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HomeMy WebLinkAboutBaldwin Basin Earth Tech Proposal 2007 Letter of Transmittal EARTH@T E C H A tJp;a INTERNATIONAL LTD. COMPANY TO: f1t. \JAU &S f. 46e C'~~ ~r O~\f I.(O~H ~ \ "5 C ~Ot2.C H AVE"lUve D~ 1-\:~D~t7 (J, ~1qOZ, DATE: JOB ID NO.: RE: D It; r; I'}-L- WE ARE SENDING YOU: j( Attached Samples the following items: _ Specifications Shop drawings Copy of letter Prints _ Change order _ Under separate cover via Plans z. DP7J~ DESCRIPTION I)/i.. E- ).) tI / ~ ez=a /)/ c; t:=;e tJ I c...e ( COPIES DATE NO. RECEIVED ,~;. tCD \ THESE ARE TRANSMITTED AS CHECKED BELOW: ~ For approval For your use As requested For review and comment _ Approved as submitted _ Approved as noted Returned for corrections _ Resubmit Submit copies for approval copies for distribution corrected prints Return For Bids Due 19 Prints Returned After Loan to Us REMARKS: CO~YT : CJ: c..Qsa:1l. Wlff. Ov, ~ ~ ~ ( lUl!<. ~~ ~ If enclo,"re' .,e not a,"oted, kindly notify"' at on . ~(. (:;o,~'; 5e" · Sheboygan, Wiseo",in 53083.1883 · (920) 458.8711 · Fax: (920) 458.0550 ::J~f< (W\~ Cefj) If) J llf A- N '-f rJ lJ ~rlo~s. CJK. SIGNED: , , CONSULTING AGREEMENT AND AUTHORIZATION TO PROCEED This Agreement between EARTH TECH, Inc, a California corporation, ("ETI") with offices at 4135 Technology Parkway, 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: February 7, 2007, including attachments and amendments ("SERVICES"). ' 2. CLIENT authorizes ETI to perform these SERVICES for the following project and location: Baldwin Drainage Basin Flood Improvements in the City of Oshkosh. 3. ETI is willing to perform the SERVICES in exchange for the following fee: CLIENT will pay on a time and material basis, not to exceed $63,200. 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(1.5%) 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. 5. Special Provisions: As attached. 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 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. CLIENT - CITY OF OSHKOSH By: ..see Ml...€ I 4 ..,f'1 ETI- ~CH' Inc. By:. ;. ~4 t!.tA... Name: Name: Ronald A. Clarke. AlA. DBIA Date: pr1h,"~ 5 I ').0I.:!1. Title: Vice President Date: 6l /'1 /0 7 f I Title: UBWrrRlBrr J/Oshkosh Baldwin 24Jan07.doc @) EarthTech Page 1 of 9 A T;"CI>ktl!lna"on'lltri. Gem>>,,,,, Signed for and in behalf of the City of Oshkosh '2If/I ~ Richard )\.Wollangk, City Manager ?Q.~J~Ct~ 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. lA of9 , . 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 /Iimitation 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 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 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 fumish 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 CLI ENT 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, En 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. AssignmenU 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 oftermination 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. UBWrrRlBrr J/Oshkosh Baldwin 24Jan07.doc EarthTech Page 2 of9 A TY".Alhte'nalionai Ltd. Comp."'! PROPOSAL BALDWIN DRAINAGE BASIN FLOOD IMPROVEMENTS CITY OF OSHKOSH, WISCONSIN FEBRUARY 7, 2007 EARTH TECH'S RESPONSIBILITIES A. DESCRIPTION OF PROJECT . Earth Tech's services will include engineering services required to perform a comprehensive analysis and design of a stormwater detention basin, storm sewers, and an analysis of the stormwater system capabilities within the Baldwin drainage basin. The Baldwin basin is 38 acres in size. 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, property lines, existing easements, and right-of-way lines along New York Avenue from Jefferson Street to Broad Street and for the pond location from New York to Baldwin. Field survey will also include locating existing manholes and inlets on sanitary and storm sewers and measure downs on the following streets: . Harrison from New York to North of Tennessee . Jefferson from New York to Tennessee . Mount Vernon from New York to Custer . Eastman from New York to Custer . Grand from New York to Custer . Broad from New York to Tennessee . Tennessee from Harrison to Broad . New York from Harrison to Jefferson Drainage Basin Modeling and Analysis 3. Hydrologic - Hydraulic Analysis A hydrologic-hydraulic (H&H) analysis of the Baldwin Basin storm sewer system will be conducted by Earth Tech. This analysis will include the public storm sewers in the following streets. This analysis will utilize the survey information gathered in the preceding task. UBWrrRlBrrJfOshkosh Baldwin 24Jan07.doc @EarthTech Page 3of9 A Ty<o Im",,.I;on.! lt~, Compa'Y Analyzed Storm Sewers Within Street Right of Way Between These Streets Harrison Street E. New York Avenue and E. Custer Avenue Jefferson Street Baldwin Avenue and Tennessee Street Mount Vernon Street E. New York Avenue and E. Custer Avenue Eastman Street E. New York Avenue and E. Custer Avenue Grand Street E. New York Avenue and E. Custer Avenue Broad Street E. New York Avenue and Tennessee Street E. Tennessee Street Harrison Street and Broad Street E. New York Avenue Harrison Street and Grand Street 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-SWMM™software to conduct the H&H analysis. XP-SWMMTM allows for efficient and accurate velocity, water surface elevation, flow, and volume calculations under a variety of climatic and 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 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 drainaQe basin data: . soils, (from NRCS and city's local observations) . land use, (City's GIS system) . stormwater conveyance system data, (existing city data and field survey results) . rainfall (TP 40 or Huff-Angel Bulletin 71) . topographic (existing contour maps and field survey results) b. Verify/modify drainaae basin and sub-basin delineations: Earth Tech will confirm the Baldwin Basin drainage area and the sub-basin areas contributing surface runoff to key locations, including the 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. UBWrrRlBrTJ/Oshkosh Baldwin 24Jan07.dDc @) EarthTech Page 4 of 9 A r"",lill""oliona;Ud. Compa1lY c. Prepare hvdroloqic 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 be 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, 1 O:'year and 25-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. 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~M. check for continuity. and QC 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. f. Verify the model: Upon completion of the internal QC 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 are indicative of actual conditions. g. Configuring the Storm Sewer and Detention Pond System: Under this task Earth Tech will use the verified XP-SWM~M model to configure proposed storm sewers to convey the 1 O-year storm event in the project area as described in the preceding "Analyzed Storm Sewers" table. Potential conflicts with utilities and lack of street cover will be considered in this configuration. In addition, the model will be used to determine the proposed detention pond configuration. h. Provide desion information: The model will be used to provide key design information for the recommended structural measures. This will include proposed storm sewer diameters, lengths, full flow pipe capacity, and invert elevations. This information will be provided in a tabular format suitable for use by a design engineer to design the proposed system. In addition, detention pond design parameters such as outlet structure design (pipe size and slopes, outlet structure elevations, weir configurations), flow velocities for erosion control needs, and detention basin storage volumes will be provided for the design phase of this project. Model results of the peak flow release rates both with and without the proposed improvements will be reported. Proposed inlet locations will be determined using standard design practices and will be conveyed to the client in a graphical format. @EarthTech Page 5 of 9 UBWrrRlBrrJ/Oshkosh Baldwin 24Jan07.doc A Tyeo l'lreroatlal1aittd. -CempaflY Geotechnical 4. Assist the Client in obtaining subsurface information. When, in the opinion of ETI, soil borings or other subsurface explorations are necessary to secure information for design purposes, ETI will assist the Client in selecting a geotechnical firm to make the subsurface explorations and prepare a geotechnical report. The contract for geotechnical work shall be between the Client and the geotechnical firm and the costs shall be paid by the Client. Phase I - Environmental 5. Perform a Phase I ESA for the Baldwin Basin Storm Water Detention Basin Property (approximately 1.0 acres) 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 federal and state environmental record sources for information about hazardous waste sites, hazardous materials usage and storage sites, waste disposal sites, and leaking underground storage tank (LUST) sites, and their proximity to the above-referenced corridor. . National Priorities List (NPL) . Federal Comprehensive Environmental Response, Compensation, and Liability Index System List (CERCLlS) . Federal Resource Conservation and Recovery Act - Corrective Action Report for Treatment, Storage, and Disposal Facilities List (RCRA CORRACTS TSD) . Federal RCRA Non-CORRACTS TSD List . Federal RCRA Generators List (RCRIS) . Federal Emergency Response Notification System List (ERNS) . State Underground Storage Tank (UST) List . State Leaking UST (LUST) List . 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. Perform a historical review of the previous uses or occupancies of the corridor using one of the following standard historical sources: . Aerial Photographs . Property Tax Files . Sanborn@ Fire Insurance Maps If aerial photographs or Sanborn@ Fire Insurance Maps are used, a maximum of four photographs or maps will be reviewed. UBWrrR/BrrJIOshkosh Baldwin 24Jan07.doc @ EarthTech Page 6 of 9 A T)Co IntemMlon.1 !.to. Compa,lj d. 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. This includes inspecting inside the residences. e. Identify general property characteristics, such as: . Current uses of the property. . Past uses of the property, to the extent those indications of past uses of the property are visually observed during the site reconnaissance. . Current uses of adjoining properties. . Past uses of adjoining properties, to the extent that indications of past use are visually observed during the site reconnaissance. . Topographic conditions of the property. . Structures, roads, or other improvements on, or near, the property. . 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: . Local Fire Department . County Health Department . State Environmental Regulatory Office 6. Prepare a Phase I ESA Report in accordance with ASTM Standard E-1527-00 that summarizes the findings from the Phase I ESA. Design Services 7. Prepare construction bidding documents (drawings and supplemental conditions) appropriate for receiving competitive bids including the approximately quantities. . New York Avenue dry detention pond . 1,200 feet of storm sewer along New York Avenue . 3 cast-in-place junction chambers 8. Prepare preliminary layouts for review with the Client. 9. Attend informational/neighborhood meetings (1 meeting) to assist client in explaining the construction plans, schedule, and potential traffic concerns. 10. Request prevailing wage rates from Department of Work Force Development. UBWrrRlBrrJ/Oshkosh Baldwin 24Jan07.doc @EarthTech Page 70f9 it 1jco.l1t.ematrooai Ud. Com~ai1Y 11. Prepare an Erosion Control Plan and Notice of Intent in accordance with NR 216. 12. Submit plans to CN Railroad for plan approval (if needed). 13. Prepare a statement of probable costs for the proposed construction, 14. Submit the plans to the Client for review and approval. 15. Attend three Client meetings to inform Client of the status of the project. C. ASSUMPTIONS/CONDITIONS This Agreement is subject to the following assumptions/conditions: 1. Construction will occur in 2007. 2. Client will grant permission to access the site to complete the survey, Phase I environmental site assessment, and soil borings. 3. Client will arrange for accessing the site structures for inspection. Phase I - Environmental Assumptions 4. Environmental services described herein will 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." 5. Except as described above, Earth Tech will not attempt to determine 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. 6. 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 assume 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. 7. Earth Tech will make no representation or certification concerning the quality of the environment, including soil, surface water, groundwater, or air. 8. Earth Tech will not sample for or perform investigations for the purpose of confirming the presence of: . Asbestos-Containing Materials . Radon . Lead-Based Paint . Lead in Drinking Water . Mold UBWrrRlBrrJ/Oshkosh Baldwin 24Jan07.doc EarthTech Page 8of9 A 1y{:o Inte:l1111tianai Ltd. r~mpa1Y 9. Conclusions and opinions provided by Earth Tech are not scientific certainties, but rather probabilities based on professional judgment concerning the significance of the data gathered during the course of this environmental assessment. Earth Tech is not able to represent that the property or adjoining land contains no hazardous waste, oil, or other latent condition beyond that detected or observed by Earth Tech during this investigation. The possibility always exists for contaminants to migrate through surface water, air, or groundwater. 10. SERVICES described herein will be performed in accordance with ASTM Standard E-1527- 00, but are not to be construed as a guarantee or warranty as to potential liability or impacts at the property. CLIENT'S RESPONSIBILITIES Client, at its expense, shall provide the following: A. The Client agrees to meet with ETI representatives, if required, and make timely de~isions regarding design details. B. Provide all criteria and full information as to Client requirements for the Project, obtain (with Earth Tech's assistance, if applicable) necessary approvals and permits, attend Project-related meetings, provide interim reviews on an agreed-upon schedule, make decisions on Project alternatives, and generally participate in the Project to the extent necessary to allow Earth Tech to perform the Services, C. Pay all permit and review fees that may be required directly to the agency requiring fee submittal. D. Coordinate acquisition of property for detention pond and coordinate demolition of existing houses. E. Prepare general conditions, detailed specifications and technical specifications. F. Assemble bid documents, advertise for bids and recommend award of contract. G. Provide construction inspection and construction administration. 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