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HomeMy WebLinkAboutOrdinance 4266 ORDINANCE NO, 4266 AN ORDINANCE WAIVING THE REQUIREMENTS OF COMPETITIVE BIDDING FOR PROFESSIONAL SERVICES FOR THE USCOE 404 PERMIT FOR THE ARKANSAS RESEARCH AND TECHNOLOGY PARK; AND APPROVING AN AMENDMENT TO A CONTRACT WITH EGIS CONSULTING, INC. IN THE AMOUNT OF $ 1647050. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That the City Council hereby waives the requirements of competitive bidding for the USCOE 404 permit for the Arkansas Research and Technology Park for the reason that said requirements are neither practical nor feasible. EGIS Consulting, Inc. has already performed the wetland determination, is familiar with the project and would facilitate acquiring a timely permit. Section 2. That the contract amendment for professional services for the USCOE 404 permit for the Arkansas Research and Technology Park is hereby awarded to EGIS Consulting, Inc. in the amount of $ 164,050, and the Mayor and City Clerk are hereby authorized to execute said contract. A copy of the contract is attached hereto as Exhibit "A" and made a part hereof. HAAZSC�D AND APPROVED this 15th day of August , 2000. FF <e APPROVED: r By: Fr Hanna, Mayor r, n " Ali ATTEST: �� By: Heather Woodruff, City Clelf EXHIBIT A EX/f AMENDMENT NO. 1 TO CONTRACT BETWEEN THE Tm CITY OF FAYETTEVILLE AND EGIS CONSULTING DATED JANUARY 18, 2000 REGARDING ENVIRONMENTAL SERVICES FOR THE ARKANSAS RESEARCH & TECHNOLOGY PARK PROPOSED DEVELOPMENT STATE OF ARKANSAS COUNTY OF WASHINGTON This Amendment No. 1 to the Contract dated January 18, 2000 is entered into this — day of August, 2000, by and between the City of Fayetteville acting by and through its Mayor hereinafter called the "OWNER" and EGIS Consulting, also known as Egis, Inc. and Egis Natural Developments, Inc. with offices in Bentonville, Arkansas, hereinafter called "EGIS." The said Contract regards environmental services for the Arkansas Research & Technology Park proposed development. WITNESSETH : Whereas, the OWNER is in the process of developing a project known as the Arkansas Research and Technology Park Development in the City of Fayetteville, Arkansas; and Whereas the aforesaid project requires an environmental permit presently being pursued by EGIS and which in turn requires mitigation construction ; and Whereas the OWNER does not have the expertise to provide the necessary detailed plan development or X construction supervision of the wetlands/stream mitigation and Whereas it is now time to provide the services to be performed by EGIS as stated in the original contract in W ' q Section 1 , Paragraph 1 .6 and Section 1 , Paragraph 1 .7 (as it pertains to mitigation D construction consultation and observation). AMENDMENT TO CONTRACT BETWEEN THE CITY OF FAYETTEVILLE AND EGIS CONSULTING DATED JANUARY 18, 2000 REGARDING ENVIRONMENTAL SERVICES FOR THE ARKANSAS RESEARCH & TECHNOLOGY PARK PROPOSED DEVELOPMENT Page 1 of 14 Now therefore, it is considered to be in the best public interest for the OWNER to amend the original agreement dated January 18, 2000. In consideration of thefaithful performance of each party of the mutual covenants and agreements set forth hereinafter, it is mutually agreed as follows: SECTION I - EMPLOYMENT OF EGIS EGIS, Inc. is presently assisting OWNER regarding the attainment of the final Section 404 permit from the Corps of Engineers ("COE") as required by The Clean Water Act. In compliance with the anticipated Section 404 permit, EGIS Natural Developments, Inc. shall assist OWNER in the preparation for construction of compensatory mitigation for the aforementioned project's impacts to the wetland and water of the U.S . EGIS Natural Developments, Inc. shall be involved in mitigation construction observation and erosion control coordination with OWNER. This contract does not cover actual construction of the project's compensatory mitigation area. SECTION II - INFORMATION & SERVICES The OWNER will furnish any specifications, standards and other information which may relate to the project including survey data. Aerial mapping data will be provided free of charge to EGIS on magnetic media. SECTION III - SERVICES TO BE FURNISHED BY EGIS DURING "DESIGN" PHASE The mitigation project will be designed and constructed to meet standards in accordance with the Little Rock District Corps of Engineers Section 404 permit, including Corps of Engineers regional , general and special conditions. The design concept will be AMENDMENT TO CONTRACT BETWEEN THE CITY OF FAYETTEVILLE AND EGIS CONSULTING DATED JANUARY 18, 2000 REGARDING ENVIRONMENTAL SERVICES FOR THE ARKANSAS RESEARCH & TECHNOLOGY PARK PROPOSED DEVELOPMENT Page 2 of 14 coordinated with the OWNER with EGIS providing mitigation plans and specifications on a 50/50 percentage basis with OWNER (i .e. , EGIS providing 50% effort and OWNER providing 50% effort) . EGIS's effort will involve reviewing OWNER CADD drawings, producing CADD drawings at the EGIS office, conducting field investigations, reviewing survey data produced by the OWNER's Engineering Department, advising the OWNER regarding the filing of the mitigation area conservation easement, and coordinating/meeting with COE and OWNER's Engineering personnel as needed . SECTION IV - COORDINATION WITH OWNER EGIS shall hold conferences throughout the mitigation design of the project with representatives of the OWNER to the end that the design , as perfected, shall have full benefit of the OWNER's knowledge and to be consistent with the current policies and construction practices of the OWNER. The OWNER reserves the right to accept or reject any and all plans, but this stipulation will not relieve EGIS of the 50% responsibility for the design of the mitigation project. SECTION V - OFFICE LOCATION FOR REVIEW OF WORK Review of the work as it progresses under this Agreement shall be made at the OWNER's City Engineer's office. SECTION VI - FINAL SUBMISSION Coordinating with OWNER, the final submission for the mitigation construction documents shall consist of the originals of all drawings, specifications and contract documents. All AMENDMENT TO CONTRACT BETWEEN THE CITY OF FAYETTEVILLE AND EGIS CONSULTING DATED JANUARY 18, 2000 REGARDING ENVIRONMENTAL SERVICES FOR THE ARKANSAS RESEARCH & TECHNOLOGY PARK PROPOSED DEVELOPMENT Page 3 o114 design drawings on magnetic media shall be submitted on disks compatible with AutoCAD Release 14 software. SECTION VII - EGIS's RESPONSIBILITY DURING "BIDDING" AND "MITIGATION CONSTRUCTION OBSERVATION" PHASES During the "Bidding" phase of the mitigation construction project, EGIS shall provide administrative and environmental consulting services needed to obtain bids for the project. This may include preconstruction conferences, description of technical requirements for successful mitigation construction and clarification of special sensitive environmental issues. EGIS may be asked to evaluate technical qualifications of bidders. During the "Construction Observation" or possibly preconstruction phase of work, EGIS shall provide environmental consulting services regarding: a. Assisting OWNER in responding to government agencies and other entities, such as: i . The U .S. Fish & Wildlife Service regarding the Arkansas darter on Clabber Creek and Wilson Spring or other environmental issues ii . The Corps of Engineers regarding permit issues iii. The Arkansas Historic Preservation Program regarding cultural resources iv. The University of Arkansas Biology Department regarding sensitive environmental issues. b. Assisting OWNER in responding to public concerns regarding environmental issues of the project. AMENDMENT TO CONTRACT BETWEEN THE CITY OF FAYETTEVILLE AND EGIS CONSULTING DATED JANUARY 18, 2000 REGARDING ENVIRONMENTAL SERVICES FOR THE ARKANSAS RESEARCH & TECHNOLOGY PARK PROPOSED DEVELOPMENT Page 4 of 14 The responses to the entities and/or parties described in subparagraph "a" and "b" above regarding environmentally sensitive issues will be coordinated first with OWNER. C. Erosion Control Coordination with OWNER including: L Coordination of erosion control initial placement ii. Weekly inspection of erosion control measures iii. Bi-Weekly reporting to OWNER or general contractor of status of erosion control features d. Tree Preservation Coordination and Observation with OWNER, including: i . Initial directed assessment of tree health ii. Recommendation of initial placement of silt fence iii . Coordination of root pruning iv. Recommendation of remedial actions, if necessary e. Mitigation Area Construction Observation , including : i . Direction in the field to OWNER or general contractor regarding: ( 1 ) Selection and placement of hydric soils (2) Hydrology manipulation and water controls (3) Questions that arise from the mitigation construction contractor regarding implementation of the mitigation plans (4) Fine-tune wetland elevation, soils and hydrology decisions (5) Stream enhancements (6) Wilson Spring preservation & sensitivity to fish habitat (7) Clabber Creek sensitivity to fish habitat (8) Wildlife habitat placement AMENDMENT TO CONTRACT BETWEEN THE CITY OF FAYETTEVILLE AND EGIS CONSULTING DATED JANUARY 18, 2000 REGARDING ENVIRONMENTAL SERVICES FOR THE ARKANSAS RESEARCH & TECHNOLOGY PARK PROPOSED DEVELOPMENT Page 5 of 14 ii. EGIS shall review the Mitigation Contractor's progress payment requests based on the actual quantities of contract items completed and accepted , and shall make a recommendation to the OWNER regarding payment. SECTION VIII - EGIS's RESPONSIBILITY DURING "MITIGATION MONITORING" PHASE As determined by the Section 404 Permit general and special conditions, upon completion of the mitigation construction , EGIS will annually monitor the stream and wetland mitigation areas for a minimum of five years. EGIS will submit the annual monitoring report to OWNER prior to submission to the Little Rock District Corps of Engineers. The monitoring report will contain information specified in the permit, such as counts (or percentage of survival) of planted and native saplings, observations of herbaceous hydrophytic vegetation, description of hydrology, description of stream conditions and photographs of key areas. Upon review of the submitted reports, the Corps of Engineers may require further annual monitoring. SECTION IX - SUBCONTRACTING Subcontracting by EGIS of any of the services provided shall require prior approval by the OWNER. SECTION X - TIME OF BEGINNING AND COMPLETION EGIS shall begin work under this Amendment No. 1 to the original contract within ten ( 10) days of notice to proceed. Along with OWNER , EGIS shall complete the design portion of the plans for the mitigation construction within 60 days of receipt of the Section 404 AMENDMENT TO CONTRACT BETWEEN THE CITY OF FAYETTEVILLE AND EGIS CONSULTING DATED JANUARY 16, 2000 REGARDING ENVIRONMENTAL SERVICES FOR THE ARKANSAS RESEARCH & TECHNOLOGY PARK PROPOSED DEVELOPMENT Page 6 of 14 permit from the Corps of Engineers. The completion time is contingent upon receipt of all required information from OWNER, such as survey data, etc. Monitoring of the mitigation site will occur annually as prescribed in the anticipated Section 404 permit. SECTION XI - FEES AND PAYMENTS With the exception of Paragraph D below, the following described fees are estimated hourly professional fees for work-time directly connected with work chargeable to the project. Travel time to the job site will be charged at 1/2 of the hourly professional fees listed in Appendix A attached hereto. "Not to exceed" is interpreted to mean EGIS will not exceed the amount of dollars and hours attributed to each phase, however, should the amount of hours required be less than designated below, OWNER will only be billed for the actual work-time directly connected with the project. Services described in Paragraph D will be provided on a fixed annual rate of $4,500.00. Adjustment of the upper limit may be made should EGIS establish and the OWNER agree that there has been or is to be a significant change in scope, complexity or character of the services to be performed ; or if the OWNER decides to shorten the duration of the work from the time period specified in the Agreement for completion of work and such modification warrants such adjustment. A. "Design" Phase Services: For "design" phase services rendered and in consideration of the services to be rendered by EGIS, the OWNER shall pay EGIS on the basis of hourly professional fees (as described above) not to exceed $25 ,000.00. 1 ) Assist the OWNER regarding the attainment of the final Section 404 permit from the COE. AMENDMENT TO CONTRACT BETWEEN THE CITY OF FAYETTEVILLE AND EGIS CONSULTING DATED JANUARY 18, 2000 REGARDING ENVIRONMENTAL SERVICES FOR THE ARKANSAS RESEARCH & TECHNOLOGY PARK PROPOSED DEVELOPMENT Page 7 of 14 2) EGIS will provide mitigation plans and specifications for the proposed technology park on a 50/50 percentage basis with the OWNER (i .e. , EGIS providing 50% effort and the OWNER providing 50% effort) . EGIS's effort will involve reviewing the OWNER's CADD drawings , producing CADD drawings at the EGIS office, conducting field investigations, reviewing survey data produced by the OWNER's Engineering Department, advising the OWNER regarding their filing of the mitigation area conservation easement , and coordinating/meeting with COE and the OWNER's Engineering personnel as needed. Final payment for Design services shall be made upon the OWNER'S approval and acceptance with the satisfactory completion of the "Design" phase for the project. B. " Bidding" Phase Services: For "bidding" phase services rendered and in consideration of the services to be rendered by EGIS, the OWNER shall pay EGIS on the basis of hourly professional fees (as described above) not to exceed $4, 104.50. Final payment for "Bidding" phase services shall be made upon the OWNER'S approval and acceptance with the satisfactory completion of the "Bidding" phase of the project. C. "Mitigation Construction Observation" Phase Services : For "Mitigation Construction Observation" phase services rendered and in consideration of the services to be rendered by EGIS, the OWNER shall pay AMENDMENT TO CONTRACT BETWEEN THE CITY OF FAYETTEVILLE AND EGIS CONSULTING DATED JANUARY 18, 2000 REGARDING ENVIRONMENTAL SERVICES FOR THE ARKANSAS RESEARCH & TECHNOLOGY PARK PROPOSED DEVELOPMENT Page 8 of 14 EGIS on the basis of hourly professional fees described above. The total of the following described services is not to exceed $112,445.50 as designated below: 1 ) Agency Coordination during Construction as required . . $69157.00 2) Erosion Control Coordination with OWNER . . . . . . . . . $24,506.00 3) Tree Preservation Coordination and Observation with OWNER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $20,427.50 4) Mitigation Area Construction Observation . . . . . . . . . . $61 ,355.00 Final payment for "Mitigation Construction Observation " phase services shall be made upon the OWNER'S approval and acceptance with the satisfactory completion of the "construction observation " phase of the project. D. "Mitigation Monitoring and Reporting" Phase Services: For "Mitigation Monitoring and Reporting" phase services rendered and in consideration of the services to be rendered by EGIS, the OWNER shall pay EGIS on the basis of a fixed fee of $4,500.00 per year for five annual periods, a total of $22,500.00. Adjustment of the upper limit may be made should EGIS establish and the OWNER agree that there has been or is to be a significant change in scope, complexity or character of the services to be performed and such modification warrants such adjustment. The COE may require an extended period of monitoring or adjustments in the mitigation site after review of annual monitoring reports. AMENDMENT TO CONTRACT BETWEEN THE CITY OF FAYETTEVILLE AND EGIS CONSULTING DATED JANUARY 18, 2000 REGARDING ENVIRONMENTAL SERVICES FOR THE ARKANSAS RESEARCH & TECHNOLOGY PARK PROPOSED DEVELOPMENT Pape 9 of 14 SECTION XII - CHANGES The OWNER may at any time, by written order, make changes within the general scope of the contract in the work and services to be performed. If any such change causes an increase or decrease in the cost of, or the time required for, performance of this contract, an equitable increase or decrease shall be made in the upper limit contract amount, including fee or time of required performance or both , and the contract shall be modified in writing accordingly. Any claim by EGIS for adjustment under this clause must be asserted within thirty (30) days from the date receipt by EGIS of the notification of change; provided , however, that the OWNER, if it decides that the facts justify such action, may receive and act upon any such claim asserted at any time prior to the date of final payment under this contract. Failure to agree to any adjustment shall be cause for a dispute concerning a question of fact within the meaning of the clause of this contract entitled SECTION XV - MISCELLANEOUS PROVISIONS, ( 1 ) Dispute Resolutions. However, nothing in this clause shall excuse EGIS from proceeding with the contract as changed. SECTION XIII - OWNERSHIP OF DOCUMENTS All documents, including original drawings, disks of CADD drawings and cross sections, estimates, specification field notes, and data are and remain the property of the OWNER. EGIS may retain reproduced copies of drawings and copies of other documents. OWNER shall not reuse or make or permit to be made any modification to the drawings and specifications without prior authorization of EGIS. OWNER is specifically prohibited from AMENDMENT TO CONTRACT BETWEEN THE CITY OF FAYETTEVILLE AND EGIS CONSULTING DATED JANUARY 18t2000 REGARDING ENVIRONMENTAL SERVICES FOR THE ARKANSAS RESEARCH & TECHNOLOGY PARK PROPOSED DEVELOPMENT Page 10 of 14 reuse of environmental mitigation drawings on other projects without written authorization of EGIS. SECTION XIV - POSTPONEMENT OR CANCELLATION OF THE CONTRACT It is understood that the OWNER will have the right to suspend or cancel the work at any time. A. Postponement - Should the OWNER, for any reason whatsoever, decide to postpone the work at any time, the OWNER will notify EGIS, who will immediately suspend work. Should the OWNER decide during such suspension not to resume the work, or should such suspension not be terminated within a year, the work shall be cancelled as hereinafter provided. B. Cancellation - Should the OWNER, for any reason whatsoever, decide to cancel or to terminate the use of EGIS's service, the OWNER will give a written notice thereof to EGIS , who will immediately terminate the work. If the OWNER so elects, EGIS may be instructed to bring a reasonable stage of completion to those items whose value would otherwise be lost. EGIS shall turnover over all data, charts, survey notes, figures, drawings and other records or information collected or produced hereunder whether partial or complete. Upon such termination of EGIS's services, EGIS shall be paid on a proportional amount of the total fee, less prior partial payments, based on the ratio of work done to the total amount of work to be performed. AMENDMENT TO CONTRACT BETWEEN THE CITY OF FAYETTEVILLE AND EGIS CONSULTING DATED JANUARY 18, 2000 REGARDING ENVIRONMENTAL SERVICES FOR THE ARKANSAS RESEARCH & TECHNOLOGY PARK PROPOSED DEVELOPMENT Page 11 of 14 SECTION XV - MISCELLANEOUS PROVISIONS Dispute resolution — Any dispute concerning a question of fact in connection with the work in having a financial value of $10,000 or less, shall be referred for determination to the Mayor of the City of Fayetteville whose decisions in the matter shall be final and conclusive. Disputes resulting from claims greater than $10,000 shall be subject to mediation such as the Christian Law Center in Bentonville, Arkansas or other mutually acceptable mediator. Responsibility for Claims and Liability -- EGIS shall save harmless the OWNER from all claim and liability due to its (EGIS's) activities, or those subcontractors, its agents, or its employees during the time this contract is in force. Neither OWNER nor EGIS shall be obligated to indemnify the other party in any manner whatsoever for the other party's own negligence. General Compliance with Laws — EGIS shall comply with all federal, state and local laws and ordinances applicable to the work. EGIS's Endorsement — EGIS shall endorse and recommend all mitigation construction plans, specifications, estimates and environmental data finished environmental practices. All plan quantities shall be checked and verified. SECTION XVI -SUCCESSORS AND ASSIGNS EGIS each binds administrators, and assigns to the other party of this Agreement, except as above, neither the OWNER nor EGIS shall assign, sublet or transfer its interest in this Agreement without written consent of the other. Nothing herein shall be construed as creating any possible AMENDMENT TO CONTRACT BETWEEN THE CITY OF FAYETTEVILLE AND EGIS CONSULTING DATED JANUARY 18, 2000 REGARDING ENVIRONMENTAL SERVICES FOR THE ARKANSAS RESEARCH & TECHNOLOGY PARK PROPOSED DEVELOPMENT Page 12 of 14 personal liability on the part of any officer or agent or any public body which may be party hereto. SECTION XVII - COVENANT AGAINST CONTINGENT FEES EGIS warrants that it has not employed or retained by company or person, other than a bonafide employee working solely for EGIS, to solicit or secure this contract, and that it is not paid or agree to pay in the company or person, other than a bonafide employee working solely for EGIS, any fee, commission, percentage, brokerage free, gifts, or any other consideration, contingent upon our resulting from the award or making of this contract. For breach or violation of this warranty, the OWNER shall have the right to annul this contract without liability. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be duly executed as of the date in your first herein written. CITY OF FAYETTEVILLE By: Gyi ayor AMENDMENT TO CONTRACT BETWEEN THE CITY OF FAYETTEVILLE AND EGIS CONSULTING DATED JANUARY 18, 2000 REGARDING ENVIRONMENTAL SERVICES FOR THE ARKANSAS RESEARCH & TECHNOLOGY PARK PROPOSED DEVELOPMENT Page 13 of 14 EGIS, INC. EGIS NATURAL DEVELOPMENTS, INC. By: Manuel Barnes, President AMENDMENT TO CONTRACT BETWEEN THE CITY OF FAYETTEVILLE AND EGIS CONSULTING DATED JANUARY 18, 2000 REGARDING ENVIRONMENTAL SERVICES FOR THE ARKANSAS RESEARCH & TECHNOLOGY PARK PROPOSED DEVELOPMENT Page 14 of 14 •' • ATTACHMENT A • DESIGN PHASE COE Permit Coordination 30.00% $ 7,500.00 100.00 Hrs. Principal Scientist $ 75.00 $ 7,500.00 40.00% $ 10,000.00 166.67 Hrs. Sr. Environmental Scientist $ 60.00 $ 10,000.00 3.00% $ 750.00 13.64 Hrs. Environmental Scientist $ 55.00 $ 750.00 10.00% $ 2,500.00 62.50 Hrs. Environmental Technician $ 40.00 $ 2,500.00 10.00% $ 2,500.00 50.00 Hrs. CADD Technician $ 50.00 $ 2,500.00 7.00% $ 1,750.00 50.00 Hrs. Administration $ 35.00 $ 1,750.00 100.00% $ 25,000.00 442.80 $ 25,000.00 $ 25,000.00 BIDDING PHASE Consultation with City regarding Mitigation Construction Bids 38.40% $ 1,920.12 25.00 Hrs. Principal Scientist $ 75.00 $ 1,875.00 46.08% $ 2,304.15 30.00 Hrs. Sr. Environmental Scientist $ 60.00 $ 1,800.00 5.84% $ 291.86 3.80 Hrs. Environmental Scientist $ 55.00 $ 209.00 0.00% $ - - Hrs. Environmental Technician $ 40.00 $ - 0.00% $ - - Hrs. CADD Technician $ 50.00 $ - 9.68% $ 483.87 6.30 Hrs. Administration $ 35.00 $ 220.50 100.00% $ 5,000.00 65.10 $ 4,104.50 MITIGATION CONSTRUCTION OBSERVATION PHASE 1) Agency Coordination 38.42% $ 2,881.66 37.50 Hrs. Principal Scientist $ 75.00 $ 2,812.50 46.11% $ 3,457.99 45.00 Hrs. Sr. Environmental Scientist $ 60.00 $ 2,700.00 5.94% $ 445.70 5.80 Hrs. Environmental Scientist $ 55.00 $ 319.00 0.00% $ - - Hrs. Environmental Technician $ 40.00 $ - 0.00% $ - - Hrs. CADD Technician $ 50.00 $ - 9.53% $ 714.65 9.30 Hrs. Administration $ 35.00 $ 325.50 100.00% $ 7,500.00 97.60 $ 6,157.00 2) Erosion Control Coordination 10.31% $ 3,091.51 50.00 Hrs. Principal Scientist $ 75.00 $ 3,750.00 24.73% $ 7,419.62 120.00 Hrs. Sr. Environmental Scientist $ 60.00 $ 7,200.00 14.26% $ 4,278.65 69.20 Hrs. Environmental Scientist $ 55.00 $ 3,806.00 43.28% $ 12,984.34 210.00 Hrs. Environmental Technician $ 40.00 $ 8,400.00 1.24% $ 370.98 6.00 Hrs. CADD Technician $ 50.00 $ 300.00 6.18% $ 1,854.91 30.00 Hrs. Administration $ 35.00 $ 1,050.00 100.00% $ 30,000.00 485.20 $ 24,506.00 3) Tree Preservation Coordination and Observation 7.00% $ 1,750.63 27.80 Hrs. Principal Scientist $ 75.00 $ 2,085.00 37.78% $ 9,445.84 150.00 Hrs. Sr. Environmental Scientist $ 60.00 $ 9,000.00 10.18% $ 2,544.08 40.40 Hrs. Environmental Scientist $ 55.00 $ 2,222.00 34.01% $ 8,501.26 135.00 Hrs. Environmental Technician $ 40.00 $ 5,400.00 3.15% $ 787.15 12.50 Hrs. CADDTechnician $ 50.00 $ 625.00 7.88% $ 1,971.03 31.30 Hrs. Administration $ 35.00 $ 1,095.50 100.00% $ 25,000.00 397.00 $ 20,427.50 4) Mitigation Area Construction Observation 10.91% $ 8,180.63 125.00 Hrs. Principal Scientist $ 75.00 $ 9,375.00 30.54% $ 22,905.76 350.00 Hrs. Sr. Environmental Scientist $ 60.00 $ 21,000.00 25.17% $ 18,880.89 288.50 Hrs. Environmental Scientist $ 55.00 $ 15,867.50 30.10% $ 22,578.53 345.00 Hrs. Environmental Technician $ 40.00 $ 13,800.00 0.00% $ - Hrs. CADD Technician $ 50.00 $ - 3.27% $ 2,454.19 37.50 Hrs. Administration $ 35.00 $ 1,312.50 100.00% $ 75,000.00 1,146.00 $ 61,355.00 $ 112,445.50 MITIGATION MONITORING AND REPORTING PHASE Reporting & Monitoring of Mitigation Area -5 years 100.00% $ 22,500.00 5.00 5 yrs @$4,500.00 $ 4,500.00 $ 22,500.00 $ 22,500.00 $ 164,050.00 This attachment illustrates estimated hours by specific personnel. Although the number of hours may vary among personnel, the amount designated for each section will not be exceeded. 07/26/2000 • 1• ATTACHMENT A DESIGN PHASE COE Permit Coordination 30.00% $ 7,500.00 100.00 His. Principal Scientist $ 75.00 $ 7,500.00 40.00% $ 10,000.00 166.67 Hrs. Sr. Environmental Scientist $ 60.00 $ 10,000.00 3.00% $ 750.00 13.64 Hrs. Environmental Scientist $ 55.00 $ 750.00 10.00% $ 2,500.00 62.50 Hrs. Environmental Technician $ 40.00 $ 2,500.00 10.00% $ 2,500.00 50.00 His. CADD Technician $ 50.00 $ 2,500.00 7.00% $ 1,750.00 50.00 His. Administration $ 35.00 $ 1,750.00 100.00% $ 25,000.00 442.80 $ 25,000.00 $ 25,000.00 BIDDING PHASE Consultation with City regarding Mitigation Construction Bids 38.40% $ 1,920.12 25.00 His. Principal Scientist $ 75.00 $ 1,875.00 46.08% $ 2,304.15 30.00 Hrs. Sr. Environmental Scientist $ 60.00 $ 1,800.00 5.84% $ 291.86 3.80 Hrs. Environmental Scientist $ 55.00 $ 209.00 0.00% $ - - Hrs. Environmental Technician $ 40.00 $ - 0.00% $ - - His. CADD Technician $ 50.00 $ - 9.68% $ 483.87 6.30 His. Administration $ 35.00 $ 220.50 100.00% $ 5,000.00 65.10 $ 4,104.50 MITIGATION CONSTRUCTION OBSERVATION PHASE 1) Aenc Coordination 38.42% $ 2,881.66 37.50 His. Principal Scientist $ 75.00 $ 2,812.50 46.11% $ 3,457.99 45.00 Hrs. Sr. Environmental Scientist $ 60.00 $ 2,700.00 5.94% $ 445.70 5.80 Hrs. Environmental Scientist $ 55.00 $ 319.00 0.00% $ - - His. Environmental Technician $ 40.00 $ - 0.00% $ - - Hrs. CADD Technician $ 50.00 $ - 9.53% $ 714.65 9.30 His. Administration $ 35.00 $ 325.50 100.00% $ 7,500.00 97.60 $ 6,157.00 2) Erosion Control Coordination 10.31% $ 3,091.51 50.00 His. Principal Scientist $ 75.00 $ 3,750.00 24.73% $ 7,419.62 120.00 His. Sr. Environmental Scientist $ 60.00 $ 7,200.00 14.26% $ 4,278.65 69.20 His. Environmental Scientist $ 55.00 $ 3,806.00 43.28% $ 12,984.34 210.00 Hrs. Environmental Technician $ 40.00 $ 8,400.00 1.24% $ 370.98 6.00 Hrs. CADD Technician $ 50.00 $ 300.00 6.18% $ 1,854.91 30.00 His. Administration $ 35.00 $ 1,050.00 100.00% $ 30,000.00 485.20 $ 24,506.00 3) Tree Preservation Coordination and Observation 7.00% $ 1,750.63 27.80 His. Principal Scientist $ 75.00 $ 2,085.00 37.78% $ 9,445.84 150.00 His. Sr. Environmental Scientist $ 60.00 $ 9,000.00 10.18% $ 2,544.08 40.40 His. Environmental Scientist $ 55.00 $ 2,222.00 34.01% $ 8,501.26 135.00 His. Environmental Technician $ 40.00 $ 5,400.00 3.15% $ 787.15 12.50 Hrs. CADD Technician $ 50.00 $ 625.00 7.88% $ 1,971.03 31.30 His. Administration $ 35.00 $ 1,095.50 100.00% $ 25,000.00 397.00 $ 20,427.50 4) Mitigation Area Construction Observation 10.91% $ 8,180.63 125.00 His. Principal Scientist $ 75.00 $ 9,375.00 30.54% $ 22,905.76 350.00 Hrs. Sr. Environmental Scientist $ 60.00 $ 21,000.00 25.17% $ 18,880.89 288.50 His. Environmental Scientist $ 55.00 $ 15,867.50 30.10% $ 22,578.53 345.00 Hrs. Environmental Technician $ 40.00 $ 13,800.00 0.00% $ - Hrs. CADD Technician $ 50.00 $ - 3.27% $ 2,454.19 37.50 Hrs. Administration $ 35.00 $ 1,312.50 100.00% $ 75,000.00 1,146.00 $ 61,355.00 $ 112,445.50 MITIGATION MONITORING AND REPORTING PHASE Reporting & Monitoring of Mitigation Area - 5 years 100.00% $ 22,500.00 I 5.00 5 yrs ®$4,500.00 $ 4,500.00 $ 22,500.00 $ 22,500.00 $ 164,050.00 This attachment illustrates estimated hours by specific personnel. Although the number of hours may vary among personnel, the amount designated for each section will not be exceeded. 07/26/2000 10 NAME OF FILE:1/7. 7 CP(O CROSS REFERENCE: Date Contents of File Initials - -ao . z 4 n - -oo FAYETTEVILLE 0 THE CITY OF FAYETTEVILLE, ARKANSAS To: Fayetteville City Council Thru: Fred Hanna, Mayor Charles Venable, Public Works Director Don Bunn, Assistant Public Works Director Jim Beavers, City Engineer Io From: Wayne Ledbetter, Engineering Date: July 31, 2000 RE: Arkansas Research & Technology Park Amendment #1 to Existing Contract with EGIS for Consultation Services regarding USCOE 404 Permit 1. Existing Conditions. The City owns approximately 290 acres in the Northwest portion of Fayetteville and that property is designated the Arkansas Research & Technology Park. The property adjoins Shiloh on the south, Moore Lane on the west, Deane Solomon Rd. on the north, and Truckers Lane on the east. This parcel is broken up into several pastures (some pastures are field, some pastures are part field with trees and shrubs). The land typically drains northward to Clabber Creek which is the main outfall for all the drainage in the immediate area. This area has approximately eighty-nine acres determined as wetlands. The wetland determination was performed by EGIS Consulting. An existing contract dated January 18, 2000 in the amount of $ 27,000 is essentially still in effect. This contract provided consultation services to see the USCOE permit through a conceptual stage of mitigation. The first step in regards to the USCOE 404 Permit is determining the existing wetland areas and planning what areas will be impacted and which will be undisturbed. The existing wetland performed by EGIS is already complete and the first stage of the 404 Permitting process is complete. The City has submitted the materials needed for the this first stage of the permit and has followed any revisions that may be needed. The public notice time has been completed with all items of the permit process submitted except for the proposed final mitigation plan. This plan will need to be submitted and approved before the USCOE will issue the permit. 2. Proposed Conditions. The Arkansas Research & Technology Park will accommodate several sites for technologically based industries. This area is planned for light industry yet still maintain an aestheticially pleasing environment. In fact, this area is planned with a wetland reserve and a woodland preserve and other amenities that will be eye pleasing to the community. 113 WEST MOUNTAIN 72701 501 521-7700 FAX 501 575-8257 However, there are several areas that we will need assistance in following up the wetland determination and pursuing the 404 Permit. EGIS can assist us in the tasks that are beneficial to acquiring this permit. The accompanying scope of services enumerates the work we will ask of them in the permit process. The following is a summary of these services: 1. Design services for the mitigation plan in conjunction with the City design and drafting services. Essentially a 50/50 percent effort. 2. Bidding phase services for the City when the mitigation plans go to bid. 3. Mitigation construction observation services when the plan goes to construction. a. Agency coordination. b. Erosion control coordination. c. Tree preservation coordination and observation. d. Mitigation area construction observation 4. Mitigation monitoring and reporting services. Please note the accompanying scope of services for detail. Also, included is a copy of the January18, 2000 contract for reference. The total of consultation services for this Amendment #1 is a not to exceed of $ 164,050.00 3. Bid Waiver. The staff requests that the Council grant a bid waiver for these 404 Permit consultation services. EGIS has already performed the wetland determination and is familiar with the project. We have essentially completed the permit process except for design of the mitigation plan and would like to keep this process moving forward. This amendment overshadows the amount of the original contract. However, we wanted to receive a maximum not to exceed on any work left in finalizing the permit, construction observation of the wetlands, and followup monitoring of the mitigated areas. The original contract, dated January 18, 2000, did not include the scope of work reflected in this amendment. You must note two things in considering this waiver. One was that the previous wetland determination was competitively priced. The other is that the hourly amounts for their personnel will remain the same for this amendment as was presented in the original contract. 4. Staff Recommendation. The Staff recommends that the Council approve the Amendment #1 to the existing contract with EGIS Consulting Inc. for consultation services regarding the USCOE 404 Permit for The Arkansas Research & Technology Park. FAYETTEVI?JLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDEN To: Fayetteville City Council Thru: Fred Hanna, Mayor Charles Venable, Public Works Director Don Bunn, Assistant Public Works Director Jim Beavers, City Engineer From: Wayne Ledbetter, Engineering Date: January 10, 2000 RE: Arkansas Research & Technology Park Consultation Services regarding USCOE 404 Permit 1. Existing Conditions. The City owns approximately 290 acres in the Northwest portion of Fayetteville and that property is designated the Arkansas Research & Technology Park. The property adjoins Shiloh on the south, Moore Lane on the west, Deane Solomon Rd. on the north, and Truckers Lane on the east. This parcel is broken up into several pastures (some pastures are field, some pastures are part field with trees and shrubs). The land typically drains northward to Clabber Creek which is the main outfall for all the drainage in the immediate area. This area has approximately eighty-nine acres determined as wetlands. The wetland determination was performed by EGIS Consulting. 2. Proposed Conditions. The Arkansas Research & Technology Park will accommodate several sites for technologically based industries. This area is planned for light industry yet still maintain a aestheticially pleasing environment. In fact, this area is planned with a wetland reserve and a woodland preserve and other amenities that will be eye pleasing to the community. The first step in regards to the USCOE 404 Permit is determining the existing wetland areas and 'planning what areas will be impacted and which will be undisturbed. The existing wetland performed by EGIS is already complete and the first stage of the 404 Permitting process has begun. The City has submitted the materials needed for beginning this first stage of the permit. However, there are several areas that we will need assistance in following up the wetland determination and pursuing the 404 Permit. EGIS can assist us in the tasks that are beneficial to acquiring this permit. The accompanying scope of services enumerates the work we will ask of them in the permit process. The following is a summary of these services: Coordination with USCOE with cultural resources and threatened species. They will help with the State Historic Preservation Office, US Fish & Wildlife regarding this project Perform a wetland functional value assessment and an alternative analysis. E 3. Help develop a conceptual wetland mitigation. 4. Assist the City regarding public concerns pertaining to project environmental impacts. 5. Assist City regarding cultural resource matters, if needed. Other work such as plan work for the wetland mitigation and construction of mitigation areas will be determined at a future. Essentially EGIS is helping in the permit process. Please note the accompanying scope of services for detail. The total of consultation services for this phase is a not to exceed of $ 27,000.00 3. Bid Waiver. The staff requests that the Council grant a bid waiver for the 404 Permit consultation services. EGIS has already performed the wetland determination and is familiar with the project. We have already begun the permit process and would like to expedite this by retaining their services quickly. By granting this waiver, they would be available to begin some of these tasks and help us get a timely permit. Their previous work was competitively priced which allowed us to award them the wetland determination. 4. Staff Recommendation. The Staff recommends that the Council approve the Agreement with EGIS Consulting Inc. for consultation services regarding the USCOE 404 Permit for The Arkansas Research & Technology Park. ENVIRONMENTAL AND GIS CONSULTING, INC. SCOPE OF SERVICES PROVIDED FOR CITY OF, FAYETTEVILLE PROJECT: ARKANSAS RESEARCH & TECHNOLOGY PARK PROPOSED DEVELOPMENT SITE EGIS PROJECT #1850 EGIS Consulting, Inc. ("EGIS") proposes to perform the following services for the City of Fayetteville ("Client") for a 289± acre development site for the proposed Arkansas Research and Technology Park in Fayetteville, Arkansas. The specific site location to be identified on a map provided by Wayne Ledbetter, Staff Engineer for the City of Fayetteville. SERVICES PROVIDED BY EGIS EGIS will assist the City of Fayetteville in obtaining a Corps of Engineers Section 404 permit regarding the above -referenced site: Coordination of Corps Engineer 404 permit process including cultural resources, threatened or endangered species (T&E), and working closely with COE and PE to minimize adverse project impacts. Services include initial coordination with State Historic Preservation Officer (SHPO) and US Fish & Wildlife Service (USF&WS) regarding the above. Should detailed SHPO or T&E investigations be required, additional work will be performed on an additional hourly basis or by an additional contract. Coordinate closely with PE and COE to provide COE information necessary for COE public notice regarding the project. The City of Fayetteville and EGIS will work cooperatively to accomplish this task. EGIS's work will be performed on an hourly basis (Not to Exceed) ........................ $7,500.00 2. EGIS will perform a wetland functional value assessment and an alternative analysis on an hourly basis (Not to Exceed) ....................................... $7,500.00 3. Develop conceptual wetland mitigation plan. This task will be accomplished by both the city of Fayetteville and EGIS. EGIS's work will be performed on an hourly basis (Not to Exceed) ..................................................$5,000.00 4. EGIS will assist the City of Fayetteville regarding public concerns pertaining to project environmental impacts. For example, impacts to wetlands, fish and wildlife, such as the Arkansas darter. EGIS will perform this work on an hourly basis (Not to Exceed) ................................................. $4,500.00 5. If cultural resources investigation is required, the City of Fayetteville will select a cultural resource contractor and provide necessary coordination with said entity and the COE. EGIS will assist the City of Fayetteville regarding cultural resource matters as needed on an hourly basis in an advisorycapacity(NTE).................................. $2,500.00 6. EGIS and the City of Fayetteville will work cooperatively to develop detailed wetlands mitigation plans. This may involve additional field investigation. The scope of detailed plans will be determined once conceptual mitigation plans are approved by COE. EGIS's portion of this work will be performed on an hourly basis or a fixed fee to be determined later in the permit process. I:\18OO's\185O-F'ville ART\Proposals-Estimatest99-12-20-proposal.wpd Page 1 of 2 • 7. Construction of mitigation plans will be performed by an environmental consultant with contractor's license. Cost will be determined later in during the permit process once final mitigation plans are approved by the COE. II. Limitation of Professional Liability Insurance. To the maximum extent permitted by law, Client agrees to limit EGIS's professional liability for damages to the sum of $1,000,000. This limitation shall apply regardless of the cause of action or legal theory pled or asserted. III. PROVIDED BY CLIENT A. A site location map, legal description, name and address of Permittee, and a topographic survey will all be provided by the client. B. A grading and site plan will also be provided by the client, if they are readily available. C. The client assures EGIS, by this contract signature, that legal access to the property is authorized for EGIS to conduct wetland permitting related work FEE SCHEDULE Principal Scientist .............. $75.00 / hr. CAD ........................ $50.00 / hr. Sr. Environmental Scientist ...... $60.00 / hr. Environmental Technician ....... $40.00 / hr. Environmental Scientist ......... $55.00 / hr. Clerical/Secretary .............. $35.00 / hr. (Travel time is billed at Y2 the regular rate.) Client agrees to provide payment for services rendered within 30 days of date of EGIS invoice. Approval Signatures and Authorization to Proceed: CITY OF FAYETTEVILLE BY: 7 / / FO ,t, z/,9 ITS: Date:7 7� City of Fayetteville 113 West Mountain Fayetteville, AR 72701 501-575-8206 501-575-8316 (fax) EGIS CONSULTING, INC. BY: Manuel Barnes ITS: President Date: I - IC -CC) EGIS Consulting, Inc. 314 South Main Bentonville, AR 72712 501-271-9252 501-271-8627 (fax) I:\1800'5\1850•FYille ARTProposals-Estimates\99-12-20-proposal.wpd Page 2 of 2 ORDINANCE NO. 4215 AN ORDINANCE WAIVING THE REQUIREMENTS OF COMPETITIVE BIDDING FOR PROFESSIONAL SERVICES FOR THE USCOE 404 PERMIT FOR THE ARKANSAS RESEARCH AND TECHNOLOGY PARK; AND AWARDING A CONTRACT TO EGIS CONSULTING INC. IN THE AMOUNT OF $27,000. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council hereby waives the requirements of competitive bidding for the USCOE 404 permit for the Arkansas Research and Technology Park for the reason that said requirements are neither practical nor feasible. EGIS Consulting Inc. has already performed the wetland determination, is familiar with the project and would facilitate acquiring a timely permit. Section 2. That the contract for professional services for the USCOE 404 peanut for the Arkansas Research and Technology Park is hereby awarded to EGIS Consulting Inc. in the amount of $27,000, and the Mayor and City Clerk are hereby authorized to execute said contract. A copy of the contract is attached hereto as Exhibit "A" and made a part hereof PASSED AND APPROVED this 18th day of January , 2000. APPROVED By: Frtd Hanna, Mayor ATTEST: By:/Z1�tI47 Heather Woodruf, City Clerk STAFF REVIEW FORM XXXX AGENDA REQUEST XXXX CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting on January 18, 2000. FROM: Name ACTION REQUIRED: Approval of an Agreement for professional services with EGIS Consulting Inc. regarding the USCOE 404 permit for the Arkansas Research & Technology Park. This contract amount is $ 27,000.00. A bid waiver is requested. COST TO CITY: 7po(ceo s?c,oe� Research and $ 27,000 $ _ Technology Park Cost of this Request Category/Project Budget Category/Project Name Engineering Division Public Works Department 1010-6600-5314-00 Account Number 95075-10 Project Number Funds Used To Date Toe, ees alb( OOO Remaining Balance T 1E (IEW: XXXX Budgeted Item CONTRACT/GRANT/LEASE REVIEW: Street Improvements Program Name WMEa-Sta.nS..P;, wI6RdSuab c Sales Tax Fund Budget Adjustment Attached ve Services Director GRANTING AGENCY: Date A Coordin Date 1- /-lz-(1j� Date F4ternal Auditor Date t- /ajbo Date STAFF RECOMMENDATION: Staff recommends that the Council approve the contract with EGIS Consulting Inc. for consultation work with the USCOE for Permit 404 regarding the Arkansas Research & Technology Park. JonIo Ze Dat Cross Reference Date law or / Date ///!% Date New Item: Yes Prey Ord/Res #: Orig Contract Date: FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Wayne Ledbetter, Staff Engineer From: Heather Woodruff, City Clerk Date: January 21, 2000 Attached is a copy of the ordinance waiving the requirements of competitive bidding for professional services for the USCOE 404 Permit for the Arkansas Research and Technology Park. Your purchase requisition has been forward to the Internal Auditor cc: Yolanda Fields, Internal Auditor Steve Davis, Budget Director cc: 0 0 STAFF REVIEW FORM XXXX AGENDA REQUEST XXXX CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting on August 15, 2000. Wayne Ledbetterlr"U Engineering Public Works Name Division Department ACTION REQUIRED: Approval of an Agreement (Amendment #1)to a previous contract for additional professional services with EGIS Consulting Inc. regarding the USCOE 404 permit for the Arkansas Research & Technology Park. The total contract amount is $ 164,050.00. A bid waiver is requested. COST TO CITY: $ 164,050 Cost of this Request 1010-6600-5314-00 Account Number 95075-10 Project Number BUDGET REVIEW: $ 1,892,956 Category/Project Budget $ 59,076 Funds Used To Date $ 1,833,880 Remaining Balance Research and Technology Park Category/Project Name Street Improvements Program Name General Fund XXXX Budgeted Item Budget Adjustment Attached CONTRACT/GRANT/LEASE REVIEW: 9 -2 -cc .nting Manager Date C, Attorney Date Director GRANTING AGENCY: Internal Auditor ADA Coordinator Date Date A_y S -a -co Purchasing Officer Date STAFF RECOMMENDATION: Staff recommends that the Council approve this amendment #1 to a previous contract with EGIS Consulting Inc. for additional consultation work with the USCOE Permit 404 regarding the Arkansas Research & Technology Park. Cross Reference New Item: Yes Prey Ord/Res #: Orig Contract Date: Orig Contract Number: Page 2 Date 1�/S Dd Counts: Reference Conents: Budget Coordinator Accounting Nan er Accounting M n - to 6c i4rn, X27 ffl /ttti{/ SLY/J � City Attorney y & - .t to Lie & 61 rive 14n& Purchasing Officer ADA Coordinator Internal Auditor �II � �' /�� C�auuC.b>ntL 7 et a rave /-Aa e t - S cuyu a csz. &A QO 4 cci-. nir . en acQV en.i fr/nt FAYETTEV&LE 0 THE CITY OF FAYETTEVILLE. ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Wayne Ledbetter, Engineering Division From: Heather Woodruff, City Clerk Date: August 17, 2000 Attached is a copy of Ordinance No. 4266 and a copy of the Amendment No. 1 to a previous contract between the City of Fayetteville and EGIS Consulting, Inc. The original will be microfilmed and filed with the City Clerk. cc: Jim Beavers, City Engineer Nancy Smith, Internal Auditor