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Agr Storm Water ConsortiumAGREEMENT for PROFESSIONAL CONSULTING SERVICES between the CITY OF SALINA, KANSAS on behalf of the KANSAS NPDES STORM WATER PHASE II CONSORTIUM and WILSON & COMPANY, INC., ENGINEERS & ARCHITECTS Salina, Kansas THIS IS AN AGREEMENT, made as of February 25, 2003 between the City of Salina, Kansas on behalf of the Kansas NPDES Storm Water Phase II Consortium (CONSORTIUM) and Wilson & Company, Inc., Engineers & Architects (CONSULTANT), with offices at 1700 E. Iron Avenue, Salina, Kansas. Under a subcontract agreement, Wilson & Company has secured the services of Camp Dresser and McKee, Inc. (CDM) to assist in providing the identified services of this Agreement. Within the Basic Services of this Agreement, the term CONSULTANT shall mean the joint Wilson & Company/CDM team. In consideration of the services to be rendered and the payments hereinafter agreed to be made, it is mutually agreed as follows: SECTION 1 — BASIC SERVICES OF CONSULTANT 1.1. Project Description 1.1.1. The CONSULTANT shall provide the services described below to assist the combined members of the CONSORTIUM in meeting the requirements of the NPDES Storm Water Phase II mandates. The CONSULTANT services will include development of common storm water program elements that are appropriate for Kansas, and that meet the specific requirements of the U.S. Environmental Protection Agency (EPA) and the Kansas Department of Health & Environment (KDHE). The common program elements include: Best management practices (BMPs) and appropriate measurable goals for each of the six Minimum Control Measures (MCMs) identified in the rule. BMPs and appropriate measurable goals for each TMDL impairment that impacts a lake and/or stream as identified and utilized by KDHE in designating the regulated small municipal separate storm sewer systems (MS4s). Example KDHE general permit application (Notice of Intent to be covered by MS4 General Permit). Standard ordinances and/or resolutions that must be enacted for rule compliance. Standard specification and drawings for erosion and sediment controls at construction sites. General storm water management program cost items and potential funding alternatives. 1.1.2. The CONSULTANT will develop the identified common program elements, present and discuss the elements at a series of educational sessions, make the elements available (electronic file) on a project web site, and make the elements available (electronic file and hard copy) in a final guidance document provided to all CONSORTIUM members. Utilizing these common program elements, each CONSORTIUM member will be responsible for submitting their own general permit application to KDHE and for developing their own storm water management program which meets the requirements of the NPDES Phase II Storm Water rule. 1.2. Basic Services. The CONSULTANT shall provide the following basic services: 1.2.1. Assign the CONSULTANT's project manager to serve as a liaison between the CONSORTIUM and the Kansas Department of Health and Environment (KDHE). This communication with KDHE will be vital to gain approval for both the anticipated project schedule and the various other scope items developed during this project. The anticipated services will include up to two meetings at the KDHE-Topeka office location and periodic telephone/email consultation. 1.2.2. Prepare a menu of Best Management Practices (BMPs) and corresponding measurable goals, specifically suited for Kansas, for each of the six minimum control measures (MCMs) identified in the NPDES Phase II regulations. The CONSULTANT will also prepare a separate menu of BMPs for each TMDL impairment that impacts a lake or stream segment as may be identified by KDHE. Electronic file and hard copies of the menus will be included in the final guidance document provided to the CONSORTIUM. The six MCMs and potential TMDL impairments are identified as follows: MCM No. I — Public Education and Outreach • MCM No. 2 — Public Involvement and Participation • MCM No. 3 — Illicit Discharge Detection and Elimination • MCM No. 4 — Construction Site Storm Water Runoff MCM No. 5 — Post -Construction Storm Water Management MCM No. 6 — Pollution Prevention/Good Housekeeping for Municipal Operations TMDL Impairments for Lakes: - Dissolved Oxygen - Eutrophication 2 - Fecal Coliform - pH TMDL Impairments for Streams: - Chloride - Dissolved Oxygen - Fecal Coliform 1.2.3. Develop an example completed Notice of Intent (NOI) application to be covered by Kansas MS4 General Permit. Electronic file and hard copies of the example completed NOI will be included in the final guidance document provided to the CONSORTIUM. The example NOI can be utilized by CONSORTIUM members to prepare their own NOI on or before March 10, 2003. The CONSULTANT will also provide general telephone and/or email assistance to the CONSORTIUM members for NOI preparation. If desired, the CONSULTANT will negotiate separate contracts with member communities for the specific purpose of preparing their individual NOI and accompanying materials. 1.2.4. Prepare a listing of general storm water management program cost items and potential funding alternatives that CONSORTIUM members can utilize in implementing their own programs. Based on the listing of program cost items, each CONSORTIUM member can develop actual dollar amounts to determine anticipated storm water program costs. The identified funding alternatives may include State and Federal assistance programs and/or development of a local storm water utility. The listing of program cost items and potential funding alternatives will be included in the final guidance document provided to the CONSORTIUM. If desired, the CONSULTANT will negotiate separate contracts with member communities for the specific purpose of assisting them in developing actual dollar amounts for the program cost items, completing applications for funding assistance, and/or developing local storm water utility information. 1.2.5. Develop draft model ordinances or resolutions, specifically suited for Kansas, which can be adopted by the CONSORTIUM members to meet the requirements of the NPDES Phase II regulations. Electronic file and hard copies of the draft ordinances or resolutions will be included in the final guidance document provided to the CONSORTIUM. At a minimum, the following ordinances or resolutions will be required: Prohibit non -storm water discharges into the storm sewer system and implement appropriate enforcement procedures and actions (MCM No. 3). Require erosion and sediment controls for construction site storm water runoff including sanctions to ensure compliance (MCM No. 4). Address post -construction runoff from new development and redevelopment projects (MCM No. 5). 3 1.2.6. Prepare draft standard specifications and drawings, specifically suited for Kansas, for erosion and sediment controls at construction sites. Electronic file and hard copies of the draft specifications and drawings will be included in the final guidance document provided to the CONSORTIUM. The standard specifications and drawings will include up to 20 individual controls. The controls will be appropriate for the member communities to utilize when implementing and enforcing MCM Nos. 4 and 5 dealing with construction and post -construction activities. 1.2.7. As a final deliverable, prepare a summary guidance document notebook containing copies (electronic file and hard copy) of the common program element information developed in Basic Service items 1.2.2 through 1.2.6 above. The materials will be organized and divided by service item and include a brief introduction for each section. One copy of the final guidance document will be provided to each CONSORTIUM member. 1.2.8. Prepare and provide general education sessions to the CONSORTIUM to assist members in implementing their storm water management program. It is anticipated that the following sessions will be provided: One (1) session, centrally located in Kansas, to present and discuss the menu of BMPs/measurable goals and the example completed NOI on or before February 26, 2003. One (1) session, centrally located in Kansas, to present and discuss the listing of general storm water program cost items, the potential funding alternatives available, and the draft model ordinances/resolutions. This session will be provided on or before June 26, 2003. One (1) session, centrally located in Kansas, to present and discuss the draft standard specifications and drawings for erosion and sediment control and the final guidance document notebook. This session will be provided on or before October 30, 2003. 1.2.9. Make available the CONSULTANT's project manager and other team members for an initial kick-off meeting to introduce key team members and to discuss overall project parameters. Throughout the remainder of the project, the CONSULTANT's project manager shall be available for monthly teleconference progress meetings with the CONSORTIUM task force. A maximum of 9 monthly teleconference meetings are anticipated and included in this Agreement. Each meeting will include a summary of completed information to date, a preview of the upcoming education sessions, and a general project progress update. 1.2.10. Secure, develop, and host an appropriate domain name web site to serve as an additional communications tool throughout the project. The web site will provide a both a public M site and a password -protected project site. The public site will include general NPDES storm water information. The password -protected site will be for CONSORTIUM members only to obtain project updates, review meeting notices, obtain project team contact information, download the various project elements (i.e. menu of BMPs) as they are developed. It is anticipated that the web site will be updated bi-weekly during the project. At project completion, the web site files will be turned over to the CONSORTIUM members to add to their local web sites, if desired. SECTION 2 — CONSORTIUM RESPONSIBILITIES To assist in the completion of the work described in Section 1, the CONSORTIUM shall: 2.1. Designate a person to act as the CONSORTIUM representative/chairperson with respect to the services to be rendered under this Agreement. Such person shall have authority to transmit instructions, receive information, interpret, and define the CONSORTIUM policies and decisions with respect to the CONSULTANT's services. 2.2. Provide a list of participating municipalities and appropriate contact persons for each municipality included in the CONSORTIUM. 2.3. Assist with scheduling and notifying the CONSORTIUM members of the anticipated education sessions identified in the CONSULTANT's basic services. SECTION 3 — PAYMENTS TO CONSULTANT, LUMP SUM METHOD OF PAYMENT 3.1. Fee and Method of Payment. For the services described under 1.2. Basic Services of this Agreement, the CONSORTIUM agrees to pay the CONSULTANT a total lump sum fee of $180,000.00. 3.2. Payment shall be total compensation for labor, overhead, expenses, subcontract costs, and anticipated profit. 3.3. Times of Payments. Payments shall be requested monthly, based on progress determined by the CONSULTANT. Payment is due within 30 days after date of invoice. 3.4. Reduction of Basic Services and Lump Sum fee. If at any time during the completion of this Agreement, the CONSORTIUM wishes to reduce the services that the CONSULTANT is to provide as described under 1.2 Basic Services of this Agreement, the CONSORTIUM shall give CONSULTANT written notice thereof. Promptly thereafter, CONSULTANT and 5 CONSORTIUM (representative/chairperson) shall meet to determine the level of services completed to date, negotiate a reduction in remaining services, and if said reduction of services is agreed upon, negotiate a corresponding reduction in the total lump sum fee identified in 3.1 Fee and Method of Payment. SECTION 4 — PERIODS OF SERVICE 4.1. Upon receipt of the CONSORTIUM's acceptance of this Agreement, the CONSULTANT shall proceed immediately with the services called for under 1.2. Basic Services of this Agreement. It is the CONSULTANT's intent to provide the identified services over the period of January 2003 through October 2003 with intermediate deadlines as follows: 4.1.1. The project information web site (1.2.10) will be developed and available for online use on or before 25 February 2003. 4.1.2. The initial stage of the project includes developing the menu of BMPs (1.2.2) and the example NOI application (1.2.3) and presenting this information at an education session on or before 26 February 2003. 4.1.3. A second education session will be held on or before 26 June 2003 to present the listing of general storm water program cost items and potential funding alternatives (1.2.4) and the model ordinances (1.2.5). 4.1.4. The development of the erosion control specifications and drawings (1.2.6) and the summary guidance document notebook (1.2.7) will be completed and presented in a final education session on or before 30 October 2003. 4.1.5. The KDHE liaison services (1.2. 1) and the teleconference progress meeting services (1.2.9) will be provided as necessary throughout the anticipated 10 -month project period. SECTION 5 — ADDITIONAL SERVICES 5.1. If the CONSORTIUM desires additional services above and beyond the Basic Services described above, the basic service descriptions and fee arrangements will be negotiated with the CONSORTIUM under a separate or supplemental Agreement. In the event that individual CONSORTIUM members desire additional services, the basic service descriptions and fee structures will be negotiated with the individual CONSORTIUM member under a separate Agreement. SECTION 6 — OPINION OF PROBABLE COSTS 6.1. Since the CONSULTANT has no control over the cost of labor, materials, equipment or services furnished by others, or over the market conditions, the CONSULTANT's opinions of probable costs, if provided herein, are to be made on the basis of CONSULTANT's best judgement as an experienced and qualified professional engineer, familiar with the industry. However, the CONSULTANT cannot and does not guarantee that proposals, bids, or actual program costs will not vary from the opinions of probable costs prepared by the CONSULTANT, if provided herein. SECTION 7 — OTHER CONSIDERATIONS. 7.1. The right is reserved by the CONSORTIUM to terminate this Agreement at any time, upon written notice, in the event that a given project is abandoned or indefinitely postponed, or the CONSULTANT fails to prosecute the work with due diligence; provided, however, that in any case the CONSULTANT shall be paid the reasonable value of the services rendered up to the time of termination as mutually agreed upon. 7.2. It is agreed that this Agreement, and all contracts entered into under the provisions of the Agreement, shall be binding upon the parties hereto and their successors and assigns. 7 SECTION 8 — SIGNATURES IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year stated on the first page. CITY OF SALINA, KANSAS on behalf of the KANSAS NPDES STORM WATER PHASE II CONSORTIUM By. Title: �y� r Date: alau103 Attested: By: A4a—UAQ,&) Title: Cifq Clerk, Date: J-1� 163 WILSON & COMPANY, INC. By:41xmr/�-/ JeMeyer, P.E., Pr in pal r' Date: