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AGREEMENT FOR PROFESSIONAL SERVICES FOR SURFACE WATER RESERVOIR FEASIBILITY STUDY BETWEEN CITY OF MOSCOW, IDAHO AND TERRAGRAPHICS ENVIRONMENTAL ENGINEERfNG, fNC. THIS AGREEMENT FOR PROFESSIONAL SERVICES FOR SURFACE WATER FEASIBILITY STUDY (hereinafter "this Agreement"), made and entered into this cĢ/"i"-day of tgc£rnbef'. 2009, by and between City of Moscow, Idaho, a municipal corporation of the State of Idaho, 206 East Third Street, Moscow, Idaho, 83843 (hereinafter "CITY"), and TERRAGRAPHICS ENVIRONMENTAL ENGINEERING, INC., I icensed to conduct business in the State of Idaho with offices at 121 South Jackson, Moscow, ID 83843. W 1 T N E S S E T H: WHEREAS, CITY intends to conduct a Surface Water Reservoir Feasibility Study to determine the feasibility of using surface water in a manner consistent with Idaho Department of Environmental Quality (DEQ) guidelines and also consistent with Idaho Department of Water Resources (IDWR) and responsible stewardship of the public system and which is defined further hereinbelow (hereinafter "the PROJECT"); and WHEREAS, CONSULTANT agrees to perform the various professional services required for the PROJECT; NOW, THEREFORE, it is agreed that for and in consideration of the mutual covenants and promises between the parties hereto, that: SECTION I Scope of Work for Consulting Services CONSULTANT shall furnish the following consulting services for the PROJECT as outlined in Attachment Scope Of Work, of this Agreement, which is adopted and incorporated herein and as described generally below: Preparation of a Surface Water Reservoir Feasibility Study in accordance with the detailed Scope of Services and consistent with Idaho Department of Water Resources, Idaho Department of Environmental Quality and State of Idaho codes and regulations. SECTION 2 A. Fees and Conditions for Consulting Services; Payment for Services Maximum Costs for Basic Consulting Services Under Section I of this Agreement. The total cost to CITY for Consulting Services for the PROJECT as described in Section I, shall be an amount not-to-exceed one hundred twenty two thousand one hundred forty dollars 22, l 40) for work performed by CONSULTANT as shown in Attachment Scope Of Work, of this Agreement. In no case shall the amount paid to CONSULTANT for work described in PROFESSIONAL SERVICES AGREEMENT· CITY PAGEl of8 ---PAGE BREAK--- Section I be more than one hundred twenty two thousand one hundred forty dollars 22, 140), unless specifically authorized in writing by CITY. Compensation for services described in Section I shall be as outlined in Attachment In consideration for providing such services, and unless otherwise specified in the applicable Work Authorization, CITY shall pay CONSULTANT pursuant to the rates and charges schedules annexed hereto as Attachments and in the not-to-exceed amount designated in Section 2.A. of this Agreement. CONSULTANT shall be responsible for all reporting and payment obligations with respect to CONSULTANT's personnel relating to worker's compensation insurance, Social Security, State and Federal unemployment insurance, medical-hospital insurance, salary continuation insurance, pension plan costs, and pro rata allowances for vacation and sick leave pay, as well as all other employee benefit programs; and (ii) the payment of all sales and use taxes which are measured by the value of Services performed under this Agreement. CONSULTANT shall, when requested by CITY, furnish CITY with evidence in a form and substance satisfactory to CITY, acting reasonably, that CONSULTANT has been paid amounts owed under this Agreement and that all liens and claims have been waived to the extent permitted by law. CONSULTANT shall render invoices for services performed during the previous calendar month. All invoices shall reference this Agreement. Payment terms will be net thirty (30) days on all invoiced amounts. CITY and CONSULT ANT shall attempt to effect a resolution of any dispute concerning an invoice submitted by CONSULTANT and CONSULTANT shall provide CITY with a corrected i1ivoice or additional supporting documentation as necessary. CITY may withhold payment of that portion of an invoice disputed in good faith by CITY until the dispute has been resolved. Notwithstanding anything to the contrary in this Agreement, CITY shall pay CONSULTANT the undisputed portion of any invoice. Should CITY fail to pay CONSULTANT all amounts under an invoice when such amounts are due, CONSULTANT may, at its option and upon the provision of ten (I 0) days written notice to CITY, suspend its performance of services. CONSULTANT shall not be required to resume performance of suspended services until such time as all past due amounts have been paid by CITY. If such a suspension of services occurs, delays in performance of any of the services, or increases CONSULT ANT's costs of performance, prior to CONSULTANT's resumption of performance of services, the payment of services be equitably adjusted to extend CONSULTANT's time for performance of the delayed services or other obligations sufficient to overcome the effects of such delay and/or to increase CONSULTANT's compensation to reflect its increased costs of performance as long as such compensation does not exceed the not-to-exceed amount designated in Section 2.A. of this Agreement. In the event any payment is not received with in thirty (3 0) calendar days from the due date of such payment, CONSULTANT may, at its sole discretion, terminate any one or more outstanding Work Autborization(s) and immediately recover all monies earned to date including, but not limited to, any expenses incurred associated with any suspension and/or termination and any and all costs associated with cancellation of CONSULTANT's vendors and subcontractors. All late payments shall be subject to interest at a rate of one percent per month. Invoices shall be submitted to: City of Moscow Les MacDonald Public Works Director City of Moscow PROFESSIONAL SERVICES AGREEMENT- TERRAGRAPHICS, CITY PAGE2 of8 ---PAGE BREAK--- P 0 Box 9203 Moscow, 10 83843 Telephone: (208) 883-70 1 1 Facsimile: (208) 883-7033 A. Independent Contractor SECTION3 CITY and CONSULT ANT hereto warrant by their signature that no employer/employee relationship is established between CITY and CONSULTANT by the terms of this Agreement. It is understood by the parties hereto that CONSULTANT is an independent contractor and, as such, neither it nor its employees, if any, are empl<1yees of CITY for purposes of tax, retirement system, or social security (FICA) withholding. B. Termination of Agreement CITY may terminate this Agreement with thirty (30) days notice without cause and without further liability to CONSULTANT except as designated by this Section. In the event of termination without cause, CONSULTANT shall be paid for services performed to termination date, including direct expense and including a percentage of the Fee set out in Section 2 of this Agreement, based upon the work completed, as well as reasonable costs associated with compliance with such termination including termination, payments to vendors, and demobilization, but in no case shall CONSULTANT be compensated in excess of the not-to-exceed amount designated in Section 2.A. of this Agreement. All materials deliverables, whether partially or fully completed, related to the PROJECT produced by CONSULTANT as part of PROJECT services shall become the property of, and shall be surrendered to, CITY at or before such termination. However, CITY agrees that all deliverables provided or prepared by CONSULTANT are intended for the purposes of this Agreement only and any reuse or modification of the deliverables by CITY or others for any other project or purpose shall be at CITY's or other's sole risk and without liability to CONSULTANT. CONSULTANT may retain copies of all deliverables for its records. This Agreement may be terminated by CONSULTANT: I. upon seven days written notice if CITY demands that CONSULTANT furnish or perform services contrary to CONSULTANT's responsibilities as a licensed professional or as provided under this contract; 2. upon seven days written notice if CONSULTANT's services for the PROJECT are delayed or suspended for more than ninety (90) days for reasons beyond CONSULTANT's control; or CITY and CONSULTANT shall each have the right to terminate this Agreement upon the occurrence of any "Event of Default" by the other party upon written notice to the defaulting party specifying the nature of such default. An Event of Default shall be defined as the occurrence of any one or more of the following: I. Either party shall file a voluntary petition in bankruptcy, or shall be adjudicated bankrupt or insolvent or shall file any petition or answer seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future statute or law relating to bankruptcy, insolvency, or other relief from debts, whether Federal or PROFESSIONAL SERVICES AGREEMENT- TERRAGRAPH!CS, CITY PAGE3of8 ---PAGE BREAK--- State, or shall seek, consent to, or acquiesce in the appointment of any trustee, receiver, conservator or liquidator of either party or of all or any substantial part of its properties; 2. Either party fails to perform any of its services in the manner or within the time required herein or commits or permits a breach of or default in any of its duties, liabilities or obligations hereunder and fails to fully cure or remedy such failure, breach or default within thirty (30) days after written notice specifying the nature of such failure, breach or default by either party to the other, or if such failure, breach or default cannot reasonably be cured within thirty (30) days, fails to commence such cure or remedy within said thirty (30) day period or at any time thereafter fails to diligently prosecute such cure or remedy to completion; · 3. If either party breaches applicable law with respect to performance of any aspect of its obligations under this Agreement. Upon the occurrence of any one of the Events of Default specified above, the non-defaulting party shall have the immediate right to terminate this Agreement. If either party elects to terminate this Agreement, it shall provide written notice of termination to the defaulting party and this Agreement immediately shall terminate. If a party elects to terminate this Agreement, all parties hereto shall be entitled to compensation relative to the work performed to the date of termination including reasonable costs associated with compliance with such termination including payments to vendors, and demobilization. In no event shall the compensation payable in the event of termination exceed the amount of compensation specified in this Agreement C. Extent of Agreement This Agreement may be amended only by written instrument signed by both parties hereto. D. Data of Record CITY shall make available to CONSULTANT all technical data of record in CITY's possession required by CONSULTANT relating to this PROJECT. E. Termination of the PROJECT If any portion of the PROJECT covered by this Agreement shall be suspended, abated, abandoned or terminated, CITY shall pay CONSULTANT for the services rendered to the date of such suspended, abated, abandoned or terminated work, as well as reasonable costs associated with compliance with such termination including payments to vendors, and demobilization; the payment to be based, insofar as possible, on the amounts established in this Agreement or, where this Agreement cannot be applied, the payment shall be based upon a reasonable estimate as mutually agreed upon between the two parties as to the percentage of the work completed and, in no case shall compensation be more than the not-to-exceed amount designated in Section 2.A. of this Agreement. F. CITY's Responsibility for Special Costs and Rights-of-Way CITY shall pay for all costs for obtaining licenses and permits that may be required by local, State, and Federal authorities; and shall be responsible for securing necessary land, easements, and rights of-way, where applicable. G. CONSULTANT's Errors and Omissions Professional Liability Insurance PROFESSIONAL SERVICES AGREEMENT· CITY PAG£4 of8 ---PAGE BREAK--- In performance of professional services, CONSULTANT will use that degree of care and skill ordinarily exercised under similar circumstances by members of the consulting profession; and no other warranty, either expressed or implied, is made in connection with rendering CONSULTANT's services. Should CONSULTANT or any of CONSULTANT's agents or employees be found to have been negligent in the performance of professional services from which CITY sustains damage, CONSULTANT has obtained Errors and Omissions Professional Liability Insurance in the amount of One Million Dollars ($1,000,000), and said insurance shall be held active for a two year (minimum) period from the date of completion of the PROJECT. CITY shall receive notice of any pending termination of said insurance within five days of first notice to CONSULTANT. H. CONSULT ANT's Additional Insurance CONSULTANT shall maintain automobile insurance and statutory workers' compensation insurance coverage, employer's liability, and comprehensive general liability insurance coverage. The comprehensive general liability insurance shall have a minimum limit of Five Hundred Thousand Dollars ($500,000) per claim and One Million Dollars ,000,000) aggregate, and CONSULTANT shall cause CITY to be named as an additional insured under said policy. I. Indemnification I. Indemnification: CONSULTANT shall indemnify, defend and hold harmless CITY and its officers, directors, employees and agents against any claim by any third party for injury to any person or damage to or loss of any property from any act, omission or negligence of CONSULTANT or any of CONSULTANT's employees or agents. CONSULT ANT obligations under this Section shall survive the completion or termination of this Agreement. 2. CITY shall indemnify, defend and hold harmless CONSULTANT and its officers, directors, employees and agents against any claim by any third party for injury to any person or damage to or loss of any property from any act, omission, or negligence of CITY or any CITY employees or agents. CITY obligations under this Section shall survive the completion or termination of this Agreement. J. Costs and Attorney Fees In the event either party incurs legal expenses to enforce the terms and conditions of this Agreement, the prevailing party is entitled to recover reasonable attorney's fees and other costs and expenses, whether the same are incurred with or without suit. K. · Jurisdiction and Venue It is agreed that this Agreement shall be construed under and governed by the laws of the State of Idaho. In the event of litigation concerning it, it is agreed that proper venue shall be the District Court of the Second Judicial District of the State of Idaho, in and for the County of Latah. L. Binding of Successors CITY and CONSULTANT each bind themselves, their partners, successors, assigns, and legal representatives to the other parties to this Agreement and to the partner, successors, assigns and legal representatives of such other parties with respect to all covenants of this Agreement. PROFESSIONAL SERVICES AGREEMENT· TERRAGRAPHICS, CITY PAGE 5 of8 ---PAGE BREAK--- M. Modification and Assignability of Agreement This Agreement contains the entire agreement between the parties concerning the PROJECT, and no statements, promises, or inducements made by either party, or agents of either party, are valid or binding unless contained herein. This Agreement may not be enlarged, modified, or altered except upon written· agreement signed by the parties hereto. CONSULTANT may not subcontract or assign their rights (including the right to compensation) or duties arising hereunder without the prior written consent and express authorization of CITY. Provided however, it is acknowledged and agreed that CONSULTANT intends to subcontract portions of the services to subconsultants and that CITY shall not unreasonably withhold consent. CONSULTANT shall provide in any subconsultant contract that such subconsultant, subcontractor or assignee shall be bound by all of the terms and conditions of this Agreement as if named specifically herein. N. Notices and Party's Representatives Each party shall designate a representative authorized to act in behalf of that party. The authorized representative shall examine the documents of the work as necessary, and shall render decisions related thereto in a timely manner so as to avoid unreasonable delays. All notices or other written communications required or permitted hereunder shall be in writing and shall be deemed received upon receipted delivery if sent by personal messenger, three business days after being deposited in the U.S. Mail, registered or certified, return receipt requested, one business day after being deposited with a nationally recognized overnight courier service, or upon confirmation of transmission if sent by facsimile, in each case with postage/delivery prepaid or billed to the sender and addressed as follows: City of Moscow Les MacDonald Public Works Director City of Moscow P 0 Box 9203 Moscow, ID 83843 Telephone: (208) 883-70 II Facsimile: (208) 883-7033 0. Conflict of Interest TerraGraphics 121 S. Jackson Moscow, ID 83 843 Telephone: (208) 882-7858 Facsimile: (208) 883-3785 CONSULTANT covenants that it presently has no interest and wi II not acquire any interest, direct or indirect, in the PROJECT which would conflict in any manner or degree with the performance of services hereunder. CONSULT ANT further covenants that, in performing this Agreement, it will employ no person who has any such interest. P. Non-Discrimination CONSULTANT shall not discriminate against any employee or applicant for employment on the basis of race, color, religion, creed, political ideals, sex, age, marital status, physical or mental handicap, or national origin. Q. Payment of CITY Established Living Wage I Minimum Wage Required. PROFESSIONAL SERVICES AGREEMENT- TERRAGRAPHICS. CITY PAGE6 of8 ---PAGE BREAK--- As a condition of this Agreement, TerraGraphics Environmental Engineering, Inc. shall pay to all laborers, mechanics, subcontractors, employees, agents, and assigns who perform services for CITY pursuant to this Agreement, working full time, the living wage I minimum wage established by Resolution 2006-18 or as established by duly adopted Resolution of the Moscow, Idaho City Council, whichever is greater. during the pendency of this Agreement. Such CITY living wage I minimum wage shall be that in effect on the date of execution of this Agreement. Failure to pay such living wage I minimum wage shall be considered to be a breach of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date indicated above. CONSULTANT DATED this Cffi\. day of b.e WL PROFESSIONAL S!,R VICES AUREEMENl ·TERRA GRAPHICS, CITY CITY City of Moscow, Idaho ATTEST: '20J8_. PAGE 7 of8 ---PAGE BREAK--- ACKNOWLEDGMENT STATE OF County of : /-tt- ( _ ) ss: ) On this 9tt day of 1'i]i!JJ,7.. 20(Jt(, before me, a Notary Public in and for said State, appeared Jerry Lee, known to me to be the person named above and acknowledged that he executed the foregoing as the duly authorized representative of Te9Graphics Environmental Engineering, Inc. nL - tc 'tfU.A otary Public for the State of L KATRINA D. LEBEAU NOTARY PUBLIC STATE OF IDAHO Residing at /Jlo.su-;o . tt-.-Lo My commission expires /l-u.y·tw-'1- -i 21! /0 I'RtH·ESSIONAL SERVICES J\(iRHiMI'N TI!RRAGRAI'HICS, CITY PAGE 8 of8 ---PAGE BREAK--- Overvie'v ATTACHMENT Surface Water Reservoir Feasibility Study Scope of Work The purpose of this study is to identify potentially viable reservoir sites for use in directly or indirectly supplying water to the City of Moscow's public water system. This study is a reconnaissance-level effort; potentially viable sites will require additional analysis to determine ultimate feasibility. This study is considered Phase I of the Surface Water Reservoir Project and consists of Part A and Part B. Part A I .0 Task I - PROJECT Management This task ensures the effective management and coordination of PROJECT tasks. 1.1 CONSULTANT Services I. Initiate PROJECT with a meeting between CONSULTANT and CITY Staff. The objectives of the meeting will include reviewing the scope, budget, and schedule. 2. Meet with IDEO and IDWR to determine State of Idaho Regulatory expectations and share CITY Planning approach. Discuss an acceptable approach for developing the Surface Water Reservoir Feasibility Study , and determine if there are any special concerns or issues that need to be addressed. Budget adjustments may be necessary if additional areas beyond the current scope of work and associated level of effort need to be addressed. 3. Organize and manage CONSULTANT PROJECT team and coordinate with CITY PROJECT manager. 4. Coordinate PROJECT tasks. 5. Prepare PROJECT guide, including scope, schedule and budget; PROJECT contacts and responsibilities; and updates to the guide as needed. 6. Prepare brief progress reports including the following: • Work Completed During the Month • Needs for Additional Information/Reviews • Scope, Schedule, and Budget Issues and Changes • PROJECT completion status spreadsheet. 7. Prepare and submit invoices. Attachment A- Page 9 ---PAGE BREAK--- 1. 2 CITY Responsibilities I. Schedule PROJECT initiation meeting in Moscow. 2. Provide staff to attend the information gathering meetings with IDEQ, IDWR or other regulatory agencies. 3. Review reports and requests for information. 1.3 Assumptions I. PROJECT duration will be from November 2009 through July 20 I 0. 2. CONSULTANT PROJECT manager and PROJECT principal will attend IDEQ, IDWR and CITY PROJECT initiation meetings. 1.4 Deliverables I. Initiation meetings - agendas, notes, and action items. 2. Five hard copies and an electronic copy of the PROJECT guide, with updates as needed. 3. PROJECT reports (PROJECT duration). 4. invoices (PROJECT duration). 2.0 Task 2- Data Collection The purpose of this task is to collect, compile, and review available data and information relevant to the identification and analysis of potential reservoir sites and associated water-supply strategies. 2.1 CONSULTANT Services I. Develop Purpose and Needs Baseline for the PROJECT including: a. Review water demand patterns in context of seasonal storage requirements (municipal water-use data provided by CITY); b. Review general potential applications and uses of surface water for Moscow municipal needs; c. Consider specific interests and concerns raised by CITY. 2. Prepare a summary of data and feasibility study reference materials needed from CITY, IDEQ, and IDWR to begin the study. 3. Collect, compile, and review existing reports and other information relevant to potential surface water storage in Moscow Mountain area. Prepare an annotated bibliography of previous studies and available data. 4. Collect and compile data needed to evaluate potential watersheds. This may include information on watershed boundaries, topography, ground cover, soils, property ownership, quantity of water, hydrology, geology and previous feasibility or site studies. Attachment A- Page 10 ---PAGE BREAK--- 5. Contact lDEQ, lDWR, Corps of Engineers to verbally describe PROJECT approach and identify potential regulatory expectations/concerns. 6. Prepare a memorandum summarizing relevant existing information, data, and CITY water demand patterns. 2. 2 CITY Responsibilities 1. Provide a spreadsheet of CITY water use data for the last 5 years and general description of CITY water system. Provide input to developing Purpose and Needs Baseline for the PROJECT. Provide CITY future water demand and seasonal requirements as a baseline for the study. 2. Provide other requested reference materials. 3. Provide assistance in obtaining data requested from IDEQ and IDWR or other regulatory agencies. 2.3 Assumptions I. The data collection meeting is expected to indicate that the data and reference material needed is or will be found in several different locations and some may not exist. 2. CITY will provide the available requested data and reference materials within a four week period. 2.4 Deliverables I. Data and Reference Material Request Summary. 2. Summary Memorandum of existing data, reports, and other potential reference information, CITY water demand patterns, and Purpose and Needs Baseline. The memo will include a bibliography of referenced material. 3.0 Task 3- Identify Potential Reservoir Sites The purpose of this task is to identify and conduct a reconnaissance-level evaluation of potential Moscow Mountain surface water storage sites. 3.1 CONSULTANT Services I. Establish watershed search criteria, such as potential watershed yield, water quality, watershed control and protection, environmental issues, potential water right availability and/or constraints, potential land and easement availability, and other site benefits recreation, environmental, flood control, hydropower). 2. Conduct GIS hydrologic analysis to identify potential viable Moscow Mountain reservoir sites: a. Identify potential reservoir sites based on topography; b. Estimate potential watershed yield based on existing flow data and/or GIS-based water budget analysis (determine potential basin volume based on precipitation less evapotranspiration, seepage losses); Attachment A- Page 11 ---PAGE BREAK--- c. Estimate storage volumes using OEM elevation data; d. Consider combinations of reservoirs in upstream locations in each drainage to meet yield criteria. 3. Map public and private land ownership in Moscow Mountain area, consider potential land ownership and land control issues. CITY has much of this data. TerraGraphics will incorporate this information into the PROJECT GIS database and augment as needed. 4. Assess physical site characteristics including: a. Review topography, geology, geography, and land use. Determine whether an impoundment (on-stream or off-stream) for a sufficient quantity of water is potentially viable; b. Visit potentially viable sites to confirm general site characteristics; c. Qualitatively rank identified potentially viable sites. 5. Meet with CITY staff to review GIS analysis findings. Conduct workshop to review preliminary results and tour potential watershed areas. 6. Prepare written Summary of Findings to be includeģ with Task 4 report. 3. 2 CITY Responsibilities I. Work with CONSULTANT team to create and produce the information needed to complete the task. 2. Provide input to CONSULTANT about the Cities perspective regarding the amount of available water, location and distance from Moscow and other issues that will constitute a viable site. 3. Review and comment on draft documents provided by CONSULT ANT. 3.3 Assumptions I . CITY will participate in determining appropriate watershed selection criteria, review the Summary of Findings, provide appropriate comments, and work with CONSULTANT team to provide necessary information for revision. 2. Anticipate GIS analysis of between ten (I 0) and twenty (20) watersheds. 3. CITY and CONSULTANT will review the analysis and CITY will determine whether to proceed to Task 4 . . 3.4 Deliverables Summary of PROJECT findings, results, and recommendations to be provided in conjunction with the completion of Task 4. Maps and other supporting information will be provided in attachment form. Attachment A- Page 12 ---PAGE BREAK--- 4.0 Task 4 - Evaluate Viability of Potential Rese1·voir Sites and Watersheds The purpose of this task is to identify potential water-supply alternatives based on the reservoir sites identified in Task 3. The water-supply alternatives will define the way in which water stored in potential reservoir sites can be conveyed and utilized by CITY. CONSULTANT team will prepare initial "order of-magnitude" cost estimates to evaluate the potential viability of the most promising reservoir options and associated water-supply alternatives. 4.1 CONSULTANT Services I. Identify conceptual impoundment alternatives for sites identified in Task 3. 2. Prepare order-of magnitude cost estimates for reservoir construction. 3. Identify preliminary water-supply alternatives based on reservoir characteristics, reservoir location, storage potential, transmission options, likely treatment requirements, and potential integration with CITY water system. 4. Prepare order-of magnitude construction cost estimates for transmission, treatment, and water system integration. 5. Prepare order-of magnitude cost estimates for system operation. 6. Identify preliminary potential environmental constraints. 7. Identify preliminary potential water right issues. 8. Identify preliminary potential water quality issues. 9. Identify preliminary potential land control issues. I 0. Prepare a draft Evaluation of Potential Reservoir Sites and Watersheds Viability Report documenting the findings of Tasks 3 and 4. Describe and discuss water supply alternatives for using Moscow Mountain surface water to augment or replace current CITY water sources. Include recommendations for sites meriting additional feasibility analysis. II. Meet with CITY staff in workshop format to review and discuss draft findings. Make Go/No Go decision on individual sites and provide basis for preparing Task 5 Scope Of Work and budget. 12. Finalize Task 4 Evaluation of Potential Reservoir Sites and Watersheds Viability Report based on CITY comments. Report will identify potentially viable watersheds and reservoir sites meriting additional evaluation. 4.2 CITY Responsibilities I. Work with CONSULTANT team to create and produce the information needed to complete the task. 2. Host workshop for the PROJECT team. 3. Provide input to CONSULTANT about the Cities perspective regarding the amount of available water, location and distance from Moscow and other issues that will constitute a viable water supply alternative. 4. Review and comment on draft documents provided by CONSULTANT. Attachment A- Page 13 ---PAGE BREAK--- 4.3 Assumptions I. CITY will participate in determining appropriate watershed selection criteria, review the Report, provide appropriate comments, and work with CONSULT ANT team to provide necessary information for revision. 2. Workshop plans will be coordinated with CONSULTANT PROJECT manager. 3. Detailed descriptive information and maps judged to be important to Tasks 3 and 4 will be packaged and supplied with the Report. 4. This study may be terminated if no viable sites exist. 4.4 Deliverables I. Five (S)copies of a report describing PROJECT findings, results, and recommendations. Maps and other supporting information will be provided in attachment form. I. The report, attachments, and supporting data will be provided to CITY in electronic form, i.e. Word. PartB Final Scope and Budget for Part B will be determined at the conclusion of Part A. A separate services contract or a contract addendum will be developed for Part B. 5.0 Task 5 Refined Feasibility Analysis of Water Supply Alternatives A refined feasibility analysis is proposed for any of the water supply alternatives deemed potentially viable in Task 4. A refined Scope Of Work for this task will be developed based on the results of Task 4. Depending on the characteristics of the preferred alternatives, the refined analysis may include all or portions of the following tasks. I. Additional hydrologic analyses: a. Confirm average and annual watershed yield; b. Conduct field investigation (flow measurement, stream gaging) as needed, prepare recommendations for additional monitoring; c. Refine potential storage volumes; d. Conduct hydrologic analysis of potential open-channel conveyance alternatives. 2. Perform Civil studies: a. Confirm reservoir structure size and footprint; b. Conduct initial geotechnical studies for reservoir siting; c. Evaluate impoundment alternatives; d. Evaluate land ownership issues, meet with property owners; e. Refine transmission and pumping alternatives; Attachment A- Page 14 ---PAGE BREAK--- f. Refine water treatment alternatives. 3. Conduct more detailed analysis of potential environmental constraints 4. Conduct detailed water right analysis 5. Refine cost estimates: a. Reservoir construction; b. Transmission and pumping; c. Water treatment; d. Integration with CITY system peaking storage). 6. Prepare recommendations for water-supply alternatives. 7. Prepare report presenting results of Task 5 analyses. 6.0 Draft Scope of Work and Proposed Schedule for a Future Project for a Surface Water Supply 6.1 CONSULT ANT Services Task 6 may be authorized by CITY at their discretion. Task 6 may be modified based on the findings from Task 5. Under this task, CONSUL TANT will prepare a draft Scope Of Work and proposed schedule with time I ine for Phases 2, 3, and 4 that would be used by a future CONSULTANT to assist Moscow in developing a surface water supply. The following outline should be used as a guide. CITY, at their discretion, may assign the specific tasks below to CONSULTANT. Phase 2 Detailed Site Investigation Perform geology, geotechnical engineering, and structural integrity investigations. Refine initial hydrologic estimates. . Assess likelihood of obtaining water rights including assessment of available and needed quantity and timing of supply and need during the year. Perform biological screening of site to ascertain presence of aquatic and terrestrial life forms that have the potential to impact project. Confirm permitting requirements and associated potential issues with Local, State and Federal permitting agencies. Conduct detailed hydraulic analysis of basin, existing stream channels, and release routes. Update the conceptual description of the storage facility including options such as: Fish passage facility (if needed) Spillway configuration Structure height and footprint Cost estimate Identify and describe other benefits (flood, recreation, etc.) associated with the reservoir. Prepare Preliminary Engineering Report. Use, Transmission, and Treatment Analysis Identify and assess potential uses of the captured water supply including: Attachment A- Page 15 ---PAGE BREAK--- Irrigation only. No treatment Conveyance to point of use Requires dual distribution system Potential to utilize existing reuse system Operational costs Aquifer recharge. Treatment required Identification and acquisition of suitable recharge sites Conveyance to point of recharge Consideration of potential impacts of mixed water Regulatory issues Operational costs Assessment of benefit of recharge system Direct domestic consumption. Treatment required: Two Barrier Treatment (LT2ESWTR) Filtration UV, Membrane, etc. Conveyance to point of use Consideration of potential impacts of mixed water Operational costs Recreation. State regulations pertaining to mixed use Types of recreational use and potential benefits/detriments Operational Costs Assess other factors which could influence potential uses. Watershed land use and controls Potential for hydroelectric Evaluate identified potential development and operational costs together with storage costs to determine full cost of facilities. Prepare an Engineering Report summarizing findings Financial Assessment Develop funding strategy for viable project that meets CITY needs: Design Construction Consider comprehensive funding approach including Local, State, and Federal sources/earmarks Prepare summary report Conclusions Phase 3 Determine fatal flaws with storage treatment and use options and assess whether to proceed to next phase. Detailed Engineering Studies and Permitting (Dual Path) Path A - 30, 60 and I 00% Design Site Surveys Structure and facilities Dam Attachment A - Page 16 ---PAGE BREAK--- Phase 4 Spillway (safe release of probable maximum flood) Regulating outlet needs) Hydro and fish passage Diversion and transmission line Treatment Path B - Permitting Water rights Hydraulic Dam construction and reservoir Clean Water Act (Section 40 1 and 404) Environmental review Cultural/historic resources County permits (Land Use) Power generation Plans. Specifications. Engineering, and Construction Prepare plan specifications for Storage Transmission Treatment Associated facilities (hydro, recharge, etc.) Bid Construct 6.2 CITY Responsibilities I. Provide data and/or information as to how CITY may wish to proceed 2. Review the draft Scope Of Work and provide written comments. 6.3 Assumptions I. One meeting and one conference call will be held with CITY staff to develop the draft Scope Of Work. 2. The draft and final Scope Of Work shall be consistent with the CITY's current operation and conservation practices. 6.4 Deliverables Word document electronic files and five printed copies ofthe Scope Of Work. Attachment A- Page 17 ---PAGE BREAK--- Attachment B Budget Outline ---PAGE BREAK--- Moscow Surface Water Rosarvolr Feasibility Study · Phase I October 16, 2009 TemoGrephics Kamlak Ridge SPF URS Fritz Hodge Sub Budget TG Budget Total Task Oesriplion 1 Project Management $11,200 $4,980 $2,360 $550 $7,890 $11,200 $19,090 1 1 Meet With IDEO and IDWR $300 $400 $400 $800 $300 1 2 Project lrut1ahon Meetmg and Project Approach Review $400 $2.780 $1.500 $SO $4,330 $400 1 3 Project CoordinatiOn $1,500 $140 $140 $1,500 1 4 Prepare Project Guide $3,000 $820 $360 $100 $1,280 $3,000 1 5 Prepare 1nv01ces and progress $6,000 $840 $500 St .340 $6,000 2 Data Collection $8,000 $2,570 $1,500 $600 $4,670 s8.000 $12,670 2 1 Review Water Demand Patlerns Prov•ded from City $500 S5SO $100 $650 $500 2 2 Rev1ew and Describe Relevant Data Sources 53,000 $0 $200 $200 $3,000 2 3 ldenbfy Polenllal Funding Sources $500 $540 $750 $200 $1,490 $500 2 4 Prepare Bibliography of Information Sources $2,000 sso $50 $2,000 2 5 Prepare Summary of $2,000 $1 .480 $750 sso $2,280 $2,000 3 Identify Potential Watershed Sites $11,100 $20,000 $1,720 $700 $1,800 $2p.220 $11,100 $35,320 3.1 S1ling Critena $800 $680 $500 $200 $1,380 $800 3 2 Conduct GIS Analys1s of Potenllal S•Les on Moscow Mtn $1,000 $20,000 $520 $800 $21,320 $1,000 3.3 Assess Physical Characteristics of Srtes $2,000 $520 $100 $620 $2,000 3 4 Rev1ew S1te Ownership and Control Issues $300 so $200 $200 $300 3.5 Prepare Draft Findings Report $4,000 $200 $200 $4,000 3.6 Conduct Wortshop wilh C1ty $1,000 $400 $400 $1,000 3 7 Complete Findings Report with Recommendations $2,000 $100 $\00 $2,000 4 Evaulation of Potential Watershed Sites $11,000 $35,760 $8,000 $300 $44,060 $11,000 $55,060 4.1 Preform preliminary analys4s or selected sites (assume 4) $8,000 $8,680 $50 $8,730 $8,000 4.2 Delermine Preliminary Feas1btlily or Each Site $2,000 $21.700 ss.ooo $SO $26,750 $2,000 4 3 Final Report + Workshop $1,000 $5,380 $3,000 $200 $8,580 $1,000 Phase I Total I $41,300 $20,000 $o45,0l0 $12,560 $3,250 $80,&40 $41,l00 $122,140J ---PAGE BREAK--- Attachment C Rate Schedules ---PAGE BREAK--- G ':n!?eiJ! . Personnel Listing ' , m ' . Abraham c. 49.28 Env Tech III Amanda R. 51.25 Scientist I Amy E. Wright 39.42 Env Tech I Amy E. Stark 39.42 Env Tech I Andrea J. O'Sullivan 59.59 Sr. Admin Asst. II Andy P. Heitmann 77.36 Engineer II Be a A. Radford 45.79 Env Tech III Becky J. Lari 41.06 Env Tech II Ben D. Scofield 78.84 Scientist II Ben c. Bailey 60.15 Drafter II Blaine E. Krumpe 36.14 Clerical II/lntern Bonn1e L. Hanna 44.84 Sr. Admin Asst. I Brandon J. Dobson 49.28 Env Tech III Bret R. Ravsten 37.78 Env Tech I Calvin E. Rapier 88.47 Scientist III Cara J. Haley 68.99 Engineer I Carne A. Guido-Lee 41.39 Oerical II/Intern Carrie A. Waldron 37.78 Env Tech I Casey J. Sweeney 36.14 Env Tech I Chayan Lahiri 39.42 Env Tech I Christopher A. Hewett 37.78 Env Tech I Cole s. Turnbull 37.78 Env Tech I Con or T. Giorgi 50.92 Env Tech III Craig s. Horne 138.99 Engineer IV Dale L Ward 39.42 Clerical II/Intern Daniel J. McCracken 81.86 Engineer II Darrell E. Shaver 74.73 Drafter III Darren H. Brandt 97.56 Scientist IV Darren M. Gerger 37.78 Env Tech I David c. Hays 36.14 Env Tech I Dawn R. Jennings 34.82 Administration Debra A. Griffiths 41.06 Env Tech I Delia A Woo 43.13 Clerical II/Intern Dennis A. Hughes 37.78 Env Tech II Derek 0. Forseth 1 1 1.92 Engineer IV Diane A. Hopster 81.24 Scientist III Diane L. Albinola 41.06 Env Tech II Don K. Vernon 130.15 Engineer IV Em1ly L. Ritter 44.35 Env Tech III Erin R. Radford 43.13 Env Tech II Frank L. Parker 79.33 Scientist II Frederick T. Bourque 1 11.92 Principal Gene c. Rohrs 49.28 Scientist I Gerald B. Lee 111.92 Principal Gina M. Cozza 36.14 Clerical II/Intern Gregory T. Malone 49.28 Env Tech III Ian H. von Lindern 135.51 Principal James w. Adie 36.14 Env Tech I CONFIDENTIAL James B. Richardson 41.06 Env Tech II ---PAGE BREAK--- rl' l James D. O'Connell 43.13 Drafter Asst. James T. McSwain 179.03 Sub Area Consultant Jamie c. Mongoven 77.20 Engineer II Jan M. Lewis 45.33 Env Tech III Jason J. Williams 64.06 Scientist I Jennifer L. Meyer 57.82 Sr. Admin Asst. II Jeremiah J. Warren 78.84 Scientist II Jeremy w. Mickey 97.93 Scientist II Jessica E. Geidl 34.82 Administration Jill R. Dorsey 34.82 Clerical !/Intern Asst. John R. Swift 131.40 Engineer IV John M. Goudy 37.78 Env Tech I Jon P. Munkers 100.39 Scientist IV Joseph F. Mierzwinski 57.03 Drafter II Judith A. Rogers-Moore 55.85 Drafter II Justin s. Woolston 79.50 Engineer II Karen s. Helmick 48.29 Sr. Admin Asst. I Keith Allen Ranisate 1 12.9'1 Executive Asst V Kelli J. Duncan 39.42 Clerical !/Intern Asst. Kelly R. Kincella 38.60 Clerical II/Intern Kristina L. Albinola 42.71 Env Tech II Larkin w. Seiler 34.82 Clerical !/Intern Asst. Linda R. Geidl 81.01 Executive Asst IV Mara c. Moscato 83.11 Scientist II Margaret A. Brooks 37.78 Env Tech I Matthew L. Pendergast 45.50 Env Tech III Matthew D. Dehart 68.16 Scientist II M ichael A. Procsal 90.73 Scientist III Michael E. Mahaffy 86.86 Administration Michael A. Miraglia 77.20 Engineer I Michael K. Neff 37.78 Env Tech I Michelle v. Dehart 41.06 Env Tech I Morgan Morgan Gardner 49.28 Scientist I Nichole A. Manley 62.42 Env Tech III Oxana A. Williams 41.06 Env Tech I Pam D. Davis 41.06 Clerical II/Intern Patrick 0. Dawson 44.35 Env Tech II A. Hilburn 58.93 Sr. Admin Asst. II Rachel E. Gibeault 49.28 Scientist I Randie L. Melton 49.08 Env Tech III Robert J. Keener 41.06 Env Tech I Robin E. Nimmer 78.84 Scientist III Roger E. Johnson 58.64 Scientist I Russell F. Morrison 36.14 Env Tech I Samantha M. Ricketts 34.82 Administration Sarah L. Barker 85.05 Engineer II Sarah G. Weppner 86.92 Scientist III Serena D. Primmer 42.71 Env Tech III Shan a L. Forsman 36.14 Env Tech I Shane c. Rewoldt 37.78 Env Tech I Shawn D. Hollis 62.02 Scientist I Spencer L. Erlendson 55.85 Scientist I Susan E. Firer 106.93 Engineer IV Susan M. Spa linger 105.02 Scientist IV Tarita K. Harju 71.09 Scientist II CONFIDENTIAL Taryn J. Massey 37.78 Env Tech I ---PAGE BREAK--- - · - uvwx Thomas L. Smith Engineer III Tina M. Melton 42.71 Env Tech III Tyler G. Rennfield 45.99 Env Tech I W111iam H. Albinola 42.71 Env Tech II William E. Schlosser 106.76 GIS Administrator Zachary L. Bishop 44.15 Env Tech III CONFIDENTIAL ---PAGE BREAK--- TABLE 1 • SPF WATER ENGINEERING, LLC SCHEDULE OF HOURLY BILLING RATES · Personnel Terry Scanlan, P.E., P.G. - - . - - - · · · - - - Christian Petrich, Ph.D., P.E., P.G. - - - - - - - - Tim Farrell, P.E. I - . · - - - - - - - - - - ·1 Cathy Cooper, P.E. - - - - - - - - Scott King, P.E. I Eric Landsberg, P.E. ' Bob Hardgrove, P.E. I Stuart Hurley, P.E. Jennifer Sukow, P.E., P.G. Shawn Kohtz, P.E. Roxanne Brown - . - Mike Martin, P.E. - - - - - - - - - - - Lori Graves . . . Marci Pape, P.E. . . . Jason Thompson, P.E. · - - . Lance Dennis, E.I.T. i : .J · - - - . - - I · · - - - -1 . ! I . - - - . . . - - - - - - - - - - . _ , _ Clint Long ! - - - - - - - - - - - - Buzz Copple l - · · - - - . Steve Bennett ! Crane Drafting Julie Romano _ _ _ . - - - - - Jensen Title Principal Engineer/Hydrogeologist - - - Principal Engineer/Hydrologist - - « - Principal Engineer - - - - - Principal Engineer - . Supervising Engineer Project Manager Project Manager Project Manager Senior Project Engineer Project Engineer Senior Water Rights Specialist Project Engineer · - · - Water Rights Specialist Project Engineer - Project Engineer - Associate Engineer · - Construction Manager . - - . Construction Manager - Designer I Designer II Bookkeeping · - - Administrative Support Note: Hourly billing rates will be adjusted on January 151 each year. I I 2009 Billing Rate r I $140 ' l $130 I I $125 ' r I $125 - - - l $120 ' I $120 I r $120 $120 - $110 ! $100 $97 r - ¯ - - - $88 - - - - - - I $85 l. - - - i $85 Ó · - · · · - I $85 $82 i - - - - - ! $85 - - - - i I $85 _ _ ! $80 $78 $60 f $55 ---PAGE BREAK--- D e c 0 2 2 0 0 9 8 : 3 6 A M H O D G E Ò A S S O C I A TES I N C . 2 0 8 8 8 2 2 6 2 2 a HODGE & ASSOCIATES, INC. 405 S. WASHINGTON STREET MOSCOW, ID 83843 RATE SCHEDULE January 1 , 2008 Principal Engineer . . . . . . . . . . . . . . . . . . . . . . . . . . . . Professional Engineer . . . . . . . . . . . . . . . . . . . . . . . . . Project Manager I Designer . . . . . . . . . . . . . . . . . . . . . elil!ii'\CSI •h I Tt ai"iPl!l pLevel I) fngiR&Qf lA Trsi111i1g oLeoel II) . . . . . . : s 5 Fngin&&r IR +raiiPl§ (Level Ill) . . . . . . . . . . . , , 1 1 , • • E11gi1et IPI +rQiPiQ@ (I.Q"WI IV) . . . . . . . . . . . . . . . . . . Clerical . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Drafting I CADD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . It Jtelti I CAbO . . . . . · . . . . . , 5 , 1 1 1 1 1 Land Surveyor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Survey Crew (2 Man/GPS) . . . . . . . . . . . · . . . . . . . . . . 2-Man Survey Crew Mileage Reimbursable Expenses: $ 1 30.00 90.00 90.00 1Q.88 i9.88 156.00 ?i10Q 45.00 60.00 ag oo 75.00 160.00 130.00 $0.50/mile as billed Flood Certification )0 Flood Certification - I )0 CL. Flood Certification Ol rfy Fax# p . 1 sac:. ---PAGE BREAK--- URS CORPORATION 2009 SCHEDULE OF FEES AND CHARGES The following describes the basis for compensation for services performed during year 2009. This Schedule of Fees and Charges will be adjusted annually on January 1 of each subsequent year to reflect merit and economic salary increases, and changes in the expected level and mode of operations for the new year. The new Schedule of Fees and Charges will apply to existing and new assignments. PERSONNEL CHARGES The charge for all time required in the performance of the Scope of Services, including office, field and travel time, will be at the Unit Price Hourly Rates set forth below for the labor classifications indicated. Labor Classification Clerk* Contract Administrator* Technician/Drafter/ Editor* Sr. Technician/Drafter Graduate Engineer/Scientist Engineer /Scientist Sr. Engineer/Scientist Project Engineer/Scientist Principal Engineer/Scientist Manager/ Consultant Principal Hourly Rate 55 75 74 95 85 100 125 150 163 175 Negotiable Charges for contract personnel under URS supervision and using URS facilities will be made according to the hourly rate corresponding to their classification. When URS staff appear as expert witnesses at court trials, arbitration hearings, mediation and depositions, their time will be charged at $250.00 per hour. Overtime (hours worked in excess of eight hours per day) by exempt personnel will be charged at the above straight time hourly rate. Overtime by non-exempt per sonnel (classifications identified with an asterisk will be charged at 1.5 times the above hourly rates. Special project accounting reporting and financial servic es including submission of invoice supporting documentation will be charged at the rate of a clerk. LABORATORY SERVICES The charges for laboratory testing performed at URS facilities are set forth in the Schedule of URS Laboratory Testing Charges. OTHER PROJECT CHARGES Subcontracts and Equipment Rental The cost of services subcontracted by URS to others and other costs incurred by URS, will be charged at cost plus 10%. Communications The cost of communications including office telephone, facsimile, postage, and incidental copying costs will be charged at a flat rate of3% of total gross labor charges. Computers The charge for use of in-house computers for Computer Aided Design and Drafting (CADD), graphics generation, modeling applications and similar technical computing is $25.00 per hour. The charge for use of the Geographic Information Systems (GIS) is $35.00 per hour. In addition to the above, there will be a charge of $5.00 each for paper plot and $15.00 each for mylar plot gen erated by the CADD and GIS systems. Document Reproduction In-house reproduction will be charged at $.10 a page for black & white and $1.50 a page for color for letter, legal, and 11 X 17 size copies. Other size document copying will be charged at $2.75 a page. Vehicles and Mileage Field vehicles (pick-ups, vans, trucks, etc.) used on project assignments will be charged at $65.00 per day. The mileage charge for personal autos will be the then current mileage rate established by the Internal Revenue Service, which is now $.55 per mile. Specialized Equipment The use of specialized equipment will be the fixed rental rate set forth in the Schedule of Specialized Equipment Charges. This fee sclu:dule contaius cmzfidelllial busi11ess information and is not to be copied or distributed for arzy purpose other titan the use intended in this contract or proposal. ---PAGE BREAK--- Fritz Fiedler, P.E., Ph.D. Fritz Fiedler, P.E., Ph.D. 1080 Summer Road Troy, ID 83871 $1 00/hour