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S06120
ALT, NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary MEMORANDUM TO: John Thayer, AICP, Manager, CAMA Local Planning and Access Programs FROM: Charlan Owen 0ICP, NE DCM District Planner SUBJECT: Closeout — Contract No. S-06120 Stormwater Management Plan Update Project DATE: August 2, 2007 Attached is the closeout packet for the Town of Nags Head Coastal Stormwater/Non-Point Source Grant. I have reviewed the contract, the submitted work, and the Town's information regarding expenses and cash and in -kind match requirements. The grant award anticipated a total project cost of $66,000 that included a $30,000 grant, a $30,000 local cash match, and a $6,000 local in -kind match. The actual total project cost was $66,494, which included $59,799 in consultant services and $6,695 in local in -kind services. For this project, the grant award represented 50% of the project cost not including in -kind services; therefore a revised grant award of $29,899.50 is requested. This is $100.50 less than the anticipated grant award. Existing water quality data was made available on the Town's website and reviewed by the consultant in the preparation of the Stormwater Management Plan. Non -point source problem areas were identified by the Town's Stormwater Working Group, and by the public through a property owner questionnaire and open house meetings. Treatment of stormwater was determined to be the best alternative now available to address water quality concerns given that sufficient land area does not exist within the Town to allow for the elimination of existing outfalls to the ocean and sound. Seven (7) retrofit projects with Low Impact Development (LID) techniques were selected to maximize treatment of runoff. The recommended facilities include extended detention wetlands, pocket wetlands, grass swales, wet detention ponds, sand filters, and infiltration basins. Ordinance revisions to incorporate LID were also recommended. Based on my review, the Town has met the cash and in -kind match requirements and the work required under the grant, therefore I recommend closeout of this grant and a final payment in full to the Town of $29,899.50 per the attached requisition. attachments 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: www,nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer — 50% Recycled 110% Post consumer Paper 61O WN �10 ., M. Renee Cahoon Wayne Gray Mayor ro 1961 vim. 9GS HEAO� Commissioner Anna D. Sadler Bob Oakes Mayor Pro Tern Town of Nags Head Commissioner Post Office Box 99 Charlie Cameron Nags Head, North Carolina 27959 Doug Remaley Town Manager Telephone 252-441-5508 Commissioner Fax 252-441-0776 www.townofnagshead.net June 7, 2007 Mr. Charles S. Jones Division of Coastal Management Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, NC 28557 RE: Planning and Management Grant Contract Number: S-06120 Dear Mr. Jones: As specified under the financial terms of our contract agreement, the Town of Nags Head agreed to expend $30,000 in local cash funds and $6,000 as local in -kind to satisfy the match requirement of the $30,000 grant award. Additionally, it was required that documentation of in -kind match be provided to your agency. Due to required changes in the project scope, only $59,799.00 was expended on the Water Quality aspects of the Stormwater Management Plan. This resulted in the town expending $29,899.50 in direct financial support. This letter certifies that the Town of Nags Head has expended $29,899.50 in direct financial support to the program activities of the grant during the first phase of the grant period ending April 30, 2007. The expenditure for staff salaries and other services claimed as in -kind match during the grant period was $6,000 as specified on the attached in -kind match budget. The original records of expenditures of local funds and the time sheets of employees and services claimed as in -kind match are on file with the Town of Nags Head and will be retained for audit for a minimum of three years following the termination date of the project. Sincerely, Charlie Cameron Town Manager Attachment: In -Kind Services Documentation Budget Form C: Charlan Owens, NE District Planner, NC-DENR DCM SUMMARY PROJECT COMPLETION REPORT Local Government: Town of Nags Head Contract Number. #S-06120 Amount of Grant $ 30,000 ProjectTitle: Stormwater Management Plan Update The purpose of this project was to update the Town's 1995, and earlier, Stormwater Management Plans by providing spec guidance In dealing with the existing water quantity and quality problems. Included was a complete mapping of all town drainage features largerthan 15-Inch to 24-Inchdriveway culverts. This task proved much larger than anticipated by all the engineering firms who proposed on the project originally. The town's chosen consultant, W. K. Dickson, and all other proposing gnus, anticipated roughly 300 drainage features In a town the size of Nags Head. In actuality, there were in excess of 600 features to be mapped. Due to the Board of Commissioners' concems regarding the Cost of the study, the then Town Manager would not endorse a change order (cost Increase) to accommodate these additional features (at $40 per feature = $24,000). This resulted In a modification to the Scope of Services that reduced some of the "Water Quality' aspects of the study, including a more in depth evaluation of existing town Stormwater regulations and analyzing the Town's currant stormwater policies and practices In view of the requirements of the US -EPA NPDES Phase I[ Stormwater Regulations.. The alternative would have been to only map %the town and only be able to develop solutions for drainage problems, quality and quantity, south of the OBX Hospital. With a complete map, a $72 million Stonnwater Capital Improvement Plan was developed. A total of 26 Flood Control and Water Quality Projects were conceptually designed and estimated costs developed. This task was supported by two public meetings, held In May 2006, where citizens met with Town staff and the consultant to describe water quality and quantity concerns they had. In addition, all property owners were mailed a one page Stormwater Survey (copy attached) which they could return by mail, or complete on-line. These two sources of public Input generated much valuable Information. The consultant also reviewed existing Town Stormwater ordinances as well as recent studies regarding stormwater and Low Impact Development on the Dare/Curituck Outer Banks. The results of both of these studies (the Town's and the OBX Hydrology Management Committee's) are being reviewed to determine how our ordinances can be amended to Incorporate LID practices. In regards to specific Water Quality projects, grant funding sources are being sought to begin their Implementation. The 1995 Stormwater Management Plan addressed Water Quality Issues only as they related to the Impacts of 'standing water on public health and safety' (page 1), but not In regards to their specific Impact on receiving waters. General measures to avoid future stormwater problems were set forth, but no specific problem areas were Identified, and therefore, no specific solutions were proposed. The only two general problems (Identified in the Forward) were ocean overwash and surfacing groundwater. The former is not a serious 'Stormwater' problem In 2007, while the latter does continue to cause localized problems. In addition, the 1995 Plan states (again, in the Forward) that it'does not provide a listing of health and safety problems requiring Immediate resolution (there are none apparent in the Town as of this writing, although there are some minor nuisance flooding problems)". The 2007 Plan not only provides specific Water Quality projects (which could be partially or completely) grant eligible, but also Includes water quality components within the other, principally Water Quantity, projects. While the overall cost of the Stormwater CIP exceeds $7.2 million, and much of the work will need to be contracted, the Town has scheduled portions of several 'neighborhood" projects for this fall. These will Involve creating swales to capture street runoff (where no swales, or ditches, currently exist) to prevent this stormwater from impacting on -site wastewater systems, or possibly creating contaminated stormwater runoff entering the Town's collection system and eventually reaching the ocean, or sound. With significant public input, and Involvement of Town staff, the final report provides a roadmap for the Town to follow In improving our management of stormwater from both a quantity and quality standpoint. While the average citizen only sees the problems associated with stormwater which doesn't move out of their neighborhoods as quickly as they would like, town staff can now address those problems while also Improving the quality of stormwater being discharged to the ocean and sound. As a result of this plan, for example, the Town is now Investigating the installation of a stormwater collection cistern to use for vehicle washing at its Public Works complex. Potable water Is now being used for this purpose. This water goes into an on -she wastewater disposal system. If collected stormwater were used for this purpose it would reduce potential runoff from the site, and displace potable water now being used to wash trucks. Work Products of this Study: Town of Nags Head, NC, Stormwater Management Plan — Volume 1: Capital Improvement Plan Town of Nags Head, NC, Stormwater Management Plan — Volume 11: Technical Report DC1412LANPOa.M.7.6/97 DCM Pla,ming and Management Gam Closeout Package PROJECT COMPLETION REPORT (use additional space if needed) Local Government: Town of Nags Head Contract Number: #S-06120 Amount of Grant: $30,000 Project Title: Stormwater Management Plan Update A. What activities were accomplished? ♦ The Town's 1995 Stormwater Management Plan was updated, looking at Water Quality problems and recommended solutions; ♦ All town watersheds were determined and mapped, including the locations of all ocean and sound outfalls (whether NC -DOT owned and maintained, or town maintained); ♦ A Stormwater Capital Improvements Plan (SCIP) was developed including 19 water quantity/quality projects and 7 water quality projects using BMP's to specifically target areas draining to the Roanoke Sound. Total cost for all projects is $7.2 Million; ♦ Existing town Stormwater ordinances were reviewed, along with recent studies of Low Impact Development (LID) and other stormwater studies recently completed for the Dare/Currituck County Outer Banks; B. How does each activity relate to the implementation of the CAMA Land Use Plan? The current "Town of Nags Head Land and Water Use Plan 2000", chapter 12, deals with stormwater and water quality. The following "bullets" refer to the "Conclusion" section of this chapter, pages 124-126. • The Goal, as stated in the 2000 Land and Water Use Plan (LWUP), "is to manage stormwater in ways that reduce the risk of flooding while disposing of stormwater in an environmentally sensitive manner." This Plan provides specific projects to achieve that goal, for the first time. It provides a "blueprint" to reduce flooding while also improving stormwater quality before it reaches receiving waters. Several projects are particularly designed to improve water quality in areas where no identifiable flooding problems exist. ♦ This plan is a direct response to the conclusion to "continually assess and evaluate the Stormwater Management Plan and update the plan when necessary." This refers to the 1995 Stormwater Management Plan. ♦ This plan, through its mapping component, "supports the basinwide approach to water quality planning which recognizes the need to regulate pollutant contributions from up -stream as well as down stream uses" ♦ This plan recommends solutions that continue to "minimize the conflicts associated with the disposal of both on -site sewage effluent and stormwater retention." Further, the Stormwater CIP projects, as implemented, will reduce the possible incidence of stormwater run-off from creating standing water problems above on -site wastewater disposal drainfields. ♦ The 2007 Plan recommends no new outfalls, either ocean or estuarine, and does, in fact, provide projects to improve water quality at several of the estuarine outfalls. C. Has the Local government adopted, endorsed or implemented the project? The Board of Commissioners is evaluating the various SCIP projects to decide how best to implement those that have components which can be accomplished with in-house ("force account") labor. The town's Stormwater Utility generates $110,000 per year. Portions of some of the SCIP projects are scheduled for implementation this fall with a newly purchased Stormwater backhoe. D. What management procedures have been instituted or revised as a result of this project? ♦ All Stormwater problems are now being addressed on a watershed -wide basis. ♦ Water quality aspects (BMP's) are considered in conjunction with all stormwater maintenance and construction projects. DCM\PLANFORM.6-6/97 DCM Planning and Management Grant Closeout Package REQUISITION FOR PAYMENT OF PLANNING AND MANAGEMENT ASSISTANCE PROJECT FUNDS UNDER LOCAL GOVERNMENT CONTRACT FROM: Town of Nags Head ADDRESS: P.O. Box 99 Nags Head, NC 27959-0099 FOR: Planning assistance services as specified in Local Government Contract Contract Number: S-06120 Expiration Date: April 30, 2007 CHECK ONE: 1ST PERIOD/QUARTER PAYMENT 2ND PERIOD/QUARTER PAYMENT 3RD PERIOD/QUARTER PAYMENT 4TH PERIOD/QUARTER PAYMENT X PAYMENT IN FULL (Per requirements specified in contract) AMOUNT REQUESTED UNDER THIS REQUISITION: $ 29,899.50 I certify that all of the services required under the contract as identified above have been completed, that copies of all required reports, maps documents, and other materials have been submitted to the Department, and that the compensation requested herein is just and wholly unpaid. LOCAL GOVERNMENT: TITLE DATE: �T/own of Naas Head Y7 Finance Officer June 7. 2007 Check here to verify receipt of documentation for local cash expenditure if applicable. (Section below to be completed by the Division of Coastal Management) The above information is an accurate description of the stallus of acts'ties funded by the Division of Coastal Management. Signed by: DCM District Planner Approved for payment y Yes No Amount: $ Z911399,S'o DCMtPLANFORM.5-6/97 DCM Planning and Management Grant Closeout Package IN -KIND SERVICES DOCUMENTATION BUDGET Local Government: Town of Nags Head Contract #: S-06120 Amount of Grant: $30,000.00 Project Title: Update to Stormwater Management Plan A. Personnel 1. Salaries (list each position claimed for in -kind match with yearly salary rate) NAME OF POSITION YEARLY HOURS DOLLAR VALUE EMPLOYEE TITLE SALARY CONTRIBUTED' CONTRIBUTION David W. Clark Public Works $83,937 94 $ 3,793 Director Ralph Barile Deputy PW $68,891 56 $ 1,855 Director Total Personnel Support Hours: 150 $ 5,648 B. Program Support 1. Office Supplies $ 2. Printing $ 647.00 3. Communication $ 4. Travel $ 5. Other (Postage) $ 400.00 6. Other $ Total Program Support $ 1,047.00 C. Total In Kind Services Contributed $ 6,695.00 D. Overmatch (any difference between services agreed to in contract and actual services contributed) $ 695.00 'Employees receiving federal funds are ineligible for in -kind matching purposes for federally funded projects. DCMNLANFORM.10-6/97 DCM Planning and Management Grant Closeout Package Department of Public Works Administration Maintenance Garage Public Facilities Maintenance Sanitation Water Distribution Water Operations Town of Nags Head Post Office Box 99 Nags Head, North Carolina 27959 Telephone 252-441-1122 Fax 252-441-3350 www.townofnagshead.net MEMORANDUM To: Charlan Owens, NE District Planner, NC From: Dave Clark, P.E., Public Works Director Date: 8 June 2007 Re: Stormwater Study Invoices Dave Clark, P.E. Public Works Director Ralph Barile Deputy Public Works Director You will certainly notice that the first two invoices are for work done before May 1, 2006. This proceeded the date on which the grant went into effect, and was due to two factors. First, our contract with the engineering consultant required them to start in late February and be finished on December 1, 2006. In order to meet this schedule, and get the Stormwater CIP to us before the Board of Commissioners began holding their CIP discussion meetings, the consultant had to begin in March. In addition, it took longer to get the Grant contract approved than we had originally believed it would. However, the first two months of the consultant's work consisted primarily of reviewing the previous town Stormwater Plans and organizing the field survey work (for the GIS layer). We instructed the consultant to do no Water Quality related work until notified of the grant's effective date by the Town. This was done. rDIICKSON PO Box 36005, Charlotte, NC 28236 INVOICE Dave Clark Town of Nags Head 5401 South Croatan Highway PO Box 99 Nags Head, NC 27959 RECEIVED APR 112 2006 TOWN OF NAGS HEAD PUBLIC WORKS DEPT Remit to: W.K. Dickson & Co., Inc. PO Box 36005 Charlotte, NC 28236 (704)227-3453 Due by 25th of month March 31, 2006 Project No: Invoice No: 60045.00.RA 0056022 Project 60045.00.RA Nags Head: Update of Stormwater Management Plan Professional Services from March 1. 2006 to March 31 2006 --------- ------------------ Phase 01 Stormwater Management Plan Fee Total Fee Percent Complete Billings to Date 138,128.00 11.62 Total Earned Previous Fee Billing Current Fee Billing Total Fee 16,050.47 0.00 16,050.47 16,050.47 Phase Amount $16,050.47 INVOICE TOTAL $16,050.47 Current Prior Total 16,050.47 0.00 16,050.47 Project Manager: Thomas Murray a Public Works - o ATE - wjo Redd on 3 31 0100 6 . P0# o'loo rp104S Acct. App for Pym4. ( ignature) 17 A\=D 1ti1, C L-14 f2K. (Printed Name) Date of App: 13 Payments not received within 30 days of due date will be charged interest. 0609��609 Y O M O N O N #tom j'A-g.,ysf y N fA E9 fA 64 r YY S 3+.4A a z o - Mai Opp N N M 3 t Yfi£j (O O O N W w O O M "t M 01 O i �ExP NN to 4 a; fA f9 fA to fF3 Vi � 4 Rr+7Q �Vl �+wMt Nrs t MMp N M N(O O Omw M (O O W M N a 't fA 06 6N9 5'w�?�' 3��}✓,Fp'�".Li# a fA Ki EA M � fA 5f`t+Y`='. j`.: Vwsi 5i suk,.:fT,✓ xx a F Ier,NMI K _XxF,+ram O »� a W S ,4' LU i Z Lu N Q No aa�a W W J N j W Q Z W ate° 14 m W U U N W a o V o O m o F 7 E �a�W°ao°'d a o ar-7 LL m 3 a n 12 N 11 oOc000pcc N0I133S �N�iv6w mci D a` 0 O ® IICKSON Fo Box 36005, Chorlolfe, NC 28236 INVOICE Dave Clark Town of Nags Head 5401 South Croalan Highway PO Box 99 Nags Head, NC 27959 Remit to: W.K. Dickson & Co., Inc. PO Box 36005 Charlotte, NC 28236 (704)227-3453 Due by 25th of month April 30, 2006 Project No: 60045.00.RA Invoice No: 0056253 Project 60045.00.RA Nags Head: Update of Stormwater Management Plan Professional Services from April 1, 2006 to April 30, 2006 Phase 01 Fee Total Fee Percent Complete Stormwater Management Plan. RECEIVED MAY 11 2006 TOWN OF NAGS HEAD PUBLIC WORKS DEPT Billings to Date Project Manager: Thomas Murray D'f;u -t. 6t.lz. 4-u it MAY 0 5 2006 138,128.00 14.80 Total Earned Previous Fee Billing Current Fee Billing Total Fee 20,442.94 16,050.47 4,392.47 4,392.47 Phase Amount $4,392.47 INVOICE TOTAL $4,392.47 Current Prior Total 4,392.47 16,050.47 20,442.94 Public Works • roikwwgA'T Rec'd On 30,4 o1b PO.# a00(�445 Acct. "# App for Pymt.1g (Signature) (Printed Name) Date of App,. 1a NAY ,a DO Payments not received within 30 days of due date will be charged interest. A 0 0 0 0 C, 0 C, 0 0 UA "750Vn 7"MI" -qv N m co N N m 0 w m m N 0 E N I N ON ( (o m d vr N M �t m C, N b m CIO too 0 N co 0 It m N- Lq W R cel cf� ,,g, N Cl) "r M C) (D CD w C) 0 C� C! LN -It 00M 0 LLI z Ln LLJ L 0 (L U) L) EL LU Z W ILU (n Z z 0 a o LLI >, LLJ > w LL, C3 Z w uj -j i z to LU C) L) W W f J0.a 0 CC < M D -j LU 0 F- 0 0 CL U) (L 0 0 0 0 0iolo N 0i 4 6 , is 1 ri 1 C61 of 0di 1W, a 0 O Z, a 0 F- IL r LD 3 0 0 O rn U ( WDICKSON PO Box 36005, Charlotte, NC 28236 INVOICE Dave Clark Town of Nags Head 5401 South Croatan Highway PO Box 99 Nags Head, NC 27959 RECEIVED JUN 15 2006 TOWN OF NAGS HEAD PUBLIC WORKS DEPT Remit to: W.K. Dickson & Co., Inc. PO Box 36005 Charlotte, NC 28236 (704) 2273453 Due by 25th of month May 31, 2006 Project No: 60045.00.RA Invoice No: 0056497 Project 60045.00.RA Nags Head: Update of Stormwater Management Plan Professional Services from May 1, 2006 to May 31, 2006 Phase 01 Stormwater Management Plan Fee Total Fee 138,128.00 Percent_ Complete 15.50 Total Earned 21,409.84 Previous Fee Billing 20,442.94 Current Fee Billing 966.90 Total Fee Phase Amount INVOICE TOTAL K 966.90 $966.90 $966.90 Current Prior Total Billings to Date 966.90 20,442.94 21,409.84 Project Manager: Thomas Murray Public Works - 5�b%h ►g_QP-- R100 Redd On S O co G Poi � �, aoo61o4s= Acct. App for Pyr . [, 11 T PS ��Il (Signature) Li JUN 0 S 2006 I (Printed Name) Ey-- _ �w__J Date of App. 15 -:TU&iLc 600rp Payments not received within 30 days of due date will be charged interest C R FL Y C cm H C 0 O U d 7 3= E Z 0 G N W N m = m a 0 rn� 10 Z a LL 00 C 0 Q F.. C m I"' Y W C W v L G Q '` ?a �"5n Vi V3 OO EA fA 000 fA fA fA 0 OO 0 2x ]y aat. 3 x Pik- �1 n x d ' fF W V 0 m M O m N ONO "� N N m S "n'f s; E•, .0— Eq � � �. ^ � �� �'�� hj✓�*R' fA En tR � fR r x�Y a y�t�S"FtYi'I C} � 'd+ S) `1a :rc`r t tR N N(NO o 0 N o a e MON o a e 0m e 0. r a Z?a. a =xy N lzr 0 0 -1 W O M M O Y l�, Y 3}i kti 6i f/i Fi f/i f{i fA f/i f/) fA 'S. 44sysAW >L4 .v,A. �, ..y,YiR- `ro .3 4q R� % �++ '§ rri+'SUN, r 00Na N T � N M O Mt0 (0 (D W W N V O (0 ma0 (0 o0 m N � �`Y V3 to— ffi N � ff3 fA t `Rgi. rif).f ���SitYp`ui5 r n, j ,"r "",'es "k w ¢ f ry f AWNk(dl 3 z z Z gC/)LUa Z rp s M ys -.- r Q W J K ui J Z Ljj wo Flo N Qa�¢ N .' ..W d W K] W Q W aNi _ 0 �OZmg0W3� J d' Q Q W U U N w— O m o o E aoaLLm3aF�� m3aw N o00000000� N011335 N ri v vi (o n co oi.. I U v M lv 1 fist>'3 ��1.-z}P� � .S �E Ji�` ? � �;! community infrastructure consultants July 9, 2007 Dave Clark, PE Public Works Director Nags Head Town Hall 5401 South Croatan Highway Nags Head, NC 27959 RE: Update of Stormwater Management Plan WKD Project Number 60045.00.RA ��tr.ri°u r W' t?£Nrt At1 The preparation of the above referenced document was financed in part through a grant provided by the North Carolina Non Point Source Program, through funds provided by the Coastal Zone Management Act of 1972, as amended, which is administered by the Office of Ocean and Coastal Resource Management, National Oceanic and Atmospheric Administration. The total fee for the project was $138,128 and was completed in December of 2006. The portion of the fee required to meet the goals of the grant provided by the North Carolina Non Point Source Program was $59,799. Services rendered included the following: • GPS mapping of the stormwater conveyance system including locations of all outfalls; • Compilation and analysis of existing water quality data; • Public outreach through questionnaires and meetings; • Capital project identification for mitigating flooding and improving water quality; • Identification of potential BMP retrofit locations specifically for improving water quality; • Evaluation of existing outfalls and potential for BM retrofits to treat runoff prior to discharge; • Review of existing stormwater ordinances and recommendations for appropriate revisions to ordinances; • Master Plan report including description of recommended capital projects with associated preliminary construction costs estimates. W.K. Dickson & Co., Inc. Tom Murray, PE Project Manager F- in UJ E 24 IT 0) co -q N(0 N -It NLO,Wommo N Cq C6 C6 CO V r CO —7 my co N N 00 V' co 0 co co M co co N 0 C) co C'j m co C� co 0) CY! 0 C; eDl 00, It, co N GO> N qq� Gs Q'> efl 0 IL w w z z z Ln 'UJ 4-Ij 0 F- IL U) 0 Z IL M - - - - - - - - - - - LLI W 0 2 U wK w Li a) a LLI -J EL > LU F- Z F- m U uj 0 (-) 0 C/) E Lu Lu 2 = m J n E U� 0 F- 0 0 '@ a. 0 CL LL U) (L U)1-- w C� C� q q q j00 ,. I N I M v kolwi r-1001M co w CD 06 N co 0 u> o 0 0 -U F E 0 0 0 0 o 0 0 0 0 000000000 (V M M In M O O M M f2 n co N es N m (ii V M (O fR co (O M C-4 69 CO It ffl co N O fA O co M Efl m c0 CD (f1 a w ' z Sa. z g 0 Nu a. a aJZw U FaZ LU _�'o �o z caajyca a W ul W W J a �O: W 7a :< WUUfng 0U) wW W a a.aa..FLU) (LU) 2138W(1N 000 00000 NOf1�3S - N ai *Ito (6 n oo N_ N C6 flGo� N d R n LO sY- DENR �l:l. 1 Li�iar D IICKSON PO Box 36005, Chorlotle, NC 28236 Remit to: W.K. Dickson & Co., Inc. PO Box 36005 Charlotte, NC 28236 (704)227-3453 I N V 0 1 C E RECEIVED Due by 25th of month JUL 12 2006 June 30, 2006 Project No: 60045.00.RA Dave Clark TOWN OF NAGS HEAD Invoice No: 0056799 Town of Nags Head PUBLIC WORKS DEPT 5401 South Croatan Highway PO Box 99 Nags Head, NC 27959 Project 60045.00.RA Nags Head: Update of Stormwater Management Plan Professional Services from June 1, 2006 to June 30. 2006 Phase 01 Stormwater Management Plan Fee Total Fee Percent Complete Billings to Date 138,128.00 29.10 Total Earned 40,195.25 Previous Fee Billing 21,409.84 Current Fee Billing 18,785.41 Current 18,785,41 Project Manager: Thomas Murray 'I JUL 1 Q 2000 A I a I Total Fee 18,785.41 Phase Amount $18,785.41 INVOICE TOTAL $18,785.41 Prior Total 21,409.84 40,195.25 Public Works - , roghmNA'r<{- ' 0 Rec'd On <, r 6 so bloo 6 P0# s� Acct. At App for Pymt. �J (Signature) (Printed Name) Date of App. la d u ��i c!). 0 0 G Payments not received within 30 days of due date will be charged interest. C td FL Y c d cm �O 10 U W 7 EZ �I0/� 2 vW m Sm 00 rn� 10a Z w LL 00 C 0 Q m r W C W N t Q Uzi. .' N fA 01 O 0000 fR fA fA 0 v d. �dJryt'd i:P��'F %» to �e ON �1�� 4i M �s }�mAY� '- e N p t0 p 0 e fr O M O 0 o N 0 0 0 I� 5 i C,) M O F ��� ��.. ffJ tH f9 49 Vi Vf Vi f9 fA T % O M O m " a w z z 0 a vi 0 n. Pa azLu s iM i1*.x; W x= y Z y a ZQ y a z_ 0 O O W I J W _j Q Z W H v d aJZ KQ�Qa to U O_�30w� U W Ota-m oJoi- J� 0 E aoa�u�i3arF-n0 LL1 Q aaewnN ,,...N01103S o00040000 r= tv of v tri to r; au tri 0 a` c U » m 7 rDI1CKSON PO Box 36005, Charlotte, NC 28236 INVOICE RECEIVED Dave Clark Town of Nags Head 5401 South Croatan Highway PO Box 99 Nags Head, NC 27959 AUG - 8 2006 TOWN OF NAGS HEAD PUBLIC WORKS DEPT Remit to: W.K. Dickson & Co., Inc. PO Box 36005 Charlotte, NC 28236 (704) 2273453 Due by 25th of month July 31, 2006 Project No: 60045.00.RA Invoice No: 0057091 Project 60045.00.RA Nags Head: Update of Stormwater Management Plan Professional Services from July 1. 2006 to July 31, 2006 --------------------------- Phase 01 Stormwater Management Plan Fee Total Fee Percent Complete Billings to Date Project Manager: Thomas Murray 138,128.00 32.24 Total Earned Previous Fee Billing Current Fee Billing Total Fee 44,532.47 40,195.25 4,337.22 4,337.22 Phase Amount $4,337.22 INVOICE TOTAL $4,337.22 Current Prior Total 4,337.22 40,195.25 44,532.47 PUbIiC Wor S • S-r( TE-tR-�7ufoo �Cotrt'pja� 1 t l Ch0 0 (o h _Thteuw ISO# 40C*I-o4s Acct. # App for Pymt. (Signature) Davzb \u . Cwaiar-- , (Printed Name) Date of App. F3 �OO,2 Payments not received within 30 days of due date will he charged interest. C EL c am w '�n^ V/ c 0 16 U j = 3C G Z 0 Q U) W mm 2 CO y 0 07 � f0 d Z 00 CLU OQ F— m N Y W 0 L u Q {' P O { fifm co N N d0' OM r ON m �A N V O N (V �pl�NAY O: N O M O N 0 0 ' � 3's'a ,1fx �3;.,ri N t c O M M O ��v ✓r'� ,�k F .� Y k yfSFs y;tyi a0 N V M lD m O O> m .— b9 O (D m -t 69 m N AS•;. r*. ,�E ro N V .— eA fA K D. LU Z g 'w W g H a in v } U Z a K iqu Z s �i sziri a Y. ry Z_ p Q rL Q F a' O Q Li LU KQO<Q F JZ 0_ avo N W 0 U N K W 7 a❑Q. V) m� ".2l38WItN ��' c o 0 0 0 0 0 0 0 O a m n M M Remit to: W.K. Dickson & Co., Inc. aVDI�CKSON Charlotte, Box36005 e,NC Charlotte, NC 28236 PO Box 36005, Charlotte, NC 28236 (704) 227-3453 -------------------- I N V O I C E RECEIVED Due by 25th of month SEP 12 2006 August 31, 2006 Dave Clark TOWN OF NAGS HEAD Project No: 60045.00.RA Town of Nags Head PUBLIC WORKS DEPT Invoice No: 0057268 5401 South Croatan Highway PO Box 99 Nags Head, NC 27959 Project 60045.00.RA Nags Head: Update of Stormwater Management Plan Professional Services from August 1, 2006 to August 31, 2006 Phase 01 Stormwater Management Plan Fee Total Fee 138,128,00 Percent Complete 48.01 Total Earned 66,315.25 Previous Fee Billing 44,532.47 Current Fee Billing 21,782.78 Total Fee 21,782.78 Phase Amount $21,782.78 INVOICE TOTAL $21,782.78 - Current Prior Total Billings to Date 21,782.78 44,532.47 66,315.25 Project Manager: Thomas Murray Public Works - "J'TOTw\NATZEfZ t ui,4D aee!d-efi VNioTk T\T6Ib'gU' : Tags+ 31.610C PO# a�orolo4� Acct. # -D k0 App for Pymt. (Signature) ----------" 2 _ _ � Avs.D � : C.Lg421L �lil (Printed Name) u fl SEP It 2.OUo III; Date of App. Payments not received within 30 days of due date will 4Evcharged interest. C FL c m dy m cn (CO � U 3= a EZ � 02 W d =a CO 00 rn� IL Z O LL 0 C oa f' m C W N E r u a N O O M 9 M o n O Ou7 N 7M�O M�M INK I 10 In (MO O W N O to M M N M (n0 m N f 2 a{ 0 .m 0 C. V O O W M N N a 3{ F N �-I W. O N_ M O_ lL_ i�. N fA fA M� V! cot _ fA O fA _ /A fA (A fA 43 ®bE tM0 W N (OO (MO W • .., ([l 60 O (O N a0 fA 00 N b4 ro 69 M 4'i fA fA fA w (L Z W w Z Z5LLg IT 0 a m U a wQZw iLAf �km O Q X Q LU �~ Q J a d' Q Q Q N N W W U U K 7 O H ro O K LLJ� K E ~ 10 aoaa 0 :0.in0: N3ewnN .�. :,. �NOiio3S o00 000000 It vi aW of m 0 a` N M N W r N J WDIJCKSON PO Box 36005, Charlotte, NC 28236 INVOICE Dave Clark Town of Nags Head 5401 South Croatan Highway PO Box 99 Nags Head, INC 27959 Remit to: W.K. Dickson & Co., Inc. PO Box 36005 Charlotte, NC 28236 (704) 227.3453 Due by 25th of month September 30, 2006 Project No: 60045.00,RA Invoice No: 0057599 Project 60045.00.RA Nags Head: Update of Stormwater Management Plan Professional Services from September 1 2006 to September 30. 2006 Phase 01 Stormwater Management Plan Fee Total Fee 138,128.00 Percent Complete 64.91 Total Earned 89,658.88 Previous Fee Billing 66,315.25 Current Fee Billing 23,343.63 Total Fee 23,343.63 Phase Amount $23,343.63 Billings to Date Project Manager: Current 23,343.63 Thomas Murray INVOICE TOTAL $23,343.63 Prior Total 66,315.25 89,658.88". Public Works - �/YlI S� Or✓ Piec'd On _� 3o aoo ro '109 _ 8 tcct. ;',pp for Pyrnt. (y ignature) (Printed Name) OCT O2006 Date of App. Q00 L t'/ i V Payments not received within 30 days of due date will be charged 'interest an �q T t o °ys O N V O M M � L N � vi M N M i(iOi u uj 6 CO OctO M N N `'t{-f''e Si�r� fA fA fA N E9 fA fA fA E9 0 t0 M O M O T a a. w Z W z Z gU)00- N Q LU <z N Z vi ? Q ai my 0 aid> LLjU H Y K J z w a Ala- F- m +x,' �aZ�gaW�Lo w O — ro w p- W U .7 p m E (L CLEw3avi012i M a M M N U v n DIICKSON PO BOX 36005, Chorloffe, NC 28236 INVOICE Dave Clark Town of Nags Head 5401 South Croatan Highway PO Box 99 Nags Head, NC 27959 Remit to: W.K. Dickson & Co., Inc. PO Box 36005 Charlotte, NC 28236 (704)227.3453 Due by 25th of month October 31, 2006 Project No: 60045.00.RA Invoice No: 0057853 Project 60045.00.RA Nags Head: Update of Stormwater Management Plan Professional Services from October 1 2006 to October 31 2006 Phase 01 Fee Total Fee Percent Complete Stormwater Management Plan RECEIVED NOV 10 2006 138,128.00\ 81.54 Total Earned Previous Fee Billing Current Fee Billing Total Fee 112,629.57\ 89,658.88 22,970.69 'N 22,970.69 Phase Amount $22,970.69 N TOWN OF NAGS HEAD INVOICE TOTAL $22,970.69 PUBLIC WORKS DEPT Current Prior Total Billings to Date 22,970.69\, 89,658.88'\e 112,629.57\ Project Manager: Thomas Murray Public Works - JToeMNI► �R L�sT 1--es'6EAt��ork ��o��l,� �1 Oc�loto,��d00 (o D ,,o# Rfi -{o pa 7 !J Acct. # _ ;1pp for Pymt. ,, i,r� (Signature) �ijil (Printed Name) ,.. Date of App. 1 Ao w Payments not received within 30 days of due dale will be charged interest C A IL Y C d mN �O i6 U d 7 EZ E W � m = m w O �0: i0 a Z LL 00 LU 0 Q F m C W d E L U Q V0 M0 00LQ A 0V Oct It V� ; "irf M EA fA fA f9 fA fA fA £"EI£+. �t � N N V M M N N N OJ 2g 4 a C: EA EA ((O N V'7N�N fA H3 fA fA r tt x+ONt;. 0 O 0 O 0 O 0 0 N o N o M o 0 ; 1. WN N0a N M(00 MN o (Wn E» 4ONi uK ,+i e4lr' is+Y,s'�14- N M M N, N 00W �14 4;erQ 'T x' N (O O Q w a7 Na� O IT M O CJ 01 N NVi���� a F �^ t a w o Z 5NW5 s� O (L<naa w a Z w ;v �'rikra srW 9 NZ U) QQy Z W F O 'L W 2 Q-jIL LU Z ¢Q m 0OZ�3oW3� O F m-j 0 U E �¢7 u1F¢O J �'d 0. 0 (L l U) 0_ MIX mmwm N01103S qoq oo0ccc vui(cnoia 6] m N N D'DI'C&SON Po Box 36005. Charlotte, NC 28236 INVOICE Dave Clark Town of Nags Head 5401 South Croatan Highway PO Box 99 Nags Head, NC 27959 Remit to: W.K. Dickson & Co., Inc. PO Box 36005 Charlotte, NC 28236 (704) 227-3453 Due by 25th of month November 30, 2006 Project No: 60045.00.RA Invoice No: 0058098 Project 60045.00.RA Nags Head: Update of Stormwater Management Plan Professional Services from November 1 2006 to November 30 2006 Phase 01 Stormwater Management Plan Fee Total Fee 138,128.00 Percent Complete 85.91 Total Earned 11B,665.76 Previous Fee Billing 112,629.57 Current Fee Billing 6,036.19 Total Fee 6,036A9 Phase Amount $6,036.19 Current Billings to Date 6,036.19 Project Manager: Thomas Murray 17 a u-Q.- INVOICE TOTAL $6,036.19 Prior Total 112, 629.57 118, 665.76 Public Works - 5�R/iltt)R`�e2 r1 lit, I iec'd On bye 30a `1006 r>o# a©o(o fob \CCt. # Do app for Pynrt. (Signature) CI. (Printed Name) Date of App. 1a— /a— & _ Payments not received within 30 days of due dale will be charged interest. C a C N C7 r c0 A V d EZC G 0 CO W �m =m 00 m � ma Z w LL 0 0 Q m � C W v E t Q t'N .m R. fA f9 th fA M N M C fA (fl -all fA (A EH OJ N O t0 co M� N N �idmF t�fieF�ss$�. � �Y� JpX Y Ft.,41 ,40 4 �yw V o 0 0 "�� au i��i' bD j�'�'"� Vi fA EA Vf fA IA fA EH U3 F �vy.� sa.nti` �N N t0 ch Ncp O O01 C'j O N OOi_ N N 0 z z z o 0 5�Wa 0 ELJZK Z ? F y0 aa�a 0� 0 W :D LU J� < Z LU 2 a �oZ��aEn3 � W UU 0) W! ` OrmKLLI OOaaoEIL( Lnr c~n�E a3awnN o000000001 " NOLL�3S � �i ai v vi co n co of O a` m c0'l O O �DIICKSON PO Box 36005, Charlotte, NC 28236 INVOICE Dave Clark Town of Nags Head 5401 South Croatan Highway PO Box 99 Nags Head, NC 27959 Remit to: W.K. Dickson & Co., Inc. PO Box 36005 Charlotte, NC 28236 (704) 227-3453 Due by 25th of month December 31, 2006 Project No: 60045.00.RA Invoice No: 0058417 Project 60045.00.RA Nags Head: Update of Stormwater Management Plan Professional Services from December 1, 2006 to December 31. 2006 Phase 01 Stormwater Management Plan Fee Total Fee 138,128.00 Percent Complete 100.00 Total Earned 138,128.00 Previous Fee Billing 118,665.76 Current Fee Billing 19,462.24 Total Fee 19,462.24 Phase Amount $19,462.24 Billings to Date Current Prior 19,462.24 118,665.76, Project Manager: Thomas Murray Public Works - o�tArriZ �,.I,p sec'd On a ZI aoo Jo# _ �o 1 1 0 s 1cct. # Opp for Pymt. — � ( ignature) (Printed Name) Date of App. EE uary �' .p,b7 INVOICE TOTAL $19,462.24 Total 138,128.00 RECEIVED JAN 10 2007 TOWN OF NAGS pfi€AP PUBLIC `lF9OR D PIF Payments not received within 30 days of due date will be charged interest. C R a C N 10 M cQ f0 U 3= Ez 0 M U)W m Co 00 a z LL 00 C o a m P CW W W E L Q NOON NN ODD NO O tN') V M O O t , `'tzry T28S7�riryb 4��'�sG ��x•. 3 R5' Fl � s�L,y fi Y9 N V � f�`) N N ch � � N o (00 M (00 O OOi O4 ktf >i,M' ,qy 000000000 y y# S try x w N o 7 N O O> o N M 0 N O N t+) N V O C14 M M 0 'T V3 0 � fA { WS € #..,a r .5s yt� sysrw<2�,,•4yx, j. o (O o � O m JkiO #� F, tN'). �00 NvV,in05C4 3 7 gig s a W Z Z Z 5 N W 5 ,n 'Ss Y tt d F n.wUa K > Z K a -u W r J Q Q z W t- "'( Yri UJ. F- Z U) Z p W Y ZU F0 -jpL J w W wI Q1-3 Z LUy O Z 26dNQ N W U N w W a Q J❑ J 2 W F U J E Ea5W°ad°'a5 (L0(L m3n.mw a38wm o00000000 NOLLOSS N ri v vi i.d n ai U v> LOCAL GOVERNMENT PROGRESS REPORT FORM Division of Coastal Management LOCAL GOVERNMENT: Nags Head, Town of CONTRACT: S06120 QUARTER: 4T" NOTE: All localities receiving CAMA planning grants are required to fill out a periodic report on each project for which a grant was awarded. Please use a separate form for each project undertaken. Each locality must fill out DATE: April 30, 2007 PROJECT: Stormwater Management Plan Update Project WORK CALLED FOR THROUGH FOURTH QUARTER: (per ATTACHMENT E) • Update of Board of Commissioners • Preparation of Final Report/Plan WORK COMPLETED DURING FOURTH QUARTER: Volume II: Technical Report submitted, reviewed and updated Final project presentation to Board of Commissioners DEFICIENCIES: None PERCENTAGE OF WORK COMPLETED DURING PERIOD: 100% SUMMARY OUTLOOK: Project completed during quarter ending April 30", 2007 DCM District Planner Local Government Representative Chief Elected Official \JAT\PL& M GT-Q u art-Rept. 10/02 - A S'4' - - - - --- Planner In Charge LOCAL GOVERNMENT PROGRESS REPORT FORM Division of Coastal Management LOCAL GOVERNMENT: Nags Head, Town of CONTRACT: S06120 QUARTER: 3`d NOTE. All localities receiving CAMA planning grants are required to fill out a periodic report on each which a grant was awarded. Please use a separate form for each project undertaken. Each locality r DATE: January 31, 2007 PROJECT: Stormwater Management Plan Update Project WORK CALLED FOR THROUGH THIRD QUARTER: (per ATTACHMENT E) • Preparation of draft report and all associated documents • Update of Board of Commissioners • Preparation of Final Report/Plan WORK COMPLETED DURING THIRD QUARTER: Draft Stormwater Capital Improvement Plan (CIP) prepared and submitted Draft CIP revised and submitted in final form Draft Technical Report (volume 11) submitted DEFICIENCIES: None PERCENTAGE OF WORK COMPLETED DURING PERIOD: 100% for FEB 5 2007 COAli�z®bethMAN AGE ENT SUMMARY OUTLOOK: One additional presentation to the Board of Commissioners (2 were provided for in the contract) scheduled for January 3rd Comments on technical report forwarded to consultant and final version submitted to the Town DCM District Planner Chief Elected Official \J AT\ P L& M G T-Quart- R e p t. 10102 <�. ��2( Local Government Representative - CQW - --------- Planner In Charge LOCAL GOVERNMENT PROGRESS REPORT FORM Division of Coastal Management LOCAL GOVERNMENT: Nags Head, Town of CONTRACT: S06120 QUARTER: 2nd NOTE: All localities receiving CAMA planning grants are required to fill out a periodic rE which a grant was awarded. Please use a separate form for each project undertaken. E DATE: October 31, 2006 PROJECT: Stormwater Management Plan Update Project WORK CALLED FOR THROUGH SECOND QUARTER: (per ATTACHMENT E) • Ordinance Review • Data gap "closing" • Progress meetings with staff • Ordinance (other localities) review • Meeting(s) with State agencies • Additional public input meetings WORK COMPLETED DURING SECOND QUARTER: Compilation/analysis of public Input— returned questionnaires Georeferencing of returned questionnaires Completion of GIS layer Draft Capital Improvement Plan (CIP) submitted for review Draft Stormwater Management Plan DEFICIENCIES: None on each project for NOV COGS),, ELIZ _-..., 1,G�EN3 PERCENTAGE OF WORK COMPLETED DURING PERIOD: 49.3% (81.54% completed to date) SUMMARY OUTLOOK: Incorporate CIP comments into final document Present progress report to Board of Commissioners Submit Stormwater Management Plan for review Project completion 0CM District Planner Chief Elected Official Local Government Representative 41a -- �� Planner In Charge .T\PL&MGT-Quart-Rept. 02 LOCAL GOVERNMENT PROGRESS REPORT FORM Division of Coastal Management LOCAL GOVERNMENT: Nags Head, Town of CONTRACT: S06120 QUARTER: 1ST NOTE: All localities receiving CAMA planning grants.are required to fill out a periodic re which a grant was awarded. Please use a separate form for each project undertaken. E ep riod. DATE: July 31, 2006 PROJECT: Stormwater Management Plan Update Project WORK CALLED FOR THROUGH FIRST QUARTER: (per ATTACHMENT E) • Project commencement • Staff/consultant meetings • Data analysis • Data gap Identification • Ordinance review • Initial public input meeting WORK COMPLETED DURING FIRST QUARTER: Project commencement Staff/consultant initial and progress meetings Data analysis Town wide GIS mapping completed 2 public input meetings held Stormwater questionnaires mailed/returned and compiled (600+ received) DEFICIENCIES: Ordinance review — to be accomplished in next quarter PERCENTAGE OF WORK COMPLETED DURING PERIOD: 32.2% SUMMARY OUTLOOK: Georeferenced questionnaire GIS layer to be completed Existing conditions analysis to be completed Draft Capital Improvements Plan (CIP) to be prepared Draft Stormwater Management Plan to be prepared Chief Elected Official �----------- Local Government Representative - VS Planner In Charge on each project for \. ';T\PLWGT-Quart-Rept. 1': 02 GRANT CONTRACT NO.S06120 F9!11_ STATE OF NORTH CAROLINA YV E�,RANTEE'S FEDERAL COUNTY OF WAKE 6 2006 IDENTIFICATION NUMBER 56-6034273 Morehead City DCMFDA CODE: 11.419 '-'this Contract is hereby made and entored into this 1st day of April, 2006, by and between the NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, (the "Agency") and TOWN OF NAGS HEAD (the "Grantee") (referred to collectively as the "Parties"). 1. Contract Documents: This Contract consists of the Grant Contract and its attachments, all of which are identified by name as follows: (1) Grant Contract No. S06120 (2) General Terms and Conditions (Attachment A) (3) Request for Proposal or Grant Application form (Attachment B) (4) Scope of Work, description of services, and Grantee's proposal (Attachment C) (5) Line item budget and budget narrative (Attachment D) (6) Project Schedule and Milestones (Attachment E) (7) Assurances - Non Construction Programs (Attachment F) These documents constitute the entire agreement between the Parties and supersede all prior oral or written statements or agreements. The Parties may enter into Contract Amendments in accordance with the General Terms and Conditions as described in Attachment A. 2. Precedence Among Contract Documents: In the event of a conflict between terms of the Contract Documents, the term in the Contract Document with the highest relative precedence prevails. The order of precedence is established by the order of documents in Paragraph 1, above, with the first - listed document having the highest precedence and the last -listed document having the lowest precedence. If there are multiple Contract Amendments, the most recent amendment has the highest precedence and the oldest amendment has the lowest precedence. 3. Contract Period: This Contract shall be effective on 1st day.of May, 2006 and shall terminate on 30th day of April, 2007. 4. Grantee's Duties: The Grantee provides the services for a project titled, "Stormwater Management Plan Update Project", as described in Attachment C and in accordance with the approved budget in Attachment D. 5. Agency's Duties: The Agency shall pay the Grantee in the manner and in the amounts specified in the Contract Documents. The total amount paid by the Agency to the Grantee under this Contract shall not exceed THIRTY THOUSAND DOLLARS ($30,000.00). This amount consists of: Dollars Type of Funds Funding Source CFDA No. $30,000.00 Federal Grant NOAA 050 Grant 11.419 [ ] a. There are no matching requirements from the Grantee. GRANT CONTRACT NO.S06120 [ x ] b. The Grantee's matching requiremenf,is $36,000.00, which shall consist of: $ In -Kind $ Cash $36,000.00 x Cash and In-..Kin.d, $ Cash and/or In -Kind'" Other / S erifxl, $ The contributions from the Grantee shall be sourced from non-federal funds. The total contract amount is $ 66,000.00. 6. Reversion of Unexpended Funds: Any unexpended grant funds shall revert to the Agency upon termination of this Contract. 7. Reporting Requirements: Any Grantee receiving at least $15,000 but less than •$500,000 in state funds from the Agency within any fiscal year is required to file with each funding state agency a sworn accounting of receipts and expenditures of state funds in the format approved by the State Auditor. This accounting must be attested to by the Grantee fiscal officer and one. other authorizing officer of the Grantee. This accounting must be filed with each funding state agency within six months after the end of the Grantee's operating year. If the Grantee receives STATE funds of $500,000 or more during its fiscal year, it must file with the State Auditor and each funding agency its audited financial statements in accordance with the standards and. formats prescribed by the State Auditor in Memorandum NGO-2 "Grantee Audit Reports." 1f the Grantee receives $500,000 or more in FEDERAL awards during its fiscal year from any source, including federal funds passed through the State or other grantors, it must obtain a single audit or program -specific audit conducted in accordance with the Federal Office of Management and Budget's Circular A-133 •"Audits of States, Local Government and Non -Profit Organizations. If the above amounts are not met by one single funding agency, but rather any combination of funding agencies, then the appropriate reports shall be sent to the Office of the State Auditor and to the Agency. Also, a corrective action.plan for any audit findings and recommendations must be submitted along with the audit report or within the period specified by the applicable OMB Circular or Memorandum. 8. Payment Provisions: The Agency reimburses the Grantee for allowable expenditures according to the amount specified per quarter in Attachment E up to ninety percent (90%) of. the total Agency funds under this Contract: Allowable expenditures are defined as expenditures associated with work performed to meet the milestones for a specific reporting period. If work is completed subsequent to the quarter specified in Attachment E, the Agency may reimburse the Grantee at the end of the quarter in which the work is completed or in the next quarter that a payment is due.. Work completed in a quarter subsequent to the time specified in'Attachment E may be reimbursed up to the maximum allowable for the specific milestones completed. The Agency retains a minimum of percent (10%) of the total Agency funds under this contract until the end of the contract and all required activities are completed and reports/deliverables are received and accepted by the Agency, including a final report that describes in detail project accomplishments and expenditures. The Agency may withhold payment on invoices when the Grantee fails to accomplish the milestones stated in. Attachment E. 9. Invoices: The Grantee submits invoices to the Contract Administrator at least uarterl Y. The final invoice must be received y the Agency within 30 days after the end of the con ract period. mended or c rr ' voi es must be received by the Agency's Office of the Controller within six months after the end of the contract eriod. The Agency will not pay any invoice received more than mon s a r e en o t e effective period. Page 2 of 4 GRANT CONTRACT NO.S06120 10. Contract Administrators: Each Party submits notices, questions and correspondence to the other Party's Contract Administrator. The name, post office address, street address, telephone number, fax number, and email address of the Parties' initial Contract Administrators are set'out beiow. Either Party may change the name, post office address, street address, telephone number, fax number, or email address of its Contract Administrator by giving timely written notice to the other Party. 'Any changes'in .the scope of the contract which increase or decrease the Grantee's compensation are not effective until approved in writing by the Agency's Head or Authorized Agent. For the Agency: IF DELIVERED BY US POSTAL SERVICE IF DELIVERED BY ANY OTHER MEANS Charlan Owens Charlan Owens DENR-Division of Coastal Management.DENR-Division of Coastal Management 1367 US'17 South 1367 US 17 South Elizabeth City, NO 27909 Elizabeth City, NO 27909 Telephone: 252-264-3961 Fax Email: charlan.owens@ncmail.net For the Grantee: IF DELIVERED BY US POSTAL SERVICE IF DELIVERED BY ANY OTHER MEANS Dave Clark Dave Clark Town of Nags Head Town of Nags Head PO Box 99 PQ Box 99 Nags Head, NO 27959-0099 Nags Head, NO 27959-0099 Telephone: 252-449-4201 Fax Email: clark@townofna shead.net 11. Supplementation of Expenditure of Public Funds: The Grantee assures that funds received pursuant to this Contract shall be used only to supplement, not to supplant, the total amount of federal, state and local public funds that the Grantee otherwise expends for a project titled, ttormwater Management Plan Update Project", and related programs. Funds received under this Contract shall be used to provide additional public funding for such services; the funds shall. not be used to reduce the Grantee's total expenditure of other public funds for such services. 12. Disbursements: As a condition of this Contract, Grantee acknowledges and agrees to make disbursements in accordance with the following requirements: a. Implement adequate internal controls over disbursements; b. Pre -audit all vouchers presented for payment to determine: • Validity and accuracy of payment • Payment due date • Adequacy of documentation supporting payment • Legality of disbursement c. Assure adequate control of signature stamps/plates; d. Assure adequate control of negotiable instruments; and e. Implement procedures to insure that account balance is solvent and reconcile the account monthly. Da -'I -V A GRANT CONTRACT NO.S06120 13. Outsourcing: The Grantee certifies that it has identified to the Agency all jobs related to .the Contract that have been outsourced to other countries, if any. Grantee further agrees that it will not outsource any such jobs during the term of this Contract without providing notice to the Agency and Obtaining. written approval from the Contract Administrator prior to outsourcing. 14. Signature Warranty: The undersigned represent and warrant that they are authorized to bind their principals to the terms -of this agreement.' IN WITNESS WHEREOF, the Grantee and the Agency execute this agreement in four (4) originals, one (1) of. which is retained by the Grantee and three (3) of which are retained by the Agency', the day and year first above written. TOWN OF NAGS HEAD M. Renee Cahoon Typed Name Mayor, Town of Nags Head Title WITNESS:' NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES iliiam G. Ross,_ Jr., Secretary Director/Division of Purchase & Services' By�cn� 4n�kS gigna re or Authorized Agent WITNESS: AZ Signature ORIGINAL Page 4 of 4 Attachment A General Terms and Conditions Governmental Entities DEFINITIONS Unless indicated otherwise from the.context, the following terms shall have the following meanings in this Contract. All definitions are from 9 NCAC 3M.0102 unless otherwise noted. If the rule or statute that is the source of the definition is changed by the adopting authority, the change shall be incorporated herein. (1) "Agency" (as used in the context of the definitions below) means and includes every public office, public officer or official (State or local, elected or appointed), institution, board, commission, bureau, council, department, authority or other unit of government of the State or of any county, unit, special district or other political subagency of government. For other purposes in this Contract, "Agency' . meansthe entity identified as one of the parties hereto, (2) "Audit" means an examination of records or financial accounts to. verify their accuracy. (3) "Certification of Compliance" means a report provided by the Agency to the Office of the State Auditor that states that the Grantee has met the reporting requirements established by this Subchapter and included a statement of certification by the Agency and copies of the submitted grantee reporting package. (4) "Compliance Supplement" refers to the North Carolina State Compliance Supplement, maintained by the. State and Local Government Finance Agency within the North Carolina Department of State Treasurer that has been developed in cooperation with agencies to assist the local auditor in identifying program compliance requirements and audit procedures for testing those requirements. (5) "Contract" means a legal instrument that is used to reflect a relationship between the agency, grantee, and subgrantee. (6) "Fiscal Year" means the annual operating year of the non -State entity. (7) "Financial Assistance" means assistance that non -State entities receive or administer in the form of grants, loans, loan guarantees, property (including donated surplus property), cooperative agreements, interest subsidies, insurance, food commodities, direct appropriations, and other assistance. Financial assistance does not include amounts received as reimbursement for services rendered to individuals for Medicare and Medicaid patient services. (8) "Financial Statement" means a report providing financial statistics relative to a given part of an organization's operations or status. (9) "Grant" means financial assistance provided by an agency, grantee, or subgrantee to . carry out activities whereby the grain o 7— nticipates no programmatic involvement with the - grantee or subgrantee during the performance of the grant. (10) "Grantee" has the meaning in G.S. 143- 6.2(b): a non -State entity that receives a grant of State' funds from a State agency, department, or institution but does not include any non -State entity subject to the audit and other reporting requirements of the Local Government Commission. For other purposes in this Contract, "Grantee" shall mean the entity identified as one of the parties hereto. (11) "Grantor" means an entity that provides resources, generally financial, to another entity in order to achieve a. specified goal or objective.' . (12) "Non -State Entity" has the meaning in WC.G.S. 143-6.2(a)(1): A firm, corporation, partnership, association, county, unit of local government, public authority, or any other person, organization, group, or governmental entity that is not a State agency, department, or institution. (13) "Public Authority" has the meaning in N.C.G.S. 143-6.2(a)(3): A municipal corporation that is not a unit of local government or a local governmental authority, board, commission, council, or agency that (i) is not a municipal corporation and (ii) operates on an area, regional, or multiunit basis, and the budgeting and accounting systems of which are not fully a part of the budgeting and accounting systems of a unit of local government. (14) "Single Audit" means an audit that includes an examination of an organization's financial statements, internal controls, and compliance with the requirements of Federal or State awards. (15) ':Special Appropriation" means a legislative act authorizing 'thee expenditure of a designated amount of public funds for a specific purpose. (16) "State Funds" means any funds appropriated by. the North Carolina General Assembly or collected by the State of North Carolina. State funds include federal financial assistance received by the State and transferred or disbursed to non -State' entities. Both Federal and State funds maintain their identity as they are subgranted to other organizations. Pursuant to N.C.G.S. 143-6.2(b), the terms'State grant funds" and "State grants" do not include any payment made by the Medicaid program, .the Teachers' and State Employees' Comprehensive Major Medical Plan, or other. similar medical programs. (17) "Subgrantee" has the meaning in G.S. 143-6.2(b); a non -State entity that receives a' grant of State funds from a grantee or from another subgrantee but does not include any non -State entity subject to the audit and other reporting requirements of the Local Government Commission. (18) "Unit of Local Government has the meaning in G.S. 143-6.2(a)(2): A municipal corporation. that has the power to levy taxes, including a consolidated city -county as defined by G.S. 1606:2(1}, and. all boards, agencies, commissions, authorities, and institutions thereof that are not municipal corporations. Relationships of the Parties Independent Contractor: The Grantee is and shall be deemed to be an independent contractor in the performance of this Contract and as such shall be wholly responsible for the work to be performed and for the supervision of its employees. The Grantee represents that it has, or shall secure at its own expense, all personnel required in performing the services under this agreement. Such employees shall not be employees of, or have any individual contractual relationship with, the Agency. Subcontracting: To subcontract work to be performed under this contract which involves the specialized skill or expertise of the Grantee or his employees, the Grantee first obtains prior approval of the Contract Administrator. In the event the Grantee subcontracts for any or all of the services or activities covered by this contract: (a) the Grantee is not relieved of any of the duties and responsibilities provided in this contract; (b) the subcontractor agrees to abide by the standards contained herein or to provide such information as to allow the Grantee to comply with these standards, and; (c) the subcontractor agrees to allow state and federal authorized representatives access to any records pertinent to its role as a subcontractor. Subgrantees: The Grantee has the responsibility to ensure that all subgrantees, if any, provide all information necessary to permit the Grantee to comply with the standards set forth in this Contract. Assignment: The Grantee may not assign the Grantee's obligations or the Grantee's right to receive payment hereunder. , However, upon Grantee's written request approved by the issuing purchasing authority, the Agency may: (a) Forward the Grantee's payment check(s) directly to any person or entity designated by the Grantee, or (b) Include any person or entity designated by Grantee as a joint payee on the Grantee's payment check(s). Such approval and action does not obligate the State to anyone other than the Grantee and the Grantee remains responsible for fulfillment of all contract obligations. Beneficiaries: Except as herein specifically provided otherwise, this Contract inures to the benefit of and is binding upon the parties hereto and their respective successors. It is expressly understood and agreed that the enforcement of the terms and conditions of this Contract, and all rights of action relating to such enforcement, are strictly reserved to the Agency and the named Grantee. Nothing contained in this document shall give or allow any claim or right of action whatsoever by any other third person. It is the express intention of the Agency and Grantee that any third person receiving services or Page 2 of 5 benefits under this Contract is an incidental beneficiary only. Indemnity Indemnification: In the event of a claim against either party by a third party arising out of this contract, the party whose actions gave rise to the claim is responsible for the defense of the claim and any resulting liability, provided that a party may not waive the other party's sovereign immunity or similar defenses. The parties agree to consult with each other over the appropriate handling of a claim and, in the event they cannot agree, to consult with the Office of the Attorney General. Default and Termination Termination by Mutual Consent: Either party may terminate this agreement upon thirty (30) days notice in writing from the other party. In that event, all finished or unfinished documents and other materials , at the option of the Agency, be submitted to the Agency. If the contract is terminated as provided herein, the Grantee is paid in an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the Grantee covered by this agreement; for costs of work .performed by subcontractors for the Grantee provided that such subcontracts have been approved as provided herein; or for each full day of services performed where compensation is based on each full day of services performed, less payment of compensation previously made. The Grantee repays to the Agency any compensation the Grantee has received which is in excess of the payment to which he is entitled herein. Termination for Cause: If, through any cause, the Grantee fails to fulfill in timely and proper manner the obligations under this agreement, the Agency thereupon has the right to terminate this contract by giving written notice to the 'Grantee of such termination and specifying the reason thereof and the effective date thereof. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by the Grantee , at the option of the Agency, be submitted to the Agency, and the Grantee is entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. The Grantee is not relieved of liability to the Agency for damages sustained by the Agency by virtue of any breach of this agreement, and the Agency may withhold payment to the Grantee for the purpose of set off until such time as the exact amount of damages due the Agency from such breach can be determined. Waiver of Default: Waiver by the Agency of any default or breach in compliance with the terms of this Contract by the Grantee is not a waiver of any subsequent default or breach and is not a modification of the terms of this Contract unless stated to be such in writing, signed by an authorized representative of the Agency and the Grantee and attached to the contract. Availability of Funds: The parties to this Contract agree and understand that the payment of the sums specified in this Contract is dependent and contingent upon and subject to the appropriation, allocation, and availability of funds for this purpose to the Agency. Force Majeure: Neither party is in default of its obligations hereunder if and it is prevented from performing such obligations by any act of war, hostile foreign action, nuclear explosion, riot, strikes, civil insurrection; earthquake, hurricane, tornado, or other catastrophic natural event or act of God. Survival of Promises: All promises, requirements, terms, conditions,. provisions, representations, guarantees, and warranties contained herein shall survive the' contract expiration or termination date unless specifically provided otherwise herein, or unless superseded by applicable federal or State statutes of limitation. Intellectual Property Rights: Copyrights and Ownership of Deliverables: Any and all copyrights resulting from. work tinder this agreement shall belong to the Grantee. The Grantee hereby grants to the North Carolina Department of Environment and Natural Resources a royalty -free, non- exclusive, paid -up license to use, publish and distribute results of work under this agreement for North Carolina State Government purposes only. Compliance with Applicable Laws Compliance with Laws: The Grantee understands and agrees that is subject to compliance with all laws, ordinances, codes, rules, regulations, and licensing requirements Dana 1 of C that are applicable to the conduct of its business, including those of federal, state, and local agencies having jurisdiction and/or authority. Equal Employment Opportunity: The Grantee understands and agrees that it is subject to compliance with all federal and State laws relating to equal employment opportunity. Confidentiality Confidentiality: The Grantee keeps confidential any information, data, instruments, documents, studies or reports given to or prepared or assembled by the Grantee under this agreement and does not divulge or make them available to any individual or organization without the prior written approval of the Agency. The Grantee acknowledges that in receiving, ' storing, processing or otherwise dealing with any confidential information it will safeguard and not further disclose the information except as otherwise provided in this Contract or without the prior written approval of the Agency. Oversight Access to Persons and Records: The State Auditor has access to persons and records as a result of all contracts or grants entered into by State agencies or political subdivisions in accordance with N.C.G.S 147164.7. Additionally, as the State funding authority, the Agency has access to persons and records as a result of -all contracts or grants entered into by State agencies or political subdivisions. Record Retention: The Grantee may not destroy, purge or dispose of records without the express written consent of the Agency. State basic records retention policy requires all grant records to be retained for a minimum of five years or until all audit exceptions have been resolved, whichever is longer. If the contract is subject to Federdl policy and regulations, record retention may be longer than five years since records must be retained for a period of three years following submission of the final Federal Financial Status Report, if applicable, or three years following the submission of a revised final Federal Financial Status Report. Also, if any litigation, claim, negotiation, audit, disallowance action, or other action involving this Contract has started before expiration of the five-year retention period described above, the records must be retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular five-year period described above, whichever is later. Time Records: The GRANTEE will maintain records of the time and effort of each employee receiving compensation from this contract, in accordance with the appropriate OMB circular. Miscellaneous Choice'of Law: The validity of this Contract and any of its terms or provisions, as well as the rights and duties of the parties to this Contract, are governed by the laws of North Carolina. The Grantee, by signing this Contract, agrees and submits, solely for matters concerning this Contract, to the exclusive jurisdiction of the courts of North Carolina and. agrees, solely for such purpose, that the exclusive venue for any legal proceedings shall be Wake County, North Carolina. The place of this Contract and all transactions and agreements relating to it, and their situs and forum, shall be Wake County, North Carolina, where all matters, whether sounding in contract. or tort, relating to the validity, construction, . interpretation, . and enforcement shall be determined. Amendment: This Contract may not be amended orally or, by performance. Any amendment must be made in written form and executed by duly authorized representatives of the Agency and the Grantee. ,Severability: In the event that a court of competent jurisdiction holds that a provision or requirement of this Contract violates any applicable law, each such provision or requirement shall continue to be enforced to the .extent it is not in violation of law or is not otherwise unenforceable and all other provisions and requirements of this Contract shall remain in '.full force and effect. Headings: The Section and Paragraph headings in these General Terms and Conditions are not material parts of the agreement and should not be used to construe the meaning thereof. Time of the Essence: Time is of the essence in the performance of this Contract. Care of Property: The Grantee agrees that it is be responsible for the proper custody and care of any State owned property furnished him for use in connection with the performance of his contract and will reimburse the State for its loss or damage. Page 4 of 5 Ownership of equipment purchased under this contract rests with the Agency. Upon approval of the Contract Administrator, such equipment may be retained by the Grantee for the time the Grantee continues to provide services begun under this contract. Travel Expenses: All travel, lodging, and subsistence costs are included in the contract total and no additional payments will be made in excess of the .contract amount indicated in above. Contractor must adhere to the travel, lodging and subsistence rates established in the Budget Manual for the State of North Carolina. Sales/Use Tax Refunds: If eligible, the Grantee and all subgrantees shall: (a) ask the North Carolina Department of Revenue for a refund of all sales and use taxes paid by them in the performance of this Contract, pursuant to G.S. 105-164.14; and (b) exclude all refundable sales and use taxes from all reportable expenditures before the expenses are entered in their reimbursement reports. Advertising: The Grantee may not use the award of this Contract as a part of any news release or commercial advertising. Recycled Paper: The Grantee ensures that all publications produced as a result of. this contract are printed double -sided on recycled paper. Sovereign Immunity: The Agency does. not waive its sovereign immunity by entering into this contract and fully retains all immunities and defenses provided by law with respect to any action based on this contract. Gratuities, Kickbacks or Contingency Fee(s): The parties certify and warrant that no gratuities, kickbacks or contingency fee(s) are paid in connection with this contract, nor are any fees, commissions, gifts or other considerations made contingent upon the award of this contract. Lobbying: The Grantee certifies that it (a) has neither used nor will use any appropriated funds for payments to lobbyist; (b) will disclose the name, address, payment details, and purpose of any agreement with lobbyists whom the Grantee or its subtler contractor(s) or subgrantee(s) will pay with profits or non - appropriated funds on or after December 22, 1989; and (c) will file quarterly updates about the use of lobbyists if material changes occur in their use. uYi i NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Morsel R Easiay, Gcverrcr Charles S. Jones, Director 1,11illiam G, Ross Jr., secrerr/ September 12, 2005 MEMORANDUM TO: FROM: John A. Thayer Jr., AICP Manager, CAMA Planning & Access Programs; Gloria Putnam, DWQ Nonpoint Source Planning Unit SUBJECT: NOTICE OF THE AVAILABILITY OF FUNDS- Local Planning & Management Grant Funds for 2006 Calendar Year (Coastal Stormwater/ Nonpoint Source Grant Funds) We are pleased to notify local governments in the coastal area that the Division of Coastal Management in concert with the state's Coastal Non -point Source Program (NPS) has funding available for stormwater/NPS related local planning and management projects for projects in calendar year 2006. Available grant funds total $290,000 for one-year local projects beginning January 1, 2006. Eligible Activities Proposals will be accepted for projects that include planning or developing stormwater programs or projects to reduce the concentration. of pollution in stormwater runoff and volume of pollution from existing development. The purpose of the local program or project should be to: 1. Limit surface water runoff volumes in order to minimize sediment loadings resulting from the erosion of streambanks and shorelines and other natural conveyances of stormwater and/or stabilize shorelines, stream banks and channels that are .being' eroded from stormwater runoff (using "soft" stabilization practices); 2. Identify priority local and/or regional watershed pollutant reduction opportunities (for example: improvements to existing stormwater runoff control structures to provide improved treatment) and develop a schedule and plan for implementing appropriate stormwater treatment controls; and/or 3. Preserve, enhance, or establish buffers along surface waterbodies and their tributaries. Example project proposals would include stormwater management plans for water quality; the development of local ordinances and regulations; and educational efforts toward maintaining existing water quality or improving water quality including "low impact development design concepts". 400 Commerce Drive, Morehead City, North Carolina 28557 1n 77.i1OWENT Q eering design component for either retrofitting Projects can also include an engin clude implementation costs of the project, whic existing or new facilities, but cannot in requires construction or actual inst lilt funds ton. �mplemeritlwever proects may include provisions the p oject. The Clean Water and timing for app y 9 Management Trust is recommended as a funding source for implementation activities. Matching Requirements 50% of the All projects musincludethe-fedeotal projectt cost is $50,000 then a maximum t$25 000 in costs. Forexample grant funds may be requested and $25,000 non-federal cash and/or in -kind match must ion. other state be provided. inc hidng may be ed as part lof the match ash uprovided the ch as local tstataff eafundsta e not already funds may other federal funds. being used to match If your local government is interested in applying for funds, please fill out the enclosed copies to the DCM District Planner serving your application form and return two (te lease note that the a lication form region no later than November 3 2005. Also, js not the same. Applications though. similar to_tliat for l�I d Use: Plan ---- submitted on the wrong form may not be accepted. Please note that tnd he grant contract will PIC) or proojectcondition anagerwill any require st�e the designation of Planner In Chars ( ) approval piior-to entering into any subcontracts. If you have any questions about t grant program or the application procedures, please call your District Planner or Gloria Putnam. The planners and Gloria Putnam are listed in the attached enclosures. We encourage your local government to consider applying for funds. We believe that participating in this grant program can make a significant contribution toward achieving your local and regional land -use and water quality objectives. Selection Process Schedule Proposal due date; November 3, 2005 Notification by: December 12, 2005 Grant contract start date: March 31, 2006 Project End date: April 1, 2006 Enclosures: List of Contact information for District Planners & Gloria Putnam Grant Application (includes Attachment A & Budget Summary Form (�) Planner In Charge (PIC) Designation This correspondence and the application form are also e click oil available Land Use losite Planning, g the web page omt hit :/Ncm2.enr.state.nc.us After Pullin up then click on: Grant Program for Local Governments, then click on: Coastal Stormwater / Nonp Source Grant Application Packet. N. C. DIVISION OF COASTAL MANAGEMENT Local Planning and Management - (Coastal Stormwater/NPS Grant Progr Local Government: Project Title: Principal Responsible Person: Address: Phone & e-mail address: Federal ID No.: Authorized Signature: GRANT APPLICATION Calendar Year 2006 (Please complete a separate application for each project.) Title: DC�1 USE ONLY Type of Project: Ranking: (Please use additional pages as necessary to give complete Brief description of proiect: List oroiect obiectives & Intended outcomes (include the water quality issues being addressed and tt water bodges bemg Impacted): ' Ex��ected products) of proiect and how the prolects success will be measured: Person and address to wham contract should be mailed: Budget Totals (front page 2) Local Alatch Total Project Cost Requested grant: $ Cash amount: $ In -Kind amount: $ $ H ]ENT DCM PLANNING AND MANAGEMENT — Coastal Stormwater!NPS GRANT PROGRAM CONTRACT ATTACHMENT "A" Local Government Sponsor: Project: Grant: $ Local Cash Match: $ Total: $ Describe accurately and.in measurable terms the anticipated activities to be performed during quarter. Indicate the percentage of the total work to be done each quarter and the amounts of funds to be spent verses local cash match. Note this form only illustrates grant and local cash t. Non -cash match is not illustrated or represented on this attachment. ACTIVITIES TO BE COMPLETED EACH QUARTER % of total work to be completed III tfunds III Local funds to be spent III clo of total work to be completed 111 % Grant funds to be spent Local funds to be spent % of total work to be completed III Grant funds to be spent Local funds to be spent Wag % of total work to be con Grant funds to be spent Local funds to be spent s;� oos Total Sa BUDGET SUMMARY C,rant CNIEN Local Match �k �k In -Kind C. Supplies D. Travel E. Printing r BUDGET Authorized Signature: Title: _ ** Note. Match must be at least 50% of total project cost. Local employees may be listed as either cash a non -cash match. k.�. ..-... _..a iniri nr Arnioef rNnnnonr mrtcl ha annrnvod itv the local I Division of Coastal Management ,A� 4,GWAN 1 Coastal NPS/Local Planning and Management Grail �rogram PLANNER -IN -CHARGE DESIGNATION and management grants tThe o localrgovernments lvision ol with the expectationastal anagement of suc essfull compl'etionsof planning project.. The Division places great importance on the quality of assistance offered to local communities by the Planner -in Gharge (PIG), be that persona local government employee or a consultant. Minimum criteria have been . project -by - project established to ensure that each local government has competent professional services available or each rbasis eachtpe son designatedAlthough as Planner- nhChaergedesignations must tnonmalle considered on a meet the following minimum general criteria depending cn the type of project pursued: A. Direct experience in completing a project of the type proposed. For example, if the product is a ge must demonstrate past experience and competence in land use plan, the Planner -in -Char n in-depth policy formulation, consensus building and in working with local governments o preparing a land use plan; and B. A masters degree in the field of work proposed and two (2) years of progressive planning experience; or an undergraduate degree in the field of work proposed and four (4) years of progressive planning experience; or an equivalent combination of training and. experience ,it the such as that recognized by the A the Planner -in -Charge' tute Of Crrtshouidifiod l haver a(deg ee in' planning, public product is a land use plan, administration or field, which incorporates planning and policy formation planner c work experience er land use ff the'ng or projec�iserwise meet the a stbrmwater plan, journeyle el eng nrds for eer ng pr project certification. management qualifications may be considered as alternative. In xperience, the addition to the more traditional f academic training sub ontractors work fore planning and Divisionfollowing . considers the 9 in reviewing and approving management projects: A. Past work history which demonstrates the ability.of the subcontractor to deliver the expected s outlined in Attachment A of the contract; planning document on time and a B. The present workload of the proposed subcontractor, including work other than projects funded by the Division of Coastal Management; and r must show that C If the projthrequires the provision of as sufficient GIS capability or mlust provideS 'services' an explanationoof how.thehnreeded GIS he/ capability will be provided. rimary e agent of all for The person designated Planner-In-Chargegeneral rule,mt be the Pshou d be responsible for no more than sfour which he/she is designated. As a gcase (4) planning and management projects funded by DCM. Exceptions may be made on a case y examination Note complexity Itonef etrsonrcan bects 'desived nateddorhero ect notpast ra history o firma proposed Plan ience A resume t be submitted ducaon and deor aoh proposed peojectaild orklnxa crordan of with the conditions onndit ons of o roposed Planner -in -Charge n the grant m s of contract, PIC ant designation musi occur before the local governml ant elxecuteshanyyisubcontractdstal Management a IN'HH EN . r ,.°_.S v,t�. September 2C05 Coastal Nonpoint Source/Planning & Management Application Grant Contacts If you have any questions concerning the NPS/Planning & Management Grant program or application procedures, please feel free to contact the Division of Coastal Management District Planner, or Gloria Putnam as listed below: For local governments in Dare, Currituck, Camden, Perquimans, Pasquotank, Gates and Chowan counties contact: Charlan Owens, AICP Division of Coastal Management 1367 U.S. 17. South Elizabeth City, NC 27909 (252) 264-3901 Charlan.Owens@ncmail.net In Bertie, Beaufort, Washington, Tyrrell, Hertford and Hyde counties contact: Fred Landa Division of Coastal Management 943 Washington Square Mall Washington, N.C. 27889 (252) 946-6481 F.red.Landa@ncmail.net In Carteret, Onslow (north of the New River), Craven and Pamlico counties contact: Maureen Meehan Will, District Planner Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 (252) 808-2808 Maureen.Wiil@ncmail.net In Pender, Onslow (south of the New River), New Hanover_and Brunswick counties contact: Mike Christenbury, District Planner Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405-3845 (910) 796-7288 Mike.Christenburv@ncmail.net Gloria Putnam, DWQ Nonpoint Source Planning Unit Division of Water Quality (919) 733-5083 ext. 567 Gloria.Putnam@ncmall.net ATTACHMENT C SCOPE OF WORK INTRODUCTION The Division of Coastal Management has received funds under the Planning and Management Stormwater/Non Point Source Grant Program. . BACKGROUND The Department of Environment and Natural Resources (DEPARTMENT) is charged.with the responsibility of assisting local governments with developing and carrying out local coastal planning and management programs by Sections 113A-112 and 113A-124 of the General Statutes. The General Statutes empower the DEPARTMENT (1) to provide planning assistance to local governments and (2) to receive, disburse and expend federal, state and local funds for the purpose of providing planning assistance to local governments, and to enter into contracts with local governments. The DEPARTMENT desires to cooperate with the GRANTEE in initiating or furthering a local planning and management program. The planning program shall be partially financed by the contribution of state, and/or local funds or a combination of local funds and cash equivalent services. PROJECT TIME PERIOD (note: Project cannot begin until grant contract has been fully executed. May 1, 2006 through April 30, 2007 GRANTEE REQUIREMENTS The GRANTEE hereby agrees to the following: (a) Update of the Town's 1995 Stormwater Management Plan with funding specific to addressing water quality issues.QAn analysis of existing water quality data and identification of non -point source ,--problem areas will be conducte�&ecommendations/strategies for alternat'iyy� to existing outfalls, ater treatment that includes low impact development techniques (LID), anbrdinance revisions will be provided. (b) To make the following local contributions to the total projects costs which must match the grant amount: Local Cash Match $ 30,000.00 Local In -Kind Match $ 6,000.00 TOTAL LOCAL FUNDS $ 36,000.00 .(c) Ten (10) bound copies and two (2) digital/CD copies of the work called for in the contract will be provided to the DEPARTMENT for review at the end of the contract period, the 30th day of April, 2007. The digital version shall be labeled with word-processing software and version. (d) To satisfy the match requirement of this contract, the GRANTEE shall document for the DEPARTMENT the expenditure of local cash match sum indicated in paragraph b. The DEPARTMENT may withhold the initial payment of grant funds to the GRANTEE until the GRANTEE has documented the expenditure of the local cash match sum. Local in -kind services match must be documented by the GRANTEE to the DEPARTMENT by the end of the contract period. ATTACHMENT C (e) Consistent with the attached Activities chart, the GRANTEE shall submit quarterly reports as to the status and progress of the project. Additionally, a Final Report shall be submitted along with other documentation as outlined in paragraph f. The Contract Administrator will provide the quarterly and final monitoring report form template. (f) The payment for services rendered under this contract will be paid quarterly upon receipt.of a requisition for payment from the GRANTEE specifying that the work under this contract has been performed and that the GRANTEE is entitled to receive the amount requisitioned under the terms of the contract. Actual payment authorized shall be based on the Contract Administrators approval of quarterly monitoring reports. Final invoices and all required documentation for closeout of this contract shall be submitted to the Contract Administrator on or before thirty (30) days after the end of this contract. (g) To carry out the tasks described in this contract, the GRANTEE shall either utilize the services of its in-house planning staff or it shall subcontract the services to be performed therein to a private consultant or public agency. If the Contractor intends to primarily use it's in house planning staff, such may only occur after written approval has been received by the Contract Administrator for the Department. The person designated to carry out the GRANTEE's responsibilities is herein referred to as Planner -In -Charge. The GRANTEE shall provide the Contract Administrator, prior to the execution of a subcontract and not later than thirty (30) days from the beginning date of the contract, a resume of the person proposed for Planner -.In -Charge designation, and a copy of the proposed subcontract, if applicable, between the GRANTEE. and the Planner -In -Charge. The Contract Administrator for the DEPARTMENT must approve the Planner -In -Charge and any sub- contract before any work under this contract is commenced or any subcontract is executed. The Contract Administrator will, disapprove any Planner -In -Charge who it, in its sole discretion, determines is not able to adequately perform the requirements of this contract or the subcontract in an -adequate and 'professional manner., Designation of an in-house Planner -In -Charge with a substantial amount of.work to be completed in-house may result in reduction of the contract amount. (h) The GRANTEE shall assume complete responsibility for the faithful and satisfactory performance of any Planner -In -Charge -and locally approved sub -contract retained in conjunction herewith, and shall be wholly and completely liable for the satisfactory performance of any such Planner -In - Charge, and shall hold the DEPARTMENT harmless and without liability with respect to the performance of any such Planner -In -Charge. The Contract Administrator for the DEPARTMENT must approve a change of Planner -In -Charge designee and any subcontract. (i) The Plannerdn-Charge shall agree to allow state and federal authorized representatives access to any records pertinent to its rple as a subcontractor. 0) The GRANTEE shall take the lead role in assuring that periodic monitoring meetings with the DEPARTMENT are scheduled. The GRANTEE shall require its Planner -In -Charge to be present at such meetings and will itself have an appropriate representative in attendance as well. (k) The GRANTEE shall: (a) cooperate in every way in the conduct of this project and make available research material, data, maps, and other statistical records of the GRANTEE; (b) arrange regular meetings of the Planning Board and other officials to review work carried out under this contract and make such recommendations as are required; and (c) pay for its proportionate share of the cost of the project as set forth in paragraph b. (1) Citizens in the GRANTEE's jurisdiction shall have the opportunity to help initiate and implement plans as well as react to proposals. Clear and direct access to the decision making process shall be provided to all citizens in the jurisdiction, and meeting places and times shall be widely publicized on a regular basis. All information pertaining to these activities (except when such o..,.o I .,F q ATTACHMENT I information is a breach of public trust) shall be available to citizens upon request, and information shall be provided on a continuous basis and sufficiently in advance of public decisions to permit a thorough citizen review of proposals and an opportunity to react. (m) No payments for planning activities will be made unless all local ordinances are consistent with the State Guidelines for Areas of Environmental Concern (15A NCAC 7H), as required in the Coastal Area Management Act (G.S. 113A-111). To satisfy this requirement, the GRANTEE shall provide the Contract Administrator with a letter and illustrative charts in a manner and form as provided by the Contract Administrator. The DEPARTMENT has the sole authority for determining whether local ordinances are consistent. (n) Unless otherwise specified, the GRANTEE shall ensure that all the necessary services provided under this contract shall be performed in connection with and respecting the planning jurisdiction of the GRANTEE. (o) The GRANTEE agrees that it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d, et.seq.) prohibiting discrimination on the grounds of race, color, or national origin, and Department of Commerce Regulations implementing Title VI (15 CFR Part 8). (p) The Americans with Disabilities Act 1990 (ADA) makes it unlawful to discriminate in employment against a qualified individual with a disability and outlaws discrimination against individuals with disabilities in State and local government services and public accommodations. The GRANTEE certifies that it and its principals and subcontractors will comply with regulations in ADA Title I (Employment), Title Il (Public Services), and Title III (Public Accommodations) in fulfilling the obligations under this agreement. (q) The GRANTEE certifies that it is in compliance with "Attachment F" Assurances -Non Construction Program. (r) The GRANTEE shall ensure that all final reports (excluding required. periodic progress reports) developed under this contract shall be printed by the offset process or other process of similar quality and cost efficiency approved by the DEPARTMENT. Each report shall be bound, and the general format shall follow good literary practice approved by the DEPARTMENT. (s) All reports, maps, and other documents completed as part of this contract, other than documents exclusively for internal use within the DEPARTMENT, shall carry the.following notation: "The preparation of this report (map, document, etc.) was financed in part through a grant provided by the North Carolina Non Point Source Program, through funds provided by the Coastal Zone Management Act of 1972, as amended, which is administered by the Office of Ocean and Coastal Resource Management, National Oceanic and Atmospheric Administration." (t) If any activity funded under this grant requires the preparation of an Environmental Impact Assessment (EIA) under G.S. 113A-4, it will be the responsibility of the GRANTEE to prepare any such document. (u) The parties hereto do further mutually hereby adopt by reference OMB Circular A-128 and the Financial Assistance Policy of the Grants Management Division, National Oceanic and Atmospheric Administration. These documents shall govern all matters where expressly specified herein, and additionally all matters upon which this contract is silent. N. C. DIVISION OF COASTAL MANAGEMENT Local Planning and Management - (Coastal Stormwater/NPS Grant Program—Y" GRANT APPLICATION Calendar Year 2006 NOV J. 8 2005 (Please complete a separate application for each project.] ui ry Local Government: tr>%J QF N S AHEAD Project Title: L)o�r��Ce O �rmu��er 1""`+bnoaemeri Principal Responsible Person: �)a�2- Address: A0,AS i'li� �u��,� ,�Koi'\eS �12 1Tmenl C c2'1 ..5__9-01 Phone & e-mail address: cD5a-� 414abl; Car U�runoT Federal ID No.: 5�,-- 6034a`(3 ha w rp oiect: The t-eQ,sea iW., Vuo ,I 1 s 'JO f\ ' ( A-0 U-%5 Q M Type of Project: Ranking: USE ONLY �ecow.uY.er.�a�,onS �or oho ,o�n t�e�l ao,., 0-0— a%19I 0 r ,,A+/s�osMcuac-� d pss,v ace s �o tec�uG� 8�4n i ,5t1.a r p C O { t,Q a ar. e n SOUVN& a,.� �,n��a-ove �{,,�QD Quaff" y 0tu�nn °S L1�5C�+a1e ) iI\C�u 1ouo ,r.�eNs,�y de�Q\oQ.nene9 tl ..fl, ;v: oscq,r.anc2 �e<ow -n¢Z8a`i-;)nSje.)Cavnit ao a1\� x�s� m&4--er, 4um.k�{% A�aotn�i _�_N;\\ Nc4E,tohes2 neceSs0.r-%, 0-v� �coVAOAP-A 0 Ltebz' me0, sce�o_t--"03 �kcr-e ts�Pt°p�ia4e, son and address to whom contract should be mailed: Oe'�-k Low�asg Inwn R&ALMQ�-j Tow r �i k5 _eo. TZ). box q9, Flags l eea , MC. CQ,71 8 1 - 669') Budget Totals (from page 2) Requested grant: S30)000 Local Match Cash amount: In -Bind amount $ 3O OO'O _ $ 000 $ Total Project Cost TOTAL: 9/2005 BUDGET SUMMARY _.._., Grant Local Match. A. SMiq Cash** In -Kind e or fl.Qc- 3 2 �00 �-Oo 0 ;ae �r. 1 So Total Salaries 13. Subcontract Costs *** C or Q.r o.u�d, aM¢n't' ooID Sao 0o0 Total Subcontract Costs 1 3 000 C. Su lies \yen Sp abS �v\ np-uz,%e s D. Travel s W4o lvne u-- 1 O 0 O. IT. F. Other I TOTAL BUDGET I$ 30 0 0 0_ $ 30.0 O O s 0. t,, n -I authorized SignatureE� ls� ' ?� •�,,. .,,� Title Note: Match must be at least 50% of total project cost. Local employees may be listed as either cash or non -cash match. 9/2OU5 Note: Subcontracts must be approved by the local DCM District Planner i`;, { �',l ;.. DCM PLANNING AND MANAGEMENT - Coastal Stormwater/NPS GRANT PROGRAM CONTRACT ATTACHMENT "A" Local Government Sponsor: IT�wv� tk I A 5 kieJpp Project: S�ormu�o'C e r v�o t avv¢0+ P \ar, Ug dm�e Grant: $ 301000 Local Cash Match: $ 3[0)000 Total: $ Describe accurately and in measurable terms the anticipated activities to be performed during ea, quarter. Indicate the percentage of the total work to be done each quarter and the amounts of gra funds to be spent verses local cash match. Note this form only illustrates grant and local cash total Non -cash match is not illustrated or represented on this attachment. ACTIVITIES TO BE COMPIXTFn EACH 01TARTFR % of total work to be completed 4�% 'c�o.n."t'�D-a-c�.. o1Dt��rJ�'C�V�•r(consu�'�'c�w\'}- Grant fonds to be spent 11 �t O;P/i1\ COMrY.eJ�C Q MQ t�� t�1c-�`iJ�4 5 �p�Cl C�%t' �oo a° B 'YC�enTrfiCC��; v� po-a:��r`c¢ e eulecV _1 �n,�:�l ub\1c $ '10 tao0 Local funds to be spent �3 0C 0 % of total work to be completed , Aptri���utne o1oO� Grant funds to be spent pa o$rass rr OA C t,� a Stare a�renc'�s $ 9c)01JD Local funds to be spent $ l®00 % of total work to be completed Grant Funds to be spent o`Y 4�/1 t`ra`�/�_)i- Pe�or'E' CvJ cL(( asso6ac-eAr. 0'CmeA+s �a�Q p`F ��dtd `Ot ��MMISS�DApiS $ 1.01000 Local funds to be spent 11 000 % of total work to be completed Grant funds to be spent-_ r Local funds to be spent , ATTACHMENT F ASSURANCES - NON CONSTRUCTION PROGRAMS The CONTRACTOR certifies that with regard to: 1. DEBARMENT and SUSPENSION - To the best of its knowledge and belief that it and its principals: (a) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal Department or agency; (b) have not within a 3-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State.antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, of receiving stolen property; (c) are not presently indicted for or' otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and, (d) have not within a 3-year period preceding this'applicatton/proposal had one or more public transactions (Federal, State, or local) terminated.for cause or default. 2. LOBBYING - To the best of his or her knowledge and belief, that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the ,awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan; or cooperative agreement. (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee_ of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of congress in connection with the Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. DRUG -FREE WORK PLACE REOUIREMENTS - It will comply by: (a) Publishing a statement notifying employees that the unlawful manufacture, ATTACHMENT F distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing a drug -free awareness program to inform employees about - (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and, (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a) above; (d) Notifying the employee in the statement required by paragraph (a), above, that, as a condition of employment under the grant, the employee will - (1) Abide by the terms of the statement;. and, (2) Notify the employer of any criminal drug statue conviction for a violation occurring in the workplace no later than five (5) days after such conviction; (e) Notifying the agency within ten (10) days after receiving notice under subparagraph (d)(2), above, from an employee or otherwise receiving: actual notice of such conviction; (f) Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), above with respect to any employee who is so convicted - (1) Taking appropriate personnel action against such an employee, up to and including termination; or, (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or tehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c),'(d), (e), and (f), above. AND 4. Will comply with the provisions of the Batch Act which limit to political activities of employees whose principal employment activities are funded in whole or in part with Federal Funds. 5. Will comply, as applicable, with the provisions of the Davis -Bacon Act, the Copeland Act, and the Contract Work Hours and Safety Standards Act regarding labor standards for federally assisted construction sub -agreements. 6. Will comply with all applicable requirements of all other federal laws, executive orders, regulations and policies governing this program. 1 NCDENR North Carolina Department of Environment and Natural Resources DIVISION OF PURCHASE AND SERVICES Michael F. Easley, Governor Michael G. Bryant, Director William G. Ross, Jr., Secretary Dave Clark Town of Nags Head P.O. Box 99 Nags Head, NC 27959-0099 Dear Mr. Clark: June 5, 2006 aED JIJN - 6 2006 mOrOhead City ®CM Enclosed is a fully executed copy of Contract No. S06120 between Town of Nags Head and the Department of Environment and Natural Resources. Invoices or matters regarding work to be performed should be directed to the Contract Administrator, Charlan Owens , DENR-Coastal Management, 1367 US 17 South, Elizabeth City , NC 27909. Please include Contract No. S06120 on invoices submitted for payment. Should you have any questions regarding the contract, you may contact meat (919) 715-3880. Sincerely, r4l, MIR / T. Mike Brendle, Chief Purchase and Contract Section Enclosure MB/mw cc: Ronda Bennett, DENR-Coastal Management Controller's Office One 1605 Mail Service Center, Raleigh, North Carolina 27699.1605 NOrthCar011na Phone: 919.733-97461 FAX: 919.715.06841 Internet: www.admin.em-.state.nc �afirrallt� An Equal Opportunity I Affirmative Action Employer • 50 % Recycled 110 % Post Consumer Paper 3100 - Contract Form (8101105) %.�� C4UDENR CONTRACT NO: JUN - 6 200 S06120 DENR CONTRACT FORM - AGREEMENT INFORMATION (Assigned by Contract Coordinator Cq y DENR Division & Section: Coastal Management -Elizabeth City office Address (MSC/Street): 1367 US 17 South City Elizabeth City Zip 27909 Contract Administrator (Technical expertise): Charlan Owens . Phone No: 1 252-264-3901 E-mail address: Charian.OwensCo0cmail .net Contract Coordinator (Contract Process expee) rtis Ronda Bennett Phone No: 1 252-808-2808 E-mail address: I Ronda.Bennett@ncmail.net CONTRACT INFORMATION: & SERVICES ONLY DPS Purchasing Agent: Date Received: Requisition No: PO No: /L;60.5D&12J AMENDMENT NO Contractor: Town of Nags Head Business IRS #: Social Security #: Check one of the following: (Federal Tax ID#) Contractor Key Contact Person: Dave Clark 56.6034273 Minority (510/o owned) StreeUPO Box # P.O. Box 99 - Woman (51%.owned) City/State/Zip: Nags Head, N.C. 27959-0099 Handicapped (51% owned) Phone No: 252-449-4201 X None of the above E-mail Address: clark@townofnagshead.net Address (Mail Contract to for Execution): (Unless University) Address (checks are mailed if different from Contract Execution address): Name: Robert Muller, Mayor Name: Street/PO Box # P.O. Box 99 Street/PO Box # City/State/Zip: Nags Head, N.C. 27959-0099 City/State/Zip: Contract Period (Work cannot begin until fully executed contract is in place) IStart Date: 04/01 /06 1 End Date: 03/31 /07 DENR Contract Amount (complete for Initial contract request only): 1 $ Amendment Amendment Type: No -Cost Time Increase or Decrease Revised Scope of Work Attached (check one): No: Extension Contract Amount: Yes No NA (Required) Explain why amendment is necessary: Time Extension from: Time Extension to: Amendment Amount: Is Revised Contract Total (Initial contract amount plus all amendments): $ ENCUMBRANCE (Actual or Estimate Per FY): FY 06 -- s 30,000.00 Co: 1601 Acct: 536962 Center 162562651805 PO Line s Co: Acct: Center FY - s Co: —Acct: Center PO Line s Co: Acct: Center FY - s Co: —Acct: Center PO Line s Co: Acct: Center FY - $ Co: Acct: Center PO Line s Co: Acct: Center PAYMENT SCHEDULE Check one): Reimburse for allowable expenditures according to amount specified in Scope of Work / a minimum of 10 % withheld until DENR accepts final work. X Reimburse 90% of all invoices for allowable expenditures with 10%withheld until DENR accepts final work. Reimburse actual invoices submitted with a minimum of 10% of DENR Contract amount withheld until DENR accepts final work. Lump sum payment when DENR accepts contract fulfillment. Other (Specify): MANDATORY SIGNATURE: By signature, I certify that the above budget information is correct, appropriately budgeted & currently available in the Division's budget as specified in the above encumbrance information. 1 DIVISION BUDGET OFFICER: `; Signature Date n ill ovu i<v �t Division Contract Coordinator for Contras eoues o. DENR DIVISION: Coastal Management SECTION: Elizabeth City office TYPE OF ACTION REQUESTED: (Contact Division of Purchase & Services for assistance in completing this farm - Main # 919-733-9746) REQUEST FOR PROPOSALS (Issued by PURCHASE & SERVICES) -ESTIMATED COST: $ (Scope of Work attached) SERVICE CONTRACT(compelitive solicitation; services by federal/state/local govt. or state -funded university) (Scope of Work attached) MOA / MOU (exchange of services only - no payment for services) - Scope of Work attached X GRANT CONTRACT (Grant application Issued by DENR or grant awarded through DENR - Grant application & Responses attached PERSONAL SERVICE (INDIVIDUAL ONLY) Form 319 / Vita or Resume / Unique Qualifications Statement & Scope of Work attached CONSULTANT CONTRACT (DPS solicits approval from GOVERNOR'S OFFICE & DOA P&C) - Scope of Work attached AMENDMENT (CONTRACT NO. required: ) For increased funding amendments - Form 6000 & 6100 required) (For no cost time extensions - Form 6100 submitted to DPS only) (Explanation required why increase in funding Is necessary): BRIEF TITLE I PURPOSE OF CONTRACT: Stormwater/Non-Point Source Grant JUSTIFICATION OF NEED FOR CONTRACT: Contract, results form grant to DENR for federal and state mandates WHY WORK CANNOT BE PERFORMED WITHIN DENR; N/A STATE / LOCAL / FEDERAL AGENCY OR STATE -FUNDED UNIVERSITY CONTACTED BUT UNABLE TO PROVIDE SERVICE AGENCY / UNIVERSITY:. CONTACT NAME: AGENCY / UNIVERSITY: CONTACT NAME: PHONE NO: PHONE NO: FEDERAL AND/OR STATE REGULATIONS / CITATIONS APPLY: X YES NO LIST OR PROVIDE AS ATTACHMENT: Attached SOURCE OF FUNDS Appropriations: $ Receipts: $ Federal Grant: $ 30,0( Grant,No: I NOAA o50 CFDAI, Grant Expiration Date 1 3/31/: Original Funding Available Is Obliqated / Approved to Date: Is CONTRACT INFORMATION (check one): ❑X Coitrajor,own - Formp100 Attached PROPOSED ENCUMBRANCE FOR THIS REQUEST: FY 06 — $ 30,000.00 Cc: 1601 Acot: 536962 Center: FY _— $ Cc: Acct: Center: FY _— $ Co: Acct Center: FY _-- $ Cc: Acct: Center: FY _-- $ Co: Acct: Center: FY _-- $ Co: Acct Center: Mandatory 1 Budget Officer's I Signature: w DATE: 0 Contractor Unknown Charlan Owens Phone No: 252-264-3901 C tract Admi istrator ignature Typed or Printed Name E-mail: Charlan.Owensffnemail.net (Certifies above request & information is in compliance with all State / Federal /local requirements & policies & DENR's strategic goals.) SUBMITTED TO CONTRACT COORDINATOR: 2/24/2006 (date) Page 1 of 2 X NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F, Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary July 19, 2006 TRANSMITTED VIA FAX AND U. S. MAIL Seth Lawless, Town Manager Town of Nags Head P. O. Box 99 Nags Head, NC 27959 Fax (252) 441-0776 RE: Acceptance of Planner -in -Charge Designee David W. Clark, P. E., Town Public Works Director for Planning and Management Grant Contract Number S06120, "Stormwater Management Plan Update Project" Dear Mr. Lawless: As specified under the financial terms of the contract between the Town of Nags Head and the State of North Carolina, per Attachment C, Grant Requirements (g) of said agreement, I have reviewed David Clark's qualifications submitted in support of his acceptance as "Planner -in - Charge" for preparation of the Stormwater Management Plan Update. Per this correspondence, Mr. Clark is accepted and designated as the "Planner -in -Charge" for contract S06120. If you have any questions concerning this correspondence please do not hesitate to contact me at 252-264-3901 or email charlan.owens( ncmail net. Sincerely, Charlan Owens, AICP NE DCM District Planner cc: Dave Clark, P. E., Town of Nags Head Public Works Director FILE 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: www.nccoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management 1367 U. S. 17 South Elizabeth City, INC 27909 Elizabeth Citm, Phone 252-264-3901 FAX 252-264-3723 District OfficL To: Seth Lawless From: Charlan Owen Fax: 252-441-0776 Pages: 2 Phone: Date: 7/19/2006 Re: Stormwater Management Plan Update CC: Grrant— PIC Letter ❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle Comments: SEE ATTACHED TRANSACTION REPORT TM P. 01 DATE START RECEIVER TX TIME PAGES TYPE JUL-19-2006 WED 10:03 AM NOTE M# DP JUL-19 10:02 AM 912524410776 1'14" 2 SEND OK 589 M. Ren6e Cahoon *HE Wayne Gray Mayor Commissioner Anna D. Sadler Bob Oakes Mayor Pro Tern Town of Nags Head Commissioner Post Office Box 99 Seth Lawless Nags Head, North Carolina 27959 Doug g Remaley Town Manager Telephone 252-441-5508 Commissioner Fax 252-441-0776 www.townofnagshead.net July 12, 2006 JUL 13 2000 X)AST,:-,i_ N. ANAG1: MENT Fi. l Z,AREcTH 01 T Y Charlan Owens, AICP NE District Planner NCDENR — Division of Coastal Management 1367 U. S. 17 South Elizabeth City, NC 27909-7634 Re: Planner -in -Charge Certification Stormwater Management Plan Update Contract #S-06120 Dear Charlan, This is to request certification of David W. Clark, P.E., Public Works Director, as Planner -in - Charge of the reference project. He was selected, and designated, by the Nags Head Board of Commissioners as the "Principal Responsible Person" in the original grant application, submitted in November 2005. Now that the grant has been approved, and the contract prepared and executed, he will be the Planner -in -Charge of this project. As the Public Works Director, he is the Town's principal contact with the consultant (sub -contractor) and is responsible for monitoring the consultant's progress, and reviewing all task work products. A copy of his current r6sum6 is enclosed for your review and consideration. Stormwater is Public Works', and the Director's, number 1 priority at this time. His current workload allows him to spend as much time as necessary on this project until it is complete. Should you need any additional information, please feel free to contact me, or Dave. His direct phone number is (252) 449-4201. Sincerely, Seth Lawless Town Manager Enclosures DAVID W. CLARK 2517 Compass Lane (252) 449-8072 Nags Head, NC 27959-9524 daveandioann9286@earthlink.net ENGINEER/MANAGER Civil ... Solid Waste... Industrial 2006 CAREER HIGHLIGHTS ELIZAEEMETH C!T v PUBLIC WORKS DIRECTOR MANAGES PUBLIC SERVICES/MAINT. PROGRAMS OVERSEES PROFESSIONAL SERVICES CONTRACTS DEVELOPS PROJECT SPECIFICATIONS ♦ Responsible for managing Town public service functions dealing with environmental compliance including Solid Waste Collection, Water Production and Water Distribution, Public Facilities Maintenance and Fleet Management; develops specifications for, and evaluates consultants complex engineering work; assists subordinate division superintendents with staffing, problem solving and decision making. ♦ Develops and implements programs for disaster preparation and recovery; oversees debris removal and infrastructure restoration following natural disasters; stays current with policies governing state and federal reimbursement for public entity post -disaster recovery costs. ♦ Represents town on regional Hydrology Study Committee; served on town Sanitation Vehicle, Water System Enhancement, and Stormwater study committees. COUNTY ENGINEER COORDINATED ENVIRONMENTAL PROGRAMS OVERSAW PROFESSIONAL SERVICES CONTRACTS DEVELOPED PROJECT SPECIFICATIONS Responsible for managing all County departments dealing with environmental compliance, including Solid Waste Collection, Water Department, Mosquito and Animal Control and Public Building Maintenance; developed solutions to complex engineering problems; assisted subordinate department heads in decision making, problem solving and personnel issues. ♦ Provided engineering assistance on Parks & Recreation, Airport Authority and Harbor Authority projects; served on School Capital Projects team. ♦ Oversaw professional services (engineering, surveying, architecture) contracts from Scope of Work preparation through project completion; supervised in-house construction projects and monitored contract construction work. DAVID W. CLARK, Page 2 PUBLIC WORKS DIRECTOR LANDFILL CONSTRUCTION OVERSIGHT DISASTER RECOVERY COORDINATED ENVIRONMENTAL PROGRAM ♦ Responsible for managing all County departments dealing with environmental issues _ Solid Waste Division, Water and Sewer Department, Mosquito Control, Keep Onslow Beautiful and Buildings & Grounds; developed solutions to complex engineering problems from study initiation to successful implementation; assisted subordinate department heads in personnel issues and decision -making. ♦ Developed, bid and implemented contracts for debris management/removal after five hurricanes; oversaw stream cleanup after natural disasters; coordinated FEMA buyout of homes flooded by Hurricanes Fran and Bonnie; made presentations on "Disaster Debris Management." at regional and national disaster recovery conferences. ♦ Duties included extensive contact with State Solid Waste, Water Supply and Groundwater regulatory agencies; reviewed and edited feasibility studies prepared by consultants; kept current on State and Federal Environmental regulations and their potential impact on County activities and budgets. ♦ Oversaw the design and construction of the first three phases (total 24.1 acres) of the County's Subtitle D landfill; developed and implemented corrective measures for landfill gas (odor) and high strength leachate problems; oversaw closure of 28-acre unlined landfill. SOLID WASTE ENGINEER LANDFILL OPERATION AND GENERAL MANAGEMENT POLICY AND OBJECTIVES FORMULATION FISCAL DIRECTION AND RESPONSIBILITY ♦ Responsible for managing all County refuse collection and disposal activities, including a 50,000+ tons/year sanitary landfill; developed and administered capital and operating budgets exceeding $1.5M. Designed landfills incorporating clay liners, leachate detection and groundwater monitoring. Used PC extensively for record keeping, data reporting and modeling. ♦ Conduct rate studies and prepare rate increase justifications. Develop specifications for equipment purchases and engineering design work; monitor contractor/consultant performance for contract compliance. Conduct legal and financial research, preparing studies and reports. ♦ Duties involved extensive contact with State and local regulatory agencies. Initiated ordinances for refuse collection and disposal. Implemented curbside recycling program as DAVID W. CLARK, Page 3 part of regional contract. Point -of -contact for citizen inquiries regarding recycling, solid waste and household chemical disposal. ♦ Supervised utility operations and construction. Managed vehicle maintenance garage and oversaw County mosquito control program. Served as the public liaison officer, speaking to public forums, civic organizations and before government agencies and elected boards. SANITARY ENGINEER REGULATORY ENFORCEMENT OPERATOR TRAINING COMPLIANCE INSPECTION ♦ Responsible for enforcement and implementation of Federal and State regulations involving public water supplies and municipal wastewater treatment. Reviewed and approved municipal and consulting engineer design plans. Conducted sanitary facility surveys, reviewed chemical and bacteriological test results. Provided technical assistance and information to governmental agencies and private firms. Conducted sanitary facility operator training and maintained/updated computer information system. INDUSTRIAL ENGINEER BUDGETDEVELOPMENT FEASIBILITY STUDIES REPORT ANALYSIS ♦ Conducted feasibility and time -and -motion studies; tested new products for specification compliance and improved work processes for adoption. Prepared analytical reports and recommendations based on data collected. Prepared specifications and budget requests for new equipment. Designed and implemented an innovative linen delivery system for a 600-bed training and research hospital. DAVID W. CLARK, Page 4 PROFESSIONAL EMPLOYMENT CHRONOLOGY 2002-Present Public Works Director, Town of Nags Head, North Carolina 2000-2002 County Engineer, Carteret County, North Carolina 1995-2000 Public Works Director, Onslow County, North Carolina 1980-1995 Solid Waste Engineer, James City County, Virginia 1978-1980 District Engineer, Virginia Health Department, Richmond, Virginia 1976-1978 Assistant District Engineer, Virginia Health Department, Lexington, Virginia 1971-1976 Industrial Engineer, University of Virginia Hospital, Charlottesville, Virginia 1966-1970 Cryptanalytic Specialist, U S Army (1967-1970 Pleiku, RVN) FORMAL EDUCATION MEM, 1991 Engineering Management, The George Washington University BS, 1976 Civil Engineering, University of Virginia LICENSES AND CERTIFICATES Registered Professional Engineer, Virginia - 1980 Registered Professional Engineer, North Carolina - 1996 PROFESSIONAL MEMBERSHIPS American Society of Civil Engineers Solid Waste Association of North America Distinguished Service Award, Virginia Chapter, 1992 President, Virginia Chapter, 1989-1991 Vice President, Virginia Chapter, 1988-1989 American Public Works Association National Society of Professional Engineers M. Renee Cahoon Mayor Anna D. Sadler Mayor Pro Tern Seth Lawless Town Manager NORTH CAROLINA DARE COUNTY Town of Nags Head Post Office Box 99 Nags Head, North Carolina 27959 Telephone 252-441-5508 Fax 252-441-0776 www.townofnagshead.net ` fjo co�'vvl { 'L \ Q� Wayne Gray Commissioner Bob Oakes Commissioner Doug Remaley Commissioner SERVICE CONTRACT // / (/T PURCHASE ORDER # DO�P I O7O THIS CONTRACT IS NOT VALID WITHOUT THE REQUIRED ACCOMPANYING/ CORRESPONDING PURCHASE ORDER (C initials) THIS CONTRACT is made and entered into this the 14'h day of February 2006, by and between the TOWN OF NAGS HEAD, a public body corporate of the State of North Carolina, (hereinafter referred to as "the TOWN") party of the first part and W. K. Dickson & Company, Inc., (hereinafter referred to as "CONTRACTOR'), party of the second part. 1. SERVICES TO BE PROVIDED AND AGREED CHARGES The services and/or material to be furnished under this contract (hereinafter referred to collectively as "SERVICES") and agreed charges are as follows: To furnish, in a professional manner, the services required to complete the "Update of the Stormwater Management Plan" for the TOWN; in accordance with the Scope of Services, as contained in the Request for Proposals For Engineering Services entitled "Update of Stormwater Management Plan, Town of Nags Head, North Carolina", dated October 24, 2005, and as revised, dated 1/5/2006 (copies attached). Work to be performed will be as described in the CONTRACTOR'S "Contract for Services" and Attachments "A" and "B", thereto (copies attached). Work will not commence on Tasks 5.1, 5.2, 5.5, 6.16.2, 7.1, 8.1, 8.2 and Tier III until after April 1, 2006. These tasks are as described in CONTRACTOR'S Attachment "A" "Scope of Services". Total contract price is $138,128.00 (One hundred thirty-eight thousand one hundred twenty-eight dollars and no cents) to be paid upon acceptance of work by Town. Work completed through the end of each month will be invoiced based on percentage (%) completed for each Scope of Services task. The DraftStormwater Management Plan, with all associated documents, shall be submitted no later than October 18, 2006. This includes all work under Tiers I, II and III as detailed in the above referenced "Contract for Services". Liquidated damages in the amount of $ 150.00 per day will begin accruing on October 19, 2006, and continue for each day the Draft Stormwater Management Plan Is not submitted to the TOWN for review. Town of Nags Head Stormwater Management Plan Update February 14, 2006 2. DESCRIPTION OF PROJECT Work under this contract consists of Engineering and surveying services to update the TOWN's Stormwater Management Plan, including the creation of a Stormwater/Drainage layer on the TOWN's GIS system. 3. TERM OF CONTRACT The term of this CONTRACT for SERVICES is from February 14, 2006 to December 1, 2006. Either party may nonetheless cancel this contract on thirty (30) days written notice to the other party by certified mail or personal delivery. This contract is subject to the availability of funds to purchase the specified SERVICES and may be terminated at any time if such funds become unavailable. 4. PAYMENT TO CONTRACTOR The TOWN agrees to pay at the rates specified for SERVICES satisfactorily performed in accordance with this contract. Unless otherwise specified, the CONTRACTOR shall submit an Itemized invoice to the TOWN by the end of the month during which SERVICES are performed. Payment will be processed promptly upon receipt and approval by the TOWN of the invoice. 5. INDEPENDENT CONTRACTOR Both the TOWN and the CONTRACTOR agree that the CONTRACTOR shall act as an independent contractor and shall not represent itself as an agent or employee of the TOWN for any purpose in the performance of the CONTRACTOR'S duties under this contract. Accordingly, the CONTRACTOR shall be responsible for payment of all Federal, State and local taxes arising out of the CONTRACTOR'S activities in accordance with this contract, including by way of Illustration by not limitation, Federal and State income tax, Social Security tax, Unemployment Insurance taxes, and any other taxes or business license fees as required. In performing the SERVICES, the CONTRACTOR is acting as an independent contractor and shall perform SERVICES in accordance with currently approved methods and practice in the CONTRACTOR'S professional capacity and in accordance with the standards of applicable professional organizations and licensing agencies. 6. INSURANCE AND INDEMNITY The CONTRACTOR shall indemnify and save harmless the TOWN, its agents and employees from and against all actions, liability, claims, suits, damages, cost or expenses of any kind which may be brought or made against the TOWN or which the TOWN must pay and Incur by reason of or in any manner resulting from injury, loss or damage to persons or property resulting from negligent performance of or failure to perform any of Its obligations under the terms of this CONTRACT. The CONTRACTOR shall be fully responsible to the TOWN for the acts and omissions of its sub -contractors and of persons either directly or indirectly employed by it, as the CONTRACTOR is for the acts and omissions of persons directly employed by it. In addition, the CONTRACTOR shall comply with the North Carolina Worker's Compensation Act and shall provide for the payment of workers' compensation to its employees in the manner and to the extent required by such Act. In the event the CONTRACTOR is Town of Nags Head Stormwater Management Plan Update February 14, 2006 excluded from the requirements of such Act and does not voluntarily carry workers' compensation coverage, the CONTRACTOR shall carry or cause Its employees to carry adequate medical/accident insurance to cover any injuries sustained by its employees or agents during the performance of SERVICES. The CONTRACTOR agrees to furnish the TOWN proof of compliance with said Act or adequate medical/accident insurance coverage upon request. The CONTRACTOR upon request by the TOWN shall furnish a Certificate of Insurance from an Insurance company, licensed to do business in the State of North Carolina and acceptable to the TOWN verifying the existence of any Insurance coverage required by the TOWN. The Certificate will provide for sixty (60) days advance notice in the event of termination or cancellation of coverage. 7. HEALTH AND SAFETY The CONTRACTOR shall be responsible for Initiating, maintaining and supervising all safety precautions and programs in connection with the work. The CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to all employees from the work and other persons who may be affected thereby. 8. NON-DISCRIMINATION IN EMPLOYMENT The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, sex, race, creed, or national origin. The CONTRACTOR shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their age, sex, race, creed, or national origin. In the event the CONTRACTOR is determined by the final order of an appropriate agency or court to be in violation of any non-discrimination provision of federal, state or local law or this provision, this Contract may be cancelled, terminated or suspended in whole or in part by the TOWN, and the CONTRACTOR may be declared ineligible for further contracts. 9. GOVERNING LAW This contract shall be governed by and in accordance with the laws of the State of North Carolina. All actions relating in any way to this contract shall be brought in the General Court of Justice of the State of North Carolina or in the Federal District Court for the Eastern District of North Carolina. 10. OTHER PROVISIONS This Contract is subject to such additional provisions as are set forth in any addendum executed separately by each party and attached hereto. 11. CONTRACT DOCUMENTS/AMENDMENTS This document together with the purchase order and any attached exhibits constitutes the entire Contract between the said two parties and may only be modified by a written mutual agreement signed by the parties and attached hereto. If any conflict is found between this contract and any attachments, the contract language will govern. K] Town of Nags Head Stormwater Management Plan Update February 14, 2006 12. SIGNATURES Both the TOWN and the CONTRACTOR agree to the above contract, Witnessed or Attested By: TOWN OF NAGS HEAD By:�oamZ�,i�� - �— Title: Date: CONTRACTOR By: -5ldf ESE r[� Title: ✓7' Date: "This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act." 33-Ob Fina e OffWer (:N VAORNE FORM LEGAL SUFFICIENCY, 0 CONTRACT FOR SERVICES This CONTRACT for the Update of Stormwater Management Plan -by and between the Town of Nags Head, hereinafter called the OWNER, and W.K. Dickson & Co., Inc., hereinafter called the CONSULTANT; The parties hereto do mutually agree as follows: Employment of CONSULTANT. The OWNER hereby engages the CONSULTANT and the CONSULTANT hereby agrees to perform the professional services hereinafter set forth. Scope of Services. The CONSULTANT shall perform, in a professional manner, the services set forth in Attachment A, Scope of Services, which attachment is incorporated herein. 3. Additional Services. The CONSULTANT shall provide additional services, not specifically called for in Attachment A, Scope of Services, upon request or authorization of the OWNER. 4. Time of Performance. The CONSULTANT will commence work on or as soon as practicable after the date of execution of this Contract and receipt of written Notice to Proceed. All work as set forth in the Scope of Services shall be completed within 240 calendar days of that date, assuming: (1) the timely submission of all required data and the scheduling of all meetings and reviews by the OWNER; (ii) no other impacts or delays caused by third parties, including the contractor(s) or its subcontractors; or (iii) other delays beyond CONSULTANT'S control. If the OWNER requests modifications to the Scope of Services of the project, the time of performance of the CONSULTANT shall be adjusted appropriately. Likewise should the CONSULTANT'S services extend past the completion date above, at no fault of the CONSULTANT, the CONSULTANT'S compensation shall be adjusted accordingly in an amount mutually acceptable to the parties. CONSULTANT'S services under this Contract, and each phase of services, if the Scope of Services is so divided, shall be considered complete at the earlier of (1) the date when the submissions for that phase have been accepted by the OWNER or (2) thirty days after the date when such submissions are delivered to the OWNER. 5. Meetings. This Contract includes attendance by the CONSULTANT at meetings to make presentations or to otherwise review the progress of the work as identified in Attachment A. 6. Reports. The CONSULTANT shall prepare and submit to the OWNER reports called for in Attachment A, Scope of Services, attached hereto. 7. Subsurface Investigations. In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect total project cost and/or execution. These unforeseen conditions are not the responsibility of the CONSULTANT. 8. CONSULTANT'S Personnel at Construction Site. The presence or duties of CONSULTANT'S personnel at a construction site, whether as onsite representatives or otherwise, do not make CONSULTANT or CONSULTANT'S personnel in any way responsible for those duties that belong to OWNER and/or the construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the construction Contract Documents and any health or safety precautions required by such construction work. CONSULTANT and CONSULTANT'S personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions and have no duty for inspecting, noting, observing, correcting, or reporting on health or safety deficiencies of the construction contractor(s) or other entity or any other persons at the site except the CONSULTANT'S own personnel. The presence of CONSULTANT'S personnel at a construction site is for the purpose of providing to OWNER a greater degree of confidence that the completed work will conform generally to the Contract Documents and that the integrity of the design concept as reflected in the Contract Documents has been implemented and preserved by the construction contractor(s). CONSULTANT neither guarantees the performance of the construction contractor(s) nor assumes responsibility for construction contractor's failure to perform their work in accordance with the Contract Documents. 9. Compensation. The CONSULTANT agrees to perform the services provided for in the Scope of Services, and the OWNER agrees to compensate the CONSULTANT for such services as set forth in Attachment B, Basis of Compensation, which attachment is incorporated herein. Compensation for additional services shall also be as set forth in Attachment B, Basis of Compensation. Payment by the OWNER to the CONSULTANT shall be due and payable on the 25th day of the month followinthe date of the invoice. Payments not received by the CONSULTANT by said 30t day of the month following the date of the invoice shall be overdue. A service charge of one and one-half (1'/2) percent per month shall be added to all overdue amounts. OWNER agrees to pay CONSULTANT'S cost of collection of all amounts due and unpaid after sixty (60) days including court costs and reasonable attorney fees. CONSULTANT shall not be bound by any provision wherein CONSULTANT waives any rights to a mechanic's lien, or any provision implying payment to CONSULTANT is contingent upon payment to OWNER by a third party. A failure by OWNER to pay CONSULTANT on a timely basis shall entitle CONSULTANT at its election, to stop work on the Project until such time as payment has been made, and upon seven days' notice and OWNER'S failure to pay all amounts then due, to terminate this contract. 10. Personnel. The CONSULTANT represents that he has, or will secure at his own expense, all personnel required to perform the services under this Contract and that such personnel will be fully qualified to perform such services. 11. Responsibilities of the OWNER. It is agreed that the OWNER will have the following responsibilities under this Contract: a) The timely provision of all available information, data, reports, records, and maps to which the OWNER has access and which are needed by the CONSULTANT for the performance of the services provided for herein. b) Providing assistance and cooperation for the CONSULTANT in obtaining any other needed material which the OWNER does not have in its possession. c) Making available the services of the OWNER as may be necessary to obtain information as needed to perform the work program set forth in the Scope of Services. d) The designation of a single representative who will be authorized to make necessary decisions required on behalf of the OWNER and will serve to provide the necessary direction and coordination for the project. e) Bear all costs for permitting and advertising for the project. f) Provide access to all affected private property for CONSULTANT to perform all necessary surveying, engineering and inspections. All such OWNER responsibilities shall be conducted in a timely manner and without undue delay so as not to delay the CONSULTANT in the performance of his services. 12.Opinion of Probable Construction Costs. CONSULTANT'S opinion of probable construction costs, if rendered as a service under this Agreement, is based on assumed labor costs and approximate quantities of material and equipment, and therefore is of a conditional character. CONSULTANT cannot and does not guarantee the cost of work to be performed by others since market or bidding conditions can change at any time and changes in the scope or quality of the project may affect estimates. 3 13.Ownership of Materials. It is agreed that upon receipt of final payment, all final documents, studies, surveys, drawings, maps, models, photographs and reports prepared by the Consultant under this Contract, shall be considered the property of the OWNER. However, the CONSULTANT shall retain such copies thereof as he desires. There shall be no reuse by OWNER without written verification or adaptation by CONSULTANT, and with compensation to CONSULTANT upon mutually acceptable terms. Any use by OWNER without CONSULTANT'S written verification of adaptation will be at OWNER'S sole risk and without liability or legal exposure to CONSULTANT, and OWNER agrees to indemnify and hold CONSULTANT harmless from and against any claims or liability, including attorneys' fees resulting from any claim against CONSULTANT by any third party arising out of OWNER'S use of the documents referred to herein, for any purpose other than the completion of the Project. 14. Delays Beyond the Control of the CONSULTANT. It is agreed that events which are beyond the control of the CONSULTANT may occur which may delay the performance of the Scope of Services. In the event that the performance of the Scope of Services by the CONSULTANT is delayed beyond his control, the CONSULTANT shall notify the OWNER in writing of such delay and the reasons therefore, and the OWNER shall extend the time of performance appropriately. 15.Chanoes. The OWNER or the CONSULTANT may, from time to time, request modifications or changes in the Scope of Services. Such changes, including any increase or decrease in the amount of the CONSULTANT's compensation, which are mutually agreed upon by and between the OWNER and the CONSULTANT, shall be incorporated in written amendments. 16.Termination of Contract. This Contract may be terminated by either the OWNER or the CONSULTANT with 7 calendar days written notice. In the event of such termination, all finished or unfinished plans, specifications and reports prepared by the CONSULTANT shall, at the option of the OWNER, become OWNER's property, subject to the provisions of paragraph 13. The CONSULTANT shall be entitled to receive compensation for work accomplished and for reimbursable expenses incurred prior to termination. 17.Assignability. This Contract shall not be assigned or transferred by either the CONSULTANT or the OWNER without the prior written consent of the other. Notwithstanding the foregoing, however, the CONSULTANT shall not be prohibited from contracting with qualified sub -consultants or from assigning to a bank, trust company, or other financial institution any claims for compensation due, or to become due, without such prior written consent. 4 18.Liability and Standard of Care. CONSULTANT shall perform services for client in professional manner, using that degree of care and skill ordinarily exercised by consultants practicing in the same or similar locality as the project. CONSULTANT'S liability to OWNER for any damages arising in any way out of performance or breach of this contract, is limited to the total fees paid by client or fifty thousand dollars ($50,000) whichever is less. In no event shall either OWNER or CONSULTANT be entitled to consequential damages. OWNER acknowledges that the CONSULTANT is a Corporation and agrees that any claim made by the OWNER arising out of any act or omission of any director, officer or employee of the CONSULTANT in the execution or performance of this agreement shall be made against the CONSULTANT and not against such director, officer, or employee and OWNER waives any claim against all of CONSULTANT'S directors, shareholders, officers and employees. IN WITNESS WHEREOF, the CONSULTANT and the OWNER have executed this Contract as of the date written below and under the laws of the State of OWNER: By: Title: 17-e;k " Date: ' � Witness Vi—o .1� i(, J � Title: !�R P . I b4 CJ to l , I CONSULTANT: W.K. DICKSON & CO., INC. By: — Slard , Title: ✓� Date: 2 00 Witness: Title: PRdsr« MdN 5 ATTACHMENT A Scope of Services Completion of the Master Plan shall include the following list of services: 1.0 PROJECT ADMINISTRATION 1.1 Status Meetings: Conduct progress meetings with key staff as each major task is nearing completion. One meeting can cover more than one task, as appropriate. (1) Two meetings are anticipated for this task. 1.2 Monthly Status Reports: Provide monthly, written, status reports to key staff detailing progress on all required tasks. Eight (8) status reports are anticipated for this task. 1.3 Town Board Meetings: Make an initial ("kickoff') presentation to the Town Board of Commissioners (at either a formal Board meeting, or Board workshop) and a final presentation of the recommended plan to the Board. 1.4 Training of Town Staff: Conduct training of Town staff in use of data collection techniques, stormwater modeling software, and CIS enhancement, if using non-standard (proprietary) methods. Two (2) days of training are anticipated for this task. 2.0 DATA COLLECTION 2.1 Review Available Data: Review all available information pertaining to the Plan, including, but not limited to: previous drainage studies, associated master drainage plans, flood event documentation, existing maps, proposed development, proposed infrastructure improvements associated with the area, etc. 2.2 Meet with Town Staff/Agencies/Citizens: Meet with Town staff, other agencies, and citizens to collect additional related information. A total of two (2) days of meetings are anticipated for this task. 3.0 PUBLIC INPUT 3.1 Public Meetings: Conduct at least two (2) Public Input meetings (1 evening, 1 daytime) to gather problem area data. A total of two (2) public meetings are anticipated for this task. The task will include the preparation of up to five (5) unique exhibits for each public meeting. 3.2 Public Survey: Conduct a mail based, and Web accessible, public input survey (approx. 4,500 property owners will need to be "reached"). 4.0 FIELD SURVEY 4.1 Delineate Basins: Identify and delineate the boundaries of the drainage basins that contribute stormwater runoff within the Town as well as major drainage features and drainage infrastructure within each basin (some surveying will be required). 4.2 Stormwater Infrastructure Field Collection: Identify the point(s) of discharge for each drainage basin. Collect structure and channel attributes to be agreed upon between the Town and the consultant prior to field collection. Horizontal location will be based on mapping grade GPS. IS Vertical location will be based on LIDAR topographic data and will not be survey grade. Include all drainage features - all ditches, swales and road (not driveway) culverts in the GIS Drainage layer, with accompanying photos and condition reports. This cost will reflect the incremental difference between the two levels of GIS work. A total of 300 structures are estimated for this task. Structures are defined as above. Fees for the Stormwater Infrastructure are based on a per structure basis and estimated based on the structure counts given above. Structure counts are based on previous stormwater inventory studies and knowledge of the Town's stormwater drainage network. Structures required to be attributed in excess of the counts given above will be charged at the rate of $40/structure. The consultant will not collect additional structures without written approval from the Town. 4.3 GIS Mapping: Prepare CIS -based datasets of the aforementioned items and map these items using the Town's CIS base map. CIS datasets shall include any attribute information (to be agreed upon between the Town and the consultant) that is necessary and useful for the completion of tasks included in this scope of services. 4.4 GIS Submittal:The map(s) created under this task will be provided to the Town in electronic format compatible with our CIS data format (ESRI shapefile/coverage/personal geodatabase). 4.5 Vertical Survey Collection: Seven (7) days of vertical field survey will be provided for key areas to be agreed upon between the Town and the consultant. 5.0 STORMWATER MASTER PLAN 5.1 Existing Conditions Analysis: Analyze the existing storm drainage ' systems for all storms including the 2-yr, 5-yr, 10-yr, 25-yr, and 100-yr-24 hour rainfall events and provide a summary of the results. The Consultant shall use SCS Unit Hydrograph methodology as contained in the HEC-1 or HEC-HMS computer models to generate peak flows for the above referenced rainfall events. The Consultant shall perform the hydraulic analysis by using the standard step backwater method as contained in the HEC-RAS computer program for mostly open systems to model the existing storm drainage system. For mostly closed systems EPA SWMM will be used to model the drainage system. 5.2 Prioritize Problem Areas: Develop list of prioritized areas for drainage improvements. 5.3 Alternatives Analysis: Develop potential solutions for each area defined in Task 5.2 and evaluate potential solutions to a feasibility level. 5.4 Cost Estimates: Feasibility level cost estimates shall also be provided for each alternative. 5.5 Identify Potential Permits for Alternatives: Identify all permits and agreements that the Town will need to obtain for each alternative solution prior to starting any construction, which may include: applicable environmental permits, DOT permits, and/or encroachment agreements. AN 5.6 Determine annual operation and maintenance costs: Estimated annual operation and maintenance costs will be determined for properly maintaining the existing stormwater system as well as the projects to be added in the future as part of the Capital Improvement Program. 6.0 WATER QUALITY ANALYSIS .6.1 Evaluate Water Quality Benefit of Proposed Alternatives: Assess the water quality benefits for each proposed alternatives. 6.2 Evaluate Town Outfalls: Evaluate the Town's use of ocean, and sound (estuarine) stormwater outfalls. Identify each as to ownership and maintenance responsibilities. For each non -NC DOT outfall, identify the associated environmental issues, potential water quality enhancements, and possible stormwater management alternatives. [Note: A detailed study of the five (5) NC DOT owned, and maintained, ocean outfalls in Nags Head is currently underway. This study/plan is not intended to overlap with that study/plan.] Conceptual BMPs will be recommended where appropriate to improve water quality at the outfalls. Detailed analysis and design for the water quality BMPs is excluded from this contract. 7.0 POLICIES AND ORDINANCES �7.1 Review Existing Town Ordinances: Review existing Town stormwater, and stormwater related (development) policies and ordinances. 7.2 Recommend Changes to Town Ordinances: Recommend alterations/improvements to stormwater related (development) policies and ordinances. 7.3 NPDES Phase II Recommendations: The Town is not required to establish a Phase II Stormwater Program, but wishes to see guidance in establishing the elements of such a program included in the final report. 8.0 STORMWATER MASTER PLAN REPORT '-8.1 Draft Report: Submit a Draft Stormwater Master Plan to the Town of Nags Head outlining all tasks listed above. -8.2 Final Report: Submit a Final Stormwater Master Plan to the Town of Nags Head outlining all tasks listed above. 9.0 EXCLUSIONS Services not specifically listed above are excluded and will be additional services. The following items are specifically excluded: 9.1 FEMA coordination 9.2 Floodplain mapping 9.3 Utility, topographic, and boundary survey 9.4 Geotechnical services 9.5 Stormwater infrastructure data collection in addition to the 300 structures outlined in task 4.2 ME 9.6 Stormwater infrastructure collection for structures identified as difficult access 9.7 Vertical survey in addition to the amount listed above 9.8 Meetings in addition to those specifically listed above 9.9 Postage for the public survey 9.10 Installation of groundwater monitoring wells 9.11 Detailed analysis and design of water quality BMPs. ATTACHMENT B BASIS OF COMPENSATION (Lump Sum Fee) 1. Basic Services: The OWNER shall pay the CONSULTANT for services set forth in Attachment A, Scope of Services, according to the following table: Phase Fee Type Additional Services GIS Inventory* $10,130 Not to Exceed $40/structure Vertical Survey $8,496 Not to Exceed $1,165/da ** Engineering Services $119,502 Lump Sum NA * The total number of structures to be collected in the GIS inventory shall not exceed three hundred (300) structures unless additional services are authorized by the town at a rate of $40 per structure. The total number of days of vertical survey shall not exceed seven (7) days unless additional services are authorized by the town at a rate of $1,165 per day. A percentage of the Lump Sum Fee will be billed on the last day of each month. The percentage billed will be the percentage of work estimated to be complete as of the day of billing. The GIS inventory and vertical survey services will be billed on the last day of each month based on the number of structures collected and the number of days of vertical survey completed. 2. Additional Services. The OWNER shall pay the CONSULTANT for additional services, which are not specifically called for in Attachment A, Scope of Services, in accordance with the CONSULTANT'S standard rates. R '� "A'x 1 i fk{�i� (i (op (pp py pm �qp {m� a o r {p� 1om 1pm m d poqf my pm 1pp 0 N 0 (1y� 0 (pp 0 N I IAT .k9,. l7 t7 N N V) m a7 Ol 10 Q Vl Q m R N fV (7 a 0 m 0 n 1` 1� m N 1` Cl VI 1V O N �` O N m' N C 17 V< F� S €:'i P �� NNNN N N N N N y NMN NN NN NN NN N NN NNY �nP w ,rn il.r skier: :. m r ypS, Y:iF"A 01 .'" v m m N O •.� .N^ mN OaN O m m E� N3S N O N O N m m O m m m m m N m N N N N m m ,++,. o NMI 2%r9r i�. `� ... m O m g N m O m a 3 J6 v, ui lit ,..ggg 0 F 0 0 F m LL a m �i m a V a N oW "Ad QO~ m W W ZN m.g U1F❑ - C c a c & 6 f¢3�5lOY- =Tnf E m� O?cmRpZ<yJ W Yr oWsd FNmP& y�o iEm�`€mCL° W.J¢inim 00 V3°- vc O2'cmm pL>� wCm6 '� _¢ p?m 9Vo na <ma V2EES dm W ap0 m3q ,fil cmpQ 'CH;a m z U K ni VE> C COlY O m a 0d W S o N N Y O '- 2 A C�E mQ 01 amP iH❑a EN 6 RuOy- U & 0 R¢ 32 a W¢ WIN M Z y0 LL N3SWf1N . N p � 1 V 3 S O N t 7 O O N N N N r l 17 (7 O a Q N Q C I C a V < a 1 O N N N f 7 0 m a N y V I m 0 N N b N O m r I N r r (7 O m N m 0 Robert W. Muller Mayor R. Brantley Murray Mayor Pro Tern Seth Lawless Town Manager Town of Nags Head Post Office Box 99 Nags Head, North Carolina 27959 Telephone 252-441-5508 Fax 252-441-0776 www.townofnagshead.net Anna D. Sadler Commissioner Wayne Gray Commissioner Bob Oakes Commissioner REQUEST FOR PROPOSALS (RFP) FOR ENGINEERING SERVICES Update of Stormwater Management Plan Town of Nags Head, North Carolina October 24, 2005 I. Overview and Purpose The Town of Nags Head Is seeking proposals from qualified engineering firms interested in providing the design services required to update the Town's Stormwater Management Plan. The update will provide the Town with an analysis of the existing stormwater management policies, ordinances and infrastructure as well as identification of high priority areas for stormwater drainage system improvements and options for those improvements. The goal of the Town is to establish appropriate stormwater management practices to provide flood relief while also maintaining/enhancing the existing water quality. II. Scope of Services Completion of the Master Plan shall include the following services: Review all available Information pertaining to the Plan, including, but not limited to: previous drainage studies, associated master drainage plans, flood event documentation, existing maps, proposed development, proposed infrastructure improvements associated with the area, etc. Meet with Town staff, other agencies, and citizens to collect additional related information. Identify and delineate the boundaries of the drainage basins that contribute stormwater runoff within the Town as well as major drainage features and drainage infrastructure within each basin (some surveying will be required). Identify the point(s) of discharge for each drainage basin. Prepare GIS-based datasets of the aforementioned items and map these items using the Town's GIS base map. GIS datasets shall include any attribute information (to be agreed upon between the Town and the consultant) that Is necessary and useful for the completion of tasks included in this scope of services. The map(s) created under this task will be provided to the Town in electronic format compatible with our GIS data format (ESRI shapefile/coverage/personal geodatabase). Analyze the existing storm drainage systems for all storms including the 2-yr, 5-yr, 10-yr, 25-yr, and 100-yr-24 hour rainfall events and provide a summary of the results. Develop list of prioritized areas for drainage improvements, and evaluate potential solutions to a feasibility level. Assess the water quality benefits for each proposed alternatives. Feasibility level cost estimates shall also be provided for each alternative. Town of Nags Head Stormwater Management Plan Update Request for Proposals October 24, 2005 Page 2 Identify all permits and agreements that the Town will need to obtain for each alternative solution prior to starting any construction, which may Include: applicable environmental permits, DOT permits, and/or encroachment agreements. • Review existing Town stormwater, and stormwater related (development) policies and ordinances and recommend alterations/Improvements. • Evaluate the Town's use of ocean, and sound (estuarine) stormwater outfalls. Identify each as to ownership and maintenance responsibilities. For each non -NC DOT outfall, identify the associated environmental issues, potential water quality enhancements, and possible stormwater management alternatives. [Note: A detailed study of the five (5) NC DOT owned, and maintained, ocean outfalls in Nags Head Is currently underway. This study/plan is not intended to overlap with that study/plan.] • The Town is not required to establish a Phase II Stormwater Program, but wishes to see guidance in establishing the elements of such a program included in the final report. • Make periodic presentations of progress and/or proposed improvements to Town Council, or other groups as deemed necessary during the process. • Submit a Draft and Final Stormwater Master Plan to the Town of Nags Head outlining al tasks listed above. Available Data to Be Provided By the Town Includes But Is Not Limited to the Following: 2002 Aerial Photography 2000 Land and Water Use Plan 1995 Stormwater Management Plan 1980 Town of Nags Head Surface Drainage Plan Daily Rainfall Data (1965 — Present) Water Quality Data (2001— Present) August 1995 Map —Town of Nags Head Drainage Basins III. Deliverables • Draft Stormwater Master Plan Report • Final Stormwater Master Plan Report Iv. Schedule for Consultant Selection The tentative schedule for selecting a consultant and completing the master plan is outlined below. The actual schedules may vary. October 24, 2005 Request for Proposals (RFP) issued November 22, 2005 RFP's submitted November 28 — Proposal evaluation, discussion, proposer interviews December 23 January 4, 2006 Recommendation of consultant to Board of Commissioners January 11, 2006 Contract execution January 18, 2006 Project commencement September 18, 2006 Submission of Draft Stormwater Management P/an with all associated documents, as outlined In Section II, above Town of Nags Head Stormwater Management Plan Update Request for Proposals October 24, 2005 Page 3 V. Consultant Selection Criteria Criteria for the selection of the consultant will include, but not be limited to the following; • Quality of response to the RFP and subsequent interview, if short-listed. • Applicable experience of consultant and design team. • Approach chosen to accomplish this project. • Consultants demonstration of having the ability to complete similar projects on time and within budget. (Consultant shall explain any concerns with the schedule or general scope of work associated with this project). • Demonstrating the ability to develop effective, real life solutions for challenging and sometimes highly publicized problems. • Demonstrating the ability to produce design solutions that will serve as "integral building blocks" for future town wide drainage improvements. A selection committee may interview short-listed firms. VI. Supervision of Consultant(s) The consultant(s) will be under the supervision of the Director of Public Works or his designee. Any questions relating to these projects shall be directed to this person. VII. Contractual Arrangements A standard form, Town of Nags Head contract for services (copy attached) will be entered into to cover the work under this RFP. VIII. Equal Employment Opportunity See Section 8 of the attached standard form contract document, IX. Contracting Any contract developed for work will be in accordance with the laws of the State of North Carolina. (See section 9 of the attached sample contract.) X. Submission of Proposal Proposals shall be signed by the person or member of the firm making the proposal, and in the case of a corporation, by an authorized officer or agent subscribing the name of the Corporation and his or her own name. The Proposer shall provide the following information regarding their desire and ability to perform the work, The entire proposal is limited to 30 pages (or 15 pages double -sided) excluding appendices. Town of Nags Head Stormwater Management Plan Update Request for Proposals October 24, 2005 Page 4 A. Title Page Firm's name, address and telephone number, email address and facsimile number (of the engineering firm's principal office completing the work) and date of proposal. B. Table of Contents C. Letter of Transmittal A statement of understanding of the scope of work required and a commitment to perform these services shall be made. The letter should include the principal firm's contact representative and the name of the engagement partner, if different from the contact representative. D. Profile of the Firm 1. Submit evidence that the firm is a legal and licensed entity in the State of North Carolina and has performed continuous engineering services for a minimum of five (5) years. 2. Identify the principal supervisory and management staff, including partners, managers, other supervisors and specialists, who would be assigned to the engagement. Indicate whether each person is licensed to practice as a certified public engineer in the State of North Carolina. Provide information on the civil engineering experience of each person, including specific engagements and information on relevant projects of similar scope and complexity. 3. Describe your local office's experience in performing work similar to that required by the scope of work contained in the RFP. List those projects of similar scope and complexity completed within the last five years. Give a brief description to include: a. Client (contact person, address and telephone number) b. Dates project initiated and completed c. Nature of work involved in each project d. Degree of implementation accomplished 5. Description of insurance coverage maintained by the firm. Copy of declarations page from current policies for each of the following types of insurance must be attached: a. Worker's Compensation b. General Commercial Liability c, Professional Liability, Malpractice and Errors and Omission. E. Work Approach The proposal should set forth a written work plan, including an explanation of the methodology to be followed, to perform the services required in Part II of this RFP. Town of Nags Head Stormwater Management Plan Update Request for Proposals October 24, 2005 Page 5 F. Project Schedule Include a one -page schedule for completion of your project work plan, project updates, public meetings, and delivery of the draft and final work product. Include the proposed start and end dates and intermediate dates. G. Additional Data Additional information that the accounting firm deems appropriate to assist in evaluating the proposal should be submitted. Costs for developing a response to the RFP and costs attributed to the Interviews are at the consultant's own expense and will not be eligible for reimbursement. Fee negotiations will be initiated with the firm(s) found to be most qualified for this work by the selection committee. As part of negotiations, the selected firm(s) will be expected to develop a detailed Scope of Work for the plan. The Town reserves the right to accept the proposal that best fits the Scope of Services as defined by the Town of Nags Head and is deemed to be in the best interest of the Towxv�-or-the Town can reject all proposals. Ten (10) copies of all proposals must be received no later than 5:00 p.m., EST on November 22, 2005 by the Town Clerk, Nags Head Town Hall, 5401 South Croatan Highway, Nags Head, NC 27959 (mailing address, P. 0. Box 99, Nags Head, NC 27959-0099). The responsibility for getting the request for proposal to the Town on or before the specified time and date is solely and strictly the responsibility of the Proposer. The Town will in no way be responsible for delays caused by any other occurrence. Offers by telephone, telegram or fax will not be accepted. The receipt time will be scrupulously observed. Under no circumstances will proposals delivered after the time specified be considered. Such proposals will be returned unopened. The Town will not be responsible for any expenses incurred by a firm in preparing and submitting proposals. All parties shall provide a straight forward, delineation of your capabilities to satisfy the requirements of this request. Emphasis should be on completeness and clarity of content. The qualifier is prohibited from assigning, transferring, conveying, subletting, or otherwise disposing of this agreement or its rights, title of interest therein or Its power to execute such agreement to any other person, company or corporation without the previous consent and approval in writing by the Town. The Town shall not be responsible for oral interpretations given by any Town issuance. A written addendum is the only official method whereby interpretation, clarification or additional information can be given. If any addendum are issued to this request for proposal, the Town will attempt to notify all known providers, however, it shall be the responsibility of each provider prior to submitting their proposal, to contact the Public Works Director, Nags Head Public Works Department, 2200 S. Lark Avenue, Nags Head, NC 27959, (252) 441-1122, to determine if addendum were issued and to make such addendum a part of the response. For information regarding technical matters of this request for proposal, please contact: Dave Clark, P.E., Public Works Director, Town of Nags Head, (252) 449-4201. II. Scope of Services (revised 11512006) Completion of the Master Plan shall Include the following revised list ofservices: • Review all available information pertaining to the Plan, including, but not limited to: previous drainage studies, associated master drainage plans, flood event documentation, existing maps, proposed development, proposed infrastructure improvements associated with the area, etc. (1) • Meet with Town staff, other agencies, and citizens to collect additional related information. (1) • Identify and delineate the boundaries of the drainage basins that contribute stormwater runoff within the Town as well as major drainage features and drainage infrastructure within each basin (some surveying will be required). Identify the point(s) of discharge for each drainage basin. Prepare GIS-based datasets of the aforementioned items and map these Items using the Town's GIS base map. GIS datasets shall Include any attribute information (to be agreed upon between the Town and the consultant) that is necessary and useful for the completion of tasks included in this scope of services. The map(s) created under this task will be provided to the Town in electronic format compatible with our GIS data format (ESRI shapefile/coverage/personal geodatabase). (1, 2) • Conduct training of Town staff in use of data collection techniques, stormwater modeling software, and GIS enhancement, if using non-standard (proprietary) methods. (1) • Analyze the existing storm drainage systems for all storms including the 2-yr, 5-yr, 10-yr, 25-yr, and 100-yr-24 hour rainfall events and provide a summary of the results. (1) • Develop list of prioritized areas for drainage improvements, and evaluate potential solutions to a feasibility level. Assess the water quality benefits for each proposed alternatives. Feasibility level cost estimates shall also be provided for each alternative. (1) • Identify all permits and agreements that the Town will need to obtain for each alternative solution prior to starting any construction, which may include: applicable environmental permits, DOT permits, and/or encroachment agreements. (1) • Review existing Town stormwater, and stormwater related (development) policies and ordinances and recommend alterations/improvements. (1) • Evaluate the Town's use of ocean, and sound (estuarine) stormwater outfails. Identify each as to ownership and maintenance responsibilities. For each non -NC DOT outfall, identify the associated environmental issues, potential water quality enhancements, and possible stormwater management alternatives. [Note: A detailed study of the five (5) NC DOT owned, and maintained, ocean outfalls in Nags Head is currently underway. This study/plan is not intended to overlap with that study/plan.] (1) • The Town is not required to establish a Phase II Stormwater Program, but wishes to see guidance in establishing the elements of such a program included in the final report. (3) • Make an initial (kickoff' presentation to the Town Board of Commissioners (at either a formal Board meeting, or Board workshop) and a final presentation of the recommended plan to the Board. (1) • Conduct progress meetings with key staff as each major task is nearing completion. One meeting can cover more than one task, as appropriate. (1) • Conduct at least two (2) Public Input meetings (1 evening, 1 daytime) to gather problem area data, (1) • Conduct a mail based, and Web accessible, public input survey (approx. 4,500 property owners will need to be "reached'o. (1) • Provide monthly, written, status reports to key staff detailing progress on all required tasks. (1) • Submit a Draft and Final Stormwater Master Plan to the Town of Nags Head outlining all tasks listed above. (1) Cost Proposal (the Board of Commissioners has voted to exempt the town from the provisions of the Mini Brooks Act — NCGS 143 — 64.31 through 64.35 — see attached e- mail from the Town Clerk) Tier I (see items marked "1", above): All items of the Scope of Services except that the GIS portion will only include the major drainage features — Ocean and Sound Outfalls, and major ditches — on the GIS Drainage layer with accompanying photos and condition reports attached. Tier II (see the item marked "2", above): Include all drainage features — all.ditches, swales and road (not driveway) culverts in the GIS Drainage layer, with accompanying photos and condition reports. This cost will reflect the incremental difference between the two levels of GIS work. Tier III (see the item marked "3", above): Provide a separate price for the work associated with advising the Town regarding a Phase II NPDES Stormwater Program, and what would have to be done to "tweak" our practices to be in compliance. Given an early February 2006 project start date, please provide a reasonable completion date (submission of the draft Plan for review) for each Tier described above. 9/2005 N. C. DIVISION OF COASTAL MANAGEMENT s: Local Planning and Management - (Coastal Stormwater/NPS Grant Program)" GRANT APPLICATION Calendar Year 2006 a Local Government WN NAGS pHEAb Project Title: U Lr�lCe. p� V\arm v�er 1V�naaemen�Q�pn Principal Responsible Person: low3c Address: C Phone & e-mail address: o' =-4144- Federal ID No.: "j(,-- G034a"13 V'Qa E Authorized Signature: �„�Title: for each NOV 18 2005 ,()ASTA;_ NAANAGEMEN; !ct.}`LJ/AFC_, � � C ITY DCM USE ONLY Type of Project: Ranking: (Ptease use additional pages as necessary to give complete responses.) Brief description of ro'ect: pThe Tol., NS uPa lu� ��� 5to c�0.Eea t�l \o n oS tev�secx ir\ 'V\0.V\0.�ew�eol� �gg5, �oa�;cu\cam ev.. li.os s s o -L1.� -�' Q0 (s� ocea_r\� ou`t�k o nc v\uw\e ro�5 soua\p (estuat-'„\ o0, &, re- our s�r,,�W� e� List project objectives & Intended Outcomes lincinrio rtio ,.,�♦o. .. ns..: .. water bodies being impacted): D8ve\o o_ yP`-\wr. A-� ��,BQ �l.e ` tLOV\, ``V\C' S�Or w�lJ �'et- CUrreOA-� C)cetA_r` o ndow oke Soutns, i :�or ol�e� v.a Fives �o E�ese cl s t ostea- Stor .w��ije�rj- j• � eVAe Q p e; !aVr$astc�Ul.eTe �T1e1s?61e. recoW..t.Q+.c�a�;onS Reaow.rnet\aa-�;or\S _-or" olo ` g�-` o r\ revl c t o,.a�- p7�.J-O_..-GeS Soua ua\'�-y o-f- tul.a` •,s ci;scl. v i.nclu e. low .tc��evsi�y c�e.1¢�optne�T (L,�.fJ, ;v. osc4;r,e..nt.e r e<ow�mQnCla'%:OnS� Qx0.w\ifl� al\� xls%l cnev\ er quco� i da4o_ (an� �;\� i� QogS�Cui�F� P Y�2CeSSLty/, �r Lseoun,N+e�c9. btsea ry\e�'i- scenarios �wtiacF+-2 6-Pp'�Dp1r��a`ie, son and address to whom contract should be mailed: $e'1=6\ 1 wu1e5S Tncur U\ay.cer� Tow r\ }Jogs ea ,V U $ox I aAs e , KC CQ71"-1)899 Budget Totals FCash Match Total Project Cost (from page 2) amomtt: $ 30�00�0 4 d amomtt: $Cr'O O $ 6 b C) o Requested grant: $30,OOb $L: 0/2005 B. Subcontract Costs *** C. D. Travel E. T. Other Costs :e BUDGET SUMMARY TOTAL BUDGET $ 30.0O n-Kiud d0 O 1600 DO �bk� 56 o / ED Authorized Signature Title: wl1, Title: Z Note: Match must be at least 50% of total non -cash match. project cost Local employees may be listed as either cash or 9/2005 Note: Subcontracts must be approved by the local DCM District Planner DCM PLANNING AND MANAGEMENT - Coastal Stormwater/NPS GRANT PROGRAM CONTRACT ATTACHMENT "A" Local Government Sponsor: roW� p� �0 5 ReJ Project: 5b r, ,,,>cA p r- Grant: $ 3010fJD Local Cash Match: $ 3r,, t100 � Total:$�G,.pt�f� Describe accurately and in measurable terms the anticipated activities to be performed during each quarter. Indicate the percentage of the total work to be done each quarter and the amounts of grant funds to be spent verses local cash match. Note this form only illustrates grant and local cash totals. Non -cash match is not illustrated or represented on this attachment. ACTIVITIES TO BE % of total work to be completed 34__ R % Ko-rd, at>o6 Grant funds to be spent $ 3,,C) Local funds to be spent % of total work to be completed 33.3 % 41"A-Tune c101� Grant funds to be spent S 0p Local funds to be spent ,000 OX) of total work to be completed 31. % u\y` Sep`, aop� Grant funds to be spent $ 1o,po 0 Local funds to be spent 11, 000 `Yo of total work to be completed Grant funds to be Local funds to be EACH QUARTER Pro�ec� CoMw.ev.C•¢Mpv�� S•i,�:t�l pub\;c ',np�'E" rr�e�e.'C'� , ©S��e•o..nce Co���,r �ocal;�-:e5, revi@(� S%gypenc;es Cad �',�', o,��� Quin\; c � n tj- m ee+ I N 4 _S &t-e.T T P(�or'i' &AA a_(( nd o c L3 m e k+j U��o�e tD`F" �'pa-r�p-�- o't �Dma��SS�onPrS �TQgaraT;�� O� apartment of Public Works Administration Maintenance Garage Public Facilities Maintenance Sanitation Water Distribution Water Operations Town of Nags Head Post Office Box 99 Nags Head, North Carolina 27959 Telephone 252-441-1122 Fax 252-441-3350 www.townofnagshead.net To: Charlan Owens, NC Division of Coastal anagemen W1� From: Dave Clark, P.E., Public Works Director Date: November 16, 2005 Re: Nags Head StormwaterManagement Plan Update Grant Request Dave Clark, P.E. Public Works Director Ralph Barile Deputy Public Works Director '� jr,))` r-j p Nov 1 8 ZG, CO6L 'ANgcE,ytENT I'm sorry I was not able to "connect" with you this past week, but when I returned to the office this afternoon (after three meetings outside the office) you had already left for the CRC meeting. The one question that I didn't feel appropriate to answer within the body of the Grant Application itself was the one about the Outer Banks Hydrology Group's recommendations and plan of action. The OBX Hydrology Group consists of a representative from Dare County, Currituck County, and each of the Town's in Dare County. I served as Nags Head's representative on that task force that met from September 2004 to January 2005 before issuing our draft final report. Their identification and mapping of problem areas throughout the Dare/Currituck Outer banks is totally dependent on input from each of the local government's representatives. Some large scale maps were prepared, using Lidar data to display possible means (directions) for stormwater accumulation attenuation. I am not aware of any plans by the OBX Hydro Group to actually solve any of these problems. They currently have no funding mechanism to do so. The Town of Nags Head will be solely responsible for implementing solutions to stormwater problems within our borders and we are looking to this proposed study to help us accomplish that goal. As the Town's Septic Health Initiative program, and numerous environmental awards, gives testimony to, Nags Head places a high priority on preventing degradation, and improving the quality, of the natural environment. 0/2005 Division of Coastal Management Coastal NPS/Local Planning and Management Grant Program PLANNER -IN -CHARGE DESIGNATION The North Carolina Division of Coastal Management (DCM) awards planning and management grants to local governments with the expectation of successful completion of the project. The Division places great importance on the quality of assistance offered to local planning and governing boards by the Planner -in - Charge (PIC), be that person a local government employee or a consultant. Minimum criteria have been established to ensure that each local government has competent professional services available for each project undertaken. Although all Planner -in -Charge designations are considered on a project -by -project basis, each person designated as Planner -in -Charge must normally meet the following minimum general criteria: A. Direct experience in completing a project of the type proposed. For example, if the product is a land use plan, the Planner -in -Charge must demonstrate past experience and competence in working with local governments on in-depth policy formulation, consensus building and in preparing a land use plan; and B. A masters degree in the field of work proposed and two (2) years of progressive planning experience; or an undergraduate degree in the field of work proposed and four (4) years of progressive planning experience; or an equivalent combination of training and experience, such as that recognized by the American Institute of Certified Planners (AICP). For example, if the product is a land use plan, the Planner -in -Charge should have a degree in planning, public administration or field, which incorporates planning and policy formation and work experience in land, use planning or otherwise meet the AICP standards for planner certification. For storm water related projects engineering project management qualifications may be considered. In addition to the more traditional requirements of academic training and related work experience, the Division considers the following in reviewing and approving subcontractors for planning and management projects: A. Past work history which demonstrates the ability of the subcontractor to deliver the expected Planning document on time and as outlined in Attachment A of the contract; B. The present workload of the proposed subcontractor, including work other than projects funded by the Division of Coastal Management; and C. If the project requires the provision of GIS services, the subcontractor must either show that he/she has sufficient GIS capability or must provide an explanation of how the needed GIS capability will be provided. The person designated Planner -in -Charge must be the primary responsible agent of all projects for which he/she is designated. As a general rule, each PIC should be responsible for no more than four (4) planning and management projects funded by DCM. Exceptions may be made on a case -by -case examination of the complexity of the projects involved and the past work history of the proposed Planner -in -Charge. A resume showing education and detailed work experience of the proposed Planner -in -Charge must be submitted for each proposed project. In accordance with Condition #9 in the grant contract, PIC designation is approved solely at the discretion of the Division of Coastal Management and must occur before the local government executes any subcontract. Planning and Development Department Town of Nags Head Post Office Box 99 Nags Head, North Carolina 27959 www.townofnagshead.net November 2, 2005 Ms. Charlan Owens Division of Coastal Management 1367 US 17 South Elizabeth City, NC 27909 Dear Charlan; a SIL C �ED NOV - 4 2005 COASTAL MANAGEMENT ELIZABETH CITY Telephone 252-441-7016 FAX 252-441-4290 Please find attached two final applications for the N.0 Division of Coastal Management Coastal Stormwater/NPS Grant Program to update our Stormwater Management Plan. Our elected Board has made a strong commitment to addressing stormwater in Nags Head and has allocated up to $70,000 in Town funds for this project. I have also included a copy of the Town's RFP soliciting firms to perform this work. Should you nee additional information, please fee free to contact me. mce y, Bruce M. Bortz, AICP A�L Deputy Planning Director N. C. DIVISION OF COASTAL MANAGEMENT . �ogra � Local Planning and Management - (Coastal Stormwater/NPS Grant P GRANT APPLICATION Calendar Year 2006 NOV - 4 2005 COASTAL. MANAGEMENT a separate application for each proje&JZAeL-J ti CITY Local Government: Tom w CA- Ndu S IMP aJ Project Title: 0y&oke J 5k%vtn, ' v,,- �o+�eeMee,+ Principal Responsible Person: p�avQ Address:�S Reec� \uko. C 1�ork5 boa 9g. Nom s Iie�c�, �AC. <A115,1-0099 Phone & e-mail address: cl Federal ID NO.: F .xn DCM USE Type of Project: k Rankin : 4 A gi�Q Authorized Signature: — Title: % =v ^7' (Please use additional pages as necessary to give complete responses.) (� ' Brief description of project: T1�2 )�ou>n has )oeq ue, 4-(c_ Pro<psS of upola `tuna Si=mw (rMvAaer`� r ees 1�9s:� a&-oty &AZa.cteGurDeV\}ly out ar Aq �es�onse . as (Include the water guality issues beina ad water bodies being impacted): denl;inq ib+er Lox+goi— ru Pr\ daa�- �� �$ So�ur, hieidd�L St 0.o4 ar\�; e 6ceah, Expected products) of project and how the projects success will be measured: Recow.me-�.�a3c-Oe�S �or ot�;✓.a�cQ �eu�s on/P�op�;m ro�olP+. e S,� , ..bQ�e�op v for �.c�aE er C�1yer �orQ Ocun'S da-1��bse, u� 0/-1�-Q/1 euelo^&.r4-%Q -� c4-bt he,, tlP Y\wvy Cre&' l p t �/ e`J�orw\cv&+,eI- ,v Budget Totals (from page 2) Requested grant: $ 30� C)(D Local Match Cash amount - In -Kind amount: TOTAL: Sett. Lta Loss,Touon MmH ems, $ '40.bc) O $ 10' oDo $ O DO O Project Cost $ 11C), 00 0 X7 IC 111"MINUO1u/\.�•1 Grant Local Match Cash** In -Kind A. Salaries (List Personnel) u \;c- Wof <s Uercc dr AMO Vc uk �'Lo c pr Zo00 \ate rQc or Z. 000 IZA Total Salaries �D O B. Subcontract Costs *** 30 1 00 O O OD 0 Total Subcontract Costs zo 0D 0 '*O bO ., i AQ .._-- D. Travel o r SV V QA , E. F. Other (List) TOTAL BUDGET/ $ /30 00 O $ '100000 1 $ 1 O Authorized Signature: 1� :�a� Title: /f-✓ /fir ��; n— , ** Note: Match must beat least 50% of total project cost. Local employees may be listed as either cash or non -cash match. *** Note: Subcontracts and Planner In Charge (PIC) or Project Manager must be approved by the local DCMDistrict Planner prior to local approval of subcontracts. DCM PLANNING AND MANAGEMENT— Coastal Stormwater/NPS GRANT PROGRAM CONTRACT ATTACHMENT "A" Local Government Sponsor: Project: Local Cash Match: $ RO1 O C O Total: $ Grant: $ 30l 0 0 0 Describe accurately and in measurable terms the anticipated activities to be performed during each quarter. Indicate the percentage of the total work to be done each quarter and the amounts of grant funds to be spent verses local cash match. Note this form only illustrates grant and local cash totals. Non -cash match is not illustrated or represented on this attachment. ACTIVITIES TO BE COMPLETED EACH QUARTER % of total work t:becompleted Yro�ecT COw. Q K C Q wl 2 K/Cocnso�'�ve,`E- w.QeGrant funds to bD��� I CAk, V\av�ce Q $ 1p D O O I Local funds to be spent ��,� t�� Qub� Ane e`t ` lk $ 36,00o of total work to be completed 3b % A00(0 Grant funds to be spent $ \ LO boo ocal unds to be spent D,000 % of total work to be completes a1 % qu\y — SeF�. 2006 Grant funds to be spent $ k0 boo Local funds to be spent S 20.000 of total work to be Grant funds to be Local funds to be $ �0')C-0- 3 �� Lkcw_ctl 1 f JAc- w.QQ`C;�$ Prtress W Q4tvZ %a5 W% Dv\ 0`( n��S L/r�yQr �repasa� a� D`C tkTa`�`} (1a—epor� 0.�� &�Ssoc,&++PJZ-0Me4t'1 1Qre0,\ aco E;esoi~fi N. C. DIVISION OF COASTAL MANAGEMENT Local Planning and Management - (Coastal Stormwater/NPS Grant Program)" GRANT APPLICATION Calendar Year2006 NOV -42005 COASTAL MANAGEMEN e complete a separate application for each project.) ELILABLihi CITY Local Government: Tom, 0-� Ndms Revs Project Title: Uocia�e o� S�orw.,tyina %�or`e��en�eot'� Principal Responsible Person: p�ag� '�11ork Address:. S " Read \ ub� C 1No�k S �ep0.= ..ek4 Phone & e-mail address: Federal ID No.: DCM USE ONLY Type of Project: Ranking: Authorized Signature: Title: (Please use additional pages as necessary to give complete responses.) n ' Brief description of project: -rkQ ' 'o u9n has tour uk+ +t c Proc psS up ; ,� k-\r,a StoTrrw +er Mmv\a�ewE�.� �kar` Vr�&Sf rev ses Ir. 1�995-. Pn RF� (,covy o�Er,cGec� %S ���pe�+ly but -For e1\4 r,eer"r\\4 response . List project objectives & Intended Outcomes (include the water quality issues being addressed and the water bodies being impacted): Z) J 4 o U ( p'`lnff.v� �O ViC`� cln�,LTDrJh JJiV� dEa1�V�q SLOT LoaT6r Cc�r Pr\ � -Eo �(• oo r oKe St)ue\ a,n�- A�lnr. e �C_4P E xpected product(s) of project and how the projects success will be measured: iZecor.rnent�a� o,�s `�or or�;,na�c� ��o`rrot5otebN;r. docao��. r,e�oaiSt�e�Se�Qorp %Sr� J`u'�rco�r�.cr�e%a�seiron /Cgy/nepr 0�AI ;Ae&/o 'y or re os>eA-e/deolop &x4_,u�s�orwr��FeyP 6A� [NT140ArJ �\ew\y CSe4cC41 ,�a'-er- C ,L,�y. cc iow� e Budget Totals (front page 2) Requested grant: $ 30� 00 Local Match Cash amount: In -Kind amount: TOTAL: .SeH^ L_aw�OSS�TOta�n %'�QiHligeri $ t 40.00 0 $ IL) ODo $ bo, DO 0 Total Project Cost BUDGET SUMMARY Grant Local Match Cash** In -Kind A. Salaries (List Personnel) u \iC \mOt <s ".roc W A 00 pn Olt- ! iQ " G D r' Z 0 0 0 \aa � ;rQc os' 2 000 Total Salaries �0 B. Subcontract Costs *** 30 a0 0 "4O 00 0 Total Subcontract Costs 30 00 0 '�O 00 0 C. supplies D. Travel D. Travel C r. w a s I S 0 O E. F. Other (List) TOTAL BUDGET $ 30.1000 1 $ '40 O $ 10 O Authorized Signature: T_,�- Title:r— ** , Note. Match must beat least 50% of total project cost. Local employees may be listed as either cash or non -cash match. *** Note: Subcontracts and Planner In Charge (PIC) or Project Manager must be approved by the local DCMDistrict Planner prior to local approval of subcontracts. DCM PLANNING AND MANAGEMENT- Coastal Stormwater/NPS GRANT PROGRAM CONTRACT ATTACHMENT "A" Local Government Sponsor: Project: Grant: $ 30,00 O Local Cash Match: $ RD1 0D (9 Total: $ Describe accurately and in measurable quarter. Indicate percentage the percenge oftterms anticipated activities hework rk to be done each quarter and the amounts of grant funds to be spent verses local cash match. Note this form only illustrates grant and local cash totals. Non -cash match is not illustrated or represented on this attachment. MPLETEn EACH QUARTER AC17v111LS TO BE CO % of total work to be completed 3 (0.4 ft °r° �co'ec� cow.�.etic�¢K+ � fah.— ��6rct" 200 StmF� lCons�l� c��`F w.Qe� S Grant funds to be spent Db: -D_ I CAa, V\d_KCQ 2v,Q $ lO 600 iT: a,( Q u b� a A\e Local funds to be spent $ 30,000 % of total work to be completed 3�'rE % A00 ruse Lot s�-a Grant funds to be spent G C `_�� S)to_ ,e (Le J weer v` 5 Ct9 T $ \0 300 Local unds to be spent $30000 CZU 5 L&v er- % of total work to be completed a� qu\ 'is d r`� OJ 0-95 oC Grant funds to be spent $ 10 000 Local funds to be spent $ 20,000 % of total work to be completed Grant funds to be spent Local funds to be spent $ �'POWN O � Robert REQUEST FOR PROPOSALS (RFP) FOR ENGINEERING SERVICES Update of Stormwater Management Plan Town of Nags Head, North Carolina October 24, 2005 I.Overview and Purpose The Town of Nags Head is seeking proposals from qualified engineering firms interested in providing the design services required to update the Town's Stormwater Management Plan. The update will provide the Town with an analysis of the existing stormwater management policies, ordinances and infrastructure as well as identification of high priority areas for stormwater drainage system improvements and options for those improvements. The goal of the Town is to establish appropriate stormwater management practices to provide flood relief while also maintaining/enhancing the existing water quality. II. Scope of Services Completion of the Master Plan shall include the following services: Review all available information pertaining to the Plan, including, but not limited to: previous drainage studies, associated master drainage plans, flood event documentation, existing maps, proposed development, proposed infrastructure improvements associated with the area, etc. Meet with Town staff, other agencies, and citizens to collect additional related information. Identify and delineate the boundaries of the drainage basins that contribute stormwater runoff within the Town as well as major drainage features and drainage infrastructure within each basin (some surveying will be required). Identify the point(s) of discharge for each drainage basin. Prepare GIS-based datasets of the aforementioned items and map these items using the Town's GIS base map. GIS datasets shall include any attribute information (to be agreed upon between the Town and the consultant) that is necessary and useful for the completion of tasks included in this scope of services. The map(s) created under this task will be provided to the Town in electronic format compatible with our GIS data format (ESRI shapefile/coverage/personal geodatabase). Analyze the existing storm drainage systems for all storms including the 2-yr, 5-yr, 10-yr, 25-yr, and 100-yr-24 hour rainfall events and provide a summary of the results. Develop list of prioritized areas for drainage improvements, and evaluate potential solutions to a feasibility level. Assess the water quality benefits for each proposed alternatives. Feasibility level cost estimates shall also be provided for each alternative. Town of Nags Head Stormwater Management Plan Update Request for Proposals October 24, 2005 Page 2 Identify all permits and agreements that the Town will need to obtain for each alternative solution prior to starting any construction, which may include: applicable environmental permits, DOT permits, and/or encroachment agreements. Review existing Town stormwater, and stormwater related (development) policies and ordinances and recommend alterations/improvements. Evaluate the Town's use of ocean, and sound (estuarine) stormwater outfalls. Identify each as to ownership and maintenance responsibilities. For each non -NC DOT outfall, identify the associated environmental issues, potential water quality enhancements, and possible stormwater management alternatives. [Note: A detailed study of the five (5) NC DOT owned, and maintained, ocean outfalls in Nags Head is currently underway. This study/plan is not intended to overlap with that study/plan.] The Town is not required to establish a Phase II Stormwater Program, but wishes to see guidance in establishing the elements of such a program included in the final report. Make periodic presentations of progress and/or proposed improvements to Town Council, or other groups as deemed necessary during the process. Submit a Draft and Final Stormwater Master Plan to the Town of Nags Head outlining all tasks listed above. Available Data to Be Provided By the Town Includes But Is Not Limited to the Following: 2002 Aerial Photography 2000 Land and Water Use Plan 1995 Stormwater Management Plan 1980 Town of Nags Head Surface Drainage Plan Daily Rainfall Data (1985 — Present) Water Quality Data (2001 — Present) August 1995 Map — Town of Nags Head Drainage Basins III. Deliverables Draft Stormwater Master Plan Report Final Stormwater Master Plan Report IV. Schedule for Consultant Selection The tentative schedule for selecting a consultant and completing the master plan is outlined below. The actual schedules may vary. October 24, 2005 Request for Proposals (RFP) issued November 22, 2005 RFP's submitted November 28 — Proposal evaluation, discussion, proposer interviews December 23 January 4, 2006 Recommendation of consultant to Board of Commissioners January 11, 2006 Contract execution January 18, 2006 Project commencement September 18, 2006 Submission of Draft Stormwater ManaoementP/an with all associated documents, as outlined in Section II, above Town of Nags Head Stormwater Management Plan Update Request for Proposals October 24, 2005 Page 3 V. Consultant Selection Criteria Criteria for the selection of the consultant will include, but not be limited to the following: • Quality of response to the RFP and subsequent interview, if short-listed. • Applicable experience of consultant and design team. • Approach chosen to accomplish this project. • Consultant's demonstration of having the ability to complete similar projects on time and within budget. (Consultant shall explain any concerns with the schedule or general scope of work associated with this project). • Demonstrating the ability to develop effective, real life solutions for challenging and sometimes highly publicized problems. • Demonstrating the ability to produce design solutions that will serve as "integral building blocks" for future town wide drainage improvements. A selection committee may interview short-listed firms, VI. Supervision of Consultant(s) The consultant(s) will be under the supervision of the Director of Public Works or his designee. Any questions relating to these projects shall be directed to this person. VII. Contractual Arrangements A standard form, Town of Nags Head contract for services (copy attached) will be entered into to cover the work under this RFP. VIII. Equal Employment Opportunity See Section 8 of the attached standard form contract document. IX. Contracting Any contract developed for work will be in accordance with the laws of the State of North Carolina. (See section 9 of the attached sample contract.) X. Submission of Proposal Proposals shall be signed by the person or member of the firm making the proposal, and in the case of a corporation, by an authorized officer or agent subscribing the name of the Corporation and his or her own name. The Proposer shall provide the following information regarding their desire and ability to perform the work. The entire proposal is limited to 30 pages (or 15 pages double -sided) excluding appendices. Town of Nags Head Stormwater Management Plan Update Request for Proposals October 24, 2005 Page 4 A. Title Page Firm's name, address and telephone number, email address and facsimile number (of the engineering firm's principal office completing the work) and date of proposal. B. Table of Contents C. Letter of Transmittal A statement of understanding of the scope of work required and a commitment to perform these services shall be made. The letter should include the principal firm's contact representative and the name of the engagement partner, if different from the contact representative. D. Profile of the Firm 1, Submit evidence that the firm is a legal and licensed entity in the State of North Carolina and has performed continuous engineering services for a minimum of five (5) years. 2. Identify the principal supervisory and management staff, including partners, managers, other supervisors and specialists, who would be assigned to the engagement. Indicate whether each person is licensed to practice as a certified public engineer in the State of North Carolina. Provide information on the civil engineering experience of each person, including specific engagements and information on relevant projects of similar scope and complexity. 3. Describe your local office's experience in performing work similar to that required by the scope of work contained in the RFP. List those projects of similar scope and complexity completed within the last five years. Give a brief description to include: a. Client (contact person, address and telephone number) b. Dates project initiated and completed c. Nature of work involved in each project d. Degree of implementation accomplished 5. Description of insurance coverage maintained by the firm. Copy of declarations page from current policies for each of the following types of insurance must be attached: a. Worker's Compensation b. General Commercial Liability c. Professional Liability, Malpractice and Errors and Omission. E. Work Approach The proposal should set forth a written work plan, including an explanation of the methodology to be followed, to perform the services required in Part II of this RFP. Town of Nags Head Stormwater Management Plan Update Request for Proposals October 24, 2005 Page S F. Project Schedule Include a one -page schedule for completion of your project work plan, project updates, public meetings, and delivery of the draft and final work product. Include the proposed start and end dates and intermediate dates. G. Additional Data Additional information that the accounting firm deems appropriate to assist in evaluating the proposal should be submitted. Costs for developing a response to the RFP and costs attributed to the interviews are at the consultant's own expense and will not be eligible for reimbursement. Fee negotiations will be initiated with the firm(s) found to be most qualified for this work by the selection committee. As part of negotiations, the selected firm(s) will be expected to develop a detailed Scope of Work for the plan. The Town reserves the right to accept the proposal that best fits the Scope of Services as defined by the Town of Nags Head and is deemed to be in the best interest of the Town; or the Town can reject all proposals. Ten (10) copies of all proposals must be received no later than 5:00 p.m., EST on November 22, 2005 by the Town Clerk, Nags Head Town Hall, 5401 South Croatan Highway, Nags Head, NC 27959 (mailing address, P. O. Box 99, Nags Head, NC 27959-0099). The responsibility for getting the request for proposal to the Town on or before the specified time and date is solely and strictly the responsibility of the Proposer. The Town will in no way be responsible for delays caused by any other occurrence. Offers by telephone, telegram or fax will not be accepted. The receipt time will be scrupulously observed. Under no circumstances will proposals delivered after the time specified be considered. Such proposals will be returned unopened. The Town will not be responsible for any expenses incurred by a firm in preparing and submitting proposals. All parties shall provide a straight forward, delineation of your capabilities to satisfy the requirements of this request. Emphasis should be on completeness and clarity of content. The qualifier is prohibited from assigning, transferring, conveying, subletting, or otherwise disposing of this agreement or its rights, title of interest therein or its power to execute such agreement to any other person, company or corporation without the previous consent and approval in writing by the Town. The Town shall not be responsible for oral interpretations given by any Town issuance. . A written addendum is the only official method whereby interpretation, clarification or additional information can be given. If any addendum are issued to this request for proposal, the Town will attempt to notify all known providers, however, it shall be the responsibility of each provider prior to submitting their proposal, to contact the Public Works Director, Nags Head Public Works Department, 2200 S. Lark Avenue, Nags Head, NC 27959, (252) 441-1122, to determine if addendum were issued and to make such addendum a part of the response. For information regarding technical matters of this request for proposal, please contact: Dave Clark, P.E., Public Works Director, Town of Nags Head, (252) 449-4201. PO W/y �� �,. Robert ay Muller Anna i Sadler Mayor y 1961 �. Commissioner IQ HEA�� R. Brantley Murray Wayne Gray Mayor Pro Tern Town of Nags Head Commissioner Post Office Box 99 Seth Lawless Nags Head, North Carolina 27959 Bob Oakes Town Manager Telephone 252-441-5508 Commissioner Fax 252-441-0776 www.townofnagshead.net REQUEST FOR PROPOSALS (RFP) FOR ENGINEERING SERVICES Update of Stormwater Management Plan Town of Nags Head, North Carolina October 24, 2005 I. Overview and Purpose The Town of Nags Head is seeking proposals from qualified engineering firms interested in providing the design services required to update the Town's Stormwater Management Plan. The update will provide the Town with an analysis of the existing stormwater management policies, ordinances and infrastructure as well as identification of high priority areas for stormwater drainage system improvements and options for those improvements. The goal of the Town is to establish appropriate stormwater management practices to provide, flood relief while also maintaining/enhancing the existing water quality. II. Scope of Services Completion of the Master Plan shall include the following services: • Review all available information pertaining to the Plan, including, but not limited to: previous drainage studies, associated master drainage plans, flood event documentation, existing maps, proposed development, proposed infrastructure improvements associated with the area, etc. • Meet with Town staff, other agencies, and citizens to collect additional related information. • Identify and delineate the boundaries of the drainage basins that contribute stormwater runoff within the Town as well as major drainage features and drainage infrastructure within each basin (some surveying will be required). Identify the point(s) of discharge for each drainage basin. Prepare GIS-based datasets of the aforementioned items and map these items using the Town's GIS base map. GIS datasets shall include any attribute information (to be agreed upon between the Town and the consultant) that is necessary and useful for the completion of tasks included in this scope of services. The map(s) created under this task will be provided to the Town in electronic format compatible with our GIS data format (ESRI shapeflle/coverage/personal geodatabase). • Analyze the existing storm drainage systems for all storms including the 2-yr, 5-yr, 10-yr, 25-yr, and 100-yr-24 hour rainfall events and provide a summary of the results. • Develop list of prioritized areas for drainage improvements, and evaluate potential solutions to a feasibility level. Assess the water quality benefits for each proposed alternatives. Feasibility level cost estimates shall also be provided for each alternative. Town of Nags Head Stormwater Management Plan Update Request for Proposals October 24, 2005 Page 2 Identify all permits and agreements that the Town will need to obtain for each alternative solution prior to starting any construction, which may include: applicable environmental permits, DOT permits, and/or encroachment agreements. Review existing Town stormwater, and stormwater related (development) policies and ordinances and recommend alterations/improvements. Evaluate the Town's use of ocean, and sound (estuarine) stormwater outfalls. Identify each as to ownership and maintenance responsibilities. For each non -NC DOT outfall, identify the associated environmental issues, potential water quality enhancements, and possible stormwater management alternatives. [Note: A detailed study of the five (5) NC DOT owned, and maintained, ocean outfalls in Nags Head is currently underway. This study/plan is not intended to overlap with that study/plan.] The Town is not required to establish a Phase II Stormwater Program, but wishes to see guidance in establishing the elements of such a program included in the final report. Make periodic presentations of progress and/or proposed improvements to Town Council, or other groups as deemed necessary during the process. Submit a Draft and Final Stormwater Master Plan to the Town of Nags Head outlining all tasks listed above. Available Data to Be Provided By the Town Includes But Is Not Limited to the Following: 2002 Aerial Photography 2000 Land and Water Use Plan 1995 Stormwater Management Plan 1980 Town of Nags Head Surface Drainage Plan Daily Rainfall Data (1985 — Present) Water Quality Data (2001— Present) August 1995 Map — Town of Nags Head Drainage Basins III. Deliverables • Draft Stormwater Master Plan Report • Final Stormwater Master Plan Report IV. Schedule for Consultant Selection The tentative schedule for selecting a consultant and completing the master plan is outlined below. The actual schedules may vary. October 24, 2005 Request for Proposals (RFP) issued November 22, 2005 RFP's submitted November 28 — Proposal evaluation, discussion, proposer interviews December 23 January 4, 2006 Recommendation of consultant to Board of Commissioners January 11, 2006 Contract execution January 18, 2006 Project commencement September 18, 2006 Submission of Draft StormwaterManaoementP/an with all associated documents, as outlined in Section II, above Town of Nags Head Stormwater Management Plan Update Request for Proposals October 24, 2005 Page 3 V. Consultant Selection Criteria Criteria for the selection of the consultant will include, but not be limited to the following: • Quality of response to the RFP and subsequent interview, if short-listed. • Applicable experience of consultant and design team. • Approach chosen to accomplish this project. • Consultant's demonstration of having the ability to complete similar projects on time and within budget. (Consultant shall explain any concerns with the schedule or general scope of work associated with this project). • Demonstrating the ability to develop effective, real life solutions for challenging and sometimes highly publicized problems. • Demonstrating the ability to produce design solutions that will serve as "integral building blocks" for future town wide drainage improvements. A selection committee may interview short-listed firms. VI. Supervision of Consultant(s) The consultant(s) will be under the supervision of the Director of Public Works or his designee. Any questions relating to these projects shall be directed to this person. VII. Contractual Arrangements A standard form, Town of Nags Head contract for services (copy attached) will be entered into to cover the work under this RFP. VIII. Equal Employment Opportunity See Section 8 of the attached standard form contract document. IX. Contracting Any contract developed for work will be in accordance with the laws of the State of North Carolina. (See section 9 of the attached sample contract.) X. Submission of Proposal Proposals shall be signed by the person or member of the firm making the proposal, and in the case of a corporation, by an authorized officer or agent subscribing the name of the Corporation and his or her own name. The Proposer shall provide the following information regarding their desire and ability to perform the work. The entire proposal is limited to 30 pages (or 15 pages double -sided) excluding appendices. Town of Nags Head Stormwater Management Plan Update Request for Proposals October 24, 2005 Page 4 A. Title Page Firm's name, address and telephone number, email address and facsimile number (of the engineering firm's principal office completing the work) and date of proposal. B. Table of Contents C. Letter of Transmittal A statement of understanding of the scope of work required and a commitment to perform these services shall be made. The letter should include the principal firm's contact representative and the name of the engagement partner, if different from the contact representative. D. Profile of the Firm 1. Submit evidence that the firm is a legal and licensed entity in the State of North Carolina and has performed continuous engineering services for a minimum of five (5) years. 2. Identify the principal supervisory and management staff, including partners, managers, other supervisors and specialists, who would be assigned to the engagement. Indicate whether each person is licensed to practice as a certified public engineer in the State of North Carolina. Provide information on the civil engineering experience of each person, including specific engagements and information on relevant projects of similar scope and complexity. 3, Describe your local office's experience in performing work similar to that required by the scope of work contained in the RFP. List those projects of similar scope and complexity completed within the last five years. Give a brief description to include: a. Client (contact person, address and telephone number) b. Dates project initiated and completed c. Nature of work involved in each project d. Degree of implementation accomplished 5. Description of insurance coverage maintained by the firm. Copy of declarations page from current policies for each of the following types of insurance must be attached: a. Worker's Compensation b. General Commercial Liability c. Professional Liability, Malpractice and Errors and Omission. E. Work Approach The proposal should set forth a written work plan, including an explanation of the methodology to be followed, to perform the services required in Part II of this RFP. Town of Nags Head Stormwater Management Plan Update Request for Proposals October 24, 2005 Page 5 F. Project Schedule Include a one -page schedule for completion of your project work plan, project updates, public meetings, and delivery of the draft and final work product. Include the proposed start and end dates and intermediate dates. G. Additional Data Additional information that the accounting firm deems appropriate to assist in evaluating the proposal should be submitted. Costs for developing a response to the RFP and costs attributed to the interviews are at the consultant's own expense and will not be eligible for reimbursement. Fee negotiations will be initiated with the firm(s) found to be most qualified for this work by the selection committee. As part of negotiations, the selected firm(s) will be expected to develop a detailed Scope of Work for the plan. The Town reserves the right to accept the proposal that best fits the Scope of Services as defined by the Town of Nags Head and is deemed to be in the best interest of the Town; or the Town can reject all proposals. Ten (10) copies of all proposals must be received no later than 5:00 p.m., EST on November 22, 2005 by the Town Clerk, Nags Head Town Hall, 5401 South Croatan Highway, Nags Head, NC 27959 (mailing address, P. 0. Box 99, Nags Head, NC 27959-0099). The responsibility for getting the request for proposal to the Town on or before the specified time and date is solely and strictly the responsibility of the Proposer. The Town will in no way be responsible for delays caused by any other occurrence. Offers by telephone, telegram or fax will not be accepted. The receipt time will be scrupulously observed. Under no circumstances will proposals delivered after the time specified be considered. Such proposals will be returned unopened. The Town will not be responsible for any expenses incurred by a firm in preparing and submitting proposals. All parties shall provide a straight forward, delineation of your capabilities to satisfy the requirements of this request. Emphasis should be on completeness and clarity of content. The qualifier is prohibited from assigning, transferring, conveying, subletting, or otherwise disposing of this agreement or its rights, title of interest therein or its power to execute such agreement to any other person, company or corporation without the previous consent and approval in writing by the Town. The Town shall not be responsible for oral interpretations given by any Town issuance. . A written addendum is the only official method whereby interpretation, clarification or additional information can be given. If any addendum are issued to this request for proposal, the Town will attempt to notify all known providers, however, it shall be the responsibility of each provider prior to submitting their proposal, to contact the Public Works Director, Nags Head Public Works Department, 2200 S. Lark Avenue, Nags Head, NC 27959, (252) 441-1122, to determine if addendum were issued and to make such addendum a part of the response. For information regarding technical matters of this request for proposal, please contact: Dave Clark, P.E., Public Works Director, Town of Nags Head, (252) 449-4201. Town of Nags Head Planning Department Post Office Box 99 Nags Head, NC 27959 Fax Cover Sheet DATE: Nov 3, 2005 TO: Charlan Owens AICP PHONE: FAX: Z-T Z 26 Y - 3 / 23 FROM: Bruce M. Bortz, AICP PHONE: 252-449-6040 Deputy Director PLANNING AND DEVELOPMENT FAX: 252-441-4290 Number of pages including cover sheet 4 RE: Grant Application: Stormwater I mailed the originals on Tuesday. I had also given Lynn the unsigned copies and backup RFP. In the event you have not received them yet, attached is the signed grant application form. If ok with you, our RFP is attached for supporting backup. Thanks I'd 06Zb IbbZSZT peaH 52eN 3o umol N. C. DIVISION OF COASTAL MANAGEMENT Local Planning and Management -(Coastal Stormwater/NPS Grant Program) GRANT APPLICATION Calendar Year 2006 a separate application for each Local Government: `r .t� Project Title: 0?&A�e J Sk-ov Principal Responsible Person: U6.,J0 cja�rkI �•� • A Address: 1%u4 ?ub1;c it v-ks Depar�,.er,`F9 i)-�,9g_ �am5RemcS. I�IC �l459—Mc>49 Phone & e-mail address: Federal ID DCM USE ONLY Type of Project: Ranking: Authorized Signature: Title: % 0,>� (Please use additional pages as necessary to give complete responses.) Brief description of project: Ti,Q 7�o wn inns beiue, �! t.Q Peoe pSS ups ; �(cVo`pQy So toTme��} er M�Na�la oGw /`asf ae�isecQ 1. 159s �,. Pe- C_u VrOA�ky out 44r 09 reSPoAse, _naam uVU1tl.7 UCIl�4 uuPGGltl u/: �tt eue�op w Mo J' Cr- n.t�a� er t:Sv.CMepwr�e0.p� deaJ;v\ 614 �e;IG. e Iuan Sr1�curio✓. � av4 Ptl(C. eP&V\ Expected products) of project and how the projects success will be measured: Racow.meVNPO:�IonS �D '�iYOCT I NcQ��� y Cse d� ebL Budget Totals (from page 2) `�or oTL-;,nQr\cQ �eu�5�on flp�:oni icQar,T`�'y or 4re/Beuelopt at wN&A-4- / C�4-or-m4-5A-4 91t•'-S Q.� OICF S �iCnQ Ipain/fl orw.cv&'�er Cash amount. Requested grant: $ 30T0 0 [� In -Kind amount: _— TOTAL: z'd 06ZbIboaseI I: Se'Ei,. LawlosS,�/vn M�Nt�er Total Project Cost $_ $ so' 000 $110! 0 $ -To' ao 0 peaH s2eN •}o umol BUDGET SUMMARY Grant Local Match Cash** In -Kind A. Salaries (List Personnel) u \iC Dior <S '.roc a q OD rA Or— 2660 u lo. ray as 2 600 To Salaries pp 0 B. Subcontract Costs *** 30 00 O 14000 O Total Subcontract Costs 30 00 O 'i0 DO C. Supplies co `n ,rips `c yr a S 5o O oas ;� rQw rs D. Travel e t V, Q.a : S 0 0 O w Sto. e �1 rs F.Other(List) TOTAL BUDGET S 30 00 O I S "40 O $ O Authorized Signature:Title: /o << ✓ / Zr�,; r—_ ** Note: Match trust beat least 50% of total project cost. Local employees may be listed as either cast: or non -cash match. *** Note: Subcontracts and Planner In Charge (PIC) or Project Manager must be approved by the local DCMDistrict Planner prior to local approval of subcontracts. E'd 06ZbibbZSZT peaH S2eu JO umol DCM PLANNING AND MANAGEMENT— Coastal Stormwater/NPS GRANT PROGRAM CONTRACT ATTACHMENT "A" Local Government Sponsor: Project: Grant: $. 30) 00 0 Local Cash Match: $ Rol 00 0 Total: $ Describe accurately and in measurable terms the anticipated activities to be performed during each quarter. Indicate the percentage of the total work to be done each quarter and the amounts of grant funds to be spent verses local cash match. Note this form only illustrates grant and local cash totals. Non -cash match is not illustrated or represented on this attachment. A CTYVTTfF.c Tn RF. (nNfPT.ri.TFT) FACM nTTARTRR % of total work to be completed 3(0VW % mar,— �AarcA,, 200 Grant funds to be spent f �to�etT Cow.M.enc e K"f StcaP�lr^ons�l%f>�`E wce�: S TIN ��� vbxca. os�l; na r\ce Q ��; q Qu b� ; e A\C C�2 ti d d $ 1D oo o Local funds to be spent s 3o poo % of total work to be completed Apr,\ — UtJ&e 200� Grant funds to be spent progress ►Ia:�s 5�'a $ kU DOO Local funds to be spent s 30 00 0 % of total work to be completed 41 % Grant funds to be spent �re Para • o� o pepor+ a,�d OJ k 0-SS ec W+LP L� &C0MF4+J T Q �� A w\ Roper Local funds to be spent $ 20 0 0 0 % of total work to be completed % Grant funds to be spent s Local funds to be spent b'd 06Z4TbbzSZT peaH 52eN 30 umol 0 V r. U r u�c — A+►+ k copy o� N. C. DIVISION OF COASTAL MANAGEMENT R C2WOA WbMd Management - (Coastal Stormwater/NPS Grant Program GRANT APPLICATION Calendar Year 2006 complete a separate application for each Local Government: o-� Ndu S I \e.OS Project Title: ugbo�e O� 5`orov,4kye -po- n�ov.e��eMe�f Principal Responsible Person: �ovQ �IarkrlA.�. ��ah Address: Ncs.gSp ' Re&A \ubl"C Wbt-k's beo4i cv IS2.-4c4ct- So'4 Phone & e-mail address: ckarle_o kz uwN Federal ID No.: DCM USE ONLY Type of Project: Ranking: Authorized Signature: Title: (Please use additional pages as necessary to give complete responses.) Brief description of project: Th2 o tar, 1.as �co�ay o ncG¢G�beor .qtoPL5pn�RF-; r. �V•a 5tbTrnw fir M&&N&gQWQk$k&r\ � �&sf red;seS 1r\ 1545: ies Gu%,VtAy ouer\� r,ees n� geS�onre. List project objectives & Intended Outcomes (include the water quality issues being addressed and the water bodies being impacted): �eve�op c� w\o.s�e_r- �'arr.coa`�-ems (V�aw`�ew�ert'� \a '�o o%�e �tue Toco,\ ;r\ deol;v�q b cr-vo;#f-e\ Gte $00L i sz mu\� ua' Q-F skor coo+e� c�ri�er\tlx 60-'t sc ar edL -Eo �(^oyo�.ol�e Sour\ Uceahc•4 <4 Expected product(s) of project and how the protects success will be measured: ro� Oyer or- 'S TSB do-+«� �eg�, uea�� % cLpc aA'DAs �r`� r `�E.Q a.�A,sPlay. t\ew`y CredA-QbL �RZ)rw\cv&+,2r' (�'� �y Person and address to whom contract should be ma —V-v W n &k !,�)! 5 H Budget Totals Local Match (from page 2) Cash amount: Requested grant: $ 30 P 000 In -Kind amount: TOTAL: 6ektn Lm,,(og$17pwr\ MAN(�peJ� $ $ 10' ODo $ o DO O Total Project Cost $ ��0%00 D BUDGET SUMMARY Grant Local Match Cash** In -Kind A. Salaries (List Personnel) \;c_ Woe <s !roc or- q 000 Da Ok-y tILO Ultqdmr ZL00 \dam ;v` roc �f 2 600 Total Salaries bD O B. Subcontract Costs *** 3p p0 O 10OD O Total Subcontract Costs 30 p0 0 Ki 0 00 D. Travel u r. S4rJ4 W Q.Q F. Other (List) Authorized Signature: TOTAL BUDGET $ 301000 $ `:to 00 O $ \ D Title: ** Note: Match must beat least 50% of total project cost. Local employees may be listed as either cash or non -cash match. *** Note: Subcontracts and Planner In Charge (PIC) or Project Manager must be approved by the local DCMDistrict Planner prior to local approval of subcontracts. DCM PLANNING AND MANAGEMENT ATTACHMENT "A" ater/NPS GRANT PROGRAM CONTRA Local Government Sponsor: Project: 0 Grant: $ 3010 0 Local Cash Match: $ gOl OO Total: $ Describe accurately and in measurable terms the anticipated activities to be performed during each quarter. Indicate the percentage of the total work to be done each quarter and the amounts of grant funds to be spent verses local cash match. Note this form only illustrates grant and local cash totals. Non -cash match is not illustrated or represented on this attachment. ACTIVITIES TO BE COMPLETED EACH % of total work to be completed 3ro % Grant funds to be spent $ lO DOO Local funds to be spent it �o.000 2o0 /Coppns�,'�v�`F �t�TCI. I pSN.: V�av�cQ �n�T &J Qub�; c % of total work to be completed 3b:4 % APr',\ � �J%h�e 2006 Grant funds to be $ \O 000 Local unds to be T 30 1 000 0 of total workto be completed a TyYw% .:Tu\y — Seri. 2006 Grant funds to be spent $ I0boo Local funds to be spent $ 20, O 0 O % of total work to Grant funds to be Local funds to be III w.ce�-'. S M%P, 42 W Publ;le w.F'Q S 4�AeAcieJ 0.j� �Ssoc [s`%PD�ppc�9cuMPA4-r Robert W. Muller *HE7Q Anna D. Sadler Mayor Commissioner R. Brantley Murray Wayne Gray Mayor Pro Tern Town of Nags Head Commissioner Seth Lawless Post Office Box 99 Nags Head, North Carolina 27959 Bob Oakes Town Manager Telephone 252-441-5508 Commissioner Fax 252-441-0776 www.townofnagshead.net REQUEST FOR PROPOSALS (RFP) FOR ENGINEERING SERVICES Update of Stormwater Management Plan Town of Nags Head, North Carolina October 24, 2005 I. Overview and Purpose The Town of Nags Head is seeking proposals from qualified engineering firms interested in providing the design services required to update the Town's Stormwater Management Plan. The update will provide the Town with an analysis of the existing stormwater management policies, ordinances and infrastructure as well as identification of high priority areas for stormwater drainage system improvements and options for those improvements. The goal of the Town is to establish appropriate stormwater management practices to provide flood relief while also maintaining/enhancing the existing water quality. II. Scope of Services Completion of the Master Plan shall include the following services: Review all available information pertaining to the Plan, including, but not limited to: previous drainage studies, associated master drainage plans, flood event documentation, existing maps, proposed development, proposed infrastructure improvements associated with the area, etc. Meet with Town staff, other agencies, and citizens to collect additional related information. Identify and delineate the boundaries of the drainage basins that contribute stormwater runoff within the Town as well as major drainage features and drainage infrastructure within each basin (some surveying will be required). Identify the point(s) of discharge for each drainage basin. Prepare GIS-based datasets of the aforementioned items and map these items using the Town's GIS base map. GIS datasets shall include any attribute information (to be agreed upon between the Town and the consultant) that is necessary and useful for the completion of tasks included in this scope of services. The map(s) created under this task will be provided to the Town in electronic format compatible with our GIS data format (ESRI shapefile/coverage/personal geodatabase). Analyze the existing storm drainage systems for all storms including the 2-yr, 5-yr, 10-yr, 25-yr, and 100-yr-24 hour rainfall events and provide a summary of the results. Develop list of prioritized areas for drainage improvements, and evaluate potential solutions to a feasibility level. Assess the water quality benefits for each proposed alternatives. Feasibility level cost estimates shall also be provided for each alternative. Town of Nags Head Stormwater Management Plan Update Request for Proposals October 24, 2005 Page 2 • Identify all permits and agreements that the Town will need to obtain for each alternative solution prior to starting any construction, which may include: applicable environmental permits, DOT permits, and/or encroachment agreements. • Review existing Town stormwater, and stormwater related (development) policies and ordinances and recommend alterations/improvements. • Evaluate the Town's use of ocean, and sound (estuarine) stormwater outfalls. Identify each as to ownership and maintenance responsibilities. For each non -NC DOT outfall, identify the associated environmental issues, potential water quality enhancements, and possible stormwater management alternatives. [Note: A detailed study of the five (5) NC DOT owned, and maintained, ocean outfalls in Nags Head is currently underway. This study/plan is not intended to overlap with that study/plan.] • The Town is not required to establish a Phase II Stormwater Program, but wishes to see guidance in establishing the elements of such a program included in the final report. • Make periodic presentations of progress and/or proposed improvements to Town Council, or other groups as deemed necessary during the process. • Submit a Draft and Final Stormwater Master Plan to the Town of Nags Head outlining all tasks listed above. Available Data to Be Provided By the Town Includes But Is Not Limited to the Following: 2002 Aerial Photography 2000 Land and Water Use Plan 1995 Stormwater Management Plan 1980 Town of Nags Head Surface Drainage Plan Daily Rainfall Data (1985 — Present) Water Quality Data (2001— Present) August 1995 Map — Town of Nags Head Drainage Basins III. Deliverables • Draft Stormwater Master Plan Report • Final Stormwater Master Plan Report IV. Schedule for Consultant Selection The tentative schedule for selecting a consultant and completing the master plan is outlined below. The actual schedules may vary. October 24, 2005 Request for Proposals (RFP) issued November 22, 2005 RFP's submitted November 28 — Proposal evaluation, discussion, proposer interviews December 23 January 4, 2006 Recommendation of consultant to Board of Commissioners January 11, 2006 Contract execution January 18, 2006 Project commencement September 18, 2006 Submission of DraftStormwaterManaoementP/an with all associated documents, as outlined in Section II, above Town of Nags Head Stormwater Management Plan Update Request for Proposals October 24, 2005 Page 3 V. Consultant Selection Criteria Criteria for the selection of the consultant will include, but not be limited to the following: • Quality of response to the RFP and subsequent interview, if short-listed. • Applicable experience of consultant and design team. • Approach chosen to accomplish this project. • Consultant's demonstration of having the ability to complete similar projects on time and within budget. (Consultant shall explain any concerns with the schedule or general scope of work associated with this project). • Demonstrating the ability to develop effective, real life solutions for challenging and sometimes highly publicized problems. • Demonstrating the ability to produce design solutions that will serve as "integral building blocks" for future town wide drainage improvements. A selection committee may interview short-listed firms. VI. Supervision of Consultant(s) The consultant(s) will be under the supervision of the Director of Public Works or his designee. Any questions relating to these projects shall be directed to this person. VII. Contractual Arrangements A standard form, Town of Nags Head contract for services (copy attached) will be entered into to cover the work under this RFP. VIII. Equal Employment Opportunity See Section 8 of the attached standard form contract document. IX. Contracting Any contract developed for work will be in accordance with the laws of the State of North Carolina. (See section 9 of the attached sample contract.) X. Submission of Proposal Proposals shall be signed by the person or member of the firm making the proposal, and in the case of a corporation, by an authorized officer or agent subscribing the name of the Corporation and his or her own name. The Proposer shall provide the following information regarding their desire and ability to perform the work. The entire proposal is limited to 30 pages (or 15 pages double -sided) excluding appendices. Town of Nags Head Stormwater Management Plan Update Request for Proposals October 24, 2005 Page 4 A. Title Page Firm's name, address and telephone number, email address and facsimile number (of the engineering firm's principal office completing the work) and date of proposal. B. Table of Contents C. Letter of Transmittal A statement of understanding of the scope of work required and a commitment to perform these services shall be made. The letter should include the principal firm's contact representative and the name of the engagement partner, if different from the contact representative. D. Profile of the Firm 1. Submit evidence that the firm is a legal and licensed entity in the State of North Carolina and has performed continuous engineering services for a minimum of five (5) years. 2. Identify the principal supervisory and management staff, including partners, managers, other supervisors and specialists, who would be assigned to the engagement. Indicate whether each person is licensed to practice as a certified public engineer in the State of North Carolina. Provide information on the civil engineering experience of each person, including specific engagements and information on relevant projects of similar scope and complexity. 3. Describe your local ofFce's experience in performing work similar to that required by the scope of work contained in the RFP. List those projects of similar scope and complexity completed within the last five years. Give a brief description to include: a. Client (contact person, address and telephone number) b. Dates project initiated and completed c. Nature of work involved in each project d. Degree of implementation accomplished 5. Description of insurance coverage maintained by the firm. Copy of declarations page from current policies for each of the following types of insurance must be attached: a. Worker's Compensation b. General Commercial Liability c. Professional Liability, Malpractice and Errors and Omission. E. Work Approach The proposal should set forth a written work plan, including an explanation of the methodology to be followed, to perform the services required in Part II of this RFP. Town of Nags Head Stormwater Management Plan Update Request for Proposals October 24, 2005 Page 5 F. Project Schedule Include a one -page schedule for completion of your project work plan, project updates, public meetings, and delivery of the draft and final work product. Include the proposed start and end dates and intermediate dates. G. Additional Data Additional information that the accounting firm deems appropriate to assist in evaluating the proposal should be submitted. Costs for developing a response to the RFP and costs attributed to the interviews are at the consultant's own expense and will not be eligible for reimbursement. Fee negotiations will be initiated with the firm(s) found to be most qualified for this work by the selection committee. As part of negotiations, the selected firm(s) will be expected to develop a detailed Scope of Work for the plan. The Town reserves the right to accept the proposal that best fits the Scope of Services as defined by the Town of Nags Head and is deemed to be in the best interest of the Town; or the Town can reject all proposals. Ten (10) copies of all proposals must be received no later than 5:00 p.m., EST on November 22, 2005 by the Town Clerk, Nags Head Town Hall, 5401 South Croatan Highway, Nags Head, NC 27959 (mailing address, P. 0. Box 99, Nags Head, NC 27959-0099). The responsibility for getting the request for proposal to the Town on or before the specified time and date is solely and strictly the responsibility of the Proposer. The Town will in no way be responsible for delays caused by any other occurrence. Offers by telephone, telegram or fax will not be accepted. The receipt time will be scrupulously observed. Under no circumstances will proposals delivered after the time specified be considered. Such proposals will be returned unopened. The Town will not be responsible for any expenses incurred by a firm in preparing and submitting proposals. All parties shall provide a straight forward, delineation of your capabilities to satisfy the requirements of this request. Emphasis should be on completeness and clarity of content. The qualifier is prohibited from assigning, transferring, conveying, subletting, or otherwise disposing of this agreement or its rights, title of interest therein or its power to execute such agreement to any other person, company or corporation without the previous consent and approval in writing by the Town. The Town shall not be responsible for oral interpretations given by any Town issuance. . A written addendum is the only official method whereby interpretation, clarification or additional information can be given. If any addendum are issued to this request for proposal, the Town will attempt to notify all known providers, however, it shall be the responsibility of each provider prior to submitting their proposal, to contact the Public Works Director, Nags Head Public Works Department, 2200 S. Lark Avenue, Nags Head, NC 27959, (252) 441-1122, to determine if addendum were issued and to make such addendum a part of the response. For information regarding technical matters of this request for proposal, please contact: Dave Clark, P.E., Public Works Director, Town of Nags Head, (252) 449-4201.