractor) is critical when developing a SWPPP to meet all of the CC~P requirements. Brown and Caldwell will coordinate with the Contractor on the selection of appropriate BMPs for the project. The SWPPPs will be developed using the U.S. I/nvironmental Protection Agency (J/PA) template and will include the transmittal letters- from the United States Fish and Wildlife Service (L1S1~'WS} and the Idaho State Historic. Preservation Office (SHPU}. The final SWPPP will be completed within 7 days of receipt of the notice to proceed. Deliverables 90 percent complete Draft SWPPP for City and Contxactot Review. l~inaI SWPPP for City and Contractor certification. SCHEDULE The following presents a schedule to complete the tasks described in the scope of work. 1- Project Management Throughout the project , . 2 -Initial Review and Comment of Project SWPPP Whhin 3 days of receipt of the project SWPPP 3 - Performance of Third Party Site Reviews Qnce every 34 days with review findings returned within 48 hours 4 -CSWMP Support Services As-Needed from Notice to Proceed 5 -SWPPP Development As-Needed from Notice to Proceed \\UcboiU2\bcl\~roposals\fylU\051~G4.U03 meridian sturmwater U9-10\amendmcnt to n~v~p 10-S-U9.doc Mr. Max Jcnscn October 6, 2009 Page 4 FEE ESTIMATE The foIIowitxg table provides a summary fee estimate for the scope of services proposed in this amendment. The fee estimate is based on the assumptions developed from our conversations with City staff and our experience with other Third Party Review programs. 't'hese assumptions are presented in the following section. Brown and Caldwell proposes conducting this work on atime-and-materials basis not to exceed $25,000 with a multiplier of 3.2 applied to our direct Iabor rates and a 10 percent mark-up on materials and supplies used as part of this effort. 1-Project Management $1,500 2 -SWPPP Review and Comment of Project SWPPP $1,000 3 - Perftxmance of Third Parry Site Reviews $7,500 4 - CSWMP Support Services $5,000 5 -As-Needed SWPPP Development $10,000 Total $25,000 ASSUMPTIONS The following assumptions weze made in preparation of the scope of work and fee estimate: • C'.ity wiil provide a list of projects for which reviews are needed and an updated list every 3 months during project execution. • The P'ee Estimate assumes 't'hird Party Reviews, once e~rery 30 days, for two projects over the next 6 months. • "1'he Feel stimate assumes that SWPPPs will be developed for two to three projects over the next 6 months depending upon project complexity. • 't'he cost presented in the fee table is on a time-and materials basis, not to exceed $25,OU(). Should Brown and Caldwell approach the $25,000 budget for the project, we will notify the City and decide on requirements for additional funds, if needed. • The 't'hird Party Reviews will be conducted once every 30 days and again within 7 days if significant deficiencies are found. • Each review and follow-on report would require 5 hours, including travel time, plus materials. This number is conservative and could be less depending on the size and complexity of the site. For your convenience, we have prepared this Amendment in the form of a I.etterAgrecment to be performed under the Master Agreement dated November 28, 2006. Should you agree with this .Amendment Request, please sign both copies of this Letter Agreement Amendment and return one copy to G00 East Riverpark Lane, Suite 210,. Boise, Idaho 83706. `The other copy is for your files. \\bcbni02\bdLproporals\fytU\U51364.UU3 meridian ettarmwater tK)-1(1\amendment to svppp 10-5-U9.dc~r Mr. Max Jensen October 26, 2009 Page 5 Any questions concerning this proposal should be directed to Mr. Todd Glindeman at (208) 336-1340. Very truly yours, BROWN AND CALDWELL Jeffrey S. Johnson, Ph.D., P.G. Vice President i~~+~s- Todd S. Glindeman Project Manager JSJ:TSG:kw ACCEPTED BY THE CITY OF MERIDIAN By: Tammy de eerd, Mayor Attest• Jaycee Holman, City Clerk Approved by City Council: ~9 r ~' '': ~ Fo '9® COST 1S'~ • ~` ~' ,9 O~ ~~, ~s~''% CO(1 ~ `~,~~~~. ~°°°°rrrrnn nr~~~`~~ Date: ~ ~ " ~ C~ ~ m:\_proposals\fy10\051364.003 meridian stormwater 09-10\amendment to swppp 10-26-09.doc