HomeMy Public PortalAboutEPG 2017.pdfECOLOGICAL PLANNING
GROUP
35 Abercom 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 1 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:
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Mr. Cory Lauber
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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
/ /x,(iyAtze__
Courtney Reich, AICP
Principal
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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
n Buelterman, Mayor
Ecological? Planning Group, ! LC
By: ik c
"Courtney ReicK, President
EDWARD HUGHES
ELLIS, PAINTER, RATTERREE & ADAMS
NET LeVINER, CMC
CITY CLERK
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Mr. Cory Lauber
ATTACHMENT A: TERMS AND CONDITIONS
Ecological Planning Group. (hereinafter EPG, "we", "us", "our", "Consultant") agrees to provide Client (City of Tybee
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 (11) 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 accordance 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 DISCLOSURE. 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.
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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 attorney'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
maybe 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
CONSENT TO ASSIGNMENT OF CONTRACT
City of Tybee Island ("Client") and Ecological Planning Group, LLC, a Georgia
limited liability company ("EPG"). have entered into that certain NPDES Phase I MS4
Stormwater Management Plan (SWMP) Revision 2017 dated 05/10/17 , (as amended, the
"Contract"). Client has been informed that EPG and Goodwyn, Mills & Cawood, Inc., an
Alabama corporation ("GMC") have entered into an Asset Purchase Agreement (the "Purchase
Agreement"), pursuant to which EPG has agreed to sell and assign certain of its assets, including
the Contract, to GMC. The closing of the sale of assets by EPG to GMC (the "Closing").
including the assignment of the Contract to GMC, was effective as of September 30, 2018. Client
hereby consents to EPG's assignment, in accordance with the terms of the Purchase Agreement,
of EPG's rights and obligations under the Contract to GMC, all effective as of and subject to the
Closing; provided that GMC shall as of the Closing assume all of EPG's obligations under the
Contract other than any liabilities or obligations of EPG arising out of or relating to a breach by
EPG that occurred prior to the Closing (the "Assumed Obligations"), in accordance with the
terms of the Purchase Agreement. Effective as of the Closing and subject to GMC's assumption
of the Assumed Obligations. EPG is released from the Assumed Obligations.
DATED: 02+ Lt , 2018
CLIENT NAME:
City of Tvbee Island
CONSENT TO ASSIGNMENT OF CONTRACT
City of Tybee Island _ ("Client") and Ecological Planning Group, LLC, a Georgia
limited liability company (`'EPG"}, have entered into that certain CIG Grant: Carrying
Capacity Study Implementation dated 1/18/2018 , (as amended, the "Contract"). Client has
been informed that EPG and Goodwyn, Mills & Cawood, Inc., an Alabama corporation
("GMC") have entered into an Asset Purchase Agreement (the "Purchase Agreement"), pursuant
to which EPG has agreed to sell and assign certain of its assets, including the Contract, to GMC.
The closing of the sale of assets by EPG to GMC (the "Closing"), including the assignment of
the Contract to GMC, was effective as of September 30, 2018. Client hereby consents to EPG's
assignment, in accordance with the terms of the Purchase Agreement, of EPG's rights and
obligations under the Contract to GMC, all effective as of and subject to the Closing; provided
that GMC shall as of the Closing assume all of EPG ' s obligations under the Contract other than
any liabilities or obligations of EPG arising out of or relating to a breach by EPG that occurred
prior to the Closing (the "Assumed Obligations"), in accordance with the terms of the Purchase
Agreement. Effective as of the Closing and subject to GMC's assumption of the Assumed
Obligations, EPG is released from the Assumed Obligations.
DATED` , 2018
CLIENT NAME:
City of Tybee Island
By:
Name: 4s5tir Stft L ; 4
Title:
CONSENT TO ASSIGNMENT OF CONTRACT
City of Tybee Island _ ("Client") and Ecological Planning Group, LLC, a Georgia
limited liability company ("EPG"), have entered into an agreement for NPDES Phase
I MS4 Permit compliance , dated 09/05/18 and approved on 09/27/18, (as amended, the
"Contract"'). Client has been informed that EPG and Goodwyn, Mills & Cawood, Inc., an
Alabama corporation ("GMC") have entered into an Asset Purchase Agreement (the
"Purchase Agreement"), pursuant to which EPG has agreed to sell and assign certain of its
assets, including the Contract, to GMC. The closing of the sale of assets by EPG to GMC
(the "Closing"), including the assignment of the Contract to GMC, was effective as of
September 30, 2018. Client hereby consents to EPG's assignment, in accordance with the
terms of the Purchase Agreement, of EPG's rights and obligations under the Contract to
GMC, all effective as of and subject to the Closing; provided that GMC shall as of the
Closing assume all of EPG's obligations under the Contract other than any liabilities or
obligations of EPG arising out of or relating to a breach by EPG that occurred prior to the
Closing (the "Assumed Obligations"), in accordance with the terms of the Purchase
Agreement. Effective as of the Closing and subject to GMC's assumption of the Assumed
Obligations, EPG is released from the Assumed Obligations.
DATED:.2� C .2018
CLIENT NAME:
City of Tybee Island
By:
Name: J/A►'a..-s
Title: