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HomeMy WebLinkAboutOmnni Associates, Inc-Illicit Discharge Detection/Elimination City of Oshkosh Department of Public Works 215 Church Avenue P.O. Box 1130 Oshkosh, Wisconsin 54903 -1130 (920) 236 -5065 Ol - KOJH ON THE WATER June 16, 2010 Mr. Brian Wayner, PE Omnni Associates, Inc. One Systems Drive Appleton, WI 54914 Re: Illicit Discharge Detection and Elimination Initial Field Screening Contracts for Professional Services Dear Mr. Wayner: Enclosed please find a signed agreement for your proposal for professional services regarding the above - mentioned project. I have enclosed a copy of the purchase order for this project. Please reference the purchase order number on all invoices. If you have any questions, please call our office at (920) 236 -5065. Thank you. Sincerely, 06 C . ate-led David C. Patek Director of Public Works DCP /clm Enclosure cc: Pam Ubrig, City Clerk (w /original) Lynn Lorenson, City Attorney (w /copy) File Copy (w /original) AGREEMENT THIS AGREEMENT, made on the 1 6114 day of .v NE , 2010, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and OMNNI ASSOCIATES, INC, One Systems Drive, Appleton, WI, hereinafter referred to as the CONSULTANT, WITNESSETH: That the CITY and the CONSULTANT, for the consideration hereinafter named, agree as follows: ARTICLE I. PROJECT MANAGER A. Assignment of Project Manager. The CONSULTANT shall assign the following individual to manage the project described in this contract: Brian Wayner, P.E., Environmental Manager B. Changes in Project Manager. The CITY shall have the right to approve or disapprove of any proposed change from the individual named above as Project Manager. The CITY shall be provided with a resume or other information for any proposed substitute and shall be given the opportunity to interview that person prior to any proposed change. ARTICLE II. CITY REPRESENTATIVE The CITY shall assign the following individual to manage the project described in this contract: James Rabe, P.E., CPESC, Civil Engineer II ARTICLE III. SCOPE OF WORK The CONSULTANT shall provide the services described in the Ongoing Field Screening 2010 — 2013 Proposal. The Proposal is attached to, and a part of this agreement. The CONSULTANT may provide additional products and/or services if such products /services are requested in writing by the Authorized Representative of the City. ARTICLE IV. CITY RESPONSIBLITIES I:\Engineering \Storm Water Information \Illicit Disharge Program \Ongoing Page 1 of 4 Outfall Screening Program \Contract Stuff\IDDE Ongoing Field Screening 2010 -2013 Agreement Form.doc The CITY shall furnish, at the CONSULTANT's request, such information as is needed by the CONSULTANT to aid in the progress of the project, providing it is reasonably obtainable from CITY records. To prevent any unreasonable delay in the CONSULTANT' s work the CITY will examine all reports and other documents and will make any authorizations necessary to proceed with work within a reasonable time period. ARTICLE V. TIME OF COMPLETION The work to be performed under this contract shall be commenced and the work completed within the time limits listed below: 1. Completion of Field Screening: Annually by September 30. 2. Delivery of Draft Summary Report: Annually by October 31. 3. Delivery of updates to ASIST database: Annually by November 30. 4. Delivery of Final Report: Annually by December 30. ARTICLE III. PAYMENT A. The Contract Sum. The CITY shall pay to the CONSULTANT for the performance of the contract on a time and materials basis not to exceed the total of $149,120.00, adjusted by any changes hereafter mutually agreed upon in writing by the parties hereto. Personnel Fee Schedules shall be firm for the duration of this Agreement. Mileage rates and chemical reagent costs shall be reviewed annually to determine if Contract costs require adjustment. B. Method of Payment. The CONSULTANT shall submit itemized monthly statements for services. The CITY shall pay the CONSULTANT within 30 calendar days after receipt of such statement. If any statement amount is disputed, the CITY may withhold payment of such amount and shall provide to CONSULTANT a statement as to the reason(s) for withholding payment. C. Additional Costs. Costs for additional services shall be negotiated and set forth in a written amendment to this agreement executed by both parties prior to proceeding with the work covered under the subject amendment. ARTICLE IV. CONSULTANT TO HOLD CITY HARMLESS The CONSULTANT covenants and agrees to protect and hold the City of Oshkosh harmless against all actions, claims and demands of any kind or character whatsoever which may in any way be caused by or result from the intentional or negligent acts of the CONSULTANT, his agents or assigns, his employees or his subcontractors related however remotely to the performance of this Contract or be caused or result from any violation of any law or administrative regulation, and shall I:\Engineering \Storm Water Information \Illicit Disharge Program \Ongoing Page 2 of 4 Outfall Screening Program \Contract StufI MDDE Ongoing Field Screening 2010 -2013 Agreement Form.doc indemnify or refund to the City all sums including court costs, attorney fees and punitive damages which the City may be obliged or adjudged to pay on any such claims or demands within thirty (30) days of the date of the City's written demand for indemnification or refund. ARTICLE V. INSURANCE The CONSULTANT agrees to abide by the attached City of Oshkosh Insurance Requirements. ARTICLE VI. TERMINATION A. For Cause. If the CONSULTANT shall fail to fulfill in timely and proper manner any of the obligations under this Agreement, the CITY shall have the right to terminate this Agreement by written notice to the CONSULTANT. In this event, the CONSULTANT shall be entitled to compensation for any satisfactory, usable work completed. B. For Convenience. The CITY may terminate this contract at any time by giving written notice to the CONSULTANT no later than 10 calendar days before the termination date. If the CITY terminates under this paragraph, then the CONSULTANT shall be entitled to compensation for any satisfactory work performed to the date of termination. This document and any specified attachments contain all terms and conditions of the Agreement and any alteration thereto shall be invalid unless made in writing, signed by both parties and incorporated as an amendment to this Agreement. In the resence of: �� CONSULTANT . 1z."–e—/ ./:,:i,,,,,,,, By: lc Etv.v.i�,v A` Mara AFC. (Title) Seal if Corporation By: -Arne/ A im.► _ — = - ,e1 --- OtaAeX�71a..�S 04.c (Title) I:\Engineering \Storm Water Information \Illicit Disharge Program \Ongoing Page 3 of 4 Outfall Screening Program \Contract Stuff\IDDE Ongoing Field Screening 2010 -2013 Agreement Form.doc CITY OF OSHKOSH By: y:01 G . Mark A. Rohloff, City Manager (Witness) And: Wi illi f ° &114/Aji il l J()) c. 1Q Pamela R. .rig, City Cler (Witness) NO APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which will ew e— accrue under this contract. Lorensonl' 4 4 / I � Pe eL�no, Director of Finance ggY I:1Engineering \Storm Water Information \Illicit Disharge Program \Ongoing Page 4 of 4 Outfall Screening Program \Contract Stuff\IDDE Ongoing Field Screening 2010 -2013 Agreement Form.doc IDDE Ongoing Field Screening Proposal City of Oshkosh Illicit Discharge Detection and Elimination Ongoing Field Screening 2010 -2013 1) Scope of Services Consultant shall provide the following services annually for a four -year inspection cycle as outlined in the City of Oshkosh's Ongoing Screening Program. a) Project Management and Administration i) Setup project for ongoing field screening program. ii) Provide up to four status letters with invoices. iii) Address ongoing screening program questions from City staff. b) Meetings i) Prepare annual PowerPoint presentation with handouts summarizing each year's field activities and recommendations for the next year's program and submit to City for review. ii) Present each year's field activities and recommendations to City staff. iii) Present each year's field activities and recommendations to Stormwater Utility Committee. c) Field Screening Conduct field screening of previously mapped outfalls in compliance with section 2.3.3 of the WPDES General Stormwater permit. 1) Upstream manholes shall be prescreened prior to outfall inspection. Prescreening results shall be reported to the City. Prescreening results will allow the City to take corrective actions at the manholes, if required (accessing, repairing, and removing sediment and /or debris). The 2010 prescreening services are being provided under the 2009 contract. ii) For each outfall, the geographic location shall be verified; a digital photograph showing the general location and configuration shall be taken; a digital photograph and video showing flow or the absence of flow shall be taken; and physical data on the outfall shall be taken. iii) For outfalls that are partially or fully submerged and show signs of flow, the stormwater sample shall be collected from the next accessible upstream location. iv) For outfalls that are flowing 72 or more hours after a rain event, flow characteristics shall be documented. d) Sampling and Testing Outfalls Indicator parameters (pH, temperature, chlorine, copper, ammonia, detergent, and phenol) shall be measured and reported as outlined in the City's Ongoing Screening Program. e) Preparation of Outfall Reports i) Produce inspection reports for each inspected outfall, including outfall locator maps, general outfall characteristics and illicit discharge indicator parameters. OMNNI Associates, Inc. Proposal 6/2/10 1 City of Oshkosh IDDE Ongoing Field Screening 2010 -2013 IDDE Ongoing Field Screening Proposal ii) Enter screening information into the ASIST database. (Outfalls are being entered under the 2009 contract.) f) Preparation of Summary Report Produce a program summary report for each year of the program describing the outfall screening procedures that were followed, summary of observations, individual outfall reports, and a discussion of any potential illicit discharges that were discovered. g) Update Ongoing Screening Program Update the City's ongoing screening matrix to include the results of the current year's screening and recommendations for future screening events. h) Potential Illicit Discharge Tracking Upon the discovery of a potential illicit discharge, Consultant shall notify the City's Illicit Discharge Coordinator and, as requested by the City, assist the City with operations required to trace the source of the discharge. 2) Submittals and Deliverables a) Outfall reports shall be provided in hardcopy and PDF format. b) Summary reports for damaged outfalls, outfalls with graffiti, or outfalls that have significant sediment buildup will be sent to the City by email. c) Outfall photographs and flow videos shall be provided to the City on a DVD -ROM. d) Draft field screening summary report, including the outfall reports for the screened outfalls, shall be provided in hardcopy (three color copies and one black and white copy). e) Final field screening summary report, including the outfall reports for the screened outfalls, shall be provided in hardcopy (two color copies) and PDF format. 3) Schedule a) Consultant shall start the administrative portion of the project as soon as authorization is received from the City. b) Because field screening must be conducted during periods of dry weather (typically 72 hours or more following a rainfall event), the timing of field work is very weather dependent. c) Consultant shall exercise its reasonable efforts to perform those Services and deliver the related Documents each year of the four -year contract by December 15t i) Anticipated completion of field screening— on or before September 30 ii) Anticipated delivery of draft summary report — on or before October 31 iii) Anticipated update to the ASIST Database — on or before November 30th 4) Compensation An estimated annual breakdown of the anticipated personnel, hours and costs to perform the ongoing field screening is summarized below. The cost estimate based on screening 100 outfalls per year over a four -year contract. The overall yearly cost may vary slightly based on actual number of outfalls screened. OMNNI Associates, Inc. Proposal 6/2/10 2 City of Oshkosh IDDE Ongoing Field Screening 2010 -2013 IDDE Ongoing Field Screening Proposal a) Project Management / Administration Yearly Cost Breakdown: Brian Wayner F 121hrs $1,140001 I , !Jason Weis 4: hrs i $380001 2010 Program Cost u = $34,482.50 E € ITotal 16 hrs $1,520.001 2011 Program Cost' = $38,212.50 . __.!. ____. ___ _, w__ .._ .,..._. _ ,___._ _. _ ..__.._ ._.___..w ! 2012 Program Cost' = $38,212.50 b) Meetings 2013 Program Cost' = $38,212.50 ! Brian Wayner 10!hrs $950.001 1 Jason Weis 14 hrs $1,330001 i Includes $5,000 contingency for Expenses _ ...._ I Total 24Ihrs $2,325.00( i $45 00' assistance in tracking potential illicit _..- -. - -- i discharges. Also includes second Consultant staff for field screening. cj Field Screening 3 . If City provides staff for field i Upstream Manhole Pre - Screening _._ Y p 'Jason Weis 25 hrs $2,375.001 screening, cost will be reduced. ? Ben Wildenburg 25 hrs $1,250.00 Expenses $105.00! Upstream manhole pre-screening 1 Total , 50 hrs $3,730.00! is included under the 2009 contract. a I 1 i 1 r ._ ii) Field Screening (O utfalls and Manholes) Expense cost under field screening i Brian Wayner 1- 2,hrs $190.00 shall be reviewed annually to ■ 1 Jason Weis ! 6 $6,460.00: determine if vehicle mileage costs I Ben Wildenburg 66 $3,30000, and reagent costs need to be r Ex enses $780 00- # p i._ adjusted. ( 'Total 136' hrs $10,730.001 Id) Sampling and Testing of Outfalls FT Brian Wayner 18Ihrs r $1,710 001 f Expenses 3 $500 001 Total hrs $2,210.001 ; e) Preparation of Outfall Reports and ASIST Database Update F 1 E !Jason Weis 78 5lhrs $7,457.50 Expenses 3 $945.00 Total i 78 S hrs $8,402.501 !f Preparation of Final Reporter_ TBnan Wayner ;_ 7; hrs ! $665.004 i liason Weis E 34Ihrs $3,230.001 i Expenses e... ~_ $2000; � .. l !Total 41Ihrs $3,915.00 . 1 ig) Update Ongoing Field Screening Program i 1Jason Weis 4hrs $380.00, ;Total 4;hrs $380.001 Ih) Contingency for Tracking Illicit Discharges Upstream to Source ,Brian Wayner ?$95 /hr ...i. ._Jason Weis $95 /hr ;Expenses at cost 5,000.00 ;Total $ , OMNNI Associates, Inc. Proposal 6/2/10 3 City of Oshkosh IDDE Ongoing Field Screening 2010 -2013 EXHIBIT A INSURANCE REQUIREMENTS FOR "PROFESSIONAL LIABILITY" PROVIDERS FOR CITY OF OSHKOSH It is hereby agreed and understood that the insurance required by the City of Oshkosh is primary coverage and that any insurance or self insurance maintained by the City of Oshkosh, its officers, council members, agents, employees or authorized volunteers will not contribute to a loss. All insurance shall be in full force prior to commencing work and remain in force until the entire job is completed and the length of time that is specified, if any, in the contract or listed below whichever is longer. 1. PROFESSIONAL LIABILITY A. Limits (a) $1,000,000 each claim /$1,000,000 annual aggregate B. Must continue coverage for 2 years after final acceptance for service /job 2. GENERAL LIABILITY COVERAGE A. Commercial General Liability (a) $1,000,000 each occurrence limit (b) $1,000,000 personal injury and advertising injury (c) $2,000,000 general aggregate (d) $2,000,000 products — completed operations aggregate B. Claims made form of coverage is not acceptable. C. Insurance must include: (a) Premises and Operations Liability (b) Contractual Liability (c) Personal Injury (d) Explosion, collapse and underground coverage (e) Products /Completed Operations (f) The general aggregate must apply separately to each project/location 3. BUSINESS AUTOMOBILE COVERAGE A. $500,000 Combined Single Limit for Bodily Injury and Property Damage each accident B. Must cover liability for "Any Auto" — including Owned, Non -Owned and Hired Automobile Liability Insurance Requirements Professional Liability 3 -29 -06 4. WORKERS COMPENSATION AND EMPLOYERS LIABILITY — If required by Wisconsin State Statute or any Workers Compensation Statutes of a different state. A. Must carry coverage for Statutory Workers Compensation and Employers Liability limit of: $100,000 Each Accident $500,000 Disease Policy Limit $100,000 Disease — Each Employee 5. ADDITIONAL PROVISIONS *Additional Insured — On the General Liability Coverage and Business Automobile Coverage. City of Oshkosh, and its officers, council members, agents, employees, and authorized volunteers shall be Additional Insureds. *Certificates of Insurance A copy of the Certificate of Insurance must be on file with the City Clerk. *Notice NOTE: City of Oshkosh requires 30 day written notice of cancellation, non - renewal or material change in the insurance coverage. *The insurance coverage required must be provided by an insurance carrier with the "Best" rating of "A' — VII" or better. All carriers shall be admitted carriers in the State of Wisconsin. INSURANCE REQUIREMENTS STREET /SIDEWALK OBSTRUCTION PERMITS / WORK IN RIGHT -OF -WAY PERMITS 1 -1 -03 Insurance Requirements Professional Liability 3 -29 -06