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25-051.00SpokaneCountyILAStormwaterConsultantServices INTERLOCAL AGREEMENT FOR COST SHARING FOR STORMWATER CONSULTANT SERVICES BETWEEN SPOKANE COUNTY AND THE CITY OF SPOKANE VALLEY THIS AGREEMENT is made and entered into by and between Spokane County,a political subdivision of the State of Washington, having offices for the transaction of business at 1116 West Broadway Avenue, Spokane, Washington 99260, hereinafter referred to as "COUNTY" and the City of Spokane Valley, a municipal corporation of the State of Washington, having offices for the transaction of business at 10210 East Sprague Avenue, Spokane Valley, Washington 99206, hereinafter referred to as "CITY," jointly hereinafter referred to as the"PARTIES." The COUNTY and CITY agree as follows. SECTION NO. 1: RECITALS AND FINDINGS (a) The Board of County Commissioners of Spokane County has the care of County property and the management of County funds and business. (b) The City Council of the City of Spokane Valley has the care of City property and the management of City funds and business. (c) Counties and cities may contract with each other to perform certain functions which each may legally perform under chapter 39.34 RCW(Interlocal Cooperation Act). (d) Pursuant to RCW 39.34.030(5),an awarding agency's compliance with the procurement processes required of that agency relieves the cooperating non-awarding agency's duty to follow its procurement processes if the awarding agency posted the bid or solicitation notice on a website established and maintained by a public agency,purchasing cooperative,or similar service provider, for purposes of posting public notice of bid or proposal solicitations. (e) RCW 39.34.030(7)further authorizes Spokane County and the City of Spokane Valley to enter into agreements for the financing of joint projects. (f) Pursuant to RCW 36.32.235 et seq., Spokane County duly advertised through its online solicitation notice portal its request for interested consultants to submit qualifications to assist in the advancement of stormwater research projects on an on-call basis for miscellaneous county project work with individual fee values estimated to be below a certain dollar amount. (g) Spokane County identified and solicited bids from fifty-seven firms and from two highly responsive proposals selected the consultant that it determined to be the most qualified firm, said on-call consultant which is tasked now with developing updates to the Spokane Regional Stormwater Manual (SRSM) to submit to the Department of Ecology for determination of functional equivalency to Ecology's Stormwater Management for Eastern Washington manual. (h) Updates to the SRSM impact property within the territorial limits of the City of Spokane Valley, and the City of Spokane Valley therefore desires to provide information and feedback to Spokane County and the consultant selected by Spokane County regarding the same. (i) The Services solicited by Spokane County will require the selected firm to develop updates to the Spokane Regional Stormwater Manual for all properties within Spokane County, which includes those properties within City of Spokane Valley,regardless of whether one or both agencies contract for the same. Interlocal Agreement for Regional Stormwater Manual Update. Page 1 of 10 (j) Spokane County and the City of Spokane Valley find it mutually beneficial to (a) designate the development of SRSM updates to be a joint project of the Parties and (b) share the cost of developing said updates, which updates will be implemented by both the COUNTY and the CITY. SECTION NO. 2: DEFINITIONS (a) Agreement: "Agreement" means this Interlocal Agreement between the CITY and COUNTY regarding cost sharing for consulting services related to developing an updated SRSM. (b) City: "CITY"means the City of Spokane Valley. (c) County: "COUNTY"means Spokane County. (d) Services: "Services" means those services identified in Exhibit A for development of updates to the SRSM, which Exhibit A is attached hereto and incorporated herein by reference. (e) Uncontrollable Circumstances: "Uncontrollable Circumstances"means the following events:riots, wars, civil disturbances, insurrections, acts of terrorism, external fires and floods, volcanic eruptions, lightning or earthquakes at or near where the Services are performed and/or that directly affect providing of such Services. (f) Consultant: "Consultant"means the consultant with whom the COUNTY enters into a contract to perform the Services identified in Exhibit A. (g) SRSM: "SRSM"means the Spokane Regional Stormwater Manual. SECTION NO.3: PURPOSE The COUNTY intends to contract with a consultant for Services to (a) prepare SRSM updates that are to be incorporated into the revised SRSM by COUNTY and CITY, and (b) coordinate those updates for approval with the Department of Ecology. The purpose of this Agreement is to reduce to writing the PARTIES'understanding as to the terms and conditions under which the CITY will participate in and share the costs of the Services to develop an updated SRSM for the PARTIES'joint use. SECTION NO. 4: DURATION/WITHDRAWAL This Agreement shall commence when fully executed and run until December 31, 2027, unless one of the PARTIES provides notice as set forth in Section 7. The partied may extend the term by mutual agreement. This Agreement may be terminated by COUNTY or CITY only for material breach of the terms herein, and only if the breaching Party fails to cure a material breach after having been given fifteen(15) days written notice of the material breach by the Party termination the Agreement. SECTION NO.5: COST OF SERVICES AND PAYMENTS The COUNTY will pay to the Consultant 100% of the fees charged thereby for the Services identified in Exhibit A. The CITY will reimburse the COUNTY for 50% of the amounts so paid by the COUNTY for Tasks 1 through 4 identified in the "Fee Summary & Project Schedule" section of Exhibit A. The CITY will reimburse the COUNTY for 50% of those amounts paid by the COUNTY for "Task 5 Directed Services" that the CITY authorized in writing to be performed prior to said Directed Service being performed. Interlocal Agreement for Regional Stormwater Manual Update. Page 2 of 10 If Consultant's cumulative charges for any"Task"exceed the amounts identified in the "Fee Summary& Project Schedule"of Exhibit A, then the PARTIES shall negotiate the reimbursement rate for such excess amounts in good faith. If the PARTIES are not able to come to agreement thereon within thirty(30) days, then the reimbursement rate shall be subject to arbitration under Section No. 15 herein unless the PARTIES agree in writing to an alternative dispute resolution process. The COUNTY shall invoice the CITY for the cost of Services quarterly,by the 15th of the month for the previous quarter. The COUNTY's quarterly invoices to the CITY shall be accompanied by the invoices and/or billing statements submitted by the Consultant and paid by the COUNTY during the quarter to which the COUNTY's quarterly invoice pertains. The CITY will make payments to the COUNTY by the 5th of the following month. The PARTIES may dispute any quarterly billing. Pending resolution of any dispute, the PARTIES agree that the payment shall be timely for that portion of the bill that is undisputed. In the event a PARTY disputes any quarterly billing, the dispute shall include, in conjunction with the quarterly payment for the undisputed portion of the bill, a letter stating with specificity the basis for the dispute. The PARTIES agree to meet within thirty(30) calendar days of the receipt of the documentation letter stating the basis for the disputed billing to resolve the matter. In the event the PARTIES cannot mutually resolve the matter within the thirty (30) calendar day time frame, unless otherwise agreed by the PARTIES, the matter shall be resolved pursuant to the Dispute Resolution provisions set forth in Section 15. The selection of arbitrators as provided for in Section 15 shall commence within thirty(30)calendar days of the expiration of the thirty(30) calendar day time frame for informal resolution. Any resolution of a disputed amount through use of the arbitration process identified in Section 15 shall include, at the request of either Party, a determination of whether interest is appropriate, including the amount.Following resolution of a dispute(whether reached informally,by arbitration,or by an alternative agreed upon process), (a) any underpayment will be due with the first quarterly payment that comes due following resolution, and (b) any overpayment will be credited to the first quarterly payment that comes due following said resolution. SECTION NO. 6: RELATED RESPONSIBILITIES IN CONJUNCTION WITH PROVIDING SERVICES The PARTIES agree that the Services provided by the Consultant are for development of an updated SRSM for both the COUNTY's and CITY's use, and that the COUNTY is the lead agency in regard thereto. The PARTIES further agree that (a)the Consultant shall work with each of the PARTIES during all stages of the Consultant's work, (b) each PARTY shall provide information to, and receive information from the Consultant which either the Consultant, COUNTY, or CITY deem pertinent to the Services, and (c) the PARTIES shall notify the other PARTY of meetings with the Consultant. The COUNTY agrees to attend staff meetings as requested by the CITY in connection with the Services provided by the Consultant. Likewise, the CITY agrees to attend staff meetings as requested by the COUNTY in connection with the Services provided by the Consultant. The PARTIES further agree to meet upon request to discuss any Service provided under the terms of this Agreement. SECTION NO.7: NOTICE All notices or other communications given hereunder shall be deemed given on: (1) the day such notices or other communications are received when sent by personal delivery; or (2) the third day following the day on which the same have been mailed by first class delivery,postage prepaid addressed to the COUNTY or the CITY at the address set forth below for such Party, or at such other address as either Party shall from time-to-time designate by notice in writing to the other Party: Interlocal Agreement for Regional Stormwater Manual Update. Page 3 of 10 COUNTY: Spokane County Chief Executive Officer or his/her authorized representative 1116 West Broadway Avenue Spokane,Washington 99260 CITY: City of Spokane Valley City Manager or his/her authorized representative 10210 E Sprague Avenue Spokane Valley,Washington 99206 SECTION NO. 8: COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which, when so executed and delivered, shall be an original,but such counterparts shall together constitute but one and the same. SECTION NO. 9: ASSIGNMENT No PARTY may assign in whole or part its interest in this Agreement without the written approval of the other PARTY. SECTION NO. 10: LIABILITY (a) The COUNTY shall indemnify and hold harmless the CITY and its officers,agents,and employees, from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any negligent act or omission of the COUNTY, its officers, agents, and employees, relating to or arising out of performing Services pursuant to this Agreement. In the event that any suit based upon such claim, action, loss, or damages is brought against the CITY, the COUNTY shall defend the same at its sole cost and expense; provided that the CITY reserves the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment in said suit be rendered against the CITY,and its officers,agents, and employees,or jointly against the CITY and the COUNTY and their respective officers,agents, and employees,the COUNTY shall satisfy the same. (b) The CITY shall indemnify and hold harmless the COUNTY and its officers,agents,and employees, from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any negligent act or omission of the CITY, its officers, agents and employees, relating to or arising out of performing Services pursuant to this Agreement. In the event that any suit based upon such claim, action, loss, or damages is brought against the COUNTY, the CITY shall defend the same at its sole cost and expense; provided that the COUNTY reserves the right to participate in said suit if any principle of governmental or public law is involved;and if final judgment in said suit be rendered against the COUNTY,and its officers, agents,and employees,or jointly against the COUNTY and the CITY and their respective officers, agents,and employees,the CITY shall satisfy the same. (c) If the comparative negligence of the PARTIES and their officers and employees is a cause of such damage or injury, the liability, loss, cost, or expense shall be shared between the Parties in proportion to their relative degree of negligence and the right of indemnity shall apply to such proportion. (d) Where an officer or employee of a PARTY is acting under the direction and control of the other PARTY, the PARTY directing and controlling the officer or employee in the activity and/or Interlocal Agreement for Regional Stormwater Manual Update. Page 4 of 10 omission giving rise to liability shall accept all liability for the other PARTY'S officer or employee's negligence. (e) Each PARTY'S duty to indemnify shall survive the termination or expiration of the Agreement. (f) The foregoing indemnity is specifically intended to constitute a waiver of each PARTY'S immunity under Washington's Industrial Insurance Act, chapter 51 RCW, respecting the other PARTY only, and only to the extent necessary to provide the indemnified PARTY with a full and complete indemnity of claims made by the indemnitor's employees. The PARTIES acknowledge that these provisions were specifically negotiated and agreed upon by them. (g) The COUNTY and the CITY agree to either self-insure or purchase policies of insurance covering the matters contained in this Agreement with coverages of not less than$4,000,000 per occurrence. including professional liability and auto liability coverages. SECTION NO. 11: RELATIONSHIP OF THE PARTIES The PARTIES intend that their relationship to each other in connection with this Agreement shall be that of independent contractors. Neither PARTY shall be an agent of the other PARTY, and each PARTY is interested only in the results to be achieved. SECTION NO. 12: MODIFICATION This Agreement may be modified in writing only by mutual written agreement of the PARTIES. SECTION NO. 13: PROPERTY AND EQUIPMENT The ownership of all property and equipment utilized in conjunction with the Services shall remain with the original owner, unless specifically and mutually agreed by the PARTIES to this Agreement. Notwithstanding the foregoing, the COUNTY and CITY shall own equal title to the documents generated by the Consultant, including but not limited to the updated SRSM. SECTION NO. 14: ALL WRITINGS CONTAINED HEREIN/BINDING EFFECT This Agreement contains terms and conditions agreed upon by the PARTIES. The PARTIES agree that there are no other understandings, oral or otherwise, regarding the subject matter of this Agreement. No changes or additions to this Agreement shall be valid or binding upon the PARTIES unless such change or addition is in writing, executed by the PARTIES. This Agreement shall be binding upon the PARTIES hereto, their successors and assigns. SECTION NO.15: DISPUTE RESOLUTION Any dispute between the PARTIES which cannot be resolved between the PARTIES shall be subject to arbitration. Except as provided for to the contrary herein, such dispute shall first be reduced to writing and considered by the COUNTY CEO and the CITY Manager. If the COUNTY CEO and the CITY Manager cannot resolve the dispute it will be submitted to arbitration. The provisions of chapter 7.04 RCW shall be applicable to any arbitration proceeding. The COUNTY and the CITY shall have the right to designate one person each to act as an arbitrator. The two selected arbitrators shall then jointly select a third arbitrator. The decision of the arbitration panel shall be binding on the PARTIES and shall be subject to judicial review as provided for in chapter 7.04 RCW. Interlocal Agreement for Regional Stormwater Manual Update. Page 5 of 10 The costs of the arbitration panel shall be split equally between the PARTIES. SECTION NO. 16: VENUE STIPULATION This Agreement has been and shall be construed as having been made and delivered within the State of Washington and it is mutually understood and agreed by each party that this Agreement shall be governed by the laws of the State of Washington both as to interpretation and performance. Any action at law, suit in equity or judicial proceeding for the enforcement of this Agreement, or any provision hereto, shall be instituted only in courts of competent jurisdiction within Spokane County,Washington. SECTION NO. 17: SEVERABILITY The PARTIES agree that if any parts, terms or provisions of this Agreement are held by the courts to be illegal, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the PARTIES shall not be affected in regard to the remainder of the Agreement. If it should appear that any part, term, or provision of this Agreement is in conflict with any statutory provision of the State of Washington, then the part, term or provision thereof that may be in conflict shall be deemed inoperative and null and void insofar as it may be in conflict therewith and this Agreement shall be deemed to modify to conform to such statutory provision. SECTION NO. 18: RECORDS All public records shall be maintained in accordance with the requirements of the Public Records Act, chapter 42.56 RCW.All public records prepared,owned,used,or retained by the COUNTY in conjunction with contracting Services under the terms of this Agreement shall be deemed CITY property and shall be made available to the CITY upon request by the CITY Manager subject to the attorney client and attorney work product privileges set forth in statute, court rule or case law. Likewise, all public records prepared, owned, used, or retained by the CITY in conjunction with providing Services under the terms of this Agreement shall be deemed COUNTY property and shall be made available to the COUNTY upon request by the COUNTY CEO subject to the attorney client and attorney work product privileges set forth in statute, court rule or case law. Each PARTY will promptly notify the other PARTY of any public disclosure request for copies or viewing of such records as well as the PARTY'S proposed response thereto. SECTION NO. 19: HEADINGS The section headings appearing in this Agreement have been inserted solely for the purpose of convenience and ready reference. In no way do they purport to, and shall not be deemed to define, limit,or extend the scope or intent of the sections to which they pertain. SECTION NO.20: UNCONTROLLABLE CIRCUMSTANCES/IMPOSSIBILITY A delay or interruption in or failure of performance of all or any part of this Agreement resulting from Uncontrollable Circumstances shall be deemed not a default under this Agreement. A delay or interruption in or failure of performance of all or any part of this Agreement resulting from any change in or new law, order, rule or regulation of any nature which renders providing of Services in accordance with the terms of this Agreement legally impossible, and any other circumstances beyond the control of the PARTIES which render legally impossible the performance by the PARTIES of its obligations under this Agreement, shall be deemed not a default under this Agreement. Interlocal Agreement for Regional Stormwater Manual Update. Page 6 of 10 SECTION NO.21: FILING This Agreement shall be filed by the PARTIES with such offices or agencies as required by chapter 39.34 RCW. SECTION NO.22: EXECUTION AND APPROVAL The PARTIES warrant that the officers executing below have been duly authorized to act for and on behalf of the PARTY for purposes of confirming this Agreement. SECTION NO.23: INITIATIVES The PARTIES recognize that revenue-reducing initiative(s) passed by the voters of Washington may substantially reduce local operating revenue for the CITY, COUNTY or both PARTIES. The PARTIES agree that it is necessary to have flexibility to reduce the contracted amount(s)in this Agreement in response to budget constraints resulting from the passage of revenue-reducing initiative(s). If such an event occurs, the PARTIES agree to negotiate in good faith to achieve a mutually agreeable resolution in a timely fashion. SECTION NO.24: COMPLIANCE WITH LAWS The PARTIES shall observe all federal,state,and local laws,ordinances,and regulations,to the extent that they may be applicable to the terms of this Agreement. SECTION NO. 25: DISCLAIMER Except as otherwise provided,this Agreement shall not be construed in any manner that would limit either Party's authority or powers under laws. SECTION NO.26: ASSURANCE The PARTIES shall pay the appropriate PARTY the true and full cost of Services provided under this Agreement as outlined in Section No. 5 herein. The intent of the PARTIES is that neither PARTY will subsidize the other. SECTION NO.27: ADMINISTRATION No separate and distinct legal entity or joint board shall be created to conduct this undertaking.Day-to-day administration of this Agreement shall be through managers appointed by the COUNTY and the CITY. SECTION NO. 28: CHAPTER 39.34 RCW REQUIRED CLAUSES (a) Purposes: See Section No. 3 above. (b) Duration: See Section No. 4 above. (c) Separate Legal Entity: See Section No. 27 above. This Agreement does not create, nor seek to create,a separate legal entity pursuant RCW 39.34.030. (d) Responsibilities of the Parties: See Section Nos. 5 and 6 above. (e) Agreement to be Filed: In accordance with RCW 39.34.040 and Section No. 21 above,the CITY and COUNTY shall be responsible for filing this Agreement. The CITY shall file this Agreement Interlocal Agreement for Regional Stormwater Manual Update. Page 7 of 10 with its City Clerk.The COUNTY shall file this Agreement with its County Auditor or place it on its web site or other electronically retrievable public source. (f) Financing: Each Party shall be solely responsible for financing its obligations under this Agreement or as otherwise provided for herein. (g) Termination: Once executed, this Agreement may be terminated for material breach which is uncured after notice given per Section No.4 above, or by mutual written agreement of the Parties. (h) Property upon Termination: See Section No. 13 above. [signatures follow] Interlocal Agreement for Regional Stormwater Manual Update. Page 8 of 10 IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be executed on date and year opposite their respective signatures. BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON DATED: Z/257,25 MARYMiacm(1 Ch r r OF GOMMvssi ���� / JOSH RNS, ice-Chair 4oE CO )G+ O� , 11/ h+• �,,Ca la • i AL FRENCH,Commissioner SEAL,.•'• •• ,*1 ATTEST: h►� `�`N.�' AMBER WALDREF,Commissions -t vco 2;?4lfJU UEZ,Clerk o e Board CHRIS JORDAN, Co issioner CITY OF SPOKANE VALLEY DATED: 3 J HOHMAN, City Manager ATT ST: APP OVED AS TO FORM: 1LO1 /Cat) Marci atterson, City Clerk City ttorn 's Office Interlocal Agreement for Regional Stormwater Manual Update. Page 9 of 10 EXHIBIT A CONSULTANT SCOPE OF SERVICES AND FEE Interlocal Agreement for Regional Stormwater Manual Update. Page 10 of 10 Project:Spokane Regional Stormwater Manual Update Client:Spokane County and City of Spokane Valley Consultant: Evergreen StormH20 Contract No.: 24012 BACKGROUND AND PURPOSE Spokane County and the cities of Spokane and Spokane Valley developed the Spokane Regional Stormwater Manual (SRSM) to establish standards for stormwater design and management to protect water quality,natural drainage systems,and down-gradient properties as urban development occurs.On October 8,2007,the Washington State Department of Ecology's (Ecology) approved the 2008 SRSM as functionally equivalent to the minimum technical requirements in Appendix 1 of the Eastern Washington Phase II Municipal Stormwater Permit (MS4 Permit). Since then,the MS4 Permit has been updated and reissued three times (2014,2019,and 2024) and the contents of MS4 Permit Appendix 1 are repeated in the 2024 Stormwater Management Manual for Eastern Washington (SWMMEW). Ecology now defines the process for approving functionally equivalent manuals in Section S5.B.5.c of the 2024-2029 MS4 Permit.Specifically, Permittees are required to update,adopt,and make effective functionally equivalent regional manuals and local ordinances by June 30,2027.This includes summarizing significant manual changes using the MS4 Permit Appendix 10 format and submitting draft enforceable requirements,technical standards,and manuals that correspond to updates identified in Appendix 1 to Ecology no later than July 1,2026. Ecology then requires a 180-day review period to develop a written response followed by a time to address Ecology comments and resubmit the required documents for review and approval. The goal of this project is to update the SRSM to be functionally equivalent to the 2024-2029 Permit Appendix.This goal will be achieved by completing the following. • Confirm the edits made to the SRSM by the three contributing jurisdictions for equivalency to the 2019-2024 MS4 Permit are complete and comply with the 2019-2024 MS4 Permit and 2019 SWMMEW (Task 2). • Identify updates needed to the SRSM and ordinances for equivalency to the 2024-2029 MS4 Permit and 2024 SWMMEW (Task 2&3). • Summarize edits and significant revisions to the SRSM since it was published in 2008 into the 2024-2029 MS4 Permit Appendix 10 format (Task 2). • Update the SRSM to include the updates identified from Task 2 (Task 3). • Prepare tables summarizing significant changes to the local programs in the format described in Appendix 10 (Tasks 3 &4). • Coordination with Ecology throughout the project (Task 2&4) and address Ecology comments following their review (Task 4). • Accommodate unanticipated additional work that is outside the limits of the scope of work in the other tasks (Task 5). Al Spokane County&City of Spokane Valley I SRSM Update 1 Task 1 Project Management and Administration This task covers the management,administration,and coordination of the work by the Consultant Team as defined in this Contract including project management, preparation of monthly invoices, project schedule maintenance,and overall coordination with the Client. Consultant Services • General project coordination o Set up and close out the consultant contract. o Coordinate and manage the project team in the successful completion of the scope of work tasks. o Prepare and manage the project schedule. o Develop and manage a project SharePoint site for sharing project documents with the Client. o Prepare amendments to this contract if needed. • Invoicing o Prepare and electronically submit monthly invoices with attached monthly status reports describing the following: ■ Services completed during the month ■ Services planned for next month • Need for additional information ■ Scope/Schedule/Budget issues,if applicable • Schedule update and financial status summary • Monthly Check-In Meetings: o Prepare for and attend twelve (12) monthly check-in meetings (one hour each) for the duration of the project. o The purpose of these meetings is to review the project status with the Client (work completed since previous meeting),review work planned,provide schedule updates,and collect the Client's feedback. o Materials to be developed for these meetings include an agenda,meeting notes,and an action item list. Client Responsibilities • Provide input on the scope,priority of Tasks,Schedule,and Budget. • Process payment of invoices within 30 calendar days of invoice. • Attend all meetings. • Review and process contract change requests and amendments, if needed. Assumptions • The project duration will be eighteen (18) months starting after the contract is executed. • The project schedule shown in Table 4 is a draft schedule and the project schedule will be finalized after the contract is executed. 111,Al Spokane County&City of Spokane Valley I SRSM Update 2 /•I • Invoices will be developed using the Consultant Team standard invoice format, submitted electronically. Budget assumes twelve (12) invoices and status reports over the project duration. Invoices will not be submitted during the Ecology review period. • All meeting notes will be in a bulleted format and limited to a summary of the meeting discussion,decisions made,and action items. • Monthly status reports will also be used as the check-in meeting agenda. • Project check-in meeting agendas and meeting notes will be emailed to the Client on a mutually agreed upon timeline after the contract is executed. • The budget assumes meetings will be held via webinar. • No travel time or mileage is included in the budget. • The Consultant will perform the services described up to the amounts included in the attached Fee Estimate. If additional effort is needed,that extra work will be mutually determined by the Client and Consultant and defined in an amendment. Deliverables • Monthly Progress Reports • Project Schedule and Updates • Project Check-in Meeting Agendas,Minutes,and Action Items Task 2 Identify Revisions The focus of this task is to confirm the existing edits made to the SRSM by the three contributing jurisdictions comply with the MS4 Permits through 2024.Then identify revisions required per the 2024-2029 MS4 Permit, including what revisions are needed and where they are needed. This is expected to include the work described in the following subtasks. Consultant Services • Confirm Existing Edits Meet MS4 Permit Requirements Through 2024 o Review the MS4 Permits'Appendix 1 through 2024 to identify applicable requirements,including ordinance updates.These requirements will be summarized in a table format. o Review the draft SRSM previously prepared by the contributing jurisdictions to confirm the revisions are complete and comply with the MS4 Permit. Identify gaps or additional required revisions. o Identify relevant ordinances updates that have been made. o Summarize revisions made to the SRSM and ordinance updates into a table format. • Identify 2024-2029 MS4 Permit Revisions to SRSM&Ordinances o Review the 2024-2029 MS4 Permit to identify applicable SRSM and ordinance updates.These requirements will be summarized in a table format. o Review the draft SRSM to identify where revisions are needed and generally what needs to be revised to meet the MS4 Permit requirements.These required revisions will be summarized in a table format and in the draft SRSM using the comment option. o Meet with Spokane County and City of Spokane Valley to discuss and identify MAID Spokane County&City of Spokane Valley I SRSM Update 3 what non-Permit revisions they would like to include in the manual update. Review the draft SRSM to identify where non-permit revisions are needed and generally what needs to be revised.These revisions will be summarized in a table format.We have budgeted up to 28 hours for this work. • QA/QC Review o Complete QA/QC review of table summaries and Word comments before they are sent to the Client for review. Client Responsibilities • Prepare for and attend the meeting to discuss non-Permit required revisions to the SRSM. • Review and provide feedback on draft deliverables within the agreed-upon schedule. • Provide Evergreen StormH2O with a redline copy of the latest version of the SRSM in Word format. Assumptions • Through prior contracts,Evergreen StormH2O has conducted a review of ordinances for both the City of Spokane Valley and Spokane County for compliance with the 2019-2024 MS4 Permit.As such,it is assumed that both jurisdictions'ordinances were updated and in compliance through the 2019-2024 MS4 Permit and will not be reviewed for compliance for this contract. • Ordinance updates for the 2024-2029 MS4 Permit will be limited to identifying what needs to be updated. • The 2024-2029 MS4 Permit Appendix 10 format will be used for summarizing required significant changes which are expected to include changes that deal with Appendix 1 or BMP design criteria since the SRSM last received functionally equivalent approval. • The Consultant Team will use the comment option in Excel or Word to respond to Client comments on draft deliverables.Revisions to draft deliverables will be submitted via email back to the Client for official record of how the comments were addressed. • The budget assumes one round of comments from the Client on draft deliverables which the Consultant Team will incorporate into the final documents. Deliverables • Draft Summary Tables of MS4 Permit Requirements and Required Revisions. • Comments in the SRSM identifying where changes are needed and generally what changes are needed. Task 3 Draft Manual Update The focus of this task is to update the SRSM per the revisions identified in Task 2. Consultant Services • Update the SRSM to Include Identified Revisions o Update the SRSM to include the revisions identified in Task 2. o Address and incorporate comments from the Client on the draft SRSM content mpAi Spokane County&City of Spokane Valley I SRSM Update 4 v and tables. • QA/QC Review o Prior to submitting the draft SRSM to Ecology,a technical and editorial QA/QC review will be conducted.The technical review will consist of confirming changes identified in the Task 2 tables were made.The editorial review will be conducted to confirm grammar is correct,formatting is consistent,and improve overall clarity of the writing. Client Responsibilities • Review and provide feedback on draft deliverables within the agreed-upon schedule. Assumptions • The Consultant Team will use the comment option in Excel or Word to respond to Client comments on draft deliverables. Revisions to draft deliverables will be submitted via email back to the Client for official record of how the comments were addressed. • The budget assumes one round of comments from the Client on draft deliverables which the Consultant Team will incorporate into the final documents. Deliverables • Compiled Draft SRSM Task 4 Ecology Coordination&Revisions The focus of this task is to assist the client with the Ecology submission and review process. Ecology will review the manual updates and will provide a written response to the Client within 180 days of submission. Consultant Services • Submit Documents to Ecology for Review o Finalize tables summarizing significant revisions. o Submit the SRSM and summary tables to Ecology for review. • Address Comments o Develop written responses to Ecology comments in a table format. o Meet with Ecology and the Client to discuss Ecology comments and develop a path for equivalency determination. o Revise the SRSM and the summary tables to address and incorporate Ecology comments. o Submit a copy of the responses to Ecology comments as well as the updated summary tables and SRSM to the Client for review and comment. Address the Clients'comments. o Submit responses to Ecology comments as well as the final SRSM and summary tables to Ecology. • QA/QC Review o Prior to submitting the final SRSM to Ecology,a technical and editorial QA/QC ww Spokane County&City of Spokane Valley I SRSM Update 5 v review will be conducted on revisions made to address Ecology and County comments.The technical review will consist of confirming Ecology comments were addressed.The editorial review will be conducted to confirm grammar is correct,formatting is consistent,and improve overall clarity of the writing. Client Responsibilities • Prepare for and attend the meeting with Ecology to discuss Ecology comments on draft deliverables. • Review and provide feedback on draft deliverables within the agreed-upon schedule. Assumptions • The Consultant Team will use the comment option in Excel or Word to respond to Client comments on draft deliverables. Revisions to draft deliverables will be submitted via email back to the Client for official record of how the comments were addressed. • The budget assumes one round of comments from Ecology and one round of comments from the Client on draft deliverables which the Consultant Team will incorporate into the final documents. Deliverables • Final Compiled SRSM • Final summary tables • Responses to Ecology comments Task 5 Directed Services This task is intended to accommodate unanticipated additional work that is outside the limits of the scope of work in the other tasks. In the event this task is utilized and prior to starting work, the Client will direct the Consultant to provide an email that outlines the scope of work, budget, and schedule in writing. Once approved,the Client will provide the Consultant with an email giving written notice that they can begin work. Consultant Services • Provide services as directed by the Client for up to$15,000. Client Responsibilities • Provide the Consultant with direction for additional work including reviewing and approving the scope of work, budget,and schedule as needed. Assumptions • Consultant services include hours for meeting with the Client and for developing the scope of work, budget,and schedule. Deliverables • As directed by the Client. P...41 Spokane County&City of Spokane Valley I SRSM Update 6 V Fee Summary&Project Schedule The fees are based on the scope of services defined in this document and associated assumptions.The professional services are based on a time and materials basis not to exceed $160,382. All expenses will be billed at cost plus a 5% markup. Any modifications to the scope or requests for additional services will be agreed upon prior to proceeding.A summary of fees by task is provided in Table 2 followed by a detailed breakdown in Table 3.Table 4 provides a draft schedule which will be finalized once the contract is executed. Table 2.Fee Summary Task Fees Phase 1 Task 1 Project Management &Administration $11,737 Task 2 Identify Revisions $58,645 Phase 1 Total $70,382 Phase 2 Task 1 Project Management &Administration $10,002 Task 3 Draft Manual Update $42,158 Task 4 Ecology Coordination & Revisions $22,840 Phase 2 Total $75,000 Task 5 Directed Services $15,000 Project Total $160,382 Spokane County&City of Spokane Valley I SRSM Update 7 Table 3.Detailed Fee Breakdown Technical Principal Project Reviewer Engineer Manager EIT II Tech Editor Controller I.Project Administration&Management Hours Total Task Totals 0 28 52 0 0 28 108 $21,739 2.Identity Revisions Hours Total Confirm existing edits comply with permits through 2024 review permits;identify requirements including code/ordinance updates 6 24 16 46 $8,421 summarize in tables 4 8 8 i 20 $3,633 review draft SRSM to confirm all requirements are addressed 4 24 16 44 $7,911 summarize how revisions were made in tables 4 8 _._ 8 20 1 $3,633 Identify 2024-2029 MS4 Permit Revisions to SRSM&Ordinances _ review permit;identify requirements including code/ordinance updates 4 16 8 28 $5,298 summarize in tables 4 16 16 36 $6,247 review draft SRSM and identify where changes are needed 4 16 10 _ 36 _ $6,247 summarize in tables 4 8 8 20 $3,633 Identify In SRSM where non-permit required revisions are needed 2 8 8 18 $3,123 summarize in tables 2 4 4 _ 10 $1,817 QC Review&Technical Editor table review 12 8 20 $3,996 Address Spokane County Comments 3 12 12 27 $4,685 Task Totals 12 41 144 120 8 0 325 $56,645 Update SRSM to include identified revisions 16 64 64 144 $24,987 QC Review&Technical Editor 16 16 32 $6,072 Address Spokane County Comments 4 16 16 36 $6,247 QC Review&Technical Editor 8 8 16 $3,036 Compile draft manual 2 4 4 IO $1,817 Task Totals 24 22 84 84 24 0 238 $42,158 4.Ecology Coordination&Revisions Hours Total Finalize tables in compliance with Appendix 10 2 8 8 18 $3,123 Meet with Ecology to discuss their comments 4 4 4 12 $2,327 Revise SRSM to address Ecology comments 4 16 16 36 $6,247 Update Tables 1 4 4 9 $1,562 Develop written responses to comments 2 8 8 18 $3,123 QC Review&Technical Editor 4 4 8 $1,518 Address final County comments 2 8 8 18 $3,123 Compile final manual 2 4 4 10 $1,817 Task Totals 4 17 52 52 4 0 129 $22,840 S.Directed Services Hours Total 26 26 25 76.96 $15,000 Task Totals 0 26 26 25 0 0 76.96 $15,000 Total $160,381 '^ Spokane County&City of Spokane Valley I SRSM Update 8 Table 4.Proposed Project Schedule Wf Wa Wa W4 W6 We W)We We Wln Val Wla MI en4 wn6 W[6 WIT Wte Ww W20 Wet waif Wad wL was wad Wal WV Wife W30 wit Wad Wad W64 w3611111.W36 Wal wee w3eW40 will w42 W43044W4e1P4e W4TW.WI6WS0 wet wed 1.Pngec Admm�.sunuen 3 Monmgon not Project SUwdIIl Project Setup/Close Cut Status Reporting Monthly Check-in Meetings 9.Identify Revisions _....Con..existing MMcstt ys.11Wt 5Va0t3034 review permits.aentily requirements including codeladionnce updates summon.in tables review droll SRSM Co confirm all',mama.are addressor ...arca haw revs.ons were made.n tables IdenSy5a24-XIa9M54 her.and kfltynew regWenaYs testew permit;dent,'regurerents kakdng cads/adirarae updates sumrterlxe In tables review droll SRSM ondIdentilywhere charges are maed. summon.In tables Q -- aendlyln SRSM where rwrperrml regaled reusiae are needed summer.In tables QC Rewew o Technical Edftor last.review Spokane county Rewew _ $qR Address Spokane County Comments 3 r a.Draft Manuel Update 1111111111111111111.1.1.101111111111.111111111111111111.11 Update SRSM to include Mentified mews6. QC Review s Technical Wrier Spokane Cwnty Rewew Address 5pakane county comments QC Review s Tecnncol Ednor Compile draft maned Rrarae tubes m aompllorife with Appendix to Ecology Pewees Develop mitten'espouses to Camerenrs Meet with FCobgy to discus Ines'comments Revise SRSM Update Appendisla Tables per Ecology comments QC Rem..s Technical ECAa County sine Rewew ., fral Fonts.QC Review,Tack EdOar Compile final draft 'w Spokane County&City of Spokane valley I SRSV Update 9