009-22 - Herrera Environmental Consultants, Inc. - ContractCITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT
THIS Agreement is made effective as of the 1st day of January 2022, by and between the City of
Port Orchard, a municipal corporation, organized under the laws of the State of Washington, whose address
is:
CITY OF PORT ORCHARD, WASHINGTON (hereinafter the "CITY")
216 Prospect Street
Port Orchard, Washington 98366
Contact: Mayor Robert Putaansuu Phone: 360.876.4407 Fax: 360.895.9029
And Herrera Environmental Consulting, Inc., a corporation, organized under the laws of the State
of Washington, doing business at:
Herrera Environmental Consultants, Inc.
2200 6t1i Ave Suite 110
Seattle, WA 98121
Contact: Matt Fontaine, P.E.
Associate Engineer
(hereinafter the "CONSULTANT")
Phone: 360-265-8031 Email: mfontaine@herrerainc.com
for professional services in connection with the following Project:
2021 Stormwater & Watersheds Comprehensive Plan — Phase 2
TERMS AND CONDITIONS
1. Services by Consultant.
A. The Consultant shall perform the services described in the Scope of Work attached to this
Agreement as Exhibit "A." The services performed by the Consultant shall not exceed the Scope of Work
without prior written authorization from the City. In performing such services, the Consultant shall at all
times comply with all Federal, State, and local laws and regulations applicable to the performance of such
services. The Consultant shall perform the services diligently and completely in accordance with
professional standards of conduct and performance for Consultant's profession.
B. The City may from time to time require changes or modifications in the Scope of Work.
Such changes, including any decrease or increase in the amount of compensation, shall be agreed to by the
parties and incorporated in written amendments to the Agreement.
2. Schedule of Work.
A. The Consultant shall perform the services described in the Scope of Work in accordance
with the tasks identified within Exhibit "A, B & C" and the terms of this Agreement. If delays beyond the
Consultant's reasonable control occur, the parties will negotiate in good faith to determine whether an
extension is appropriate.
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B. The Consultant is authorized to proceed with services upon receipt of a written Notice to
Proceed.
3. Terms. This Agreement shall commence on January 1, 2022 ("Commencement Date") and shall
terminate December 31, 2022 unless extended or terminated in writing as provided herein. The
City reserves the right to offer two (2) one-year extensions prior to contract expiration to
retain the selected company's services.
4.
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Compensation.
LUMP SUM. Compensation for these services shall be a Lump Sum of $
x TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed
$239,328 without written authorization and will be based on the list of billing rates and
reimbursable expenses attached hereto as Exhibit `B."
❑ TIME AND MATERIALS. Compensation for these services shall be on a time and materials basis
according to the list of billing rates and reimbursable expenses attached hereto as Exhibit " "
❑ OTHER.
5. Payment.
A. The Consultant shall maintain time and expense records and provide them to the City
monthly after services have been performed, along with monthly invoices in a format acceptable to the City
for work performed to the date of the invoice.
B. All invoices shall be paid by City warrant within thirty (30) days of receipt of a proper
invoice. If the City objects to all or any portion of any invoice, it shall so notify the Consultant of the same
within fifteen (15) days from the date of receipt and shall pay that portion of the invoice not in dispute, and
the parties shall immediately make every effort to settle the disputed portion.
C. The Consultant shall keep cost records and accounts pertaining to this Agreement available
for inspection by City representatives for three (3) years after final payment unless a longer period is
required by a third -party agreement. Copies shall be made available on request.
D. On the effective date of this Agreement (or shortly thereafter), the Consultant shall comply
with all federal and state laws applicable to independent contractors, including, but not limited to, the
maintenance of a separate set of books and records that reflect all items of income and expenses of the
Consultant's business, pursuant to Revised Code of Washington (RCW) 51.08.195, as required by law, to
show that the services performed by the Consultant under this Agreement shall not give rise to an employer -
employee relationship between the parties, which is subject to Title 51 RCW, Industrial Insurance.
E. If the services rendered do not meet the requirements of the Agreement, the Consultant will
correct or modify the work to comply with the Agreement. The City may withhold payment for such work
until the work meets the requirements of the Agreement.
6. Discrimination and Compliance with Laws
A. The Consultant agrees not to discriminate against any employee or applicant for
employment or any other person in the performance of this Agreement because of race, creed, color,
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national origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state, or
local law or ordinance, except for a bona fide occupational qualification.
B. Even though the Consultant is an independent contractor with the authority to control and
direct the performance and details of the work authorized under this Agreement, the work must meet the
approval of the City and shall be subject to the City's general right of inspection to secure the satisfactory
completion thereof. The Consultant agrees to comply with all federal, state and municipal laws, rules and
regulations that are now effective or become applicable within the term(s) of this Agreement to the
Consultant's business, equipment and personnel engaged in operations covered by this Agreement or
accruing out of the performance of such operations.
C. The Consultant shall obtain a City of Port Orchard business license prior to commencing
work pursuant to a written Notice to Proceed.
D. Violation of this Paragraph 6 shall be a material breach of this Agreement and grounds for
cancellation, termination, or suspension of the Agreement by the City, in whole or in part, and may result
in ineligibility for further work for the City.
7. Relationship of Parties. The parties intend that an independent contractor -client relationship will
be created by this Agreement. As the Consultant is customarily engaged in an independently established
trade which encompasses the specific service provided to the City hereunder, no agent, employee,
representative or sub -consultant of the Consultant shall be or shall be deemed to be the employee, agent,
representative or sub -consultant of the City. In the performance of the work, the Consultant is an
independent contractor with the ability to control and direct the performance and details of the work, the
City being interested only in the results obtained under this Agreement. None of the benefits provided by
the City to its employees, including but not limited to compensation, insurance, and unemployment
insurance, are available from the City to the employees, agents, representatives or sub -consultants of the
Consultant. The Consultant will be solely and entirely responsible for its acts and for the acts of its agents,
employees, representatives and sub -consultants during the performance of this Agreement. The City may,
during the term of this Agreement, engage other independent contractors to perform the same or similar
work that the Consultant performs hereunder.
8. Suspension and Termination of Agreement
A. Termination without cause. This Agreement may be terminated by the City at any time for
public convenience, for the Consultant's insolvency or bankruptcy, or the Consultant's assignment for the
benefit of creditors.
B. Termination with cause. This Agreement may be terminated upon the default of the
Consultant and the failure of the Consultant to cure such default within a reasonable time after receiving
written notice of the default.
C. Rights Upon Termination.
1. With or Without Cause. Upon termination for any reason, all finished or unfinished
documents, reports, or other material or work of the Consultant pursuant to this Agreement shall
be submitted to the City, and the Consultant shall be entitled to just and equitable compensation for
any satisfactory work completed prior to the date of termination, not to exceed the total
compensation set forth herein. The Consultant shall not be entitled to any reallocation of cost,
profit or overhead. The Consultant shall not in any event be entitled to anticipated profit on work
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not performed because of such termination. The Consultant shall use its best efforts to minimize
the compensation payable under this Agreement in the event of such termination. Upon
termination, the City may take over the work and prosecute the same to completion, by contract or
otherwise.
2. Default. If the Agreement is terminated for default, the Consultant shall not be
entitled to receive any further payments under the Agreement until all work called for has been
fully performed. Any extra cost or damage to the City resulting from such default(s) shall be
deducted from any money due or coming due to the Consultant. The Consultant shall bear any extra
expenses incurred by the City in completing the work, including all increased costs for completing
the work, and all damage sustained, or which may be sustained, by the City by reason of such
default.
D. Suspension. The City may suspend this Agreement, at its sole discretion. Any
reimbursement for expenses incurred due to the suspension shall be limited to the Consultant's reasonable
expenses, and shall be subject to verification. The Consultant shall resume performance of services under
this Agreement without delay when the suspension period ends.
E. Notice of Termination or Suspension. If delivered to the Consultant in person, termination
shall be effective immediately upon the Consultant's receipt of the City's written notice or such date as
stated in the City's notice of termination, whichever is later. Notice of suspension shall be given to the
Consultant in writing upon one week's advance notice to the Consultant. Such notice shall indicate the
anticipated period of suspension. Notice may also be delivered to the Consultant at the address set forth in
Section 15 herein.
9. Standard of Care. The Consultant represents and warrants that it has the requisite training, skill
and experience necessary to provide the services under this Agreement and is appropriately accredited and
licensed by all applicable agencies and governmental entities. Services provided by the Consultant under
this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily
exercised by members of the same profession currently practicing in similar circumstances.
10. Ownership of Work Product.
A. All data, materials, reports, memoranda, and other documents developed under this
Agreement whether finished or not shall become the property of the City, shall be forwarded to the City at
its request and may be used by the City as it sees fit. Upon termination of this Agreement pursuant to
paragraph 8 above, all finished or unfinished documents, reports, or other material or work of the Consultant
pursuant to this Agreement shall be submitted to the City. Any reuse or modification of such documents,
reports or other material or work of the Consultant for purposes other than those intended by the Consultant
in its scope of services under this Agreement shall be at the City's risk.
B. All written information submitted by the City to the Consultant in connection with the
services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at
least the same extent as the Consultant safeguards like information relating to its own business. If such
information is publicly available or is already in the Consultant's possession or known to it, or is rightfully
obtained by the Consultant from third parties, the Consultant shall bear no responsibility for its disclosure,
inadvertent or otherwise. The Consultant is permitted to disclose any such information only to the extent
required by law, subpoena or other court order.
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11. Work Performed at the Consultant's Risk. The Consultant shall take all precautions necessary
and shall be responsible for the safety of its employees, agents and sub -consultants in the performance of
the work hereunder, and shall utilize all protection necessary for that purpose. All work shall be done at
the Consultant's own risk, and the Consultant shall be responsible for any loss of or damage to materials,
tools, or other articles used or held by the Consultant for use in connection with the work.
12. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, officials,
employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits,
including all legal costs and attorneys' fees, arising out of or resulting from the acts, errors or omissions of
the Consultant in performance of this Agreement, except for injuries or damages caused by the sole
negligence of the City.
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 and the City, its officers, officials,
employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the
Consultant's negligence. The provisions of this section shall survive the expiration or termination of this
Agreement.
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. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE
MUTUALLY NEGOTIATED THIS WAIVER.
13. Insurance. The Consultant shall procure and maintain for the duration of this 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, or
employees.
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.
2. Commercial General Liability insurance shall be written on ISO occurrence form CG
00 01 or a substitute form providing equivalent liability coverage and shall cover
liability arising from premises, operations, independent contractors and personal injury
and advertising injury. The City shall be named by endorsement as an additional
insured under the Consultant's Commercial General Liability insurance policy with
respect to the work performed for the City.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of the
State of Washington.
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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. Workers' Compensation Employer's Liability each accident $1,000,000, Employer's
Liability Disease each employee $1,000,000, and Employer's Liability Disease —
Policy Limit $1,000,000.
4. Professional Liability insurance shall be written with limits no less than $1,000,000
per claim 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 shall provide the City with written notice of any policy cancellation,
within two business days of their receipt of such notice.
The City will not waive its right to subrogation against the Consultant. The
Consultant's insurance shall be endorsed acknowledging that the City will not waive
their right to subrogation. The Consultant's insurance shall be endorsed to waive the
right of subrogation against the City, or any self-insurance, or insurance pool coverage
maintained by the City.
4. If any coverage is written on a "claims made" basis, then a minimum of a three (3) year
extended reporting period shall be included with the claims made policy, and proof of
this extended reporting period provided to the City.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII.
E. Verification of Coverage
The 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.
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14. Assigning or Subcontracting. The Consultant shall not assign, transfer, subcontract or encumber
any rights, duties, or interests accruing from this Agreement without the express prior written consent of
the City, which consent may be withheld in the sole discretion of the City.
15. Notice. Any notices required to be given by the City to the Consultant or by the Consultant to the City
shall be in writing and delivered to the parties at the following addresses:
Robert Putaansuu
Mayor
216 Prospect Street
Port Orchard, WA 98366
Phone: 360.876.4407
Fax: 360.895.9029
CONSULTANT
Matt Fontaine, P.E. Associate Engineer
Herrera Environmental Consultants, Inc.
2200 6th Ave, Ste. 1100
Seattle, WA 98121
Phone: 360-265-8031
16. Resolution of Disputes and Governing Law.
A. Should any dispute, misunderstanding or conflict arise as to the terms and conditions
contained in this Agreement, the matter shall first be referred to the Mayor, who shall determine the term
or provision's true intent or meaning. The Mayor shall also decide all questions which may arise between
the parties relative to the actual services provided or to the sufficiency of the performance hereunder.
B. If any dispute arises between the City and the Consultant under any of the provisions of
this Agreement which cannot be resolved by the Mayor's determination in a reasonable time, or if the
Consultant does not agree with the Mayor's decision on a disputed matter, jurisdiction of any resulting
litigation shall be filed in Kitsap County Superior Court, Kitsap County, Washington.
C. This Agreement shall be governed by and construed in accordance with the laws of the
State of Washington. In any suit or action instituted to enforce any right granted in this Agreement, the
substantially prevailing parry shall be entitled to recover its costs, disbursements, and reasonable attorneys'
fees from the other party.
17. General Provisions.
A. Non -waiver of Breach. The failure of either party to insist upon strict performance of any
of the covenants and agreements contained herein, or to exercise any option herein contained in one or more
instances, shall not be construed to be a waiver or relinquishment of said covenants, agreements, or options,
and the same shall be in full force and effect.
B. Modification. No waiver, alteration, modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and
the Consultant.
C. Severability. The provisions of this Agreement are declared to be severable. If any
provision of this Agreement is for any reason held by a court of competent jurisdiction to be invalid or
unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of
any other provision.
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D. Entire Agreement. The written provisions of this Agreement, together with any Exhibits
attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City,
and such statements shall not be effective or be construed as entering into or forming a part of or altering
in any manner whatsoever, the Agreement or the Agreement documents. The entire agreement between
the parties with respect to the subject matter hereunder is contained in this Agreement and the Exhibits
attached hereto, which may or may not have been dated prior to the execution of this Agreement. All of
the above documents are hereby made a part of this Agreement and form the Agreement document as fully
as if the same were set forth herein. Should any language in any of the Exhibits to this Agreement conflict
with any language contained in this Agreement, then this Agreement shall prevail.
18. Title VI
The City of Port Orchard, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252,
42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation
subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the
Department of Transportation issued pursuant to such Act, must affirmatively insure that its contracts
comply with these regulations.
Therefore, during the performance of this Agreement, the Consultant, for itself, its assignees, and
successors in interest agrees as follows:
1. Compliance with Regulations: The Consultant will comply with the Acts and the Regulations
relative to Nondiscrimination in Federally -assisted programs of the U.S. Department of
Transportation, Federal Highway Administration (FHWA), as they may be amended from time to
time, which are herein incorporated by reference and made a part of this Agreement.
2. Nondiscrimination: The Consultant, with regard to the work performed by it during this
Agreement, will not discriminate on the grounds of race, color, national origin, sex, age,
disability, income -level, or LEP in the selection and retention of subcontractors, including
procurements of materials and leases of equipment. The Consultant will not participate directly or
indirectly in the discrimination prohibited by the Acts and the Regulations as set forth in
Appendix A, attached hereto and incorporated herein by this reference, including employment
practices when this Agreement covers any activity, project, or program set forth in Appendix B of
49 C.F.R. part 21.
Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all
solicitations, either by competitive bidding, or negotiation made by the Consultant for work to be
performed under a subcontract, including procurements of materials, or leases of equipment, each
potential subcontractor or supplier will be notified by the Consultant of the Consultant's
obligations under this Agreement and the Acts and the Regulations relative to Non-discrimination
on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP.
4. Information and Reports: The Consultant will provide all information and reports required by
the Acts, the Regulations and directives issued pursuant thereto and will permit access to its
books, records, accounts, other sources of information, and its facilities as may be determined by
the City or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and
instructions. Where any information required of the Consultant is in the exclusive possession of
another who fails or refuses to furnish the information, the Consultant will so certify to the City
or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information.
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5. Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the Non-
discrimination provisions of this Agreement, the City will impose such contract sanctions as it or
the FHWA may determine to be appropriate, including, but not limited to:
1. withholding payments to the Consultant under the Agreement until the contractor
complies; and/or
2. cancelling, terminating, or suspending the Agreement, in whole or in part.
Incorporation of Provisions: The Consultant will include the provisions of paragraphs one
through six in every subcontract, including procurements of materials and leases of equipment,
unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Consultant
will take action with respect to any subcontract or procurement as the City or the FHWA may
direct as a means of enforcing such provisions including sanctions for noncompliance. Provided,
that if the Consultant becomes involved in, or is threatened with litigation by a subcontractor, or
supplier because of such direction, the Consultant may request the City to enter into any litigation
to protect the interests of the City. In addition, the Consultant may request the United States to
enter into the litigation to protect the interests of the United States.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year set forth
above..
CITY OF PORT ORCHARD,
WASHINGTON
By;
Robert Putaansuu, Mayor
ATTEST��NT-1_C_ a
By: +
Brandy Rinearson,DAMC
City Clerk
APPROVED AS TO FORM:
B.y:
� c-Y
Charlotte A. Archer, City Attorney
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CONSULTANT
By: 77�"- k�40,
Theresa Wood, Ae President
Name: Theresa M. Wood
Title: Vice President
City of Port Orchard and Herrera Environmental Consultants, Inc.
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Professional Service Agreement Contract No. 009-22
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APPENDIX A
During the performance of this Agreement, the Consultant, for itself, its assignees, and successors in
interest agrees to comply with the following non-discrimination statutes and authorities; including but not
limited to:
Pertinent Non -Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 C.F.R. Part 21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42
U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been
acquired because of Federal or Federal -aid programs and projects);
• Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the
basis of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 C.F.R. Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U .S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 USC§ 471, Section 4 7123), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs
or activities" to include all of the programs or activities of the Federal -aid recipients, sub -
recipients and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis
of disability in the operation of public entities, public and private transportation systems, places
of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as
implemented by Department of Transportation regulations at 49 C.P.R. parts 37 and 38;
• The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low -Income Populations, which ensures discrimination against minority
populations by discouraging programs, policies, and activities with disproportionately high and
adverse human health or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes discrimination
because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take
reasonable steps to -ensure that LEP persons have meaningful access to your programs (70 Fed.
Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
City of Port Orchard and Herrera Environmental Consultants, Inc.
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EXHIBIT A - SCOPE
CITY OF PORT ORCHARD STORMWATER
AND WATERSHEDS COMPREHENSIVE PLAN
- PHASE 2
In October 2021, the City of Port Orchard (the City) authorized Herrera Environmental
Consultants, Inc. (Herrera) to prepare a scope of services and cost estimate to provide support
for the Phase 2 of the City's Stormwater and Watersheds Comprehensive Plan (SWCP). Phase 1
of this project was recently completed. This scope of services is for Phase 2. This scope of
services includes a discussion of the activities, assumptions, deliverables, and City responsibilities
associated with the project tasks:
• Task 8.0 — Stormwater Program Development.............................................................................2
• Task 9.0 — Stormwater Management Action Plan Ecology Permit Requirements ........... 3
• Task 10.0 - Capital Improvement Prioritization, Summary Sheets and Grant
Application...................................................................................................................................................5
• Task 11.0 —Public Participation.............................................................................................................8
• Task 12.0 —Financial Analysis................................................................................................................9
• Task 13.0—Stormwater and Watersheds Comprehensive Plan and Adoption...............12
• Task 14.0 —Project Management/Contract Administration....................................................14
• Project Budget and Schedule............................................................................................................14
The Consultant team (Consultant) for this project includes Herrera, FCS GROUP, GeoEngineers,
and Reid Middleton. AES Consulting, Inc (AES) and Applied Professional Services (APS) are also
on the team to provide professional land survey and pipe inspection services if needed, though
these tasks that not included in the scope of work at this time. All deliverables listed are
electronic files and all meetings or workshops are online or on the phone unless otherwise
noted. The City will provide consolidated comments on all draft deliverables.
Consultant's services shall be limited to those expressly set forth herein. If the service is not
specifically identified herein, it is expressly excluded. Consultant shall have no other obligations,
duties, or responsibilities associated with the project except as expressly provided in this
Agreement.
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SCOPE OF SERVICES
TASK 8.0 - STORMWATER PROGRAM DEVELOPMENT
Consultant will work with the City to finalize the Stormwater and Watersheds Program goals and
levels of service matrix. As part of this task, the consultant will develop an Asset Management
Plan process and framework for stormwater. The process and framework will be developed in a
manner that will enable the City to expand the program to other utilities after project
completion.
Subtask 8.1- Stormwater Management Program / Utility
Levels of Service
Based upon City comments in Phase 1 following review of the City of Port Orchard Stormwater
and Watersheds Program Evaluation and Recommendations report (staffing and funding
recommendations for future program implementation), the consultant will revise the Program
Goals and Levels of Service Matrix to create a final report. Any City comments on the final report
will be integrated into the City of Port Orchard Stormwater and Watersheds Comprehensive Plan
(see Task 14).
Assumptions
• Consultant will conduct a one -hour meeting to review the Goals and Levels of Service
Matrix.
• The City will identify and invite appropriate staff to participate in each meeting.
The City will review and provide consolidated feedback on all deliverables for this task.
The level of service matrix will identify goals for each program area and the extent to
which each goal will be achieved by each level of service.
• The financial analysis task will examine levels of service defined in this task.
Deliverables
• Draft and final meeting notes
• Draft and final Program Goals and Levels of Service Matrix
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TASK 9.0 - STORMWATER MANAGEMENT ACTION PLAN
ECOLOGY PERMIT REQUIREMENTS
Consultant will conduct activities to complete the Stormwater Management Action Plan permit
requirements for the receiving waters assessment (due to Ecology March 31, 2022), receiving
water prioritization (due June 30, 2022, with submittal to Ecology March 31, 2023) and the
Stormwater Management Action Plan (due to Ecology March 31, 2023).
The watershed inventory from Phase 1 will be revised to include basin analysis for a future
development metric, a narrative of stormwater management influence, final heat maps, and final
Watershed Inventory Process Technical Memorandum. These work products will complete the
receiving waters conditions assessment (S5.C1.d.i).
To complete the prioritization requirement (S5.C1.d.ii), a scoring and ranking criteria system will
be developed and applied to the receiving waters assessment to identify the receiving water and
targeted beneficial use expected to restore or conserve most from future implementation of a
Stormwater Management Action Plan (SMAP). The highest priority watershed will be subdivided
into catchments (if needed) of 400-600 acres in size. Heat maps will be developed for the
priority basin using GIS analysis for a selected combination of flow accumulation, stormwater
generation, and water quality of 400-600-acre catchments. The receiving waters prioritization
technical memorandum will document the process and reasoning for selection of the catchment
for developing a SMAP.
The SMAP will be developed to include a description of stormwater facility retrofits, land
management/development strategies identified, and targeted non-structural actions. Each
action will have a project summary sheet describing the cost, expected benefit (i.e., pollutant
reduction or flow control), timeline, schedule, and funding sources. The final plan will be
reviewed with existing local long-range plans for alignment. Future assessment and feedback
adaptive management strategies will be described. The SMAP will meet the Ecology SMAP
requirement (S5.C.1.d.iii).
Subtask 9.1 - Receiving Waters Conditions Assessment
The receiving waters conditions assessment will be updated to include a two additional metrics
for stormwater management influence 1) for future development based upon the City's
Buildable Lands Report and zoning and 2) overburdened communities where the water quality
issues and human health impacts overlap and can be addressed (at least partly) through
stormwater management improvements. A narrative, based upon a meeting with City staff, will
be documented as a technical memo summarizing stormwater influences, priority actions and
receiving water benefits for each basin, as well as summarizing which basins will be advanced to
prioritization. The draft technical memorandum and watershed inventory will be revised to
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include the new metrics and narrative and finalized following City comments as the Ecology
submittal.
Subtask 9.2 - Receiving Waters Prioritization
Watershed ranking and prioritization criteria will be developed and finalized following review
and comment from the City. Watersheds will be ranked and scored so that the top priority
receiving water and watershed are preliminarily identified.
For the selected highest priority watershed, catchments will be identified using GIS. GIS analysis
for priority characteristics of 400-600-acre catchments will visually identify areas of high priority
for selection. Based upon discussion, consideration of proposed Capital Improvement Projects,
planned projects, opportunities, operational BMPs, land management strategies, and receiving
water benefits, the priority candidate catchment (400-600 acres in size) will be selected for
stakeholder review. Overburdened community characteristics in the priority catchment will
Following approval by the City, a stakeholder and public process will be implemented as
described in the Public Involvement task (Task 12.0).
A summary technical memorandum of the ranking criteria, prioritization and public process and
results will be provided to the City for submittal to Ecology.
Subtask 9.3 - Stormwater Management Action Plan
The SMAP will be developed and include a description of up to 6 project summary sheets for
identified stormwater facility retrofits, management/development strategies, and/or targeted
non-structural actions. The plan will be reviewed for alignment with local long-range plans. A
proposed implementation schedule and potential funding options will be included. Future
assessment and feedback adaptive management strategies will be described. The final SMAP will
satisfy the Ecology requirement.
Assumptions
• Four meetings with the City Project Manager.
Consultant will provide to the City a revised draft, and final Technical memorandum
summarizing the Receiving Waters Assessment process and the Watershed Inventory
matrix.
• City will provide access to the overburdened communities data and StoryMap developed
by Kitsap County.
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• Consultant will develop a draft ranking and prioritization matrix for receiving water
prioritization, the City will review and comment, and Consultant will finalize the receiving
water prioritization matrix.
• Consultant will develop a draft catchment scale GIS heat maps (up to two) of candidates
in the top priority watershed, the City will review and comment. Consultant will finalize
the catchment scale heat map(s).
• Consultant will identify 2 non-structural (programmatic) projects in the priority
catchment. Structural project will be identified in the CIP Task.
The City will review and provide consolidated feedback on all deliverables for this task.
Deliverables
• Draft and final watershed inventory matrix
• Revised draft and final Technical memorandum summarizing the receiving waters
assessment process and the watershed Inventory matrix.
• Draft and final receiving water ranking/prioritization criteria matrix.
• Draft and final catchment delineation GIS heat map(s) in the top priority watershed.
• Draft and final receiving water prioritization methods and documentation technical
memorandum.
• 2 summary sheets of non-structural projects in the priority catchment.
• Draft and final SMAP.
• Attend 1 City Council Meeting.
TASK 10.0 - CAPITAL IMPROVEMENT PRIORITIZATION,
SUMMARY SHEETS AND GRANT APPLICATION
Consultant will develop CIP project documentation. The documentation and analysis related to
each CIP project is listed in Exhibit A.1. Consultant will support the City in prioritizing the
projects and creating a tiered CIP implementation and cost schedule for 2022-2042 for inclusion
in the SWCP and financial analysis.
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Subtask 10.1 - CIP Project Development
Consultant will develop draft CIP summary sheet packages for each project. The packages will
include a project summary sheet outlining the problem, proposed solution, and prioritization
information. The documentation related to concept development, graphics, computer modeling,
and cost estimating varies by project as described in Exhibit A.1. The City will provide a
consolidated set of comments on the draft CIP summary sheet packages and the Consultant will
lead two video calls with City staff to discuss comments and will then finalize the CIP project
documentation.
Subtask 10.2 - Project Prioritization
CIP project prioritization helps ensure effective use of Stormwater Utility funding and the best
possible service to the residents of the City. Consultant will develop a CIP project prioritization
scheme for review by the City. Consultant will finalize the scheme and apply it to prioritize CIP
projects using a prioritization matrix. Completing draft and final ranking of the projects in
coordination with the City team. Consultant will lead a meeting with City staff to discuss
comments on the prioritization.
Subtask 10.3 - Documentation
Consultant will summarize the Capital Improvement Program Plan, including the process used to
develop and prioritize the project and an implementation schedule with multiple tiers of service,
in the .
Assumptions
• The budget for this task assumes 10 project summary packages.
• The Consultant will update the CIP web map that defines the location of these known
issues and provides an interface for collecting field assessment data.
• Consultant staff will spend a combined total of up to six days of field assessment.
• Field evaluation will be focused on a qualitative evaluation of important stormwater or
natural features. Field measurements (e.g., pipe diameter, channel geometry) may be
collected where features are readily accessible, such as in streams to define culvert
geometry requirements. See Exhibit A-1.
• Professional land survey, pipe inspection services (e.g., CCTV inspection), water quality
sampling, or flow measurements are excluded, but could be added by supplemental
agreement.
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• The City will coordinate / provide right of entry where private property entry is required.
• Where significant vegetation removal is required for site access, the City will complete
the vegetation removal prior to the field assessment.
• A City staff member and/or the City's project manager will be available to meet with
Consultant staff to provide site access, background information, and general field
support as needed.
• Streamflow frequency will be estimated using USGS StreamStats online flow frequency
tool or similar when needed for conceptual design.
• Consultant will use analogous (top down) estimating as the default method for
developing initial CIP cost estimates. Parametric (itemized) estimating may be prepared
for priority projects if budget allows. Appropriate percentages will be applied for
contingencies and allied costs (e.g., design, geotechnical, construction management, City
project management).
• The City will review and provide consolidated feedback on all deliverables for this task.
• Project concept design drawings will primarily be developed in a plan view format in GIS.
• The CIP summary packages will be subject to one round of review and revision.
• All City review comments will be synthesized by the City project manager and
consolidated into a single set of comments. City review comments will be provided
within two weeks of project summary sheet and cost estimate submittal.
• Consultant will lead up to 5 meetings that are each up to 2 hours long during this task:
o 2 meetings to discuss City comments on the draft prioritization results
o 2 meetings to discuss City comments on the draft summary sheet packages
• Additional iterative CIP project summary sheet and cost refinement may be performed,
as budget and schedule allow.
Deiiverabies
• Draft and final versions of up to 10 CIP project summary packages in pdf format.
• Final CIP location shapefile.
• Narrative on CIP prioritization process and CIP implementation schedule that includes
multiple levels of service.
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TASK 11.0 -PUBLIC PARTICIPATION
The Public Involvement Plan from Phase 1 will be updated to reflect how the City conducts
outreach and obtains feedback. Activities will include soliciting photos from local amateur
photographers, outreach materials, and conduct a stakeholder workshop.
Consultant will prepare a PowerPoint presentation for the City to present the receiving waters
assessment and receiving waters prioritization to foster community and stakeholder discussions.
Consultant will organize and assist with one virtual or in -person workshop.
Assumptions
• Consultant will update and finalize the Public Participation Plan; City will review and
comment.
• Consultant will coordinate with Kitsap Photography Guild soliciting and organizing.
• Consultant will plan and facilitate a Watershed Inventory and Prioritization workshop
for external public and stakeholders (i.e., stakeholders who are not City departments)
• Consultant will create a PowerPoint slide show presenting the receiving water
conditions assessment and receiving water prioritization, and overall goals of the
Port Orchard Stormwater and Watersheds Comprehensive Plan.
• The City will provide an online meeting platform for all online meetings and/or post
the presentation materials and PowerPoint video on the City website
Deiiverabies
Draft and revised public participation plan (anticipated to be a living document through
the project).
• Watershed Inventory and Prioritization presentation PowerPoint.
• Draft and final agenda and notes for the Watershed Inventory and Prioritization
stakeholder meeting.
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TASK 12.0 - FINANCIAL ANALYSIS
Subtask 12.1 - Financial Task Initiation
Prepare an initial data request identifying financial, operational, and capital planning data
pertinent to the performance of the analysis. Follow up with City staff as necessary for any
additional items or clarifications. Call -in to a kickoff meeting with key City staff to review the
financial task, methodology, timeline, expectations, and desired outcomes. Perform
miscellaneous project set up activities, scheduling, work paper documentation, invoicing, and
other miscellaneous project administration activities.
Deiiverabies
• Attend one (1) remote financial task kickoff meeting.
• Meeting notes documenting study schedule, goals, etc.
• Delivery of a request for information needed to perform the analysis.
• Monthly invoices to Herrera, Inc. with the level of effort and description of activity.
Subtask 12.2 - Revenue Requirements Analysis
The revenue requirement is defined as the total amount of rate revenue needed to meet an
enterprise's financial obligations, including capital, operating, and policy -driven commitments.
The results of the revenue requirement analysis will be the recommended percentage rate
increases or decreases, as applied to the current rate structure needed to meet the obligations
of the stormwater service.
Using an Excel spreadsheet model, and with the input of City and Consultant staff, Consultant
will construct or adapt an analytical model to project operations and capital revenue
requirements for up to a 10-year period. The planning horizon for the revenue requirements
analysis can be scaled to match the planning horizon of the capital plan. The model will be
constructed with user -friendliness in mind and will accommodate user -entry of key data and
assumptions. The model will be flexible and stable enough to analyze multiple scenarios and/or
levels of service.
Deiiverabies
Develop baseline revenue requirement analysis (electronic [Excel]).
• Attend two (2) remote meetings with City staff to review baseline revenue requirement.
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• Single-family service rate comparison for up to six (6) jurisdictions chosen by City staff.
Subtask 12.3 - Service Level Matrix
Consultant will work with the City to define service levels for consideration and group the utility
activities and CIP projects by program area and level. Often these service levels include
"existing", "future regulatory compliance", "proactive", and sometimes "comprehensive".
Consultant will estimate the costs of achieving each service level in each program service line.
Consultant will use an Excel spreadsheet model to calculate rates for each service level, and
compile results in a matrix format for communication to Council.
De/iverab/es
• Draft level of service matrix (electronic [Word / Excel]).
• Attend one (1) remote meeting with City staff to review level of service matrix.
• Revised level of service matrix for use in the revenue requirement (electronic [Word /
Excel]).
Subtask 12.4 - Capital Facilities Charge (CFC)
CFCs are one-time fees, paid at the time of development, intended to recover a share of the cost
of system capacity needed to serve growth. They serve two primary purposes:
• to provide equity between existing and new customers; and
• to provide a source of funding for system capital costs.
The CFC is an upfront charge imposed on growth and is primarily a charge on new
development, although also applicable to expansion or densification of development when such
actions increase requirements for utility system capacity.
This task will calculate a legally defensible charge for City Council's consideration. A CFC
benchmarking survey of up to six (6) jurisdictions in the region will be developed. Develop a
draft CFC implementation ordinance for the City's review.
De/iverab/es
• Calculation of CFC per equivalent service unit.
Attend one (1) remote meeting with City staff to review CFC calculation.
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• Single-family CFC comparison for up to six (6) jurisdictions chosen by City staff.
• Draft code ordinance in aid of CFC implementation.
Subtask 12.5 - Documentation and Public Meetings
Prepare for and attend up to two (2) remote meetings with the City Council to present study
results. Prepare a draft and final rate study report following the City Council meetings. The
documentation will outline the rate study process for future reference, and it will include a
recommended rate strategy, as well as an explanation of the rationale for recommendations.
De/iverab/es
• Draft and final PowerPoint presentations for City Council meetings.
• Attend and participate in two (2) remote City Council meetings.
• Spreadsheet Model — Provide a copy of the Excel spreadsheet model.
• Draft Report — Prepare a draft report that summarizes the findings, recommendations,
and supporting materials for the analysis.
• Final Report — Prepare a final report with revisions based on City staff comments.
Assumptions
• Consultant will meet with City staff for a financial task kickoff meeting.
• Revenue requirement findings may be revised based on feedback from the City.
• Consultant will produce a draft level of service assessment for major utility activities and
projects.
• Consultant will coordinate with City staff to estimate system capacity for incorporation
into the CFC calculation.
• Consultant will meet with City staff up to four times to review and discuss the draft study
results. Following these review meetings, Consultant will revise the analysis and finalize
recommendations.
• Consultant will prepare for and meet with the City Council two times to present and
discuss findings.
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• All meetings are assumed to be remote meetings (no travel). If restrictions on public
gatherings ease during the study, we would be happy to attend onsite meetings, with a
budget amendment to cover additional travel.
• The rate design and credit program will not change. Any necessary rate adjustments will
be applied 'across-the-board' to the City's existing rate structure.
Summary of Deliverables
Revenue requirements analysis and model in Excel spreadsheet
• Draft level of service matrix
• Revised level of service matrix for use in the financial analysis
• Final level of service matrix incorporating cost information from the financial analysis
• Single-family service charge and capital facilities charge comparison survey (up to six
jurisdictions)
• Calculate a legally defensible stormwater capital facilities charge
• One project kickoff meeting
• Four City staff -level review meetings
• Two City Council meetings and presentation materials
• Draft financial analysis report
• Final financial analysis report
• Analytical model
TASK 13.0 - STORMWATER AND WATERSHEDS
COMPREHENSIVE PLAN AND ADOPTION
Consultant will develop the SWCP using information developed in prior tasks. Consultant will
produce an internal review draft, public review draft, council review draft, and final SWCP.
Consultant will begin with development of a working outline for the Plan that will help guide the
development of the document. This outline will be tentatively approved by the City,
understanding that minor adjustments may be made as the work progresses. During
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development of the outline Consultant will also discuss preferred document layout and formats,
platform, and handling of appendices and links with City staff.
Consultant will prepare a style guide for the document that may be based on the City document
style guide, or other City examples or preferences. The style guide will be subject to one round
of review and revision by the City before incorporation into the SWCP.
Consultant will prepare a complete draft Stormwater and Watersheds Comprehensive Plan (Plan)
according to the agreed upon outline. The draft Plan will include several chapters, graphics,
performance measures, and recommendations organized by topic area (e.g., policies, NPDES
Permit compliance, operations and maintenance, CIP projects, etc.), and will describe linkages to
other City programs. The Internal Draft will be for internal City staff review only, prior to release
to the public and stakeholders.
After internal review of the Internal Draft Plan has been completed, Consultant will address City
comments on the Internal Draft Plan and develop an updated Public Review Draft Plan for
broader review by the Planning Commission, stakeholders, and the public. Based on the input
and comments received during the review process, the Public Review Draft Plan will be updated
and finalized (Council Review Draft) prior to going through the Council Adoption process.
Consultant will make minor adjustments to the Council Review Draft and provide a final
Stormwater and Watersheds Comprehensive Plan in electronic and paper format.
Assumptions
• The City will provide a consolidated set of comments on each draft.
The Plan is anticipated to be 80 pages in length, have graphical/image-heavy style, and
be developed using Adobe InDesign.
Text for individual chapters may be provided for City review in word format; however, all
complete drafts will be provided as pdfs.
Deliverables
• Draft and final plan outline, Microsoft Word format.
• Document style guide, pdf format.
• Internal Review Draft Plan, pdf format.
• Public Review Draft Plan, pdf format.
• Council Review Plan, pdf format.
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• Attendance at one City Council meeting
• Final Plan, pdf format; 5 paper copies
TASK 14.0 - PROJECT MANAGEMENT/CONTRACT
ADMINISTRATION
Herrera will be responsible for ongoing management and contract administration of this project,
including preparing monthly invoices, as well as coordination of work efforts with the City's
project manager and subconsultants. Herrera's project manager and contract manager will have
phone and e-mail contact with the City's project manager and other City representatives on an
as -needed basis with regard to scope, schedule, budget, and invoicing issues.
This task also includes regular bi-weekly calls between the Herrera and City project manager.
These calls are in addition to task -specific meetings outlined in previous tasks. Herrera will
perform QA/QC of deliverables, including subconsultant deliverables.
Assumptions
Check -ins will occur on the phone or video conference every two weeks, and may be
conducted in person as needed and as budget allows
• Herrera and City will provide contact information for project manager back-up should
primary contact(s) be unavailable.
Deliverables
• Monthly invoices
• Monthly progress reports
PROJECT BUDGET AND SCHEDULE
The estimated project Budget and Schedule are provided in Exhibits B and C respectively.
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Herrera Environmental Consultants
12/1/2021
Cost Estimate for Port Orchard SW Comprehensive Plan Phase 2
Herrera Project No. 20-07401-000
Task No.
Herrera Labor based on: Burdened Labor Rates
r
Ewbank, Mark Vice President $269.88
r
0 1
0
0
0 M6
i
Michaud, Joy Scientist VI $251.99
2
9
0
2
0
7
0
20
Lenth, John Vice President $269.88
0
0
0
0
2
2
Fontaine, Matthew Engineer V $204.15
4
22
55
16
20
26
143
Form, Mindy Scientist III $158.84
4
77
0
30
0
36
58
205
Dugopolskl, Rebecca EnglneerV $207.26
6
0
0
34
40
Chechanover, Julianne Engineer) $121.59
9
12
94
4
31
150
Wingrove, Katie Engineer II $143.93
0
61
16
24
8
64
0
I
I
I
I
I
I
I
I 20
18
119
Schmidt, Jennifer GIS Analyst V $193.25
0
3
4
7
Ode -Giles, Lauren GIS Analyst II $98.87
0
0
10
0
10
Jackowich, Pam Administrative Coordinate $123.03
8
4
0
28
0
40
Rudnick Tracy Project Accountant IV $125.43
0
0
0
16
16
Vayanos, Stacy Landscape Architect III $125.33
0
0
40
0
48
Waggoner, Jonathan Engineer III $178.58
0
I 189
1 $30,571
$30,571
$1,223
$31,794
36
0
36
Blaud, Brlanna Scientist III $143.93
0
29
216
$33,970
$33,970
$1,359
$35,329
0
I io0
$16,527
$16,527
$661
$17,189
29
Total Hours per Task 33
Subtotal Labor) $5,278
Subtotal Herrera Labor) $5,278
4% Escalation on Herrera Labor in 2022I $211
Escalated Subtotal Herrera Labor $5,489
I 244
1 $37,325
$37,325
$1,493
$38,8.0
866
$9,726
$3,753
I $137,150
I $137,150
$5,486
$142,636
$9,726
$389
$10,115
$3,753
$150
$3,903
Subconsultants
Reid Middleton
$30,000
$30,000
FCS
$48,410
$48,410
GeoF,gineem
$15,000
$0
$0
$15,000
3% Fee on Subconsultants
$0
$0
$1,350
$0
$1,452
$0
$0
$2,802
Subtotal Subconsultant Cost
$0
$0
$46,350
$o
$49,862
$o
$0
$96,212
Travel and Per Diem (PD)
Auto Use
Date Updated:
Mile $0.56
t,
n
200
50
0
250
Subtotal Per Dlem
so
I so
s11z
$28
$o
$o I
$o
slao
Other Direct Costs (ODCs)
Item Unit Dat
GPS unit (Arrow 100 w/ IPa Day $85.00
0
0
14
1 0
0 1
0 1
0
4
Subtotal ODCs
$o
$o
$340
$o
$o
$o
$0
5340
Subtotal Per Diem, Lab Costs, and ODCs
$o
$o
$452
$28
$o
$o
$o
$480
Grand Subtotal
$5,489
1 $31,794
1 $85,620
1 $10443 1
$53,765 1
$35,329 1
$17,189
$239,328
Grand Total
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