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HomeMy WebLinkAbout5.231 Original ContractWITNESSETH: I. DESCRIPTION OF PROJECT AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF PORT ANGELES AND BROWN AND CALDWELL FOR STORMWATER MANAGEMENT PLAN G THIS AGREEMENT, made and entered into on thisc2' day of 1989, by and between the City of Port Angeles, hereinafter referred to as "the City," and Brown and Caldwell, a California corporation, hereinafter referred to as "Engineer." WHEREAS, the City has determined the need to prepare a Stormwater Management Plan; and WHEREAS, Engineer has available and offers to provide personnel and facilities necessary to accomplish the work within the required time; NOW, THEREFORE, the City and Engineer agree as follows: The City and Engineer agree that Project is as described in Exhibit A, entitled "Description of 'Project." If, during the course of the Project, the City and Engineer agree to changes in the Project, such changes shall be incorporated in this Agreement by written amendment. II. SCOPE OF ENGINEERING SERVICES Engineer agrees to perform those services described hereafter. Unless modified in writing by both parties, duties of Engineer shall not be construed to exceed those services specifically set forth herein. A. Planned Enaineerina Services- Engineer agrees to perform those planned tasks described in Exhibit B, entitled "Scope of Work." B. Special Enaineerina Services The City and Engineer agree that not all work to be performed by Engineer can be defined in detail at the time this Agreement is executed, and that incidental engineering work related to the Project and not covered in Exhibit B may be needed during performance of this Agreement. Such work shall be Agreement -Page 1 of 6 April 24, 1989 1 /804 /portang /ao ee /cp 6.231 classified as Special Engineering Services. Compensation for such services shall be as agreed to by the City and Engineer, and set forth in the written authorization for Special Services. Special services that may eventually be required and which are not covered in Exhibit A include, but are not limited to: 1. Applications for grant funding to any local, state, or federal agencies. 2. Geotechnical investigations. 3. Assistance to the City in arbitration or litigation. 4. Preparation for and participation in hearings before the Washington Department of Ecology, the U.S. Environmental Protection Agency, or other funding or regulatory agencies except as otherwise provided in the authorized scope of work. 5. Preparation for and attendance at meetings at request of the City in excess of the number of meetings defined in the scope of work. 6. Consultation or other services not otherwise provided in this Agreement. III. SCOPE OF CITY SERVICES The City agrees to provide facilities and equipment and to perform the following services: 1. Reviewing and, as appropriate, approving and paying progress payment requests. 2. Approving change orders for additional services. 3. Initiating City requested changes. 4. Providing available information related to the project, including documents, maps, flow monitoring records, rainfall records, as -built drawings and surveys of storm drainage facilities, water quality data, and complaint logs. 5. Provide supplemental field crews to locate and characterize storm sewer facilities beyond initial data gathering. 6. Purchase licenses for software necessary for City's ongoing use of study products. Agreement -Page 2 of 6 April 24, 1989 1 /804 /portang /agree /cp 7. Reviewing documents provided by Engineer in the course of the project, and participation in evaluating issues related to the project. The City shall appoint a City representative with respect to work to be performed under this Agreement. City's representative shall have complete authority to transmit instructions, receive information, and interpret and define the City's policies. Engineer shall be entitled to rely on representations made by the City's representative unless otherwise directed in writing by the City. IV. AUTHORIZATION, PROGRESS, AND COMPLETION In signing this Agreement, the City grants the Engineer specific authorization to proceed with work described in Exhibit B. The estimated date for completion is December 31, 1989. V. COMPENSATION For the services described in Exhibit B, the City agrees to pay, and the Engineer agrees to accept, compensation in accordance with Exhibit C. Compensation shall be billed monthly in summary form. Payment to Engineer is due upon presentation of invoice to the City. If payment is not made within 30 days, interest on the unpaid balance shall accrue beginning with the 31st day at the rate of 1.5 percent per month or the maximum interest rate permitted by law, whichever is less. Such interest is due and payable when the overdue payment is made. VI. RESPONSIBILITY OF ENGINEER Engineer is employed to render a professional service only, and any payments made to Engineer are compensation solely for such services rendered and recommendations made in carrying out the work. Engineer shall follow the practice of the engineering profession to make findings, provide opinions, make factual presentations, and provide professional advice and recommendations. VII. INDEMNIFICATION Engineer agrees to indemnify, defend, and hold the City harmless from and against any liability arising out of the sole negligent errors or sole negligent omissions of Engineer, its agents, employees, or representatives, in the performance of Engineer's duties under this Agreement. Agreement -Page 3 of 6 April 24, 1989 1 /804 /portang /agree /cp VIII. INSURANCE During the life of this Agreement, Engineer shall maintain the following minimum insurance: 1. Comprehensive general liability insurance, including personal injury liability, blanket contractual liability, and broad form property damage liability coverage. The combined single limit for bodily injury and property damage shall be not less than $1,000,000. 2. Automobile bodily injury and property damage liability insurance covering owned, non owned, rented, and hired cars. The combined single limit for bodily injury and property damage shall be not less than $1,000,000. 3. Statutory workers' compensation and employer's liability insurance as required by the State of Washington. 4. Professional liability insurance. The limit of liability shall be not less than $1,000,000. The Engineer shall submit to the City certificates of insurance for the policies listed above. The certificates shall provide that the insurance company give written notice to the City at least 10 days prior to cancellation of or any material change in the policy. IX. SUBCONTRACTS Engineer shall be entitled, to the extent determined appropriate by the City, to subcontract portions of the work to be performed under this Agreement. Subcontractors will be employed as acceptable to the City. Engineer shall be responsible to the City for actions of persons and firms performing subcontract work. X. ASSIGNMENT This Agreement is binding on the heirs, successors, and assigns of the parties hereto. This Agreement may not be assigned by the City or Engineer without prior, written consent of the other. XI. INTEGRATION This Agreement represents the entire understanding of the City and Engineer as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered herein. This Agreement may not be modified or altered except in writing signed by both parties. Agreement -Page 4 of 6 April 24, 1989 1 /804 /portang /agree /cp XII. JURISDICTION This Agreement shall be administered and interpreted under the laws of the State of Washington. Jurisdiction and venue of any litiga- tion arising from this Agreement shall be exclusively in the Superior Court of the State of Washington in and for Clallam County. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said laws, but the remainder of this Agreement shall be in full force and effect. XIII. SUSPENSION OF WORK The City may suspend, in writing, all or a portion of the work under this Agreement if unforeseen circumstances beyond the City's control make normal progress of the work impossible. Engineer may request that the work be suspended by notifying the City, in writing, of circumstances that are interfering with the normal progress of work. Engineer may suspend work on Project in the event the City does not pay invoices when due. The time for completion of the work shall be extended by the number of days work is suspended. If the period of suspension exceeds 90 days, the terms of this Agreement are subject to renegotiation, and both parties are granted the option to terminate work on the suspended portion of Project in accordance with Article XIV. XIV. TERMINATION OF WORK The City may terminate all or a portion of the work covered by this Agreement for its convenience. The City or Engineer may terminate work if the other party fails to perform in accordance with the provisions of this Agreement by providing 15 days prior, written notice to the other by certified mail with receipt for delivery returned to the sender. In the event of termination, Engineer shall perform such additional work as is necessary for the orderly filing of documents and closing of Project. The time spent on such additional work shall not exceed 10 percent of the time expended on Project prior to the effective date of termination. Engineer shall be compensated for work performed prior to the effective date of termination, plus work required for filing and closing as described in this Article. XV. ARBITRATION All claims, disputes, and other matters in question between the parties to this Agreement arising out of or relating to this Agreement or the breach thereof, which are not disposed by mutual agreement, may be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association. No arbitration arising out of or relating to this Agreement shall include any person not a party Agreement -Page 5 of 6 April 24, 1989 1 /804 /portang /agree /cp to this Agreement except by written consent signed by the parties hereto and persons to be joined. This agreement to arbitrate shall be specifically enforceable under prevailing arbitration law. Notice of request for arbitration shall be filed in writing with the other parties to this Agreement and with the American Arbitration Association. The request shall be made within a reasonable time after the claim, dispute, or other matter in question has arisen, but in no event after the date when the institution of legal or equitable proceedings would be barred by the applicable statute of limitations. The award rendered by the arbitrators shall be final, and judgment may be entered in accordance with applicable law in any court having jurisdiction. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in triplicate by their respective authorized officers or representatives. BROWN AND CALDWELL By: $44 J k Warburton ce President Date: 4/ 25/g9 Agreement -Page 6 of 6 April 24, 1989 CITY OF PORT ANGELES By: Title: /iflYO,e ti Date: 4 d 9 Attest: City Clerk APPROVED AS TO FORM: Ca_ y Attorney 1 /804 /portang /agree /cp Exhibit A -Page 1 of 2 April 24, 1989 EXHIBIT A CITY OF PORT ANGELES STORMWATER MANAGEMENT PLAN DESCRIPTION OF PROJECT The Project will produce a Stormwater Management Plan that moves the City to a proactive response to stormwater management. This will be achieved by: Development of a technical document integrated with the City's CSO program that identifies the specific facilities that will address immediate problems, accommodate future development, and encompass the environmental and water quality objectives. Adoption of clear policies that provide definition of responsibilities and goals of the community and the City. Development of a computer -based hydrologic /hydraulic model that will be a useable tool for City engineering staff design and review. Adoption of drainage design criteria and manual that ensure developer implemented drainage facilities are integrated into the City -wide drainage program. Recommendation of a funding program to pay for capital improvements, program management, and operation and maintenance. Gaining community and City Council support and acceptance of the program. The work products of the project will be: 1. The Stormwater Management Plan document, summarizing the results of the engineering analyses and the proposed system recommendations. 2. Design criteria issue paper recommending the requirements by which development projects and other projects affecting drainage should be designed. 3. Electronic database for hydrology and storm drain system analysis via the HYDRA program. Program will be accompanied by the data base which will include the drainage facilities analyzed in preparing Stormwater Management Plan document. 1 /804 /portang /exhib -a /cp 4. Drainage facility mapping data base compatible with the City's engineering computer facilities, delineating the major drainage basins in the City and their respective primary conveyances. Exhibit A -Page 2 of 2 April 24, 1989 1/804/portang/exhib-a/cp EXHIBIT B CITY OF PORT ANGELES STORMWATER MANAGEMENT PLAN SCOPE OF WORK Planned engineering services to be performed under this Agreement comprise and are limited to those specifically set forth in this exhibit. These services cover: (1) defining existing conditions and plan objectives; (2) inventory and mapping of existing facilities; (3) hydrologic /hydraulic computer modeling; (4) evaluating improvement alternatives; (5) preparing a financing strategy; (6) public participation; (7) preparing design criteria; (8) preparing a recommended plan; (9) study documentation; and (10) project management. Task 1: Define Existing Conditions and Plan Objectives Objective. Define existing drainage conditions, the problem statement, and the objectives of the project. Approach. The focus of this task is to define what is known, what needs to be identified, and to confirm the allocation of overall effort to successfully meet the project goals. Definition will be achieved by interviewing City staff, City officials, knowledgeable citizens, and reviewing published information. Specifically the following will be accomplished: 1.1 Engineer will prepare guidelines for the City representative to use in conducting interviews with City engineers, maintenance supervisors, and planners regarding storm drainage facility planning, design, and maintenance. City representative will forward responses to Engineer. 1.2 Review of the assumptions and conclusions of previous City drainage projects. City will compile previous drainage project data for review by Engineer. 1.3 Field inspection of problem areas accompanied by members of the City Public Works Department. Define problems in terms of source of flows and bottlenecks (limited capacity, ongoing maintenance, etc.). 1.4 Review of claims, property owner concerns, and documented flooding problems on record with the City for correlation with item 1.3 above. City to compile documentation for Engineer review. Exhibit B -Page 1 of 10 April 24, 1989 1 /804 /portang /exhib -b /cp 1.5 Determine stream level data and other runoff /drainage data (if any) developed by other agencies. 1.6 From items 1.1 and 1.3 above: a. Identify sensitive ecological areas (i.e. streams and steep slopes), fishery issues, and the City's current environmental policies. City staff will identify on a map known wetlands, steep slopes, streams, ponds, springs, and other riparian areas. b. Identify the level of storm drainage system maintenance and the potential benefits of more intensive maintenance efforts. 1.7 Review existing drainage related procedures for developers and interview City permit coordinators for their input. 1.8 Identify future land use documentation and related planning documents, including the City's Comprehensive Plan, Shoreline Management Master Program, and City development policies. This data will be extracted from ongoing wastewater engineering efforts. 1.9 Identify historic rainfall intensity /frequency /depth data. This data will be extracted from ongoing wastewater engineering efforts. Product. Inventory of available existing information, identification of drainage problems, problem statement, and definition of the program objectives. Task 2: Inventory and Maooina of Existina Facilities Objective. To inventory and map the existing storm drain trunk facilities. Auproach. The inventory and mapping will focus upon the primary trunk conveyance, natural drainage, and storage facilities within the drainage basins. The criteria for establishing which facilities are mapped and inventoried will be those facilities which are necessary to model the drainage consistent with a planning level study. 2.1 All existing storm drain system facilities maps and information will be identified (200' scale map and sewer cards). All information to be made available to Engineer by the City. 2.2 Storm drain facilities will be categorized into: Exhibit B -Page 2 of 10 April 24, 1989 1 /804 /portang /exhib -b /cp a. Manmade storm sewer systems, by diameter and length, catch basins, manholes, ditches, culverts, retention basin (number /size), and outfalls (number, diameter, elevation, length /discharge location). b. Natural drainage systems, including streams, ponds, wetlands. 2.3 Existing 200 -scale manuscripts will be electronically converted to AutoCAD Release 10 by Walker and Associates, Inc., and edge matched to form the base map for the study. Facility mapping system software, compatible with AutoCAD will be purchased. The software, FMS /AC, will provide a facility database integrally linked to the CAD base map. The FMS /AC software is available in various templates for storm drains, streets, land parcels, sewer, water, gas, etc. facilities. The storm drain, streets and land parcel templates will be purchased separately by the City to complete the work. The contour resolution will be five feet. An evaluation will be made regarding the workable scale of individual indexed map sheets. Additional annotation beyond what is required to complete this study or other information layers available through Walker may be purchased separately by the City. Indexed map sheets will be developed and used by field crews to locate drainage facilities throughout the study area. Field crews will concurrently gather information regarding the storm drain network, i.e., line size, invert depths, and reach lengths. Man -hole rim elevations will be interpolated from map contours by Engineer. Line slopes will be calculated from the above information. Field crews will mark up map sheets for digitizing by Engineer. The City will provide staff for 40 hours of digitizing to assist the project effort and to familiarize them with the database system. The information provided on these map sheets will become the source of data for later facility database development. 2.4 From the information gathered in Task 2.3 the storm drainage system will be digitized onto the index map sheets and appropriate description annotation included on the drawing. Layering convention and symbology will be consistent with FMS /AC software requirements. Non graphic utility data will be entered as attributes for post- conversion to the facility inventory data base. 2.5 Areas served by street with curb and gutters will be identified. Exhibit B -Page 3 of 10 April 24, 1989 1 /804 /portang /exhib -b /cp 2.6 Areas served by combined sewer will be identified. 2.7 Develop facility inventory database to be compatible with the City's engineering computer facilities. 2.8 Draft drainage maps will be reviewed with City staff prior to finalization. Product. Existing storm drainage facilities inventory, database, base map, and map sheets. Task 3: Hydrologic /Hydraulic Computer Model Ob1ective. Develop a hydrologic /hydraulic drainage model from the updated system data base, including topographical mapping, land use, rainfall assumptions, environmental/ sensitivity issues, and drainage facility data. Approach. To allow efficient evaluation of drainage alternative analysis and to size drainage facilities, a computer based hydraulic model will be developed. The use of computer modeling affords the opportunity to efficiently evaluate a wide range of storm characteristics, future land use alternatives, and drainage solutions. Drainage basins will be identified from the topographical information and drainage facilities as -built data. Storm runoff parameters for existing conditions will be developed based on slope, land use and characteristics of the conveyance system. Existing aerial photographs will be used to estimate percent impervious levels for existing conditions; planning department data will provide the basis for one future development scenario. The program HYDRA will be used for analysis of runoff and conveyance systems. The program will be used to simulate stormwater runoff from the City's drainage basins to the major streams and the harbor /strait. The streams themselves and culverts they pass through will not be modelled. The runoff hydrographs will be routed through the City's drainage facilities. The City will separately purchase the HYDRA software for later use. Stormwater runoff will be modeled for 2 10 25 and 100 -year frequency storm events to be agreed upon jointly by the City and Engineer prior to modeling activities. Areas of inadequate hydraulic capacity will be identified. Confirmation of actual basin conditions with the simulation of a storm that is known to have caused flooding will provide adequate calibration of the model and give enhanced confidence in its use a prediction of future conditions. Documentation will be provided in the form of a sub catchment map, drainage element map, table of Exhibit B- -Page 4 of 10 April 24, 1989 1 /804 /portang /exhib -b /cp characteristics, and computer files that can be updated by City staff. Product. PC -based hydrologic /hydraulic model (HYDRA) data base customized for Port Angeles, compatible with the City's engineering computer facilities, and usable as a planning tool for the report and as a management tool for City staff. Task 4: Identify and Evaluate Drainacre Alternatives Ob To identify drainage options, including developer systems, additional capital facilities, incorporation of natural drainage courses, and non structural solutions, and evaluate them in terms of cost and effectiveness to allow selection of the preferred option. Approach. Alternatives will be evaluated on a basin -by -basin approach to address known and identified existing drainage problems and to identify ultimate development alternatives of the storm drain system within the City's current city limits. For areas beyond the city limits which could possibly drain to the City system but for which City planners do not have accurate development projections, modeling will be limited. Flows from these areas will be addressed through proper developmental design guidelines in the Stormwater Management Design Manual (Task 7). Unit costs for capital and O &M will be developed for cost estimating purposes. 4.1 Developer options proposed may include limitations on maximum lot coverage, construction of on -site retention and /or regional detention systems, financial assessments for funding regional retention and /or conveyance systems. 4.2 Existing system improvements obtainable through enhanced maintenance will be identified. 4.3 City -owned capital structural options proposed may include conventional storm sewers, facilities to reduce peak flows, including subgrade and surface detention facilities and wetlands, and facilities to increase peak conveyance capacity, including ditches and channels, improvements to natural drainage courses, and culvert upgrades. 4.4 Each alternative will be developed to a conceptual design level, and a description of each alternative will be prepared. From the conceptual design, quantity takeoffs will be prepared as a basis for cost estimating. The cost estimate will include right -of -way acquisition, engineering, construction, and annual cost of maintenance. Exhibit B -Page 5 of 10 April 24, 1989 1 /804 /portang /exhib -b /cp 4.5 In addition to the hydraulic performance, the environmental impacts /benefits of proposed alternatives will be identified. The plan will prescribe methods of modulating flows and articulate cohesive policies aimed at enhancing water quality, habitat, soil consideration, and sediment control and controlling illicit use of storm drains (sump oil disposal, etc.). Potential fish impacts will be identified through coordination with appropriate agencies for in- stream flood control alternatives. 4.6 On a basin -by -basin analysis, alternatives will be compared based on cost factors (capital cost, annual O &M cost, present worth, contribution of private sector, and city costs) and environmental factors (compatibility with city objectives, and enhancement of beneficial uses) 4.7 From the above analysis, recommended drainage alternatives by basin will be identified. Product. Recommended drainage alternatives encompassing structural and non structural options, developer contribution, capital and O &M cost estimates and identified environmental impacts. Task 5: Financing Strateav Oblective. Development of a financing strategy that is implementable by the City Council, acceptable to the majority of City residents, and provides sufficient funds to implement the recommended capital projects and operate and maintain the drainage network. Approach. 5.1 Current drainage expenditures will be identified, including contribution from the streets and water /sewer funds. Future service levels will be delineated and the range of costs will be estimated and projected. 5.2 Working with City staff, alternative funding options will be identified, including: a. drainage utility options (simple to complex); b. increased contribution from streets or water /sewer funds or the general fund; c. use of special taxes such as the excise tax or sales tax option; Exhibit B -Page 6 of 10 April 24, 1989 1 /804 /portang /exhib -b /cp d. grants and loans; e. LIDs; and f. developer contributions. 5.3 The funding alternatives will be evaluated based on consideration of total revenues, administration costs, community acceptance, equity, and resulting service levels. 5.4 From items 5.1, 5.2, and 5.3 above, a mix of up to three alternatives will be selected for review by the Utility Advisory Committee, city officials, and the community at- large. 5.5 From item 5.4 above, a specific financing strategy will be recommended for adoption. Product. Documentation of current and future expenditures; analysis of funding options; implementation potential; and recommendation of a preferred strategy. Task 6: Public Participation Oblective. Implementation of the Stormwater Management Plan requires that veto groups be informed to achieve community acceptance. By meaningful involvement with the staff and representatives of City departments, Utility Advisory Committee, City Council, the public, and focused attention to special interest groups, this objective can be achieved. Approach. Involvement in discussions regarding the problem statement definition, environmental priorities, establishment of program goals, and selection of financing strategies. Informing public of project purpose and results. 6.1 Attendance by Engineer staff at Utility Advisory Committee meetings and City Council meetings at key points throughout the program and as necessary to secure final adoption of the Stormwater Management Plan. Attendance at two Committee and two Council meetings is anticipated. 6.2 Press releases and information documents will be provided at key points in the program to ensure well informed reporting. Two press releases are anticipated. 6.3 Attendance by Engineer staff at one public hearing to provide the community at large with an opportunity to hear progress on the Stormwater Management Plan. Attendance at one public hearing is anticipated. Exhibit B -Page 7 of 10 April 24, 1989 1 /804 /portang /exhib -b /cp Product. A broad spectrum constituency that will support implementation of the Stormwater Management Program. Task 7: Stormwater Management Desicin Criteria Oblective. To define the design criteria to be used for sizing either private developer or City sponsored storm drainage facilities. Approach. The controlling element of the size, and therefore the cost, of drainage facilities is the design storm or storms that are selected. For Port Angeles it will be important to select design storms that are representative of local rainfall characteristics, reflect the local drainage characteristics and result in facilities that perform adequately, balanced by financial practicalities. 7.1 From review of Task 4, the hydraulic, sizing and cost impacts of the various return frequency storms will be identified. This data will be reviewed with City engineering staff to select appropriate design storms. If appropriate, different storm durations may be selected for conveyance versus storage for problem and developer discussion. 7.2 The values selected from item 7.1 will be presented along with values adopted by other Western Washington cities; an explanation of differences (if any) will be provided. 7.3 From existing design manuals and publications, appropriate criteria and methods will be identified for potential adoption by the City. Product. Issue paper recommending design criteria for storm drainage facilities. Task 8: Recommended Plan Ob To prepare the Recommended Plan, which will include the facilities identified in Task 4, storm drainage facilities design criteria, a financing strategy, a staffing plan, and the implementation steps for program adoption. Approach. 8.1 Recommended facilities identified in Task 4 encompassing both structural and non structural options will be documented. Exhibit B -Page 8 of 10 April 24, 1989 1/804/portang/exhib-b/cp 8.2 Example model ordinances and regulations containing provisions relevant to the stormwater management design criteria will be provided. Drainage ordinances and management policies from other agencies will be reviewed for applicability. Ordinances may include development constraints, temporary erosion control regulations, clearing and grading requirements, limits on runoff peak rates, basis for on -site storage sizing, and /or financial contributions to the City drainage capital fund. A summary of ordinance recommendations with example documents will be provided. 8.3 Institutional structures for implementation of the recommended plan will be presented. A specific maintenance and operations program will be developed for the recommended plan. A Capital Improvement Program (CIP) that provides an adequate drainage system for the study area will be developed and prioritized. 8.4 The financing selected as the preferred strategy from Task 5 will be summarized and a specific finance program to implement the recommended plan will be developed. The selected financing method and level of funding will control the CIP schedule. Product. Recommended drainage improvements with costs. Institutional structures and staffing recommendations summary. Recommended draft ordinances and stormwater runoff policies. A financial plan specifying how plan facilities would be funded. A capital improvement program. Implementation plan for adoption of the above elements. Task 9: Study Documentation Purpose. The work effort and recommendations of the study will be documented in a report. Approach. Engineer will prepare a draft drainage planning report containing the results of investigations, recommendations, conclusions, discussion of findings, recommended physical improvements listed according to priority, illustration graphs and charts, ordinances, financing strategy, and operation and maintenance staffing for the recommended drainage plan. Fifteen (15) draft copies of the report will be submitted to the City and affected agencies for review and comment. A final report incorporating the comments will be prepared, printed, and twenty (20) final copies submitted. The computer modelling diskette and users manual will be provided separately. Examples of SEPA checklists developed for other stormwater plans will be furnished for the City's use in preparing a plan level SEPA checklist and determination. Exhibit B -Page 9 of 10 April 24, 1989 1 /804 /portang /exhib -b /cp Product. A final Stormwater Management Plan, hydrologic/ hydraulic model for the City of Port Angeles, and example checklists. Task 10: Proiect Manacement Purpose. To ensure the efficient utilization of the team resources to accomplish a quality product, and to maintain regular program communications with the City's project manager. Approach: 10.1 Development of a detailed work plan including task scope description, budget, schedule, milestones, and product deliverables. 10.2 Utilization of a weekly progress monitoring system that tracks expenditures and product completion. 10.3 Delivery of monthly status reports. 10.4 Management of staff resources to assure timely product generation and response. 10.5 Attendance at regular meetings with the City's representative. Four regular meetings are anticipated. Product. Efficient and timely utilization of resources in the accomplishing of a quality product within budget and schedule, communicated on a monthly basis through preparation of itemized cost and progress reports. Exhibit B -Page 10 of 10 April 24, 1989 1 /804 /portang /exhib -b /cp Compensation for services provided under Article II, "Scope of Engineering Services," and described in Exhibit B, shall be based on direct labor costs plus indirect labor costs, plus direct expenses, plus a fixed fee, as described in this Exhibit. The fixed fee includes state and federal income taxes, plus profit. I. DIRECT LABOR COSTS Direct labor costs shall be the total hours worked on the Project by each employee, multiplied by the employee's hourly salary rate. II. INDIRECT LABOR COSTS Indirect labor costs shall be the product of all direct labor costs multiplied by a factor of 1.85. III. DIRECT EXPENSES EXHIBIT C CITY OF PORT ANGELES STORMWATER MANAGEMENT PLAN COMPENSATION Direct expenses are charges, other than those included in direct and indirect labor costs, incurred directly for Project. Direct expenses incurred by Engineer shall be billed at actual purchase price plus a service charge of 10 percent. Subcontracted services shall be billed at cost plus a service charge of 10 percent. Direct expenses include, but are not limited to: 1. Services and equipment use directly applicable to Project such as special accounting services, computer and electronic data processing, field testing, and laboratory analysis. 2. Reproduction services directly applicable to Project such as reproducing drawings, photocopying, printing, and binding. 3. Communication services directly applicable to Project such as telephone, telecopy, telegraph, cable, express delivery, and postage. 4. Subcontracted services directly applicable to the Project. Exhibit C -Page 1 of 2 March 17, 1989 1 /804 /portang /exhib -c /cp 5. Living and traveling expenses of employees when away from home office on business directly applicable to Project. 6. Automobile mileage directly applicable to Project at the rate of $0.25 per mile. 7. Computer use at a rate of $10.00 per hour. 8. Word processing equipment at a rate of $10.00 per hour. IV. FIXED FEE The fixed fee shall be $7,805. There shall be no modification of this price unless this Agreement is amended to change the scope of engineering services, or unless authorization for the work is delayed more than six months. V. LIMITATION OF COST AND TIME For the time and expense portion of Engineer's compensation, Engineer estimates that the cost for services described in Exhibit B shall not exceed $81,938, and that the time for completion of Project shall be as stated in the Agreement. Engineer shall use its best efforts to perform the work specified in Exhibit B within the estimated cost and time. If at any time Engineer believes the cost shall be greater than estimated, Engineer shall notify the City in writing. The notification shall state the revised cost estimate and, if applicable, the revised time for completion. Engineer shall submit such notification to the City as early as possible, but no later than 15 days prior to scheduled completion of the work. The City shall not be obligated to reimburse Engineer for costs incurred in excess of the estimated cost unless the City agrees in writing to do so. Engineer shall not be obligated to continue performance under this Agreement or otherwise incur costs in excess of the original estimate unless and until the City notifies Engineer in writing that the estimated cost has been increased. If additional funds and time adjustments are not allotted by the scheduled completion date, the City shall, on written request by Engineer, terminate this Agreement. The termination date shall be the originally scheduled completion date or other date agreed to by the City and Engineer. VI. PAYMENT OF COMPENSATION Charges determined on the basis of this Exhibit shall be billed in accordance with Article V of this Agreement. Exhibit C -Page 2 of 2 March 17, 1989 1/804/portang/exhib-c/cp THIS AGREEMENT, made and entered into on this c)' day of 1989, by and between the City of Port Angeles, here referred to as "the City," and Brown and Caldwell, a California corporation, hereinafter referred to as "Engineer." WITNESSETH: AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF PORT ANGELES AND BROWN AND CALDWELL FOR STORMWATER MANAGEMENT PLAN WHEREAS, the City has determined the need to prepare a Stormwater Management Plan; and WHEREAS, Engineer has available and offers to provide personnel and facilities necessary to accomplish the work within the required time; NOW, THEREFORE, the City and Engineer agree as follows: I. DESCRIPTION OF PROJECT The City and Engineer agree that Project is as described in Exhibit A, entitled "Description of 'Project." If, during the course of the Project, the City and Engineer agree to changes in the Project, such changes shall be incorporated in this Agreement by written amendment. II. SCOPE OF ENGINEERING SERVICES Engineer agrees to perform those services described hereafter. Unless modified in writing by both parties, duties of Engineer shall not be construed to exceed those services specifically set forth herein. A. Planned Encrineerina Services Engineer agrees to perform those planned tasks described in Exhibit B, entitled "Scope of Work." B. Special Enaineerina Services The City and Engineer agree that not all work to be performed by Engineer can be defined in detail at the time this Agreement is executed, and that incidental engineering work related to the Project and not covered in Exhibit B may be needed during performance of this Agreement. Such work shall be Agreement -Page 1 of 6 April 24, 1989 1 /804 /ponang /agree /cp 5,231 classified as Special Engineering Services. Compensation for such services shall be as agreed to by the City and Engineer, and set forth in the written authorization for Special Services. Special services that may eventually be required and which are not covered in Exhibit A include, but are not limited to: 1. Applications for grant funding to any local, state, or federal agencies. 2. Geotechnical investigations. 3. Assistance to the City in arbitration or litigation. 4. Preparation for and participation in hearings before the Washington Department of Ecology, the U.S. Environmental Protection Agency, or other funding or regulatory agencies except as otherwise provided in the authorized scope of work. 5. Preparation for and attendance at meetings at request of the City in excess of the number of meetings defined in the scope of work. 6. Consultation or other services not otherwise provided in this Agreement. III. SCOPE OF CITY SERVICES The City agrees to provide facilities and equipment and to perform the following services: 1. Reviewing and, as appropriate, approving and paying progress payment requests. 2. Approving change orders for additional services. 3. Initiating City requested changes. 4. Providing available information related to the project, including documents, maps, flow monitoring records, rainfall records, as -built drawings and surveys of storm drainage facilities, water quality data, and complaint logs. 5. Provide supplemental field crews to locate and characterize storm sewer facilities beyond initial data gathering. 6. Purchase licenses for software necessary for City's ongoing use of study products. Agreement- -Page 2 of 6 April 24, 1989 1 /804 /portang /agree /cp 7. Reviewing documents provided by Engineer in the course of the project, and participation in evaluating issues related to the project. The City shall appoint a City representative with respect to work to be performed under this Agreement. City's representative shall have complete authority to transmit instructions, receive information, and interpret and define the City's policies. Engineer shall be entitled to rely on representations made by the City's representative unless otherwise directed in writing by the City. IV. AUTHORIZATION, PROGRESS, AND COMPLETION In signing this Agreement, the City grants the Engineer specific authorization to proceed with work described in Exhibit B. The estimated date for completion is December 31, 1989. V. COMPENSATION For the services described in Exhibit B, the City agrees to pay, and the Engineer agrees to accept, compensation in accordance with Exhibit C. Compensation shall be billed monthly in summary form. Payment to Engineer is due upon presentation of invoice to the City. If payment is not made within 30 days, interest on the unpaid balance shall accrue beginning with the 31st day at the rate of 1.5 percent per month or the maximum interest rate permitted by law, whichever is less. Such interest is due and payable when the overdue payment is made. VI. RESPONSIBILITY OF ENGINEER Engineer is employed to render a professional service only, and any payments made to Engineer are compensation solely for such services rendered and recommendations made in carrying out the work. Engineer shall follow the practice of the engineering profession to make findings, provide opinions, make factual presentations, and provide professional advice and recommendations. VII. INDEMNIFICATION Engineer agrees to indemnify, defend, and hold the City harmless from and against any liability arising out of the sole negligent errors or sole negligent omissions of Engineer, its agents, employees, or representatives, in the performance of Engineer's duties under this Agreement. Agreement -Page 3 of 6 April 24, 1989 1/804/portang/agree/cp VIII. INSURANCE During the life of this Agreement, Engineer shall maintain the following minimum insurance: 1. Comprehensive general liability insurance, including personal injury liability, blanket contractual liability, and broad form property damage liability coverage. The combined single limit for bodily injury and property damage shall be not less than $1,000,000. 2. Automobile bodily injury and property damage liability insurance covering owned, non owned, rented, and hired cars. The combined single limit for bodily injury and property damage shall be not less than $1,000,000. 3. Statutory workers' compensation and employer's liability insurance as required by the State of Washington. 4. Professional liability insurance. The limit of liability shall be not less than $1,000,000. The Engineer shall submit to the City certificates of insurance for the policies listed above. The certificates shall provide that the insurance company give written notice to the City at least 10 days prior to cancellation of or any material change in the policy. IX. SUBCONTRACTS Engineer shall be entitled, to the extent determined appropriate by the City, to subcontract portions of the work to be performed under this Agreement. Subcontractors will be employed as acceptable to the City. Engineer shall be responsible to the City for actions of persons and firms performing subcontract work. X. ASSIGNMENT This Agreement is binding on the heirs, successors, and assigns of the parties hereto. This Agreement may not be assigned by the City or Engineer without prior, written consent of the other. XI. INTEGRATION This Agreement represents the entire understanding of the City and Engineer as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered herein. This Agreement may not be modified or altered except in writing signed by both parties. Agreement -Page 4 of 6 April 24, 1989 1 /804 /portang /agree /cp XII. JURISDICTION This Agreement shall be administered and interpreted under the laws of the State of Washington. Jurisdiction and venue of a.. y litiga- tion arising from this Agreement shall be exclusively in the Superior Court of the State of Washington in and for Clallam County. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said laws, but the remainder of this Agreement shall be in full force and effect. XIII. SUSPENSION OF WORK The City may suspend, in writing, all or a portion of the work under this Agreement if unforeseen circumstances beyond the City's control make normal progress of the work impossible. Engineer may request that the work be suspended by notifying the City, in writing, of circumstances that are interfering with the normal progress of work. Engineer may suspend work on Project in the event the City does not pay invoices when due. The time for completion of the work shall be extended by the number of days work is suspended. If the period of suspension exceeds 90 days, the terms of this Agreement are subject to renegotiation, and both parties are granted the option to terminate work on the suspended portion of Project in accordance with Article XIV. XIV. TERMINATION OF WORK The City may terminate all or a portion of the work covered by this Agreement for its convenience. The City or Engineer may terminate work if the other party fails to perform in accordance with the provisions of this Agreement by providing 15 days prior, written notice to the other by certified mail with receipt for delivery returned to the sender. In the event of termination, Engineer shall perform such additional work as is necessary for the orderly filing of documents and closing of Project. The time spent on such additional work shall not exceed 10 percent of the time expended on Project prior to the effective date of termination. Engineer shall be compensated for work performed prior to the effective date of termination, plus work required for filing and closing as described in this Article. XV. ARBITRATION All claims, disputes, and other matters in question between the parties to this Agreement arising out of or relating to this Agreement or the breach thereof, which are not disposed by mutual agreement, may be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association. No arbitration arising out of or relating to this Agreement shall include any person not a party Agreement -Page 5 of 6 April 24, 1989 1 /SO4 /port a n g /agree /cp to this Agreement except by written consent signed by the parties hereto and persons to be joined. This agreement to arbitrate shall be specifically enforceable under prevailing arbitration law. Notice of request for arbitration shall be filed in writing with the other parties to this Agreement and with the American Arbitration Association. The request shall be made within a reasonable time after the claim, dispute, or other matter in question has arisen, but in no event after the date when the institution of legal or equitable proceedings would be barred by the applicable statute of limitations. The award rendered by the arbitrators shall be final, and judgment may be entered in accordance with applicable law in any court having jurisdiction. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in triplicate by their respective authorized officers or representatives. BROWN AND CALDWELL By: lid —Aff U`i J *k Warburton ce President Date: si-P4.]f 9 Agreement- -Page 6 of 6 April 24, 1989 CITY OF PORT ANGELES By: Title: /u/P /04 Date: ,54i -r7 Attest: City Clerk APPROVED AS TO FORM: LOMQ C� efai City Attorney 1 /804 /portang /agree /cp Exhibit A -Page 1 of 2 April 24, 1989 EXHIBIT A CITY OF PORT ANGELES STORMWATER MANAGEMENT PLAN DESCRIPTION OF PROJECT The Project will produce a Stormwater Management Plan that moves the City to a proactive response to stormwater management. This will be achieved by: Development of a technical document integrated with the City's CSO program that identifies the specific facilities that will address immediate problems, accommodate future development, and encompass the environmental and water quality objectives. Adoption of clear policies that provide definition of responsibilities and goals of the community and the City. Development of a computer -based hydrologic /hydraulic model that will be a useable tool for City engineering staff design and review. Adoption of drainage design criteria and manual that ensure developer implemented drainage facilities are integrated into the City -wide drainage program. Recommendation of a funding program to pay for capital improvements, program management, and operation and maintenance. Gaining community and City Council support and acceptance of the program. The work products of the project will be: 1. The Stormwater Management Plan document, summarizing the results of the engineering analyses and the proposed system recommendations. 2. Design criteria issue paper recommending the requirements by which development projects and other projects affecting drainage should be designed. 3. Electronic database for hydrology and storm drain system analysis via the HYDRA program. Program will be accompanied by the data base which will include the drainage facilities analyzed in preparing Stormwater Management Plan document. 1 /804 /portang /exhib -a /cp 4. Drainage facility mapping data base compatible with the City's engineering computer facilities, delineating the major drainage basins in the City and their respective primary conveyances. Exhibit A -Page 2 of 2 April 24, 1989 1 /804 /portang /exhib -a /cp EXHIBIT B CITY OF PORT ANGELES STORMWATER MANAGEMENT PLAN SCOPE OF WORK Planned engineering services to be performed under this Agreement comprise and are limited to those specifically set forth in this exhibit. These services cover: (1) defining existing conditions and plan objectives; (2) inventory and mapping of existing facilities; (3) hydrologic /hydraulic computer modeling; (4) evaluating improvement alternatives; (5) preparing a financing strategy; (6) public participation; (7) preparing design criteria; (8) preparing a recommended plan; (9) study documentation; and (10) project management. Task 1: Define Existina Conditions and Plan Oblectives Obiective. Define existing drainage conditions, the problem statement, and the objectives of the project. Abnroach. The focus of this task is to define what is known, what needs to be identified, and to confirm the allocation of overall effort to successfully meet the project goals. Definition will be achieved by interviewing City staff, City officials, knowledgeable citizens, and reviewing published information. Specifically the following will be accomplished: 1.1 Engineer will prepare guidelines for the City representative to use in conducting interviews with City engineers, maintenance supervisors, and planners regarding storm drainage facility planning, design, and maintenance. City representative will forward responses to Engineer. 1.2 Review of the assumptions and conclusions of previous City drainage projects. City will compile previous drainage project data for review by Engineer. 1.3 Field inspection of problem areas accompanied by members of the City Public Works Department. Define problems in terms of source of flows and bottlenecks (limited capacity, ongoing maintenance, etc.). 1.4 Review of claims, property owner concerns, and documented flooding problems on record with the City for correlation with item 1.3 above. City to compile documentation for Engineer review. Exhibit B- -Page 1 of 10 April 24, 1989 1 /804 /portang /exhib -b /cp 1.5 Determine stream level data and other runoff /drainage data (if any) developed by other agencies. 1.6 From items 1.1 and 1.3 above: a. Identify sensitive ecological areas (i.e. streams and steep slopes), fishery issues, and the City's current environmental policies. City staff will identify on a map known wetlands, steep slopes, streams, ponds, springs, and other riparian areas. b. Identify the level of storm drainage system maintenance and the potential benefits of more intensive maintenance efforts. 1.7 Review existing drainage related procedures for developers and interview City permit coordinators for their input. 1.8 Identify future land use documentation and related planning documents, including the City's Comprehensive Plan, Shoreline Management Master Program, and City development policies. This data will be extracted from ongoing wastewater engineering efforts. 1.9 Identify historic rainfall intensity /frequency /depth data. This data will be extracted from ongoing wastewater engineering efforts. Product. Inventory of available existing information, identification of drainage problems, problem statement, and definition of the program objectives. Task 2: Inventory and Maooina of Existina Facilities Objective. To inventory and map the existing storm drain trunk facilities. Anoroach. The inventory and mapping will focus upon the primary trunk conveyance, natural drainage, and storage facilities within the drainage basins. The criteria for establishing which facilities are mapped and inventoried will be those facilities which are necessary to model the drainage consistent with a planning level study. 2.1 All existing storm drain system facilities maps and information will be identified (200' scale map and sewer cards). All information to be made available to Engineer by the City. 2.2 Storm drain facilities will be categorized into: Exhibit B- -Page 2 of 10 April 24, 1989 1 /804 /portang /exhib -b /cp a. Manmade storm sewer systems, by diameter and length, catch basins, manholes, ditches, culverts, retention basin (number /size), and outfalls (number, diameter, elevation, length /discharge location). b. Natural drainage systems, including streams, ponds, wetlands. 2.3 Existing 200 -scale manuscripts will be electronically converted to AutoCAD Release 10 by Walker and Associates, Inc., and edge matched to form the base map for the study. Facility mapping system software, compatible with AutoCAD will be purchased. The software, FMS /AC, will provide a facility database integrally linked to the CAD base map. The FMS /AC software is available in various templates for storm drains, streets, land parcels, sewer, water, gas, etc. facilities. The storm drain, streets and land parcel templates will be purchased separately by the City to complete the work. The contour resolution will be five feet. An evaluation will be made regarding the workable scale of individual indexed map sheets. Additional annotation beyond what is required to complete this study or other information layers available through Walker may be purchased separately by the City. Indexed map sheets will be developed and used by field crews to locate drainage facilities throughout the study area. Field crews will concurrently gather information regarding the storm drain network, i.e., line size, invert depths, and reach lengths. Man -hole rim elevations will be interpolated from map contours by Engineer. Line slopes will be calculated from the above information. Field crews will mark up map sheets for digitizing by the Engineer. The City will provide staff for 40 hours of digitizing to assist the project effort and to familiarize them with the database system. The information provided on these map sheets will become the source of data for later facility database development. 2.4 From the information gathered in Task 2.3 the storm drainage system will be digitized onto the index map sheets and appropriate description annotation included on the drawing. Layering convention and symbology will be consistent with FMS /AC software requirements. Non graphic utility data will be entered as attributes for post- conversion to the facility inventory data base. 2.5 Areas served by street with curb and gutters will be identified. Exhibit B -Page 3 of 10 April 24, 1989 1 /804 /portang /exhib -b /cp 2.6 Areas served by combined sewer will be identified. 2.7 Develop facility inventory database to be compatible with the City's engineering computer facilities. 2.8 Draft drainage maps will be reviewed with City staff prior to finalization. Product. Existing storm drainage facilities inventory, database, base map, and map sheets. Task 3: Hvdroloaic /Hvdraulic Computer Model Obiective. Develop a hydrologic /hydraulic drainage model from the updated system data base, including topographical mapping, land use, rainfall assumptions, environmental/ sensitivity issues, and drainage facility data. Approach. To allow efficient evaluation of drainage alternative analysis and to size drainage facilities, a computer based hydraulic model will be developed. The use of computer modeling affords the opportunity to efficiently evaluate a wide range of storm characteristics, future land use alternatives, and drainage solutions. Drainage basins will be identified from the topographical information and drainage facilities as -built data. Storm runoff parameters for existing conditions will be developed based on slope, land use and characteristics of the conveyance system. Existing aerial photographs will be used to estimate percent impervious levels for existing conditions; planning department data will provide the basis for one future development scenario. The program HYDRA will be used for analysis of runoff and conveyance systems. The program will be used to simulate stormwater runoff from the City's drainage basins to the major streams and the harbor /strait. The streams themselves and culverts they pass through will not be modelled. The runoff hydrographs will be routed through the City's drainage facilities. The City will separately purchase the HYDRA software for later use. Stormwater runoff will be modeled for 2 10 25 and 100 -year frequency storm events to be agreed upon jointly by the City and Engineer prior to modeling activities. Areas of inadequate hydraulic capacity will be identified. Confirmation of actual basin conditions with the simulation of a storm that is known to have caused flooding will provide adequate calibration of the model and give enhanced confidence in its use a prediction of future conditions. Documentation will be provided in the form of a sub catchment map, drainage element map, table of Exhibit B- -Page 4 of 10 April 24, 1989 1 /804 /portang /exhib -b /cp characteristics, and computer files that can be updated by City staff. Product. PC -based hydrologic /hydraulic model (HYDRA) data base customized for Port Angeles, compatible with the City's engineering computer facilities, and usable as a planning tool for the report and as a management tool for City staff. Task 4: Identify and Evaluate Drainage Alternatives Obiective. To identify drainage options, including developer systems, additional capital facilities, incorporation of natural drainage courses, and non structural solutions, and evaluate them in terms of cost and effectiveness to allow selection of the preferred option. Approach. Alternatives will be evaluated on a basin -by -basin approach to address known and identified existing drainage problems and to identify ultimate development alternatives of the storm drain system within the City's current city limits. For areas beyond the city limits which could possibly drain to the City system but for which City planners do not have accurate development projections, modeling will be limited. Flows from these areas will be addressed through proper developmental design guidelines in the Stormwater Management Design Manual (Task 7). Unit costs for capital and O &M will be developed for cost estimating purposes. 4.1 Developer options proposed may include limitations on maximum lot coverage, construction of on -site retention and /or regional detention systems, financial assessments for funding regional retention and /or conveyance systems. 4.2 Existing system improvements obtainable through enhanced maintenance will be identified. 4.3 City -owned capital structural options proposed may include conventional storm sewers, facilities to reduce peak flows, including subgrade and surface detention facilities and wetlands, and facilities to increase peak conveyance capacity, including ditches and channels, improvements to natural drainage courses, and culvert upgrades. 4.4 Each alternative will be developed to a conceptual design level, and a description of each alternative will be prepared. From the conceptual design, quantity takeoffs will be prepared as a basis for cost estimating. The cost estimate will include right -of -way acquisition, engineering, construction, and annual cost of maintenance. Exhibit B -Page 5 of 10 April 24, 1989 1 /804 /ponang /exhib -b /cp 4.5 In addition to the hydraulic performance, the environmental impacts /benefits of proposed alternatives will be identified. The plan will prescribe methods of modulating flows and articulate cohesive policies aimed at enhancing water quality, habitat, soil consideration, and sediment control and controlling illicit use of storm drains (sump oil disposal, etc.). Potential fish impacts will be identified through coordination with appropriate agencies for in- stream flood control alternatives. 4.6 On a basin -by -basin analysis, alternatives will be compared based on cost factors (capital cost, annual O &M cost, present worth, contribution of private sector, and city costs) and environmental factors (compatibility with city objectives, and enhancement of beneficial uses). 4.7 From the above analysis, recommended drainage alternatives by basin will be identified. Product. Recommended drainage alternatives encompassing structural and non structural options, developer contribution, capital and O &M cost estimates and identified environmental impacts. Task 5: Financina Strateav Objective. Development of a financing strategy that is implementable by the City Council, acceptable to the majority of City residents, and provides sufficient funds to implement the recommended capital projects and operate and maintain the drainage network. Alonroach. 5.1 Current drainage expenditures will be identified, including contribution from the streets and water /sewer funds. Future service levels will be delineated and the range of costs will be estimated and projected. 5.2 Working with City staff, alternative funding options will be identified, including: a. drainage utility options (simple to complex); b. increased contribution from streets or water /sewer funds or the general fund; c. use of special taxes such as the excise tax or sales tax option; Exhibit B -Page 6 of 10 April 24, 1989 1 /804 /portang /exhib -b /cp d. grants and loans; e. LIDs; and f. developer contributions. 5.3 The funding alternatives will be evaluated based on consideration of total revenues, administration costs, community acceptance, equity, and resulting service levels. 5.4 From items 5.1, 5.2, and 5.3 above, a mix of up to three alternatives will be selected for review by the Utility Advisory Committee, city officials, and the community at- large. 5.5 From item 5.4 above, a specific financing strategy will be recommended for adoption. Product. Documentation of current and future expenditures; analysis of funding options; implementation potential; and recommendation of a preferred strategy. Task 6: Public Participation Obiective. Implementation of the Stormwater Management Plan requires that veto groups be informed to achieve community acceptance. By meaningful involvement with the staff and representatives of City departments, Utility Advisory Committee, City Council, the public, and focused attention to special interest groups, this objective can be achieved. Approach. Involvement in discussions regarding the problem statement definition, environmental priorities, establishment of program goals, and selection of financing strategies. Informing public of project purpose and results. 6.1 Attendance by Engineer staff at Utility Advisory Committee meetings and City Council meetings at key points throughout the program and as necessary to secure final adoption of the Stormwater Management Plan. Attendance at two Committee and two Council meetings is anticipated. 6.2 Press releases and information documents will be provided at key points in the program to ensure well informed reporting. Two press releases are anticipated. 6.3 Attendance by Engineer staff at one public hearing to provide the community at large with an opportunity to hear progress on the Stormwater Management Plan. Attendance at one public hearing is anticipated. Exhibit B -Page 7 of 10 April 24, 1989 1 /804 /portang /exhib -b /cp Product. A broad spectrum constituency that will support implementation of the Stormwater Management Program. Task 7: Stormwater Management Desian Criteria Ob To define the design criteria to be used for sizing either private developer or City sponsored storm drainage facilities. Approach. The controlling element of the size, and therefore the cost, of drainage facilities is the design storm or storms that are selected. For Port Angeles it will be important to select design storms that are representative of local rainfall characteristics, reflect the local drainage characteristics and result in facilities that perform adequately, balanced by financial practicalities. 7.1 From review of Task 4, the hydraulic, sizing and cost impacts of the various return frequency storms will be identified. This data will be reviewed with City engineering staff to select appropriate design storms. If appropriate, different storm durations may be selected for conveyance versus storage for problem and developer discussion. 7.2 The values selected from item 7.1 will be presented along with values adopted by other Western Washington cities; an explanation of differences (if any) will be provided. 7.3 From existing design manuals and publications, appropriate criteria and methods will be identified for potential adoption by the City. Product. Issue paper recommending design criteria for storm drainage facilities. Task 8: Recommended Plan Oblective. To prepare the Recommended Plan, which will include the facilities identified in Task 4, storm drainage facilities design criteria, a financing strategy, a staffing plan, and the implementation steps for program adoption. Approach. 8.1 Recommended facilities identified in Task 4 encompassing both structural and non structural options will be documented. Exhibit B -Page 8 of 10 April 24, 1989 1 /804 /portang /exhib -b /cp 8.2 Example model ordinances and regulations containing provisions relevant to the stormwater management design criteria will be provided. Drainage ordinances and management policies from other agencies will be reviewed for applicability. Ordinances may include development constraints, temporary erosion control regulations, clearing and grading requirements, limits on runoff peak rates, basis for on -site storage sizing, and /or financial contributions to the City drainage capital fund. A summary of ordinance recommendations with example documents will be provided. 8.3 Institutional structures for implementation of the recommended plan will be presented. A specific maintenance and operations program will be developed for the recommended plan. A Capital Improvement Program (CIP) that provides an adequate drainage system for the study area will be developed and prioritized. 8.4 The financing selected as the preferred strategy from Task 5 will be summarized and a specific finance program to implement the recommended plan will be developed. The selected financing method and level of funding will control the CIP schedule. Product. Recommended drainage improvements with costs. Institutional structures and staffing recommendations summary. Recommended draft ordinances and stormwater runoff policies. A financial plan specifying how plan facilities would be funded. A capital improvement program. Implementation plan for adoption of the above elements. Task 9: Study Documentation Purpose. The work effort and recommendations of the study will be documented in a report. Approach. Engineer will prepare a draft drainage planning report containing the results of investigations, recommendations, conclusions, discussion of findings, recommended physical improvements listed according to priority, illustration graphs and charts, ordinances, financing strategy, and operation and maintenance staffing for the recommended drainage plan. Fifteen (15) draft copies of the report will be submitted to the City and affected agencies for review and comment. A final report incorporating the comments will be prepared, printed, and twenty (20) final copies submitted. The computer modelling diskette and users manual will be provided separately. Examples of SEPA checklists developed for other stormwater plans will be furnished for the City's use in preparing a plan level SEPA checklist and determination. Exhibit B -Page 9 of 10 April 24, 1989 1 /804 /portang /exhib -b /cp Product. A final Stormwater Management Plan, hydrologic/ hydraulic model for the City of Port Angeles, and example checklists. Task 10: Proiect Management Purpose. To ensure the efficient utilization of the team resources to accomplish a quality product, and to maintain regular program communications with the City's project manager. Approach: 10.1 Development of a detailed work plan including task scope description, budget, schedule, milestones, and product deliverables. 10.2 Utilization of a weekly progress monitoring system that tracks expenditures and product completion. 10.3 Delivery of monthly status reports. 10.4 Management of staff resources to assure timely product generation and response. 10.5 Attendance at regular meetings with the City's representative. Four regular meetings are anticipated. Product. Efficient and timely utilization of resources in the accomplishing of a quality product within budget and schedule, communicated on a monthly basis through preparation of itemized cost and progress reports. Exhibit B -Page 10 of 10 April 24, 1989 1 /804 /portang /exhib -b /cp I. DIRECT LABOR COSTS II. INDIRECT LABOR COSTS EXHIBIT C CITY OF PORT ANGELES STORMWATER MANAGEMENT PLAN COMPENSATION Compensation for services provided under Article II, "Scope of Engineering Services," and described in Exhibit B, shall be based on direct labor costs plus indirect labor costs, plus direct expenses, plus a fixed fee, as described in this Exhibit. The fixed fee includes state and federal income taxes, plus profit. Direct labor costs shall be the total hours worked on the Project by each employee, multiplied by the employee's hourly salary rate. Indirect labor costs shall be the product of all direct labor costs multiplied by a factor of 1.85. III. DIRECT EXPENSES Direct expenses are charges, other than those included in direct and indirect labor costs, incurred directly for Project. Direct expenses incurred by Engineer shall be billed at actual purchase price plus a service charge of 10 percent. Subcontracted services shall be billed at cost plus a service charge of 10 percent. Direct expenses include, but are not limited to: 1. Services and equipment use directly applicable to Project such as special accounting services, computer and electronic data processing, field testing, and laboratory analysis. 2. Reproduction services directly applicable to Project such as reproducing drawings, photocopying, printing, and binding. 3. Communication services directly applicable to Project such as telephone, telecopy, telegraph, cable, express delivery, and postage. 4. Subcontracted services directly applicable to the Project. Exhibit C -Page 1 of 2 March 17, 1989 1 /804 /portang /exhib -c /cp 5. Living and traveling expenses of employees when away from home office on business directly applicable to Project. 6. Automobile mileage directly applicable to Project at the rate of $0.25 per mile. 7. Computer use at a rate of $10.00 per hour. 8. Word processing equipment at a rate of $10.00 per hour. IV. FIXED FEE The fixed fee shall be $7,805. There shall be no modification of this price unless this Agreement is amended to change the scope of engineering services, or unless authorization for the work is delayed more than six months. V. LIMITATION OF COST AND TIME For the time and expense portion of Engineer's compensation, Engineer estimates that the cost for services described in Exhibit B shall not exceed $81,938, and that the time for completion of Project shall be as stated in the Agreement. Engineer shall use its best efforts to perform the work specified in Exhibit B within the estimated cost and time. If at any time Engineer believes the cost shall be greater than estimated, Engineer shall notify the City in writing. The notification shall state the revised cost estimate and, if applicable, the revised time for completion. Engineer shall submit such notification to the City as early as possible, but no later than 15 days prior to scheduled completion of the work. The City shall not be obligated to reimburse Engineer for costs incurred in excess of the estimated cost unless the City agrees in writing to do so. Engineer shall not be obligated to continue performance under this Agreement or otherwise incur costs in excess of the original estimate unless and until the City notifies Engineer in writing that the estimated cost has been increased. If additional funds and time adjustments are not allotted by the scheduled completion date, the City shall, on written request by Engineer, terminate this Agreement. The termination date shall be the originally scheduled completion date or other date agreed to by the City and Engineer. VI. PAYMENT OF COMPENSATION Charges determined on the basis of this Exhibit shall be billed in accordance with Article V of this Agreement. Exhibit C -Page 2 of 2 March 17, 1989 1 /804 /portang /exhtb -c /cp