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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, Page 1 of 10 November 2020 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 Page 2 of 10 November 2020 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 Page 3 of 10 November 2020 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. Page 4 of 10 November 2020 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. Page 5 of 10 November 2020 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 Page 6 of 10 November 2020 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 Page 7 of 10 November 2020 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. Page 8 of 10 November 2020 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 Page 9 of 10 November 2020 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: Page 10 of 10 hrisb`io