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HomeMy WebLinkAbout000219 Original ContractAGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE THE CITY OF PORT ANGELES AND HERRERA ENVIRONMENTAL CONSULTANTS PROJECT DR03 -2011 City of Port Angeles Record #000219 RELATING TO: STORMWATER ENGINEERING SERVICES THIS AGREEMENT is made and entered into this 2 day of .J 2014, by and between THE CITY OF PORT ANGELES, a non charter c e city of the State of Washington, (hereinafter called the "CITY and HERRERA ENVIRONMENTAL CONSULTANTS, a Washington Corporation authorized to do business in the state of Washington (hereinafter called the "CONSULTANT"). WHEREAS, the CITY desires consulting and engineering assistance related to stormwater systems; and WHEREAS, the CITY desires to engage the professional services and assistance of a qualified consulting firm to perform the scope of work as detailed in Exhibit A, and WHEREAS, the CONSULTANT represents that it is in full compliance with the statutes of the State of Washington for professional registration and /or other applicable requirements, and WHEREAS, the CONSULTANT represents that it has the background, experience, and ability to perform the required work in accordance with the standards of the profession, and WHEREAS, the CONSULTANT represents that it will provide qualified personnel and appropriate facilities necessary to accomplish the work; NOW, THEREFORE, in consideration of the above representations and the terms, conditions, covenants, and agreements set forth below, the parties hereto agree as follows: I SCOPE OF WORK The scope of professional services to be performed and the results to be achieved by the CONSULTANT shall be as detailed in the attached Exhibit A and shall include all services and material necessary to accomplish the work. The CITY may review the CONSULTANT'S work product, and if it is not satisfactory, the CONSULTANT shall make such changes as may be required by the CITY. Such changes shall not constitute "Extra Work" as related in Section XII of this Agreement. The CONSULTANT agrees that all services performed under ttiis Agreement shall be in accordance with the standards of the engineering profession and in compliance with applicable federal, state and local laws. The Scope of Work may be amended upon written approval of both parties. PW 0410_01 [Revised 03/20101 Professional Services Agreement.doc Page 1 of 8 II OWNERSHIP OF DOCUMENTS Upon completion of the work, all documents, exhibits, digital photos, or other presentations of the work shall become the property of the CITY. The Consultant shall be permitted to retain copies of documents, including reproducible copies of drawings and specifications for information, reference, and use in connection with the Consultant's endeavors. The Consultant shall not be responsible for any use of the said documents, drawings, specifications or other materials by the CITY on any project other than the project specified in this Agreement. III DESIGNATION OF REPRESENTATIVES Each party shall designate its representatives in writing. The CONSULTANT'S representative shall be subject to the approval of the CITY. IV TIME OF PERFORMANCE The CONSULTANT may begin work upon execution of this Agreement by both parties and the duration of the Agreement shall extend through September 30 2012. The work shall be completed in accordance with the schedule set forth in the attached Exhibit D. V PAYMENT The CITY shall pay the CONSULTANT as set forth in this section of the Agreement. Such payment shall be full compensation for work performed, services rendered, and all labor, materials, supplies, equipment and incidentals necessary to complete the work. A. Payment shall be on the basis of the 2011 Hourly Rate Schedule shown in Exhibit C plus the CONSULTANT'S direct non -salary reimbursable costs as set forth in the attached Exhibit C. 1. Labor costs shall be based on the hourly rates shown in Exhibit C. General clerical time shall be considered an overhead item, except where specific work items are involved that require one hour or more continued effort, in which case time will be charged on the basis of hours worked. 2. The direct non -salary reimbursable costs are those directly incurred in fulfilling the terms of this Agreement, including, but not limited to, travel, subsistence, telephone, reproduction and printing, supplies and fees of outside services and consultants. No overhead and profit may be added to direct non -salary reimbursable costs. B. The CONSULTANT shall submit invoices to the CITY on a monthly basis. Invoices shall detail the work, hours, employee name, and hourly rate; shall itemize with receipts and invoices the non- salary,direct costs; shall indicate the specific task, subtask, or activity in the Scope of Work to which the costs are related; and shall indicate the cumulative total for each task. PW 0410_01 [Revised 03/2010] Professional Services Agreement.doc Page 2 of 8 C. The CITY shall review the invoices and make payment for the percentage of the project that has been completed less the amounts previously paid. D. The CONSULTANT invoices are due and payable within 30 days of receipt. In the event of a disputed billing, only the disputed portion will be withheld from payment. E. Final payment for the balance due to the CONSULTANT will be made after the completion of the work and acceptance by the CITY. F. Payment for "Extra Work" performed under Section XII of this Agreement shall be as agreed to by the parties in writing. VI MAXIMUM COMPENSATION Unless otherwise agreed to in writing by both parties, the CONSULTANT'S total compensation and reimbursement under this Agreement, including labor, direct non -salary reimbursable costs and outside services, shall not exceed the maximum sum of $107,143. The budget for each task and subtask is as set forth in the attached Exhibit B. The budget for task(s) may be modified upon mutual agreement between the two parties, but in any event, the total payment to CONSULTANT shall not exceed $107,143. VII INDEPENDENT CONTRACTOR STATUS The relation created by this Contract is that of owner independent contractor. The Contractor is not an employee of the City and is not entitled to the benefits provided by the City to its employees. The Contractor, as an independent contractor, has the authority to control and direct the performance of the details of the services to be provided. The Contractor shall assume full responsibility for payment of all Federal, State, and local taxes or contributions imposed or required, including, but not limited to, unemployment insurance, Social Security, and income tax. VIII EMPLOYMENT Employees of the CONSULTANT, while engaged in the performance of any work or services under this Agreement, shall be considered employees of the CONSULTANT only and not of the CITY, and claims that may arise under the Workman's Compensation Act on behalf of said employees while so engaged, and any and all claims made by a third party as a consequence of any negligent act or omission on the part of the CONSULTANT'S employees while so engaged, on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. In performing this Agreement, the CONSULTANT shall not employ or contract with any CITY employee without the City's written consent. IX NONDISCRIMINATION The CONSULTANT shall conduct its business in a manner, which assures fair, equal and non discriminatory treatment of all persons, without respect to race, creed or national origin, or other legally protected classification and, in particular: PW 0410_01 [Revised 0312010] Professional Services Agreement.doc Page 3 of 8 A. The CONSULTANT shall maintain open hiring and employment practices and will welcome applications for employment in all positions, from qualified individuals who are members of minorities protected by federal equal opportunity /affirmative action requirements; and, B. The CONSULTANT shall comply with all requirements of applicable federal, state or local laws or regulations issued pursuant thereto, relating to the establishment of non discriminatory requirements in hiring and employment practices and assuring the service of all persons without discrimination as to any person's race, color, religion, sex, Vietnam era veteran status, disabled veteran condition, physical or mental handicap, or national origin. X SUBCONTRACTS A. The CONSULTANT shall not sublet or assign any of the work covered by this Agreement without the written consent of the CITY. B. In all solicitation either by competitive bidding or negotiation made by the CONSULTANT for work to be performed pursuant to a subcontract, including procurement of materials and equipment, each potential subconsultant or supplier shall be notified by the CONSULTANT of Consultant's obligations under this Agreement, including the nondiscrimination requirements. XI CHANGES IN WORK Other than changes directed by the CITY as set forth in Section I above, either party may request changes in the scope of work. Such changes shall not become part of this Agreement unless and until mutually agreed upon and incorporated herein by written amendments to this Agreement executed by both parties. XII EXTRA WORK The CITY may desire to have the CONSULTANT perform work or render services in connection with this project, in addition to the Scope of Work set forth in Exhibit A and minor revisions to satisfactorily completed work. Such work shall be considered as "Extra Work" and shall be addressed in a written supplement to this Agreement. The CITY shall not be responsible for paying for such extra work unless and until the written supplement is executed by both parties. XIII TERMINATION OF AGREEMENT A. The CITY may terminate this Agreement at any time upon not less than ten (10) days written notice to the CONSULTANT. Written notice will be by certified mail sent to the consultant's designated representative at the address provided by the CONSULTANT. B. In the event this Agreement is terminated prior to the completion of the work, a final payment shall be made to the CONSULTANT, which, when added to any payments previously made, shall compensate the CONSULTANT for the percentage of work completed. PW 0410_01 [Revised 03/2010] Professional Services Agreementdoc Page 4 of 8 C. In the event this Agreement is terminated prior to completion of the work, documents that are the property of the CITY pursuant to Section 11 above, shall be delivered to and received by the CITY prior to transmittal of final payment to the CONSULTANT. XIV INDEMNIFICATION /HOLD HARMLESS The CONSULTANT shall defend, indemnify and hold the CITY, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the negligent acts, errors or omissions of the CONSULTANT in the performance of this Agreement, except for injuries and damages caused by the sole negligence of the CITY. The CITY agrees to indemnify the CONSULTANT from any claims, damages, losses, and costs, including, but not limited to, attorney's fees and litigation costs, arising out of claims by third parties for property damage and bodily injury, including death, caused soley by the negligence or willful misconduct of the CITY, CITY's employees, or agents in connection with the work performed under this Agreement. If the negligence or willful misconduct of both CONSULTANT and CITY (or a person identified above for whom each is liable) is a cause of such damage or injury, the loss, cost, or expense shall be shared between the CONSULTANT and the CITY in proportion to their relative degrees of negligence or willful misconduct and the right of indemnity shall apply for such proportion. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the CONSULTANT, the CITY, and the officers, officials, employees, and volunteers of either, the CONSULTANT'S liability hereunder shall be only to the extent of the CONSULTANT'S negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the CONSULTANT'S waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. However, the CONSULTANT expressly reserves its rights as a third person set forth in RCW 51.24.035. XV INSURANCE The CONSULTANT shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the CONSULTANT, its agents, representatives, employees or subcontractors. No Lim CONSULTANT'S maintenance of insurance as required by the agreement shall not be construed to limit the liability of the CONSULTANT to the coverage provided by such insurance, or otherwise limit the CITY'S recourse to any remedy available at law or in equity. PW 0410_01 [Revised 03/2010] Professional Services Agreement.doc Page 5 of 8 A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage; and, 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City; and, 3. Workers' Compensation coverage as required by the Industrial Insurances laws of the State of Washington; and 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per clairn and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any insurance, self insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled, suspended or materially changed by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. PW 0410_01 [Revised 03/2010] Professional Services Agreement doc Page 6 of 8 3. Any payment of deductible or self insured retention shall be the sole responsibility of the CONSULTANT. 4. The CONSULTANT'S insurance shall contain a clause stating that coverage shall apply separately to each insuredagainst whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. XVI APPLICABLE LAW This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington, and in the event of dispute the venue of any litigation brought hereunder shall be Clallam County. XVII EXHIBITS AND SIGNATURES This Agreement, including its exhibits, constitutes the entire Agreement, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. The following exhibits are hereby made a part of this Agreement: Exhibit A Scope of Work Exhibit B Budget for Each Task Exhibit C Consultant Labor Costs and Non -salary Reimbursable Costs Exhibit D Schedule for the Work PW 0410_01 [Revised 03/2010] Professional Services Agreementdoc Page 7 of 8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY OF PORT ANGELES 47 :6 MAYOR CONSULTANT CetA -04 Lair 1-\. TITLE: f_rte +ju6_ V it APPROVED AS TO FORM: WILLIAM E. BLOOR, dFFY 1TTORNEY ATTEST: r,kaea1 SA HURD, CITY CLERK PW 0410 01 (Revised 03/20101 Professional Services Agreementdoc Page 8 of 8 tip exhibit a- final 9- 2l2OfLdoes October 4, 2011 SCOPE OF WORK Exhibit A CITY OF PORT ANGELES STORMWATERNPDES AND CAPITAL NEEDS ASSESSMENT Project Number DR03 -2011 Background The City seeks to develop a functional resourcing and financial analysis of the staffing, equipment and funding mechanisms necessary to meet the requirements outlined in State's pending draft NPDES Phase II Municipal Stormwater Permit (Permit). Additionally, this analysis will include a capital facilities program component defining a range of funding support options for the water quality, flooding, and other stormwater deficiencies. The analysis will assess the gap between current resources and the resources necessary to meet the pending draft NPDES Permit regulatory requirements. The City has identified the following objectives for this study: Assess the City's current Stormwater Management Plan (SWMP). Review the City's current stormwater regulations and funding mechanisms. Review the required regulatory responsibilities and associated deadlines over the next five year term of the pending draft Phase II Municipal Stormwater Permit. Assess the functional distribution of responsibilities and resource levels to adequately meet the increasing regulatory requirements through 2018. Included are staffing levels for all functional areas (engineering, planning, and operations), equipment levels for operational maintenance, and ancillary support systems such as software support systems for the Stormwater Utility. Evaluate existing water quality data and recommend capital water quality resourcing levels. Recommend projects to achieve improved water quality. Perform a financial analysis and create funding recommendations for both the regulatory and capital programs. Create a phasing and implementation schedule. The goal of the study is to assist City staff in the delivery of comprehensive functional resourcing and financial analysis which thoroughly assesses the gaps in the City's ability to meet the NPDES regulatory requirements. Herrera will partner with the City to develop and accomplish the following eight subtasks: Subtask 1.1— Project Management Subtask 1.2 Existing Stormwater Program Characterization Subtask 1.3 Stormwater Program Regulatory Gap Analysis Subtask 1.4 Water Quality Data Analysis 1 of 10 Herrera Environmental Consultants SAIC will serve as a subconsultant to Herrera for the financial analysis in this work scope. Project managers will be: Craig Doberstein for Herrera, Terri Partch for the City of Port Angeles The following scope of work includes a discussion of the activities, assumptions and deliverables associated with each proposed subtask. Subtask 1.1— Project Management Objective: Herrera shall provide effective project management and communication throughout the life of the project. Scone of Work: A. Herrera shall provide project administration including: submitting billing invoices, submitting monthly progress reports; compliance with applicable procurement and contracting requirements; and submitting the required deliverables for each subtask. B. Herrera's project management efforts shall include conducting, coordinating, and scheduling project activities and assuring quality control. Herrera shall maintain effective communication with the City through meetings, telephone or email conversations, or web conferences. Herrera will communicate with the City on average every 2 weeks through the duration of the project. C. Herrera shall submit all billing invoices and supportive documentation to the City. D. Herrera shall submit monthly electronic progress reports to the City's Project Manager throughout the duration of the project. Progress reports shall be submitted whether work is performed or not. At a minimum, the progress reports must contain a listing of accomplishments as defined in this Scope of Work, the reasons for any delays if established objectives were not met, and identification and explanation of any cost overruns. E. Herrera in coordination with the City will hold an initial kick off meeting. At the meeting, the City will transmit and discuss the existing documents itemized below. Project budget, schedule, and expectations will be discussed. Assumptions: A. This subtask includes an initial in- person kickoff meeting with the City and up to 2 Herrera team staff. tip cxhlblla -final 9- 27- 3011.daa Subtask 1.5 Support Prioritization of Existing CFP Drainage Project List Subtask 1.6 Financial Analysis and Funding Recommendations Subtask 1.7 Draft and Final Reports and Presentation Support Public Education Subtask 1.8 Water Quality Project and Program Development October 4, 2011 SCOPE OF WORK 2 of 10 Herrera Environmental Consultants B. The in- person meetings will be supplemented with regular communication as needed. It is assumed the communication will occur on average every 2 weeks when there have not been other meetings. C. This is a 10 month study. D. All drafts will be reviewed by the City within a 2 week period. E. All City comments shall be compiled into one final set of comments and electronically transmitted to the Consultant: Any internal conflicts between comments will be resolved in advance by the City's Project Manager prior to the transmittal to the Consultant. F. No final drafts of the memoranda or the Draft Report are to be prepared; all final comments and edits will be addressed and included in the Final Report. Deliverables: A. Kick off meeting with Herrera and City staff B. Monthly invoices C. Monthly progress reports Subtask 1.2 Existing Stormwater Program Characterization Obiective: Conduct a comprehensive review of the City's existing stormwater program and its responsiveness to the current Permit elements. Scone of Work: A. Review the City's existing stormwater program defined in the following documents: City's Stormwater Management Program documents Existing Capital Facilities Project List 1996 Comprehensive Stormwater Management Plan City Urban Services Standards related to stormwater and grading and Port Angeles municipal codes related to stormwater and inspection and review fees City water quality data GIS data including existing stormwater system, soils, utilities, land uses, aerial photos, streets, topography, zoning, tax lots, buildings, and private stormwater facilities Relevant WIRA 18 basin plans Information on NPDES tracking Information on planned developments, annexations, or land use change from the Community Development Department if appropriate Information on the City's existing storm and surface water operations and maintenance program Existing modeling data on the City's stormwater system and drainage basins within the City, if available Background information on the City's current stormwater utility fee, stormwater discounts. DOE water quality data for our jurisdiction Iln erlobfrn 470.19- 27- 20114.r October 4, 2011 SCOPE OF WORK 3 of 10 Herrera Environmental Consultants B. Develop a stormwater questionnaire in coordination with the City's project manager and interview staff to evaluate currently practiced activities, procedures, and policies. The questionnaire will be distributed to all workshop attendees for their input at least 2 weeks in advance of the workshop. C. Convene a workshop involving appropriate City staff from Planning, Engineering and Operations, City Council and others, as necessary to discuss the stormwater questionnaire including project objectives and current stormwater management program issues, water quality data, the status of current capital facilities project plans, areas where project solutions are the greatest priority, and the current stormwater utility funding and spending strategy. This workshop will also serve as a forum for discussing goals and objectives for the City's stormwater management program e.g., beyond achieving regulatory compliance, what does the City want to accomplish with regard to water quality, public education, and other program elements. D. Review existing levels of effbrt, funding, expenditures, staffing, and organizational structure. E. Identify goals and constraints to the program, including City priorities and commitments as relayed to the Consultant by City staff. F. Produce a draft Memorandum and draft matrix/spreadsheet of the City's existing SSWM functions and program activities. G. Compare the City's existing program activities and permit compliance with up to 3 other readily available examples from other Phase II jurisdictions. This will likely include the Cities of Lynnwood, Edmonds, and/or Lacey as Herrera has recently supported similar work for these municipalities. However, other jurisdictions will be considered if relevant information is readily available. Assumptions: A. The City will compile and transmit all the above information on a project specific ftp site provided by Herrera, or as hard copy. B. The City will review a stormwater management program questionnaire, provided by Herrera, and provide feedback to Herrera at least 1 week prior to the workshop. C. Up to 2 Herrera team members will participate in one 4 -hour workshop with the City to discuss responses to the stormwater program questionnaire. D. City staff will be available to participate in the questionnaire and interview processes. The technical memorandum will be a compilation of written and verbal responses to the questionnaire, discussion during the workshop, and a summary of r1D .rALhD D -f,N9 27 -2D1 L do.'o Stormwater program costs since 2007 Permit implementation NPDES Annual Reports 2007 -2010 COPA public works and utilities and planning organizational charts Current statements of stormwater utility net assets, working capital and revenues and expenses Stormwater utility debt service schedules (beginning in 2010) Stormwater utility audited financial statements from 2007 -2010 Utility cash reserve policy Stormwater utility budget October 4, 2011 SCOPE OF WORK 4 of 10 Herrera Environmental Consultants SCOPE OF WORK the stormwater program status based on the information reviewed and the input received during the workshop. E. The budget for this task does not include time for analysis and/or evaluation of other jurisdictions' programs. This task is limited to comparison with readily available program, permit compliance, and resource information already prepared and compiled by these jurisdictions. F. The summary shall be in submitted in MS Word format. The City will take 2 weeks to review after submittal. The summary will be finalized after receipt of the City's comments and folded into the subtask 1.7 report. Deliverables: A. A draft and final stormwater questionnaire as defined in B above. B. The workshop to discuss the stormwater program including the items in C above. C. One electronic Word file of the summary of the existing stormwater utility including existing organization and personnel, equipment, funding resources, Permit relevance, and comparison to up to 3 other similar jurisdictions. The summary should also include program issues and goals. Subtask 1.3 Stormwater Program Regulatory Gap Analysis Obiective: This subtask will focus on a review of the October 2011 draft of the State's reissued NPDES Phase II Municipal Stormwater Permit, effective in 2013 and a comparison of the new Permit requirements with the City's existing resources (personnel, equipment, funding and support contracts). This subtask will determine the resources, organizational structure and alternate delivery methodologies necessary to meet the new draft Permit._ This subtask will document the organizational structure and resource needs, the priority and timing of the required Permit tasks, and will document how these tasks may be efficiently and economically addressed. This subtask will also estimate annual costs for any new resources necessary to meet the draft Permit requirements for the next Permit term, through 2018. Scone of Work: A. Obtain a copy of the 2011 draft of the NPDES Phase II Municipal Stormwater Permit, as developed and published by the Washington State Department of Ecology. B. Analyze the State's draft NPDES Permit to generate descriptive information relevant to the analysis of the City's existing stormwater program activities and the required Permit activities. C. Prepare a regulatory compliance matrix, listing each requirement of the future Stormwater Management Program. Include implementation schedules and reporting requirements. D. Utilizing the information from subtask 1.2, identify the gaps in the City's stormwater program, and suggest any changes in organizational structure or resource levels necessary to achieve minimum compliance with the Permit. E. Utilizing the information gathered in subtask 1.2, identify areas where additional resources could be added to meet City goals and enhance the program from the regulatory base level compliance. F. Based on each major regulatory requirement and its compliance due date, as described in the draft Permit, estimate a schedule for minimum and enhanced program implementation lln exh.brcn- final 9 -27 -7011 doer October 4, 2011 5 of 10 Herrera Environmental ,consultants SCOPE OF WORK and compliance, including annual costs. Costs will be totaled on an annual basis for the first five year term of the Permit. G. Complete a regulatory compliance matrix to integrate the findings of subtasks 1.2 and 1.3 H. Prepare a draft memorandum to summarize the findings from subtasks 1.2 and 1.3. The technical memoranda written in subtasks 1.2 and 1.3 will be used as sections of the Draft Report in subtask 1.7. Assumptions: A. Up to 3 Herrera team members will participate in one 2 -hour conference call with the City to discuss the draft gap analysis memorandum. B. Outcomes of the gap analysis and needs assessment will shape the content and recommendations in the draft and final report (subtask 1.7). Deliverables A. Draft gap analysis and needs assessment memorandum in Word and pdf format. The gap analysis will also include an excel spreadsheet of activities, resources, and equipment either currently assigned or proposed. B. Conference call to discuss the draft gap analysis memorandum. C. Final content, incorporating comments received from the City via the conference call, will be folded into the subtask 1.7 report and not in a revised subtask 1.3 memorandum. Subtask 1.4 Water Quality Data Analysis Objective: This subtask will assess the quality and applicability of available water quality data and perform a basic statistical evaluation to identify where water quality problems are the most severe and/or most treatable. The assessment will then be used to evaluate and prioritize potential water quality projects and targeted programmatic efforts in subtask 1.8. Scone of Work: A. Evaluate the quality and applicability of available water quality data from the City and the State. Perform a statistical evaluation to determine where water quality problems are the most severe and or the most treatable. B. Conduct a high -level GIS based analysis of readily available water quality related information (e.g., soil data, land use, existing stormwater and wastewater system, drainage basins, creek systems, and hydrology). Supplemented by item A above, determine the most likely significant problems and greatest on- the ground opportunities. Deliverables A. Memorandum summarizing the quality and applicability of available water quality data and priority areas/issues for attention (in subtask 1.8). Subtask 1.5 Support Prioritization of Existing CFP Drainage Project List Objective: This subtask will include providing recommendations and guidance to the City on methods to develop justifiable and defensible prioritization schemes for the City's CIP list to help support effective use of stormwater utility funding and optimized service to City residents. Iry erhihd a -Mal 9-27-2011 do= October 4, 2011 6 of 10 Herrera Environmental Consultants Scone of Work: A. Perform a high -level review the existing CFP drainage project list. The intent is to get a general understanding of the types and variety of projects, not to gain detailed understanding of each project. B. Discuss initial prioritization options and recommendations with City staff, based on past Herrera experience. C. Provide the City with a recommendation 011 a prioritization scheme for the City to apply to the CFP list. E.g., quantitative structure, qualitative structure, pros and cons of the recommended approach, and other considerations. D. As the City progresses with internal implementation of the recommended prioritization scheme, provide additional guidance and recommendations to support the prioritization. Assumptions: A. Herrera will not be performing the CFP list prioritization. The City will perform the CFP list prioritization internally, based on chosen aspects of the Herrera recommendations. B. Two Herrera staff members will participate in an initial prioritization conference call. One 2 -hour call is assumed. Deliverables: A. Brief technical memorandum outlining prioritization recommendations and implementation considerations. Subtask 1.6 Financial Analysis and Funding Recommendations Obiective: Herrera, in conjunction with subconsultant SAIC will prepare a six -year financial plan that projects stormwater revenues, expenses, and rates. The projection shall be based on 2011 budget and shall project rates to adequately fund operations, capital costs and current and future debt obligations. The first year of the financial planning period will be 2012. Additional operating expenses resulting from the Gap Analysis work will be included, as will any modifications or additions to the stormwater elements of the CFP. Scope of Work: A. Conduct a detailed review of City stormwater utility financial records. Using the results of the other subtasks in this effort, determine the cost to provide service for the stormwater utility over the next six year term (through 2017). B. Recommend funding mechanisms over the next six year term (through 2017) C. Compare projected rates to 4 other similarly sized and economically comparable jurisdictions. !!n rre6dt a -final 9.77.2011 deer October 4, 2011 SCOPE OF WORK 7 of 10 Herrera Environmental Consultants D. Herrera, in conjunction with subconsultant SAIC will develop a draft financial analysis in an Excel spreadsheet model and make recommendations in a technical memorandum summarizing the study process, assumptions, policy considerations, findings, and conclusions. The memorandum will be outlined to be readily transferred into the final report. Assumptions: A. Attend 3 meetings in Port Angeles. These meetings are anticipated to include a meeting with City staff to present draft results of subtask 1.6, and up to 2 presentations of draft results, one to the Utility Advisory Committee and one to City Council. B. Herrera, in conjunction with subconsultant SAIC will prepare up to six iterations of the financial projection corresponding to varying level of service alternatives, debt funding policies, and/or other policy guidance. C. Projected stormwater rates will be based on across the -board percentage increases applicable to all customers. D. As part of this overall effort, Herrera in conjunction with subconsultant SAIC will discuss financial policies with the City and receive policy direction from key City staff. Anticipated areas of policy discussion will include timing and sizing of stormwater rate increases, use of debt, minimum operating and capital reserve criteria, minimum debt service coverage ratios, identification of available cash and outside funding resources such as loans and grants, etc. E. This scope assumes that the stormwater utility is not financially responsible for any of the City's combined sewer overflow costs. Deliverables: A. Draft financial analysis and recommendations technical memorandum in Word and pdf formats. The draft report shall be based on an Excel spreadsheet model that will also be submitted. B. Final fmancial analysis and recommendations technical memorandum in Word and pdf formats. C. Final Excel spreadsheet model. Subtask 1.7 Draft and Final Reports and Presentation Support Public Education Subtask 1.7.1 —Draft Report Obiective: The draft report will include the summaries, technical memos, and spreadsheets developed in the previous subtasks, and conclude with a resourcing and financial analysis of the staffmg, equipment, and funding mechanisms necessary to meet the requirements outlined in the October 2011 draft NPDES Phase II permit, as well as the financial resources necessary to adequately fund the stormwater CIP. On ar*Th l a .pnd 9. 27.2011 data October 4, 2011 SCOPE OF WORK 8 of 10 Herrera Environmental Consultants Scone of Work: Herrera will prepare a draft project report according to an outline that will be agreed upon with the City project team. The draft report will include the summaries, technical memos and spreadsheets developed in the previous subtasks, as well as applicable graphics, and recommendations organized by topic area. A ssumptio ns: A. The City project manager will be responsible for coordinating comments on the annotated outline and draft report by City staff, reconciling any conflicting internal comments, and will provide one consolidated set of comments to enable Herrera to readily fmalize the documents. B. Any GIS projects and data files shall be compatible with ArcView 9.0 and 9.1 Deliverables: A. Annotated outline in Microsoft Word format B. 3 hard copies of the draft report C. Draft report in Microsoft Word and pdf file formats. Subtask 1.7.2 Final Report Obiective: The final report will incorporate comments from the draft report. Assumptions: A. No meetings with City staff will be needed to finalize the report. B. The City project manager will be responsible for coordinating comments on the annotated outline and draft report by City staff, reconciling any conflicting internal comments, and will provide one consolidated set of comments to enable Herrera to readily finalize the documents. Deliverables: A. Final report in Microsoft Word, pdf, and 5 paper copies. Subtask 1.7.3 Presentation Support Public Education Obiective: This subtask supports the City in presentations to the City Council and Utility Advisory Committee. Assumptions: A. The City will be responsible for scheduling, coordinating, and hosting the meetings. B. The City will develop materials for the presentation, with input from the Herrera team on technical elements llo esMbd a 17no19- 77- 7011,docc October 4, 2011 SCOPE OF WORK 9 of 10 Herrera Environmental Consultants C. Up to 2 Herrera team members will participate in 2 meetings one for the Utility Advisory Committee, and separately with the City Council (each meeting is assumed to last 3 hours) Subtask 1.8 Water Quality Project and Program Development Priorities Obiective: Depending on the complexity and treatability of the highest priority water quality problems identified in subtask 1.4 above, this subtask will develop recommended next steps and priorities to enable future development of projects and/or programmatic measures to address the highest priority issues. Scone of Work: Assumntions: SCOPE OF WORK A. In coordination with City staff, determine whether potential priority project locations can be identified based on the information that is available. B. Based on item A above, determine whether programmatic measures are preferable, or should be implemented in conjunction with water quality capital projects. C. If the water quality data are not sufficient to enable future development of capital projects, identify general strategies for addressing water quality problems such as additional data collection, and focused non structural programmatic efforts. A. Given the uncertainty of the conclusions of the water quality analysis in subtask 1.4, the City and Herrera project managers will assess the available budget and highest priority needs for this subtask. B. The outcomes of this task will be used to support future development of capital and programmatic measures to address priority problems, as feasible. Through subsequent work (not included in this scope of work, but as a potential contract amendment as budget allows), this information will be used to develop capital and programmatic measures based on maximizing the amount of water quality treatment that can be accomplished in high priority problem areas. This should include development of planning -level designs, cost estimates, and project summary sheets to support CIF planning and potential future grant applications. Deliverables: A. Email documentation of recommended strategies for future development of projects and/or programmatic measures to address the highest priority issues. Ha exhibit n -final 9- 27- 2O1I.4, October 4, 2011 END OF EXHIBIT 10 of 10 Herrera Environmental Consultants Exhibit B Budget for Each Subtask 1' Subtask Description 1 Cost Subtask 1.1— Project Management $8,033 Subtask 1.2 Existing Stormwater Program Characterization 1 $16,458 Subtask 1.3 Stormwater Program Regulatory Gap Analysis $16,329 Subtask 1.4 Water Quality Data Analysis $16,561 Subtask 1.5 Support Prioritization of Existing Stormwater CIP $3,968 Subtask 1.6 Financial Analysis and Funding Recommendations $25,948 Subtask 1.7 Reports and Presentation Support $15,347 Subtask 1.8 Water Quality Project and Program Development $4,499 Total Cost $107,143 1 Anderson, Jim Avolio, Christina Azous, Amanda Ballek, Len Bennett, Dan Bourque, Tom Brauer, Neil Brennan, Matt Brummer, P5 Christopher P6 Campbell, Art P4 Carpenter, Bruce P6 Carrasquero, Jose P3 Catarra, Gina P2 Christensen, Niklas P6 Coughlan, Phil P2 Davidson, Catherine P6 Doberstein, Craig P3 Dugopolski, Rebecca P2 Elliot, Crystal P6 Ewbank, Mark P1 Feller, Meghan P3 Fontaine, Matt P6 Ford, Kittie P4 Gifford, Kristina P3 Hanson, Brady P4 Hennessey, Diane Level I Name P4 1 Ahearn, Dylan F3 P3 P5 P5 P2 P6 P2 P4 EXHIBIT C STORMWATER NPDES and CAPITAL NEEDS ASSESSMENT— DR03 -2011 CONSULTANT LABOR COSTS AND NON SALARY REIMBURSABLE COSTS City of Port Angeles Project DR03 -2011 Storrnwater Engineering Services Herrera Environmental Consultants, Inc. 2011 Herrera Labor Rate Schedule Classification Senior Scientist Contract Administrator Project Engineer Associate Scientist Associate Scientist Staff Scientist Director of Engineering Staff Scientist Senior Engineer Associate Engineer Principal Planner Senior Scientist Practice Director Project Scientist Staff Engineer Practice Director Staff CAD /GIS Practice Director Project Engineer Staff Scientist Practice Director Engineer Project Engineer Principal Planner Senior Planner Project Scientist Senior Scientist Total Hourly Billing Rate $150.83 $103.10 $114.67 $169.42 $138.96 $95.84 $203.89 $78.64 $150.59 $155.48 $193.78 $122.50 $200.60 $106.63 $111.95 $174.31 $91.60 $187.06 $114.67 $98.99 $200.70 $89.90 $110.19 $189.98 $145.33 $107.64 $119.18 P7 P3 P3 P5 P6 P3 P2 F3 P4 P4 P6 P5 P1 P4 P6 P5 P4 P3 P1 A3 P2 F2 P3 P3 P3 P2 P1 P6 F2 P6 P2 P1 P2 F4 F1 P2 A3 P3 1 Herrera, Carlos Houck, Kevin Iftner, George Jenkins, Pam Jowise, Peter Kays, Gus Klara, Matt LaJudice, Miranda Lancaster, Alice Larkin, Mary Lenth, John Lepine, Kris Liang, Tian Machel, Heidi Merkelbach, Mark Michaud, Joy Mostrenko, Ian Parsons, Jeff Prescott, Todd Rhode, Abagail Robertson, Jeanne Rodriguez, Ruben Rudnick, Tracy Schmidt, Jennifer Schwartz, Erik Scott, Brian Seckel, Katheryn Skelton, Kathryn Slaughterbeck, Carol Sparano, Regina Spillane, Michael Steinberg, Peter Strazer, Mary Svendsen, Alex Swanson, Jennifer Tonkikh, Natalya Turnidge, Laura Wadkins, Shannon Wall, Susan Executive Principal Engineer Project Engineer Project Scientist Associate Engineer Principal Scientist Project Engineer Staff Engineer Accounting Administrator Senior Engineer Senior Engineer Principal Scientist Associate Scientist Engineer Project Engineer Senior Engineer Principal Scientist Associate Engineer 1 Senior Engineer 1 Project CAD /GIS Engineer Administrative Coordinator Staff CAD /GIS Accounting Staff Project CAD /GIS Project Scientist Project Engineer Staff Planner Scientist Principal Engineer Accounting Staff Principal Engineer Staff Scientist Engineer Staff Scientist Senior Accounting Administrator Accounting Assistant Staff CAD /GIS Administrative Coordinator Project Scientist $148.18 $126.57 $112.46 $186.59 $184.89 $132.07 $105.03 $99.23 $157.04 $134.72 $186.86 $152.05 $80.37 $112.46 $152.46 $184.89 $162.64 $146.22 $109.98 $80.78 $82.20 $78.03 $71.99 $111.10 $91.73 $123.89 $93.57 $71.85 $206.94 $71.28 206.94 $110.90 $86.07 $89.05 $129.56 $64.22 $99.09 $80.74 $100.08 1 F6 Wood, Theresa i Contract Principal $201.38 P4 Wozniak, Josh Senior Scientist $125.86 P4 Wright, Tyson Senior Engineer $130.81 P2 I Yu, David 1 Staff Scientist $91.56 P6 I Zisette, Rob I Principal Scientist $186.59 HERRERA ENVIRONMENTAL CONSULTANTS SCHEDULE FOR REIMBURSABLE COSTS (2011) Other direct costs (ODCs) Unit Cost Travel and per diem (FTR rates) Auto Use* Mile $0.555 Ferry cost Photocopying, CAD Plots, and Printing Photocopying (color) Page $0.75 Printing /Graphics (vendor) cost Mileage will be charged at the current standard mileage rate established by the Internal Revenue Service (IRS) Key Milestone Dates Exhibit D SCHEDULE STORMWATER NPDES and CAPITAL NEEDS ASSESSMENT DR03 -2011 Notice to proceed —10/10 /2011 Subtask 1.1— Project Management Subtask 1.2 Existing Stormwater Program Characterization Staff workshop Subtask 1.3 Stormwater Program Regulatory Gap Analysis Subtask 1.4 Water Quality Data Analysis Subtask 1.5 Support Prioritization of Existing CFP Drainage Project List Subtask 1.6 Financial Analysis and Funding Recommendations Subtask 1.7 Draft Report and Final Reports and Presentation Support Public Education Subtask 1.8 Water Quality Project and Program Development 1 Monthly January 6, 2012 December 6, 2011 February 27, 2012 February 1, 2012 March 26, 2012 April 23, 2012 May 28, 2012 June 1, 2012