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HomeMy WebLinkAbout08-341SEPTEMBER 23, 2008 08 -341 RESOLUTION (CARRIED 7 -0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE CONSULTING AGREEMENT WITH EARTH TECH, INC., FOR NICOLET AVENUE /LIBBEY AVENUE AREA STORMWATER DRAINAGE BASIN ANALYSIS ($41,500.00) INITIATED BY: PUBLIC WORKS DEPARTMENT BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached Consulting Agreement with Earth Tech, Inc. to conduct a stormwater hydrologic and hydraulic modeling analysis for the Nicolet and Libby Drainage Basins is hereby approved and the proper City officials are hereby authorized to execute and deliver the agreement in substantially the same form as attached hereto, any changes in the execution copy being deemed approved by their respective signatures, and said City officials are authorized and directed to take those steps necessary to implement the terms and conditions of the Agreement. BE IT FURTHER RESOLVED that money for this purpose is hereby appropriated from: Acct. No. 561 - 2010- 1799 -00000 Storm Water Utility Construction Work in Progress CONSULTING AGREEMENT AND AUTHORIZATION TO PROCEED This Agreement between EARTH TECH, Inc, a California corporation, ( "ETI ") with offices at _ 1210 Fourier Drive Madison, WI and the City of Oshkosh "CLIENT'), with offices at 215 Church Avenue Oshkosh WI 54903 1. ETI agrees to perform the services described in its PROPOSAL dated: , including attachments and amendments ( "SERVICES "). 2. CLIENT authorizes ETI to perform these SERVICES for the following project and location: Conduct a Stormwater Hydrologic & Hydraulic Modeling Analysis for the Nicolet and Libby Drainage Basins 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 lump 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 $ 41.500.00 ETI will invoice according to 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. Special Provisions: _ NONE X ATTACHMENT 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 TTOINTHIS LIOMLITUTION. CONSULTANT'S ONSEQLIABILITCLIENT RECOGNIZES THIS AGREEMENT WILL 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. CLIENT — CITY OF OSHKOSH LE Name: Title: Date: Page 1 Conss£98k (Aug 13, 1998) Signed for and in behalf of the City of Oshkosh Mark Rohloff, City Manager Pamela R. Ubrig, City Clerk Lynn Lorenson,. City Attorney Peggy Steeno, Finance Director I hereby certify that the necessary provisions Have been made to pay the liability which will Accrue under this contract. 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 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 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 ETI'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 of original Page 2 Conssf.98k (Aug 13, 1998) 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. Page 3 of 6 Conss£98k (Aug 13, 1998) City of Oshkosh. City of Oshkosh Libby &Nicolet Basins Storm Sewer System Hydraulic Analysis and Flood Control Alternatives Attachment A Purpose The purpose of this analysis is to identify storm sewer system modification alternatives that would eliminate or minimize storm sewer surcharging onto the streets in the Libby and Nicolet Basins during the 10 -year, 1 -hour rain the event (1.67 i The Basin areas �es elow. analyzed analysis will use computer include adding new models storm a Xp -SWMM modeling software. The al ternative to i variety of alignments, and adding detention basins. Study Area The project area will include: the Libby and Nicolet Basins. The 507 acre Libby Basin is north of the Anchorage Basin and drains into the Libby Ditch. The 228 acre Nicolet Basin in north of the Libby Basin and drains into the channel near Starboard Court. The Nicolet Basin is approximately bounded by Industrial Avenue to the north and Vinland Street to the east. The storm sewers to be modeled will include only those with diameters (or equivalents) of 18 inches and greater and will not include catch basin and building leads. The storm sewer system in the Anchorage Basin modeled by Earth Tech in 2005 will be included in the Libby Basin model. The hydraulics of other storm sewers will not be modeled. Methodology; 1. Survey. Earth Tech will collect survey information where necessary to construct the storm sewer model. Survey will be in NGVD 29. It is assumed that no more than 2 days of survey is required. 1. Sub -basin delineations Earth Tech will delineate the sub -basin areas contributing surface runoff to key locations in the project area. The sub -basin delineations will be prepared in a GIS format. Earth Tech expects to delineate approximately 55 sub - basins in the Libby Basin and 15 sub -basin in the Nicolet Basin to represent the hydrology. This process will include windshield observations of drainage divides, and confirmation by city staff observations. 2. Prepare hydrologic model input files: Earth Tech will construct model input files representing the hydrologic conditions of each sub - basin. Earth Tech will use SWMM (Curve Number) runoff and Horton Infiltration methodology for the hydrologic calculations. Establishing flow paths, impervious percentages, and other factors will be prepared for each sub -basin and the resulting hydrographs will be input to the hydraulic component of the model. The City of Oshkosh will provide GIS information relating to land use characteristics for all parcels within the study area, if needed. The City of Oshkosh will provide GIS information relating to the impervious area for parcels within the city limits, if needed. 3. "C onstruct system model with conveyance system l and nodes: Assemble the data describing the existing conveyance system of pipes, channels, and streets in the project area. Storm sewers with an equivalent diameter of 18" or greater will be represented in the model. The City of Oshkosh will provide storm sewer GIS information to assist in network modeling. The City of Oshkosh will provide tiff images of development Grading and Drainage Plans to assist in the input of existing detention facilities. The City of Oshkosh will provide tiff images of utility and paving plans if required. The Anchorage Watershed storm sewer system will be included as the Anchorage Watershed is interconnected with the Libbey Watershed via the Anchorage Channel and an overflow storm sewer along the east side of the Canadian National Railroad tracks. There will be no changes to the 2005 Anchorage Watershed Xp- SWMM model as developed by Earth Tech. 4. R Xp SWMAf check for continuity, and O C model: Upon completion of the model construction, a QC review will be conducted. The model must show that the system does not gain or lose runoff volume during the event simulations. Perform a sensitivity analysis to determine which duration storm is the most critical for storm sewer capacities. Page 4 of 6 Conss£98k (Aug 13, 1998) 5. Existing Condition Model Runs: Run model at the critical duration for the following design storm events: 1 -year, 2 -year, 5 -year, 10 -year, 25 -year, 50 -year, and 100 -year. In addition, the model will be run with June 10 -11, 2004 and June 12 -13, 2008 rainfall amounts and soil conditions and compare with actual observed flooding conditions to fine tune model. The City will provide the rainfall data and observed flooding measurements for the June 10-11 2004 and June 12 -13 2008 rain events. The rain data will consist of a start tune, stop time, and rain depth. If time -step rain data is available, it will be used for the rainfall distribution. If tune -step data is not available, Earth Tech will use a Huff 1" Quartile rainfall distribution. Results for the June storms will be reported in tabular format for observed locations. 6. Identify conveyance capacity deficiencies: Prepare a figure showing the storm sewer capacity under existing conditions for all modeled storm sewer and ditch segments. The storm sewer /ditch segment will be color coded to display up to which storm event the conduit conveys runoff without surcharging onto the street. 7. Develop mana eg ment alternatives Earth Tech will. evaluate and identify from 3 to 5 management alternatives to meet the project flood control goal. Possible alternatives include 1) resizing pipes in the existing alignments, 2) a combination of resizing the pipes in the existing alignments and constructing one new major relief sewer for each Basin, 3) a combination of resizing the pipes in the existing alignments and constructing a total of 4 detention basins between the two Basins. Existing potential sanitary sewer conflicts and planned street paving projects will be taken into account in developing the alternatives. No. other utility conflicts (besides the sanitary sewers) will be evaluated. The XP- SWMAf" model will be used to evaluate flood control effectiveness and size storm sewers and or detention facilities. 8. Evaluate mana eg ment alternatives_ The alternatives described in #7 will be presented to the City for evaluation. This will include figures showing the level cost estimates for all analyzed alternatives. The City components of alternatives. Prepare planning y and Earth Tech will then coordinate to select the preferred alternative. 9. Execute Post Mitigation Hydrologic and Hvdraulic Model: Run model at the critical duration for the following design storm events: 1 -year, 2 -year, 5 -year, 10 -year, 25 -year, 50 -year, and 100 -year. In addition, the model will be run with June 10 -11, 2004 and June 12 -13, 2008 rainfall amounts an results tabulated for observed locations. Prepare a figure showing capacity under post - mitigation conditions for all modeled storm sewer and ditch segments. Perform sensitivity analysis to determine which duration of 100 -year storm is the most critical for detention facilities. Note the peak water surface elevation of this storm event for all detention facilities in addition other storm events modeled. 10. Provide sizing information: Under the preferred alternative, the model will be used to provide key elevations for the recommended structural measures. The model results will define the peak flow release rates, pipe size and slopes, and detention basin storage volumes if applicable. This data will be presented in tabular and graphical format. A 1 -2 page technical memo will describe the results. 11. Prepare Technical Report Earth Tech will prepare a technical report documenting the methodology, assumptions, and analysis results described in this scope of work. It is anticipated the technical report will include the following figures: • Depiction of existing storm sewer capacity modeling results showing which rain event can be contained within the system without surface surcharging (1 large format figure) • Schematic figures of BMP locations, inlets, outlets, and detention footprint for up to 5 alternative management measures. (up to 5 11 x 17 figures) • Depiction of Isost- management storm sewer capacity modeling results showing which rain event can be contained within the system without surface surcharging (1 large format figure). 12. Meetings: Include two (2) meetings with city staff, a Storm Water Utility Committee Meeting and a Common Council Workshop to present the findings. Page 5 of 6 Conssf 98k (Aug 13, 1998) Assumptions /Conditions 1. The proposed storm sewer alteratives will not account for potential site constraints such as utility conflicts (excluding sanitary sewers shown on the data provided by the City), bedrock, soil conditions, environmental concerns, or other site conditions. 2. Earth Tech will not be responsible to validate the accuracy of the data and information provided by the City. Schedule It is estimated that the tasks described within this scope of work will be completed within 12 weeks of the City's notice to proceed. Budget. A total budget for the scope described above is $ 41,500.00. The basis for this estimate is shown below. tsua et l ur L1►,Il rl. � Task ,�,L 1 .O- Sr. QA /QC Hours Proj Engr Hours - GIS Hours Survey Total Hours Survey 8 32 40 36 Sub -basin Delineation 4 24 8 Prepare Hydrologic Input 10 8 18 Model assembly 24 24 Model troubleshoot/QC 4 8 12 Existing Condition Model Runs 16 16 Identify Deficiencies 6 6 12 Develo Alternatives 8 8 Evaluate Alteratives 16 48 8 72 Post Mitigation H & H Model 16 4 20 Provide Sizing Information 12 12 Pre are R ort 16 32 12 60 Meetings (4) 16 16 32 Total Hours 56 1 228 46 1 32 362 Total Labor Costs: $ 41,500 Earth Tech shall keep the CLIENT informed on the progress of the work and although a line item amount may be exceeded, the total amount indicated will not be exceeded without written authorization of the CLIENT. Page 6 of 6 Conssf.98k (Aug 13, 1998)