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Home My Public Portal AboutPhase I MS4 Stormwater Management Plan Assistance 5-10-17EPS ECOLOGICAL PLANNING GROUP 35 Abercorn Street, Suite 210 Savannah, GA 31401 www.ecologicalplanning.net May 10, 2017 Cory Lauber City of Tybee Island 403 Butler Ave PO Box 2749 Tybee Island, GA 31328 Re: Proposal for NPDES Phase I MS4 Stormwater Management Plan (SWMP) Revision 2017 Dear Cory, It is the understanding of Ecological Planning Group (EPG), that the City of Tybee Island has recently received a letter from the Georgia Environmental Protection Division (EPD) requiring the City to revise its SWMP to comply with the newly issued NPDES Phase I MS4 Stormwater Permit, issued on April 12, 2017. The updated SWMP is due to be submitted to EPD by October 10, 2017. EPG has previously assisted the City of Tybee Island with updates to its SWMP. Furthermore, EPG is also assisting the Cities of Port Wentworth and Thunderbolt with development of their SWMPs. Based this experience and on our working relationship with EPD and our understanding of the new NPDES Phase I MS4 requirements, EPG proposes provide the services outlined below in accordance with the Rate Schedule and Terms in Attachments A. The proposed Scope of Work will ensure that the City remains compliant and in good standing with their NPDES Phase I MS4 Permit. Scope of Services EPG will work with City staff to revise the City's Stormwater Management Plan (SWMP) in general compliance with the requirements of the reissued NPDES Phase I MS4 Permit. EPG will streamline the City's SWMP, with the goal of making it more understandable and usable for City staff. Revisions to the SWMP will include, but not necessarily be limited to: 1) changing the format to be consistent with the permit and EPD staff directives while also making the specific programs and annual report deliverables clear, 2) updating the SWMP to address new requirements, and 3) eliminating programs no longer mandated by the EPD. This task will include coordination with City staff, MPC, Chatham County, other local MS4 Permittees and the EPD. Specific deliverables are as follows: Page 2 of 5 Mr. Cory Lauber • One meeting with City staff to review SWMP and identified desired revisions. • One meeting with Chatham County and other local MS4 Permittees, as needed. • Pre -Coordination with EPD • Preparation of Revised SWMP • Draft SWMP Update for City review • Submittal of SWMP to MPC for submittal to EPD • Revision of SWMP based on EPD comments Fee The scope of work above can be completed for the lump sum budget of $7,500. Any out -of - scope work will be completed at the City's request in accordance with the fee schedule included in Attachment A. EPG will invoice the City on a monthly basis. Schedule The SWMP will be submitted by October 10, 2017, in accordance with the schedule dictated by Georgia EPD. Closing We appreciate your confidence in EPG, and we look forward to working with the City on this project. Please contact the undersigned should you have any questions, or if you need additional information. Sincerely, Ecological Planning Group Courtney Reich, AICP Principal Page 3 of 5 Mr. Cory Lauber AUTHORIZATION EPG proposes to implement the scope of work outlined herein in accordance with the terms and conditions included in Attachment A. As our authorization, please sign in the space provided below. City of Tybee Island, Georgia 1E?„ --� Buelterman, Mayor EcologigayPlanning Group, By:`L— Courtney Reicl , President EDWARD HUGHES ELLIS, PAINTER, RATTERREE & ADAMS NET LeVINER; CMC CITY CLERK Page 4 of 5 Mr. Cory Lauber ATTACHMENT A: TERMS AND CONDITIONS Ecological Planning Group. (hereinafter EPG, "we", "us", "our", "Consultant") agrees to provide Client (City of Tvbee Island), for Client's sole and exclusive use, services as set forth in Ecological Planning Group' proposal subject to the Terms and Conditions set out herein and agreed to hereby. No third party beneficiaries are made or intended by either Party to this Agreement. 1.) PAYMENT TERMS. Client agrees to pay EPG' invoice upon receipt. If payment is not received within 30 days of Client's receipt, a service charge shall apply in the amount of the greater of (i) I% per month or (ii) the allowable legal rate, including attorney's fees and expenses. EPG may (in its sole judgment and without any liability) suspend services until paid where payment outstanding more than 30 days after the date of EPG' invoice. 2.) TERMINATION OF CONTRACT. Either party may terminate this Agreement without cause upon 30 days prior written notice. In the event of termination, the Client shall pay EPG for all services rendered to the date of termination and all reimbursable expenses. 3.) INSURANCE. EPG maintains insurance coverage as follows: Worker's Compensation Insurance; Employer's Liability Insurance; Commercial General Liability Insurance; Errors & Omissions. 4.) LIMITS OF LIABILITY. In recognition of the relative risks, rewards and benefits of the project to both the Client and EPG, the risks have been allocated such that EPG and the Client agree that, to the fullest extent permitted by law, and notwithstanding any other provision of this Agreement, the total liability, in the aggregate, of EPG and EPG's officers, directors, employees, agents and EPG's consultants, and any of them, to the Client and anyone claiming by, through or under Client, for any and all claims, losses, costs or damages whatsoever arising out of, resulting from or in any way related to the Agreement from any cause or causes, including but not limited to the negligence, professional errors or omissions, strict liability or breach of contract or warranty express or implied of EPG or EPG's officers, directors, employees, agents or EPG's consultants or any of them, shall not exceed limits of professional errors and omissions liability insurance. 5.) SITE OPERATIONS. Client will provide right -of -entry to the property for EPG so EPG can provide the agreed services. Client represents that it possesses necessary permits and licenses required for activities at the site. EPG will take reasonable precautions to minimize damage to the property caused by EPG' operations. Unless otherwise stated in EPG' proposal, our charges do not include cost of restoration due to any related damage which may result. 6.) FIELD REPRESENTATIVE. The presence of EPG' or its subcontractor's field personnel, either full-time or part-time, are for the purpose of providing the agreed to services. Client agrees to inform all contractors at the site not hired by EPG that: (i) EPG' services do not include supervision or direction of the work of the contractor(s), its employees or agents, and (ii) the presence of EPG' field representative will not relieve the contractor of its responsibilities for performing the work in arrordance with the plans and specifications. It is agreed that EPG is not responsible for job or site safety or security on the project, other than for EPG' employees and subcontractors, furthermore EPG does not have the duty or right to stop the work of non- EPG contractors. 7.) DISCOVERY OF UNANTICIPATED HAZARDOUS MATERIALS. Hazardous materials may exist where there is no reason to believe they could or should be present. The client acknowledges that EPGs's scope of services for this project does not include any services related to hazardous wastes. EPG and the Client agree that the discovery of unanticipated hazardous materials constitutes a changed condition mandating a renegotiation of the scope of work or termination of services. EPG and the Client also agree that the discovery of unanticipated hazardous materials may make it necessary for EPG to take immediate measures to protect human health and safety, and/or the environment. EPG agrees to notify the Client as soon as practically possible should unanticipated hazardous materials or suspected hazardous materials be encountered. The Client encourages EPG to take any and all measures that in EPG professional opinion are justified to preserve and protect the health and safety of EPG personnel and the public, and/or the environment, and the Client agrees to compensate EPG for the additional cost of such work. 8.) CLIENT DLSCLOSURE. Client agrees (on an ongoing basis) to advise EPG of any hazardous substance or any condition, known or that reasonably should be known by Client, existing in, on, or near the site that presents a potential danger to human health, the environment, or EPG' equipment EPG does not assume control of the site or undertake responsibility for reporting to any federal, state or local public agencies any conditions at the site that may present a potential danger to public health, safety or the environment or that may otherwise be required by applicable law, rule or regulation, all of which is the Client's responsibility. Page 5 of 5 Mr. Cory Lauber 9.) INDEMNIFICATION AND HOLD HARMLESS. EPG shall indemnify and hold harmless Client and all of Client's personnel from and against any claims, damages, losses and expenses (including attomey's fees) arising out of or resulting from the performance of the services, provided that any such claim, damage, loss or expense is caused by the negligent act, omission, and/or strict liability of EPG, anyone directly employed by EPG, or anyone for whose acts EPG may be liable. 10.) OPINIONS OF COST. If requested EPG will use its professional efforts to provide opinions or estimates of costs based on reasonably available data, EPG' designs or EPG' recommendations. However, such opinions are intended primarily to provide information on the order of magnitude of such costs, not for use in firm budgeting or negotiation unless specifically agreed otherwise, in writing with EPG. Client agrees actual costs of such work depend heavily on regional economics, local construction practices, material availability, site conditions, weather conditions, contractor skills, and many other factors beyond EPG' control. 11.) GOVERNING LAW/HARMONY/FEES. This Agreement shall be governed by the laws of the State of Georgia. The provisions of this Agreement control over any form writings, such as Purchase Orders. EPG' Fee Schedule follows, and is hereby incorporated herein by reference thereto. The Parties agree that the fee schedule attached shall be automatically adjusted to the most current fee schedule promulgated by EPG, effective the date of such promulgation. 12.) ADDITIONAL SERVICES. Additional services include increase or change in scope of project, major revisions when such revisions are inconsistent with written approvals or instructions previously given, services after award of contract in evaluation of substitutions proposed by the client, and other services that are not included under the scope of work; provided, however, that additional services shall not be classified as reimbursable expenses and will be billed at EPG's 2017 Billing Rates as shown below. EPG will only perform additional services when authorized in writing by the Owner. Position Rate Principal Planner/AICP/CFM $145/hour Sr. Planner/GISP $105/hour Sr GIS Analyst/Water Resources Engineer $90/hour Environmental Planner $80/hour Environmental Field Tech $75/hour