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.
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<e APPROVED:
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By:
Fr Hanna, Mayor
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ATTEST:
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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
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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
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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