HomeMy Public PortalAboutTybee NPDES 2020-2021.pdfNovember 2020
PROFESSIONAL SERVICES AGREEMENT between
The CITY OF TYBEE ISLAND, GEORGIA and GOODWYN MILL AND
CAWOOD, INC.
THIS IS AN AGREEMENT made this ,' day of/rd)/ 2020 between the City of
Council of Tybee Island, Georgia, a political subdivision of the State of Georgia, ("CITY") and
Goodwyn Mills and Cawood, Inc., (GMC) an Alabama corporation, ("CONSULTANT"). The
CITY wishes to engage CONSULTANT to provide professional consulting services to assist the
CITY with compliance related to its National Pollutant Discharge Elimination System (NPDES)
Phase I Municipal Separate Storm Sewer System (MS4) Medium Permit. The following
summarizes the contents of this AGREEMENT:
Section 1.0
Section 2.0
Section 3.0
Section 4.0
Section 5.0
— General Considerations
— CITY Responsibilities
— CONSULTANT Responsibilities
— Project Scope of Services and Schedule Summary
— Project Budget and Payments to CONSULTANT
1.0 SECTION 1.0 — GENERAL CONSIDERATIONS
1.1
Commencement. Upon execution of this AGREEMENT, the CONSULTANT shall enter
into a contract with the CITY for the services specified herein. The CONSULTANT
recognizes that timely, quality service will be essential to complete this project and the
services contemplated under this AGREEMENT. This AGREEMENT will take effect
upon delivery of executed AGREEMENT to both parties.
1.2 Term of AGREEMENT. The initial term of this AGREEMENT shall end on May 15,
2020, or upon submittal of the NPDES Phase I MS4 Annual Report to the Georgia
Environmental Protection Division, whichever is later. The term of the AGREEMENT may
be modified upon mutual consent of both parties.
1.3 Termination of AGREEMENT. Either party, upon giving 30 days written notice, may
terminate this AGREEMENT at any time without cause. Termination of this
AGREEMENT by either party shall not impair or affect whatever rights, including
payment for services performed prior to termination either party may have under this
AGREEMENT. Further, if the CONSULTANT fails to fulfill its contractual obligations
as specified herein, the CITY may, by giving written notification to the CONSULTANT,
terminate the AGREEMENT for such default. If the AGREEMENT is so terminated, the
CONSULTANT shall be paid only for the work satisfactorily completed.
1.4 Successors and Assigns. CITY and CONSULTANT each is hereby bound and the
partners, successors, executors, administrators, assigns and legal representatives of each
are bound, to the other party to this AGREEMENT and to the partners, successors,
executors, administrators, assigns and legal representatives of such other party, in respect
to all covenants, agreements and obligations of this AGREEMENT. Neither CITY nor
CONSULTANT shall assign, sublet or transfer any rights under or interest in (including,
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but without limitation, moneys that may become due or moneys that are due) this
AGREEMENT without the written consent of the other. Nothing herein shall be
construed to give any rights or benefits hereunder to anyone other than CITY and
CONSULTANT.
1.5 License, Permits and Taxes. The CONSULTANT shall be responsible for all applicable
licenses, permits and taxes incurred during the performance of this AGREEMENT.
1.6 Indemnification and Hold Harmless. The CONSULTANT shall indemnify and hold the
CITY and its officers, agents, employees and assigns, harmless from any liability imposed
for injury arising during the completion of work outlined in this AGREEMENT, or in any
manner directly or indirectly caused, occasioned or contributed to, in whole or in part, by
reason of a negligent act or omission, including strict liability or negligence of
CONSULTANT, or of anyone acting under the CONSULTANT's direction or control or
on its behalf, in connection with this AGREEMENT.
1.7 Limits of Liability. In recognition of the relative risks, rewards and benefits of the project
to both the CITY and CONSULTANT, the risks have been allocated such that
CONSULTANT and the CITY agree that, to the fullest extent permitted by law, and
notwithstanding any other provision of this Agreement, the total liability, in the aggregate,
of CONSULTANT and CONSULTANT 's officers, directors, employees, agents and
subconsultants, to the CITY and anyone claiming by, through or under CITY, 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 CONSULTANT or CONSULTANT 's officers, directors,
employees, agents or subconsultants, shall not exceed limits of professional errors and
omissions liability insurance.
1.8 Ownership of Project Documents and Reports. All documents and reports prepared by
the CONSULTANT pursuant to this AGREEMENT are instruments of service and shall
be the joint property of the CITY and CONSULTANT upon completion. The CITY may
reproduce and distribute these documents to appropriate parties; however, certain
documents may not be suitable for re -use by the CITY on other project(s) without proper
consultation with the CONSULTANT. The CONSULTANT may use the work product
developed under this AGREEMENT for future marketing and project endeavors.
1.9 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 CONSULTANT's scope of services for this project does not include
any services related to hazardous wastes. CONSULTANT and the CITY agree that the
discovery of unanticipated hazardous materials constitutes a changed condition mandating
a renegotiation of the scope of work or termination of services. CONSULTANT and the
CITY also agree that the discovery of unanticipated hazardous materials may make it
necessary for CONSULTANT to take immediate measures to protect human health and
safety, and/or the environment. CONSULTANT agrees to notify the CITY as soon as
practically possible should unanticipated hazardous materials or suspected hazardous
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materials be encountered. The CITY encourages CONSULTANT to take any and all
measures that in CONSULTANT's professional opinion are justified to preserve and
protect the health and safety of CONSULTANT's personnel and the public, and/or the
environment, and the CITY agrees to compensate CONSULTANT for the additional cost
of such work.
1.10 CITY Disclosure. CITY agrees (on an ongoing basis) to advise CONSULTANT of any
hazardous substance or any condition, known or that reasonably should be known by CITY,
existing in, on, or near the site that presents a potential danger to human health, the
environment, or CONSULTANTS equipment. CONSULTANT 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 CITY's responsibility.
1.11 Controlling Law. This AGREEMENT is to be governed by the laws of the State of
Georgia. The parties hereby agree and stipulate this AGREEMENT was made and entered
into in Chatham County, Georgia, which shall be appropriate venue for any action brought
relating thereto. CONSULTANT shall comply with all applicable CITY, State and Federal
provisions related to its performance of the work under this AGREEMENT.
1.12 Severability and Reformation. Any provision or part thereof of this AGREEMENT held
to be void or unenforceable under any law shall be deemed stricken, and all remaining
provisions shall continue to be valid and binding upon the parties. The parties agree that
this AGREEMENT shall be reformed to replace such stricken provision or part thereof
with a valid and enforceable provision which comes as close as possible to expressing the
intention of the stricken provision.
1.13 Non-discrimination. CONSULTANT shall not discriminate in the employment of persons
engaged in the performance of this AGREEMENT on account of race, color, national
origin, ancestry, religion, sec, marital status, physical handicap, or medical condition, in
violation of any federal or state law. CONSULTANT shall comply with all requirements
of the CITY with regards to employment while this AGREEEMNT is in effect.
2.0 SECTION 2.0 — CITY'S RESPONSIBILITIES
CITY and/or CITY Staff shall:
2.1 Provide all information for the project, including project objectives and constraints,
performance requirements, flexibility and expendability, any budgetary limitations, copies
of relevant documents and access to relevant files, software and hardware necessary to
execute the work effort.
2.2 Promptly furnish to CONSULTANT the information requested by CONSULTANT that is
needed for rendering of services defined herein. The CITY shall provide to the
CONSULTANT all such information that is available to the CITY, and the
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CONSULTANT shall be entitled to rely upon the accuracy and completeness thereof. The
CONSULTANT recognizes that it is impossible for the CITY to assure the accuracy,
completeness and sufficiency of information provided to CONSULTANT by CITY or third
parties.
2.3 Assist CONSULTANT by placing at his disposal all available information pertinent to the
project including previous reports and any other data relevant to project.
2.4 Undertake and perform the CITY's project related responsibilities as specified in Section
4.0 of this AGREEMENT. Allow the CONSULTANT reasonable access to designated
CITY staff personnel and property related to execution of specific work tasks that the CITY
staff will perform.
2.5 Assist/arrange for access to and make all provisions for CONSULTANT to enter upon
public and private property as required for CONSULTANT to perform his services.
2.6 Designate a person (or persons) to act as CITY's representative(s) with respect to the
management, technical and production related activities to be performed by the CITY
under this AGREEMENT. Such person(s) shall have complete authority to transmit
instructions, receive information, interpret and define CITY's policies and decisions with
respect to materials, equipment, elements and systems pertinent to CONSULTANT's
services.
3.0 SECTION 3.0 — CONSULTANT'S RESPONSIBILITIES
3.1 Standard of Care. The CONSULTANT shall manage and perform the work in
accordance with applicable laws and codes. By execution of this AGREEMENT, the
CONSULTANT warrants that he/she is possessed of the requisite skill and ability which
is ordinarily possessed by other members of his/her profession. CONSULTANT will
exercise such degree of skill and ability as is ordinarily employed by professionals who
practice in the State of Georgia under similar conditions and like circumstances, and he/she
shall perform such duties without neglect, and shall not be liable except for failure to
exercise such appropriate degree of care, learning, skill and ability.
3.2 Authorized Representative. CONSULTANT shall designate a person (or persons) to act
as CONSULTANT's representative(s) with respect to the services to be rendered under
this AGREEMENT. Such person(s) shall have complete authority to transmit instructions,
receive information, interpret and define CONSULTANT's policies and decisions with
respect to materials, equipment, elements and systems pertinent to this AGREEMENT.
3.3 Insurance. The CONSULTANT shall maintain the following insurance requirements
during the time of performance of the services outlined in this AGREEMENT for the
contract period. An insurance certificate must be on file with the CITY Administrator's
office within four weeks of the signing of the contract by both parties.
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A. General Liability Insurance, with a combined single limit of $1,000,000 for each
occurrence and $2,000,000 in the aggregate;
B. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each
person and $1,000,000 for each accident;
C. Worker's Compensation insurance in accordance with statutory requirements, with a
limit of $500,000 for each occurrence;
4.0 SECTION 4.0 — PROJECT SCOPE OF SERVICES
The specific services which the CONSULTANT agrees to furnish and the terms the
CONSULTANT agrees to follow are set forth herein. The CONSULTANT shall furnish
the services to provide professional consulting services to assist the CITY with
implementation of its NPDES Phase I Medium MS4 Permit.
4.1 Task 1: Update of Tybee Island NPDES Phase I Medium MS4 Stormwater Management
Plan (SWMP) and Supporting Plans
GMC will coordinate a meeting to discuss the City's current SWMP and recent comments
by the Georgia Environmental Protection Division (EPD), dated April 21, 2020, on the
SWMP, Illicit Discharge Detection and Elimination (IDDE) Plan, Impaired Waters, Green
Infrastructure/Low Impact Development (GI/LID) Plan, and Enforcement Response Plan
(ERP). Our team will facilitate discussions with City staff on the City's current NPDES
Phase I MS4 compliance approach, the existing SWMP, and any desired or required
changes. Based on this meeting, and our experience assisting other local NPDES Phase 1
MS4 Permittees comply with these same requirements, we will update these documents for
the City of Tybee Island. We will provide drafts of the updates to the City staff for their
review and we will make updates to the drafts based on this feedback. We will work with
City staff to ensure that these documents are submitted to EPD prior to the City's deadline
of December 22, 2020. If there are additional comments provided by EPD on this future
submittal in December of 2020, GMC can assist the City with addressing those comments
as an hourly additional service.
GMC will also assist the City with preparing a written response letter to accompany the
revised SWMP and associated plans that will be submitted to the Georgia EPD. This
response letter will explain how the City has addressed the information and requests
specified in the Georgia EPD's April 21St letter.
4.2 Task 2: Dry Weather Screening/Illicit Discharge Monitoring
Per the City's SWMP, GMC will perform Dry Weather Screening in accordance with the
procedure submitted to EPD and included in the City's SWMP. GMC will also perform
Dry Weather Screening in accordance with the Coastal IDDE Plan Guidelines provided by
the Georgia EPD in the April 21, 2020 letter to the City of Tybee. The City should be
conducting dry weather screening for about 20% of their outfalls per reporting period, so
GMC will conduct dry weather screening for 9 outfalls in the 2020-2021 reporting period.
We also understand that Tybee Island did not conduct any dry weather screening during
the 2019-2020 reporting period, so we will also perform another 20% or 9 additional
outfalls during this reporting period.
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For each MS4 Outfall, GMC staff will complete a Dry Weather Screening Form. If flow is
not present, the GMC field staff will note it as such, take a photograph of the outfall, and
complete the necessary sections of the form — (1) background data, (2) outfall description,
and (3) physical indicators for flowing and non -flowing outfalls. If flow is present, GMC
field staff will visually evaluate additional physical indicators of odor, color, turbidity, and
floatables. The field staff will also measure temperature, pH, salinity, turbidity, and
conductivity using a Horiba U-53 probe. The field staff will calibrate the equipment in
accordance with standard protocols and also perform a factory calibration once per year,
in compliance with QA/QC procedures. A fecal coliform grab sample will be taken and
brought to an accredited laboratory, if the field results indicate potential sewage or when
there is visual evidence including milky white or gray color and floatables, a sewage odor,
or other applicable evidence of potential sanitary sewer discharge. The GMC field staff
will gather all results and complete the Dry Weather Screening Forms. For outfalls where
an illicit discharge is suspected, the field staff will provide the City with the location of the
outfall and the sampling results, such that the City staff can initiate source tracing activities,
as appropriate. If requested by the City, the GMC staff may assist with any required source
tracing activities, including GIS analysis of land uses and potential sources and additional
upstream water quality monitoring. (Source tracing services are considered out -of -scope
and can be performed, upon request, as hourly, additional services, and charged
accordingly.)
4.3 Task 3: Education, Training, and Community Outreach
GMC will assist the City with implementing their Public Education and Public
Involvement BMPs outlined in their SWMP. For the relevant activities listed in the City's
SWMP, GMC will assist the City by performing the following tasks,
upon request from City staff:
• Provide information, links, and documents to download that can be included on the
City's stormwater webpage to ensure the City complies with its annual stormwater
webpage update requirement.
• Provide City with electronic versions of educational material related to industrial
and highly visible pollutant sources (HVPS) facilities, so that this information can
be distributed to facility managers during the City's inspection of these facilities.
• Provide support to the City for annual meeting of the Master Plan Implementation
Committee (or similar meeting) that discusses stormwater issues.
GMC will also lead a training session on the NPDES Phase I SWMP with City staff, in
accordance with the requirements of the NPDES Phase I MS4 permit. GMC staff will
develop training materials, provide a sign -in sheet, and maintain adequate documentation
for the City's Annual Report. This training session may be conducted in coordination
with other NPDES permittees in Chatham County. Training materials provided by GMC
may also be in the form of a video or PowerPoint presentation that the City may provide to
appropriate field and supervisory staff during staff meetings. Alternatively, GMC may
provide training opportunities for Staff to attend, such as Regional Stormwater Committee
meetings in combination with one or more of the previously -listed training methods.
4.4 Task 4: MS4 Inventory Update & Inspection of the Stormwater Inventory
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Tybee Island is required to inspect 100% of its stormwater system before the end of the
2017-2022 permit period; in addition, the City is responsible for updating its GIS inventory.
EPD has noted in its comment letter that the MS4 GIS Inventory provided in the SWMP is
incomplete, and it is our understanding that Tybee Island no longer contracts with CRD to
maintain or update this inventory. As such, we believe it is essential for the City to perform
and update the GIS inventory of its drainage infrastructure to ensure that the City remains
compliant with the NPDES Permit. This updated GIS layer will also be useful for the City' s
CRS submittal (as it is also a requirement of that program). Furthermore, this GIS inventory
can become a tool for the City's public works department to utilize for the purposes of
documenting maintenance activities.
GMC staff will perform a field update of the City's drainage infrastructure, including catch
basins, pipes, ditches, and outfalls. While we are performing this GIS work, GMC staff
will also perform an NPDES-compliance inspection of the City's MS4 structures
inventoried, based on the procedures included in the 2017 SWMP. The inspection results
will be recorded in the GIS database. GMC staff will ensure that at least 20% of the
system's structures are updated through the field inventory and inspected, in order to ensure
that the City meets its permit obligations.
Any maintenance or structural issues discovered in the field will be compiled, prioritized
and provided to the City so that maintenance can be scheduled and performed by City
personnel or their designee. GMC will provide the updated GIS database to the City in any
format desired and will summarize the results for inclusion in the Annual Report.
4.5 Task 5: GI/LID Inventory & Inspections
EPD has required Tybee Island to update its inventory of GI/LID structures and to perform
inspections of the GI/LID structures. GMC will update the database (prior to submittal of
the GI/LID Plan to EPD in December) and perform inspections of approximately 40% of
the structures using the inspection forms that are included in the GI/LID Plan for inclusion
in the Annual Report due May 15, 2021.
4.6 Task 6: Highly Visible Pollutant Sources (HVPS) & Municipal Inspections
GMC staff will perform stormwater site inspection for approximately 20% of the City's
HVPS sites based on the inventory and procedures included in the SWMP. Any issues
discovered in the field will be reported to the City so that enforcement actions can be taken
in accordance with the ERP, as needed. GMC will provide and summarize the results for
inclusion in the Annual Report. In addition, GMC will perform stormwater site inspections
for the City municipal facilities identified in the SWMP, including the Public Works and
the Wastewater Treatment Plant.
4.7 Task 7: NPDES Annual Report 2020-2021 Preparation & Assistance
GMC will prepare the City's NPDES Phase I MS4 Annual Report covering the period of
April 1, 2020 to March 31, 2021. In early 2021, GMC will provide City staff with a
compliance matrix that will include a list of documentation that is needed for the Annual
Report, after which, GMC staff will meet with City staff to review the documentation and
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identify any additional best management practices (BMPs) that need to be completed prior
to March 31, 2021. Using the documentation compiled, GMC will prepare the Annual
Report document, as well as documentation related to any other tasks completed by GMC
staff, per this contract. GMC will provide the Annual Report to the City to review and
revise it based on comments received from City staff. GMC will prepare and mail the
submittal package for EPD, no later than May 15, 2021. GMC will provide the City with
an electronic copy of the Annual Report. If requested, GMC will also provide a hard copy.
Upon request, GMC can assist the City with addressing any comments from EPD on the
Annual Report for an hourly, additional fee.
4.8 Task 8: Addressing EPD Comments on the NPDES Annual Report 2019-2020
The City should anticipate receiving comments from EPD on the 2019-2020 annual report
that was submitted to EPD in May 2020. There were several activities that had not been
completed by the City during the reporting period, and EPD is likely to note that in their
review. If needed, GMC can assist the City with preparing a response to EPD comments.
GMC would perform this work on an hourly basis, upon request from the City.
4.9 Project Schedule
The scope of services will be completed in compliance with the schedule provided by EPD.
The updated SWMP and associated plans, including the ERP, IDDE Plan, and GI/LID Plan
will be submitted to EPD on or before December 22, 2020. The field work described in
this contract will be completed no later than March 31, 2021, and the 2020-2021 Annual
Report and summaries of field work activities will be completed and submitted to EPD on
or before May 15, 2021.
5.0 SECTION 5.0 — PROJECT BUDGET AND PAYMENTS TO CONSULTANT
CITY and CONSULTANT, in consideration of their mutual covenants herein, agree in respect of
the performance of professional consulting services provided by CONSULTANT and the payment
for those services by CITY as set forth below.
5.1 Compensation, The CITY shall compensate the CONSULTANT in accordance with the
schedule of fees below. CONSULTANT shall invoice the CITY on a monthly, percent
complete basis.
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Tasks
Fee
Payment
Task 1: Update of Tybee Island NPDES Phase I Medium
MS4 Stormwater Management Plan (SWMP) and
Supporting Plans
$12,900
Lump Sum, Additional Revisions are
Hourly
Task 2: Dry Weather Screening/Illicit Discharge
Monitoring
$2,700
Additional Source Tracing @
f $95/hour
Task 3: Education, Training, and Community Outreach
$2,580
i Lump Sum
Task 4: MS4 Inventory Update & Inspection of the
Stormwater Inventory
$16,140
Lump Sum
Task 5: GI/LID Inventory & Inspections
$2,280
Lump Sum
Task 6: Highly Visible Pollutant Sources (HVPS) &
Municipal Inspections
$3,360
Lump Sum
Task 7: NPDES Annual Report 2020-2021 Preparation &
Assistance
$8,520
Lump Sum
Task 8: Addressing EPD Comments on the NPDES
Annual Report 2019-2020
up to $2,500
Hourly, As Needed
5.2 Payments. For professional consulting services as outlined in this AGREEMENT, CITY
shall pay CONSULTANT the stipulated fees. CONSULTANT shall submit monthly
invoices to CITY in a format acceptable by the CITY. CITY shall endeavor to make
payment to CONSULTANT within thirty (30) days from receipt of invoice.
5.3 Hourly Services. If the CITY requests that the CONSULTANT provide services on an
hourly basis, or requests services not currently outlined in this AGREEMENT, the
CONSULTANT will perform the services in accordance with the unit rates provided in the
table below, or at a mutually agreeable fee arrangement. Prior to commencing any
requested additional services, not included in the Scope of Services in Section 4.0, the
CONSULTANT must notify the CITY promptly and provide an estimate of the budget to
complete the requested services and a schedule. No additional services shall be performed
by the CONSULTANT until written (i.e. letter) or electronic (i.e. email or fax)
authorization is received by the CONSULTANT from the CITY.
Labor Category (Proieet Professional)
Vice President
Senior Professional (Engineer, Planner, Scientist, GIS, Project Manager)
Professional II (Engineer, Planner, Scientist, GIS, Project Manager)
Professional I (Engineer, Planner, Scientist, GIS, Project Manager)
Senior Consultant (Engineer, Planner, Scientist, GIS)
Consultant II (Engineer, Planner, Scientist, GIS)
Consultant I (Engineer, Planner, Scientist, GIS)
Senior Environmental Scientist/GIS Analyst
Environmental Scientist/GIS Analyst II
Environmental Scientist/GIS Analyst I
Hourly Rate
$ 205.00
$ 195.00
$ 175.00
$ 155.00
$ 145.00
$ 135.00
$ 125.00
$ 120.00
$ 105.00
$ 95.00
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6.0 SECTION 6.0 - ACKNOWLEDGEMENT OF ACCEPTANCE
IN WITNESS WHEREOF, the parties hereto have made and executed this AGREEMENT as of
the day and year first above written. This AGREEMENT constitutes the entire AGREEMENT
between CITY and CONSULTANT.
CITY:
City of Tybee Island
403 Butler Avenue
Tybee Island, GA 31328
Signature:
Name:
Attest:
Signature:
Name: -,L o
4pto t'v o
CONSULTANT:
Goodwyn Mills & Cawood
7 East Congress Street, Suite 504
Savannah, GA 31401
Name: Courtney Reich, Vice - President
Attest:
Signature:
Name:
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