HomeMy WebLinkAboutConsulting Agreement-Earth Tech city-wide Stormwater Management Plan/Ord development 2005
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CONSULTING AGREEMENT AND AUTHORIZA TION TO PROCEED
This Agreement between EARTH TECH, Inc, a California corporation, ("ETI") with offices at 1210 Fourier Dr.
Madison, WI 53717 and City of Oshkosh ("CLIENT"), with offices at 215 Church Avenue Oshkosh, WI 54903.
1.
ETI agrees to perform the services described in Attachment A dated: 10-15-2004.
2. CLIENT authorizes ETI to perform these SERVICES for the following project and location:
Earth Tech will provide services as described on Attachment A..
3. ETI is willing to perform the SERVICES in exchange for the following fee (check and complete):
CLIENT will pay on a time and material basis. ETI will invoice according to the Fee Schedule* attached to the
PROPOSAL.
CLIENT will pay a Inmp sum of $
. ETI will invoice monthly on a percentage completed basis.
X-
CLIENT will pay on a time and material basis not to exceed the sum of$ $127.500 . ETI will invoice according to
the attached document (Attachment A) up to the stated limit. Upon reaching the limit, ETI will stop performing unless
CLIENT authorizes further work in writing.
CLIENT will pay a retainer in the amount of $
, to be applied against the fee.
* ETI reserves the right to adjust its Fee Schedule annually.
4. Billing: ETI will submit invoices to CLIENT monthly. CLIENT recognizes that 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 charge of one and one-half percent per month not to exceed the maximum rate allowed by law for
any payment received by ETI more than thirty (30) calendar days from the date of the invoice. CLIENT will pay when
due that portion of invoice, if any, not in dispute. If CLIENT fails to pay any undisputed invoiced amounts within thirty
(30) calendar days of the date of the invoice, ETI may suspend its performance or terminate this Agreement without
incurring any liability to CLIENT and without waiving any other claim against CLIENT.
5. Special Provisions: - NONE
X- A TT ACHMENT A
6.
CLIENT RECOGNIZES THAT THE PRESENCE OF HAZARDOUS MATERIALS OR POLLUTION ON OR
BENEATH THE SURFACE OF A SITE MAY CREATE RISKS AND LIABILITIES. CONSULTANT HAS
NEITHER CREATED NOR CONTRIBUTED TO THIS POLLUTION. CONSEQUENTLY, CLIENT
RECOGNIZES THIS AGREEMENT WILL ACCORDINGLY LIMIT CONSULTANT'S LIABILITY.
CLIENT confirms reading this document in full (including the terms 7 through 18 on the following page). 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.
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- ffi Name: Richard A. WoHangk
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U Title: City Manager
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E:y' :iif~
N am . effì . Hanson
Title: Vice-President
Date:
21/ /c;~
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Title:
Cit Clerk
! here~1 Ccr"\,1 that tho w provisions
have been made to pay the ¡¡ability which will
accrue t;.ÇI"der thi~- contract
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Conssf.98k (Aug 13, 1998)
City Comptroller
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Page 1 of2
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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 firms performing services of a similar nature in the same locale.
8. Indemnity ¡limitation of Liability: Subject to any limitations stated in this Agreement, ETI 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 omission of ETI or any of its agents, subcontractors, or employees in the performance of Services under this Agreement. ETI 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 limited to, loss of profit, loss of
investment pr 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 states having jurisdiction over its employees engaged in the Services
and Employer's Liability Insurance (limit of $500,000 each occurrence.); (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 limit of $500,000 per occurrence and
a $1,000,000 aggregate; and (4) Professional Liability coverage with a $500,000 limit 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 Substances/Hazardous 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 or toxic substances found or identified at a site and CLIENT agrees to 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 ETI for any actual or
threatened environmental 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 defense 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 take 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 ETl's reports, boring logs, field data, field notes, laboratory test data,
calculations, estimates and other similar documents ("Records") are instruments of professional service, not products. All data ETI
prepares for CLIENT under this Agreement will remain the property of ETI. 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 rights to 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.
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 transfer 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
terminates 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 California law governs this Agreement and any dispute involving the Agreement.
Conssf.98k (Aug 13, 1998)
Page 2 of2
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Attachment A
City of Oshkosh: Stormwater Management Services
CITY OF OSHKOSH CITYWIDE STORMW A TER MANAGEMENT PLAN
& ORDINANCE DEVELOPMENT
A.
SCOPE OF WORK:
Task 1: Project Management
Earth Tech will meet with City staff at the outset of the project and at intervals throughout the project.
Earth Tech will present to the group information on the project's scope, schedule, challenges, and updates
during the project. The purpose of the initial meeting will be to:
.
Establish the points of communications and preferred methods of communication.
Exchange viewpoints among City representatives and the Earth Tech team on the project's goals and
expectations.
Establish the boundaries of what the project can and cannot accomplish or address.
Set the stage for a successful project.
.
.
.
A total of eight (8) project meetings are budgeted. The eight (8) project meetings include meetings with
City staff and the Earth Tech team, one (1) public information/public education forum, and one (1)
presentation to the Oshkosh City Council. Stormwater Management Study information and other relevant
topics will be covered at the meetings. Based on project needs, the City will determine the schedule of
the 8 meetings.
Earth Tech will prepare meeting summaries and forward the summaries to a City contact person. The
City will distribute the summaries as appropriate.
Task 2: Inventory and Collection of Existing Data, Records, Maps, and Reports
Earth Tech has information from the Stormwater Utility Study that can be used for the Citywide
Storrnwater ManagementPlan. Data needed for the project includes digital topographic data, digital land
use data, digital parcel data, and digital aerial photography. The City will provide Earth Tech with
updated data if available. Additional data needed for the project includes the City's storm sewer
mapping, drainage data, detention pond locations and site plans, and recent engineering studies completed
relevant to stormwater management. A detailed list of the needed information will be compiled following
the kickoff meeting and general discussions with City staff.
Task 3: Delineate Drainage Areas
Using the definitions specified in the NR 216 rules, Earth Tech will identify the major outfalls as required
under NR216.07(7). The drainage area contributing surface runoff to each major outfall will be
delineated. Major drainage areas will subdivided as needed based on project goals. Drainage basins for
the city were delineated in the 2000 Mead & Hunt study. These drainage basins will be used as a starting
point for this task.
The process of delineating the drainage basins will use existing data from City including: topographic,
storm sewer system maps, firsthand knowledge of the City staff, and drainage delineations from previous
studies. Field surveys or field verification will not be conducted as a part of this task. The basins will be
identified with a unique ID (based on discussions with the City), and the delineations will be recorded as
DRAFT 1/31/2005
A-I
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Attachment A
City of Oshkosh: Stormwater Management Services
a GIS shape file and projected to the Winnebago County or State Plane coordinate system based on the
desires of the City.
Task 4: Execute Pollution Load Model
Earth Tech will use the Source Loading and Management Model (SLAMM) to conduct the urban
pollution loading analysis.
The drainage basins developed under Task 3 will be used as the basis for the analysis. Each drainage area
will have an annual nonpoint source load modeled using SLAMM. The input data for SLAMM includes:
land use, drainage system type, soils, and existing best management practices (BMPs - structural or non-
structural). Annual loadings for sediment, phosphorus and a heavy metal will be calculated under
following simulated conditions: I) base (2005 conditions assuming no existing BMPs; 2) existing (2005
conditions accounting for existing BMPs currently in place), and 3) projected future land use conditions
with existing BMPs.
Task 5: Evaluate Storm water Quality Management Approaches
Earth Tech will evaluate structural and non-structural best management practices that may be used to
meet the goals of NR151 and NR216. Earth Tech will use resources such as SLAMM, The Wisconsin
Stormwater Manual, commercial product testing information, and relevant studies to evaluate the
effectiveness of the BMPs and recommend appropriate BMPs.
Earth Tech will meet with the city to review and evaluate potential BMP types and locations within the
municipal boundary. The evaluation process will incorporate criteria such as: 1) available open space, 2)
land ownership, 3) retrofit of existing stormwater management practices, 4) scheduled street
reconstruction areas for "in-line" systems, and 5) redevelopment sites with potential for incorporation of
BMPs. Upon selection of potential BMP types and locations, Earth Tech will re-run SLAMM to estimate
the level of TSS control achieved. BMPs will be added until the 20% and 40% goals are reached.
Task 6: Limited Hydrologic & Hydraulic Analysis
Task 6a: DNR Grant Eligible Portion
In drainage basins within the City not previously analyzed (Mead and Hunt study) a limited hydrologic
and hydraulic analysis of the 2-year, 24-hour design storm event will be conducted to aid in the evaluation
of alternative BMPs (Task 5 above).
Drainage basins developed in Task 3 will be used. Earth Tech will collect the necessary information
(curve number, time of concentration, etc.) to calculate the hydrology to the end points of each drainage
basin.
Earth Tech will use available conveyance system data (pipe/channel roughness, cross-sectional area,
slopes, etc.) from the digital topographic map and storm sewer map. Pipes with a diameter of 36 inches
or larger will be modeled. The Storm Water Management Model (XP-SWMMTM) will be used for this
analysis. XP-SWMMTM provides output showing peak flow, volume of runoff, hydraulic grade lines, and
locations where surface flooding may occur under the design rain conditions. Field survey to collect data
not available from existing records is not budgeted for this task.
DRAFT 1/31/2005
A-2
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Attachment A
City of Oshkosh: Stormwater Management Services
Task 6b: Portion Not DNR Grant Eligible
Outside of the WNDR grant eligible task described above, Earth Tech will conduct additional hydrologic
& hydraulic analyses for the 10- and 100-year, 24-hour rain event on the same basins. Drainage basins
will be modeled in greater detail in areas requested by the city. Pipes down to a diameter of 24" will be
modeled in the requested areas. Also drainage basins will be further subdivided if needed. The purpose
of this additional analysis will be to evaluate the capacity of the City's storm sewers and other
conveyance structures and to identify potential flooding locations under the larger rain events. The
product of this analysis will be tabular summary of peak flow and runoff volumes from the lO-year and
100-year events for each analyzed drainage area.
Task 7: Stormwater Management and Construction Erosion Control Ordinance
Earth Tech will review and update the City of Oshkosh stormwater management ordinance and the
construction erosion control ordinance.
Earth Tech will use the model ordinances provided in Administrative Code NR 152 as the basis for the
stormwater management and construction erosion control ordinances.
Task 8: Illicit Discharge Ordinance
Earth Tech will draft an illicit discharge ordinance specific to the City of Oshkosh. Earth Tech will use
NR2l6 as a guide in developing this ordinance.
Task 9: Information and Education Plan
Earth Tech will work with the City in developing a series of approaches and steps in a public information
and education program. A range of approaches may be proposed in the plan including:
.
Citizen Advisory Committee(s)
Surveys
Newsletters
Public meetings
Demonstration projects
Interviews with key community people
Web-based technology
Field tours
Local Cable TV
.
.
.
.
.
.
.
.
The tools actually selected for inclusion in the plan must suit the community's experiences and
preferences for how best to communicate with the various public sectors. The plan will schedule
activities for the five-year permit period and will be included in the Stormwater Management Plan
document (Task 10). Efforts will be made to coordinate this plan with other Fox Valley NR216 permitted
communities.
DRAFT 1/31/2005
A-3
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Attachment A
City of Oshkosh: Stormwater Management Services
Task 10: Compile a Report
Earth Tech will prepare a Citywide Stormwater Management Plan report that summarizes results of the
technical analysis and documents the overall planning and evaluation process.
The report will document the goals, objectives, and policies of the Stormwater Management Plan. It will
describe the structural, organizational, and financial programs and needs. The report will also describe
recommended structural and non structural stormwater improvements that should be taken to correct the
deficiencies. Finally, it will explain how the City can implement the recommendations by identifying a
schedule, responsibilities of individuals and/or governmental departments, and budgets necessary to carry
out the plan. The report will contain the draft language of the ordinances previousely mentioned.
Earth Tech will provide the City with five (5) copies of the report. An electronic copy of the report and
graphics will be provided to the City on CD.
B. ASSUMPTIONS
1. The City shall furnish Earth Tech all available maps, orthophotographs, stormwater conveyance
system drawings, stormwater management plans, and relevant stormwater management data, all of
which Earth Tech may rely upon without independent verification in performing the Scope of Work.
It is also assumed that the above information will be provided at no cost to the project. Parcel,
planimetric, topographic files, etc. will be provided digitally to Earth Tech on a CD if available or
paper copy format.
2. Some information provided by the City may be inaccurate or unreliable. Earth Tech cannot be
responsible for inaccuracies in the data supplied by the City.
3. The City will be responsible for the printing and distribution of all public information/education
materials.
C. PROJECT SCHEDULE
Conducting Tasks 1- 10 as described above will commence execution of this contract. Assuming a start
date of January 15,2005, the tasks are scheduled for completion by December 31,2005.
D. PROJECT BUDGET
The total contract amount covers the costs of Tasks 1 thru 10 as described under Section A above.
DNR Grant Eligible Portion:
Task 6b (not DNR Grant Eligible):
$112,500
$ 15,000
Total Contract Amount:
$127,500
DRAFT 1/31/2005
A-4
A Tyeo International Ltd. Company
1210 Fourier Drive
Suite 100
Madison, WI 53717
P 608.836.9800
F 608.836.9767
www.earthtech.com
@) EarthTech
February 1 , 2005
VED
Mr. Scott Erickson, P.E.
.Department of Public Works
215 Church Ave
P.O. Box 1130
Oshkosh, WI 54903-1130
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DEPT: OF PUBLIC WORKS
OSHKOSH WISCONSIN
Subject: Contract to conduct city-wide stormwater management plan and ordinance
development
Dear Mr. Erickson:
Enclosed are two originals of the contract for the above referenced project. Now that we have
received the contract approval from the DNA, we are ready to have the contract signed and
proceed with the project. Please have both contracts signed by the appropriate city
representatives, and return one original to me. Keep the other original for your records.
Thank you for your help during the contract preparation. We truly enjoy working with you and
your staff. Once we have received the signed contract, we will contact you to schedule the
project kick-off meeting.
We appreciate this opportunity to continue our relationship with you and the City of Oshkosh.
Should you have any immediate questions, do not hesitate to contact me.
Sincerely,
Earth T4~:JLh
~A,. Bachhuber, P.H.
O~;:; ~esource Department Manager
Enclosures: As Noted
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