HomeMy WebLinkAboutEarth Tech 12/2/2004
CITY HALL
215 Church Avenue
P.O. Box 1130
Oshkosh, Wisconsin
54903-1130
City of Oshkosh
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OJHKOJH
January 6, 2005
Mr. Terry R. Johnson, P.E.
EARTH TECH, Inc.
4135 Technology Parkway
Sheboygan, WI 53083
Re:
Consulting Agreement and Authorization to Proceed between Earth Tech, Inc. and
Cityòf Oshkosh/Services for Anchorage, Baldwin and Libbey Drainage Basin Flood
Improvements
Dear Mr. Johnson:
Enclosed please find an executed copy of the agreement and proposal between the City of
Oshkosh and Earth Tech, Inc. regarding the above-mentioned project.
If you have any questions, please call our office at (920) 236-5065. Thank you.
Sincerely,
~_. e ~#i-
David C. Patek .
Director of Public Works
DCP/jmg
Enclosure
~ Uhrig, City Clerk (w/original)
Warren Kraft, City Attorney (w/copy)
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CONSULTING AGREEMENT AND AUTHORIZATION TO PROCEED
This Agreement between EARTH TECH, Inc, a California corporation, ("ETI") with offices at_4738 North 40th Street, Sheboygan, WI
53083, and City of Oshkosh ("CLIENT"), with offices at 215 Church Avenue, Oshkosh, WI 54902.
1.
ETI agrees to perform the services described in the attached PROPOSAL dated: December 2, 2004, including attachments and
amendments ("SERVICES").
2.
CLIENT authorizes ETI to perform these SERVICES for the following project and location:
Anchorage, Baldwin and Libbey Drainage Basin Flood Improvements in the City of Oshkosh.
3.
ETI is willing to .perform t~f SERVICES in exchange for the following fee:
CLIENT will pay on a time and material basis, not to exceed $100,000.
4.
Billing: ETI will subnùt invoices to CLIENT monthly. CLIENT recognizes th~t timely payment is a material part of this
Agreement. Each invoice is due and payable within thirty (30) calendar days of the date of the invoice. CLIENT will pay an
additional châfgeof one arid orie-half percent (15%) per morith nofto exceed the maxiriiiiriiràie allowed bylàw fol'àny paÿII1ent
received by ETI more than thirty (30) calendar days from the date of the invoice.
5.
Special Provisions: As attached.
6.
CLIENT RECOGNIZES THAT THE PRESENCE OF HAZARDOUS MATERIALS OR POLLUTION ON OR
BENEATH THE SURJ.i'ACE OF A SITE MAY CREATE RIS:K:S AND LIABILITIES. CONSULTANTHASNEtTHER
CREATED NOR CONTRIBUTED TO THIS POLLUTION. CONSEQúENTLY, CLIENT RECOGNIZES THIS
AGREEMENT WILL ACCORDINGLY LIMIT CONSULTANT'S LIABILITY.
CLIENT confirms ~ading this document in full (including the terms 7 through 18 on the following pages). This Agreement when
executed by Earth Tech is an offer to perform the services, open for acceptance within 30 days. This Agreement becomes effective on the
date CLIENT signs below.
= ~
By, r;;ø ~
By:
Name:
Richard A. Wollangk
Name:
Title:
City Manager
Title: Milwaukee OffIt'e Manager
Date: J ~ 0 It) 1-
Date:
January 4, 2005
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Pamela R. Uhrig, City Cler I
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Edward A. Nokes, City Comptroller
I hereby certify that the necessary provisions
have been made to pay the liability which will
accrue under this contract.
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7. Standard of Care: ETI will perform the Services in accordance with the standards of care and diligence normally practiced by
consulting ftrmsperforming services of a sinùlar nature in the same locale.
8. Indemnity ¡limitation of Liability: Subject to any linùtations stated in this Agreement, ETl will indemnify and hold harmless
CLIENT, its officers, directors, employees, and subcontractors, from and against all claims and actions, including reasonable attorneys
fees, arising out of damages or injuries to persons or tangible property to the extent they are caused by a professionally negligent act,
error, or onùssion of ETI or any of its agents, subcontractors, or employees in the performance of Services under this Agreement. ETl
will not be responsible for any loss, damage, or liability arising from any contributing negligent acts by CLIENT, its subcontractors,
agents, staff, or consultants. Neither party will be responsible to the other for consequential damages including, but not linùted to, loss of
profit, loss of investment or business interruption. The CLIENT also agrees to seek recourse only against ETI and not against its officers,
employees, directors, or shareholders.
9. Insurance: During the period that Services are performed under this Agreement,ETI will maintain the following insurance: (1)
Workers' Compensation coverage in accordance with the laws of the sta!es having jurisdiction over i~employees engaged in the Services
and Employer's Liability Insurance (limit of $500,000 each occurrenêe.); (2) Commercial General Liability Policy with a limit of
$1,000,000 per occurrence and a $2,000,000 aggregate; (3) Commercial Automobile Liability with a linùt of $500,000 per occurrence
and a $1,000,000 aggregate; and (4) Professional Liability coverage with a $500,000 linùt on each claim and a $1,000,000 aggregate.
Client agrees ETI will not be liable for any loss, damage, or liability arising out of this Agreement beyond the coverage and conditions of
such insurance with limits as stated above.
10. Hazardous SubstanceslHazardous Waste: CLIENT represents that if CLIENT knows or has reason to suspect that hazardous
substances or pollution may exist at the project site, CLIENT has fully informed ETI. In the event ETI encounters hazardous substances
or contamination significantly beyond that originally represented 'by CLIENT, ETI may suspend its Services and enter into good faith
renegotiation of this Agreement. CLIENT acknowledges that ETI has no responsibility as a generator, treater,' storer, or disposer of
hazardous ortoxÍc substances found or identified at a site and CLIENT ~greesto defend, indemnify, and hold harmless ETI, from any
claim or liability, arising out of ETI's performance of work under this Agreement and made or brought against En for any actual or
threatened environIIlental pollution or contamination except to the extent that ETI has negligently caused or contributed to any such
pollution or contamination. This indemnification includes reasonable attorney fees and expenses incurred by ETI in drifense of such
claim.
11. Sample Ownership: All samples and cuttings of materials containing hazardous contaminants are the property and responsibility of
CLIENT. Removal of cuttings from the project site will remain the obligation of CLIENT. Absent direction from CLIENT, ETI may
return all contaminated samples and laboratory byproducts to the CLIENT for proper disposal or treatment.
12. Buried Utilities: In those situations where ETI performs subsurface exploration, CLIENT, to the extent of its knowledge, will
furnish to ETI information identifying the type and location of utilities and other man-made objects beneath the surface of the project site.
ETI will t~e reasonable precautions to avoid damaging these utilities or objects. Prior to penetrating the site's surface, ETI will furnish
CLIENT a plan indicating the locations intended for penetration. CLIENT will approve the location of these penetrations and authorize
ETI to proceed.
13. Documents and Records: CLIENT acknowledges that ETI's reports, boring logs, field data, field notes, laboratory test data,
calculations, estimates and other sinùlar documents ("Records") are instruments of professional service, not products. All data ETI
prepares for CLIENT under this Agreement will remain the property ofETI. CLIENT will not Use any ETI data or -report for any purpose
other than its original purpose as defined in the PROPOSAL. CLIENT has no rightsto incomplete or partial data. ETI will retain these
Records for a period of three (3) years following completion of this project. During this time, ETI will reasonably make available the
records to the CLIENT. ETI may charge a reasonable fee in addition to its professional fees for retrieving or copying such records.
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14. Change Orders: ETI will treat as a change order any written or oral order (including directions, instructions, interpretations or
determinations) from CLIENT which request changes in the Services. ETI will give CLIENT notice within ten (10) days of the change
order of any resulting increase in fee. Unless Client objects in writing within five (5) days, the change order becomes a part of this
Agreement.
15. . Third-Party Rights: Except as specifically stated in this Agreement, this Agreement does not create any rights or benefits to parties
other than CLIENT and ETI.
16. Assignment! Status: The CLIENT will not delegate, assign, sublet, or trànsfer any interest in this Agreement without the written
consent of ETI. ETI is an independent consultant and not the agent or employee of CLIENT.
17. Termination: Either party may terminate the Services with or without cause upon ten (10) days advance written notice. If Client
terllÙnates without cause, CLIENT will pay ETI costs incurred, noncancelable commitments, and fees earned to the date of termination
and through demobilization, including any cancellation charges of vendors and subcontractors.
18. Complete Agreement: The Parties acknowledge this Agreement, including the Proposal and any Attachments constitute the entire
Agreement between them. Unless stated otherwise in this Agreement, this Agreement may not be modified except in a writing signed by
both parties. The parties agree that Wisconsin law governs this Agreement and any dispute involving the Agreement,
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PROPOSAL
ANCHORAGE, BALDWIN AND LIBBEY
DRAINAGE BASIN FLOOD IMPROVEMENTS
CITY OF OSHKOSH, WISCONSIN
. DECEMBER 2,2004
EARTH TECH'S RESPONSIBILITIES
A.
DESCRIPTION OF PROJECT
Earth Tech's services will include engineering services required to perfol'IIl.a comprehensive
analysis and design of a stOl'IIlwater relief channel, detention basin, culverts, ditch improvements,
and an analysis of the stOl'IIlwater system capabilities within the Anchorage drainage basin. The
Anchorage basin is 420 acres in size while the Baldwin basin is located immediately south of
Anchorage with 38 acres of basin included in the study for tills area. The Libbey basin located
directly north of the Anchorage basin drains approximately 546 acres. The discharge from the
Libbey basin will be included in the design of the Libbey channel.
B.
SCOPE
Services to be provided for the Project are as follows:
Data Collection and Survey
1. Collect and review existing plans, studies, property information, and correspondence related to
the project area.
2. Conduct a field survey of the project area including one foot contours, existing utilities and
property ownership. Property lines, existing easements, and right-of-way lines will also be
identified.
Drainage Basin Modeling and Analysis
3. Hydrologic - Hydraulic Analysis
The hydrologic-hydraulic (H&H) analysis conducted by Earth Tech will serve several
purposes:
. Verify or modify previous analyses conducted within the drainage basin
. Predict existing storm sewer flow capacity under selected rain conditions
. Identify locations and severity of surcharging and/or surface flow of stormwater
. Predict storage volume requirements of detention facilities to meet project goals
. Provide design information for inlet, and outlet structures of management structures
Earth Tech will use the XP-SWMMTMsoftware to conduct the H&H analysis. This tool has been
used on many stormwater design projects in Wisconsin including major projects in Appleton,
Delafield, Monona, Milwaukee, and Cudahy. XP-SWMMTMallows for efficient and accurate
velocity, water surface elevation, flow, and volume calculations under a variety of climatic and
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hydrologic conditions. The software also accounts for closed system (pipe) flow - both pressurized
and non-pressurized conditions - open channel flow, and culvert flow all within a single drainage
system. Additionally, the model will account for the effect of the timing of flow from the Libby
Ditch basin (entering Libby Ditch from the north)an.d the backwater effects of Lake Winnebago.
Finally, the model will evaluate alternative management measures to help identify the optimal
approach(s) to meet the city's stormwater management goals.
The following steps will be conducted under this task:
a.
Assemble drainage basin data:
. soils, (from NRCS and city's local observations)
. land use, (2003 air photos and windshield survey)
. stormwater conveyance system data, (existing city data and field survey results)
. rainfall (1P 40 or Huff-Angel Bulletin 71)
. topographic (existing contour maps and file survey results)
b.
Verify/modify drainage basin and sub-basin delineations: Earth Tech will confirm the
Anchorage Basin drainage area and the sub-basin areas contributing surface runoff to key
locations, including the proposed relief channel, and the Murdock Ave. detention facility.
This process will include windshield observations of drainage divides, and confirmation
by city staff observations. The basin and sub-basin delineations will be prepared in a CAD
and or GIS format.
c.
Prepare hydrologic model input files: Earth Tech will construct model input files
representing the hydrologic conditions of each sub-basin delineated under Task b above.
Earth Tech will use "curve number" methodology for the hydrologic calculations. .
Establishing flow paths, time of concentrations, weighted curve numbers, and other factors
will þe done for each sub-basin and the resulting hydrographs are input to the hydraulic
component of the model.
Rainfall files are also added at this stage. The model will be run for the 2-year and 10-
year rainfall depths. The event durations will be selected based on state and local
ordinance requirements, and overland flow travel times calculated for the project area.
1O0-year flow conditions will also be reviewed for the Anchorage and Libbey channels.
d.
Construct system model: conveyance system links and nodes. During this step, Earth
Tech assembles the data describing the conveyance system: pipes, channels, culverts,
bridge openings, natural detention, constructed detention, and sub-basin confluences.
These components drive the timing and discharge rates through the system.
e.
Run XP-SWM"MfM. check for continuity. and OC model: Upon completion of the model
construction, a series of checks and QC reviews are conducted. The model must show that
the system does not gain or lose runoff volume during the event simulations.
Verify the model: Upon completion of the internalQC process, the model results will be
reviewed by city staff. The model results may show portions of the system where capacity
deficiencies result in surface flooding. These results will be verified through experience
and observations of city staff to make sure the model results represent actual conditions.
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Identify conveyance capacity deficiencies: Based on the verified model results, graphic
and tabular data will be developed to display locations and severity of surface flooding
conditions (under the CUITent conditions) will be developed. Similar data will be
developed under each alternative management scenario evaluated (see Task h below).
h.
Evaluate alternative management options: Under this task Earth Tech will use the verified
XP-SWMMTM model to evaluate and identify the optimal management measures to meet.
the project flood control goals. Using the model, the detention sites (Murdock basin, and
the railroad corridor channel) as well as storm sewer enhancements and Libby ditch
enhancements can be modeled determine flood control results for the least cost.
1.
Provide design information: Under the selected alternative, the model will be used to
provide key design information for the recommended structural measures. The model
results will define the peak flow release rates, outlet structure design (pipe size and slopes,
outlet structure elevations, weir configurations, flow velocities for erosion control needs,
and detention basin storage volumes).
4. Pollution Loading Analysis
Although this project is primarily focused on flood control goals, the city will also benefit if
stormwater pollution control can be incorporated into the design process, Earth Tech will
utilize the Source Loading and Management Model (SLAMM) to help identify the pollution
control capabilities of the various alternatives evaluated. Reduction of stormwater Total
Suspended Solids (TSS) will be a requirement the city faces under the NR 216 program.
Earth Tech will utilize some of the information gathered under the H&H task (drainage basin
delineations, soils, and land use) to develop the SLAMM model. The results of this task will
allow the city to provide the WDNR with verification regarding the pollution control achieved
through this project.
Geotechnical
5. Drill and sample a total of 6 soil borings within the project site. Two of the borings will be
drilled within the proposed Detention Basin to an average depth of 15 to 20 feet. One boring
will be drilled near the railroad tracks in association with the Libbey Ditch/Culvert
improvement. This particular boring will be drilled to a termination depth of approximately 15
to 20 feet below existing grade. The remaining three borings will be drilled along the
Anchorage Relief Channel at a rather shallow depth of approximately 5 to 8 feet below
existing grade. All six of the soil borings will be sampled at 2-112 foot intervals using the
standard split-spoon method.
6. Field log and visually classify retrieved split-spoon soils samples. Classifications will be in
accordance with AS1M-D 2488. The moistùre conditions, soil type, color change, standard
penetration resistance (i.e. blowcounts), and/or pocket penetromenter values will be recorded
on the field logs.
7. Soil borings will be field screened with a PID at the time of drilling to identify potential for
contaminants at the drilling location.
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8. Record depth of groundwater if present within the completed borehole.
9. Backfill/abandon soil borings in accordance with appropriate State requitements.
10. Identify approximate horizoIltàl and vertical location of the completed soil borings.
11. Perfonn laboratory moisture content and percent fines testing on select soil samples.
12. Finalize boring logs and evaluate the encountered subsurface conditions. Compile subsurface
data/results and discuss in a technical/design memorandum. The technical memorandum,
including the boring logs, will.be incorporated into the finaldesign!bidding documents.
Phase I - Environmental
13. Perfonn a Phase I ESA for the Anchorage Basin Stonn Water Relief Channel in general
accordance with ASTM Standard E-1527 -00, "Standard Practice for Environmental Site
Assessments: Phase I Environmental Site Assessment Process". The assessment will include
the following tasks:
a. Review the following federàl and state environmental record sources for infonnation
about hazardous waste sites, hazardous materials usage and storage sites, waste disposal
sites, and leaking underground storage tank (LUSn sites, and their proximity to the
above~eferencedcorrido~
1) National Priorities List (NPL)
2) Federal Çomprehensive Environmental Response, Compensation, and Liability Index
System List (CERCLIS)
3) Federal Resource Conservation and RecoveryAct - Corrective Action Report for
Treatment, Storage, and Disposal Facilities List (RCRA CORRACTS TSD)
4) Federal RCRA Non-CORRACTS TSD List
5) Federal RCRA Generators List (RCRIS)
6) Federal Emergency Response Notification System List (ERNS)
7) State Underground Storage Tank. (USn List
8) State Leaking UST (LUSn List
9) Other State lists, as may be appropriate
b. Evaluate a USGS 7.5-Minute Topographic Map to ascertain the relative location of the
corridor with respect to adjacent properties and regional drainage features.
c. Perfonn a historical review of the previous uses or occupancies of the corridor using one
of the following standard historical sources:
1) Aerial Photographs
2) Property Tax Files
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d.
3) Sanborn@ Fire Insurance Maps
If aerial photographs or Sanbom@ Fire Insurance Maps are used, a maximum of four
photographs or maps will be reviewed.
Inspect the subject property and observe those portions of adjacent properties visible from
the subject property for indications of Recognized Environmental Conditions (RECs).
including but not limited to, improper storage or use of petroleum products, chemicals, or
wastes, and the presence of aboveground storage tanks (ASTs), underground storage tanks
(USTs), oil-filled electrical equipment, stains, stressed vegetation. and filled areas.
Identify general property characteristics, such as:
1) Current uses of the property.
2) Past uses of the property, to the extent those indications of past uses of the property
are visually observed during the site reconnaissance.
3) Current uses of adjoining properties.
4)Pastuses of adjoining properties, to the extent that indications. of past use ate' visually
observed during the site reconnaissance.
e.
5) Topographic conditions of the property.
6) Structures, roads, or other improvements on, or near, the property.
7) Suppliers of utility services including water, fuel, electricity, waste removal, and
sewerage disposal along the corridor.
f. Interview the City to obtain information indicating knowledge about RECs in
connection with the property.
g. Interview at least one staff member of anyone of the following types of local
government agencies to obtain information indicating Recognized Environmental
Conditions in connection with the corridor:
1) Local Fire Department
2) County Health Department
3) State Environmental Regulatory Office
14. Prepare a Phase I ESA Report in accordance with ASTM Standard E-1527-00 that
summarizes the findings from the Phase I ESA.
15. Soil (sediment) samples will be collected to identify the presence/absence of contamination in
the Libbey ditch. A majority of the ditch is bounded by residential areas. However, there is
some industrial property bounding the ditch and also upstream of the area of interest.
Therefore, "random" grab soil samples will be collected at 200-foot intervals along the ditch
for gasoline range organics (GRO) and diesel range organics (DRO) to identify the potential
for soil contamination. At least one soil sample will be collected near an industrial area for
GRO and DRO. The soil sample collected near the industrial area will also be analyzed for
semi-volatile organic compounds (SVOCs), poly-aromatic hydrocarbon (PAHs),
polychlorinated biphenyls (PCBs), and eight Resource Conservation and Recovery Act
(RCRA) metals. The proposed sampling is to provide an indication of the presence/absence of
contamination in the ditch soils.
The soil sampling will be coordinated with the site reconnaissance, if possible. However, due
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to ground frost, sampling may be delayed to spring. The soil samples are assumed to be
collected using a hand auger (non-mechanical) and the laboratory analysis is 10 working days
for analysis. A le1ter report will be prepared after sampling identifying the presence/absence of
contal1rinants in the soil samples and potential next actions.
Design Services
16. Prepare construction bidding documents (drawings, specifications, and legal documents)
appropriate for receiving competitive bids including the approximately quantities.
~ 4,200 ft. of Anchorage Basin relief channel
~ Culvert requirements at Murdock
~
1200 ft. of Libbey ditch channel
~ Murdock A venue detention pond
I 500 ft of storm sewer on Mt. Vernon Street
~ 2 bulkheads at Murdock and Bowen
~ Storm sewer modifications at intersections to connect to relief channel
I Additional culvert requirements at Bowen Street
~ Railroad crossing at Murdock
I Murdock orifice removal (if warranted)
Bidding documents will be prepared to meet the requirements of the Municipal Flood Control
Grant from the Department of Natural Resources.
17. Prepare preliminary layouts for review with the Client.
18. Attend informational/neighborhood meetings (2 meetings) to assist client in explaining the
construction plans, schedule, and potential traffic concerns.
19. Assist the Client in obtaining a Railroad Crossing permit from the Fox Valley Western Railroad.
20. Assist the Client in obtaining approval of the construction plans from the Wisconsin Department
of Natural Resources.
21. Assist the Client in obtaining a Chapter 30 permit for construction near the Libbey ditch channel.
22. Prepare an Erosion Control Plan and Notice of Intent in accordance with NR 216.
23. Prepare a statement of probable costs for the proposed construction.
24. Submit the bidding documents to the Client for review and approval.
25. Attend four Client meetings to inform Client of the status of the project.
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26. Supply 20 copies of the bidding documents, assist the Client in advertising for and receiving bids,
analyze the bids received and prepare a recommendation to the Client for award of the contract.
c.
ASSUMPTIO NS/C ONDITI 0 NS
This Agreement is subject to the following assumptions/conditions:
1. Construction will occur in 2005.
2. Client will grant pemússion to access the site to complete the survey, Phase I environmental site
assessment, and. advance soil borings.
3. Soil borings can be completed with a truck-mounted drill rig using hollow-stem augers.
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4. Soil cuttings from drilling operation can remain on site and do not require disposal or special
handling.
Phase I - Environmental Assumptions
5. Environmental. services described. herein wiJI be performed by or under the supervision of an
Environmental Professional. as defined in the December 2003 draft U.S. EPA"Standards for
Conducting All Appropriate Inquiries:'
6. Except as described above, Earth Tech will not attempt to detenlline compliance by present or
former owners, operators, or occupants of the property or adjacent properties with federal, state, or
local environmental, engineering, or land use laws or regulations.
7. Information will be collected in accordance with generally accepted professional standards and
practices, accepted in good faith, and will be assumed to be factual and accurate. Earth Tech will
not assuII!e responsibility for any consequence arising from any information or condition that was
concealed, withheld, misrepresented, or otherwise not fully disclosed or available to Earth Tech.
8. Earth Tech will make no representation or certification concerning the quality of the environment,
including soil, surface water, groundwater, or air.
9. Earth Tech will not sample for or perform investigations for the purpose of confimúng the
presence of:
a.
b.
c.
d.
Asbestos-Containing Materials
Radon
Lead-Based Paint
Lead in Drinking Water
Mold
e.
10. Conclu~ions and opinions provided by Earth Tech are not scientific certainties, but rather
probabilities based on professional judgment concerning the significance of the data gathered
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