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HomeMy WebLinkAboutOrdinance 4699 ORDINANCE NO. 4 6 9 9 AN ORDINANCE TO WAIVE NORMAL COMPETITIVE BIDDING AND TO AWARD A CONTRACT IN THE AMOUNT OF $30,855 .00 TO ENVIRONMENTAL ENTERPRISE GROUP, INC. FOR REMEDIATION, DEMOLITION PROJECT MANAGEMENT, AND AIR MONITORING WHEREAS, because EEG, Inc. prepared the specification and bid documents for the remediation and demolition of the Mountain Inn and adjoining properties and for abatement of the asbestos and other hazardous materials, it is uniquely qualified to perform the project management and air monitoring needed for this demolition project. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby finds that Environmental Enterprise Group, Inc. 's unique circumstance stated above constitutes an exceptional situation in which competitive bidding is not feasible or practical. Therefore, the City Council waives competitive bidding and approves the attached contract with Environmental Enterprise Group, Inc. in the amount of $30,855 .00 and authorizes Mayor Coody to sign this contract. PASSED and APPROVED this 3rd day of May 2005. APPROVED: FAYETTEVILLE : = DAN GOODY, May ATTEST: d �:�KANSP.J�'. y By: �(7 )ati� SONDRA SMITH, City Clerk 0 0 TECHNICAL SERVICES AGREEMENT This Agreement for professional consulting services has been entered into by and between Environmental Enterprise Group, Inc. (hereinafter referred to as EEG) and City of Fayetteville on this a rd day of /{la , 2005. EEG shall perform the services described below in accordance with the Terms and Conditions of this Agreement. PROJECT: Highway 71 East Square Redevelopment District #1 Fayetteville, Arkansas City of Fayetteville and EEG agree that the following provisions shall be a part of their agreement: 1 . SERVICES TO BE PERFORMED. General Description of project includes Remediation and Demolition Project Management & Air Monitoring during the remediation and demolition of structures identified in the Highway 71 East Square Redevelopment District # 1 project in Fayetteville, Arkansas. (A) Project Management - Provide Project Management and Air Monitoring during the remediation and demolition of structures identified in the Highway 71 East Square Redevelopment District # 1 project in Fayetteville, Arkansas, as identified in the Project Design & Specification prepared specifically for this project. Provide onsite air sample collection and analysis. *Provide Close-Out Documentation for Project *EEG will provide all required insurance, including Worker's Compensation, Automobile and Comprehensive General Liability *Utilities at the subject site are to be provided by the Owner 2 . COMPENSATION. The City of Fayetteville shall compensate EEG for its Professional Services as outlined in the Schedule of Fees attached hereto as Attachment "A" in a not to exceed amount of $30,850.00 based on a performance period of 8 weeks or (40) 10 hour shifts. The performance period of the project was provided by others. 3 . PAYMENT. EEG will bill City of Fayetteville monthly for all project expenses in accordance with the Schedule of Fees. All invoices are due upon presentation and shall be past due if not paid within twenty (20) days. If City of Fayetteville objects to any portion of an invoice, City of Fayetteville shall notify EEG in writing within five (5) business days of receipt of the invoice. City of Fayetteville shall identify the specific cause of the disagreement and shall pay when due the portion of the invoice not in dispute. 0 0 4. ACCESS. City of Fayetteville agrees to provide EEG with appropriate access to the property in Fayetteville that will allow EEG to perform its services as outlined above. City of Fayetteville's personnel will also provide EEG as requested with all information within its knowledge about the facility to help EEG to perform the services outline above. 5 . STANDARD OF SERVICES. EEG shall perform its services as outlined above in accordance with generally accepted industry practices for the environmental consulting industry for the specific types of services being performed or provided, and makes no warranties or guaranties, express or implied. 6. INSURANCE. Prior to beginning work under this Agreement, EEG will provide City of Fayetteville with a certificate of insurance evidencing the following: a. Workers' compensation in accordance with all applicable statutory requirements; b. Comprehensive general liability insurance with a combined single limit of not less than $ 1 ,000,000 per occurrence for bodily injury and property damage; C. Comprehensive automobile liability, including coverage for all owned and non-owned vehicles used in connection with any remedial action, with a combined single limit of not less than $ 1 ,000,000 per occurrence for bodily injury and property damage; d. Employers' liability insurance with limits of not less than $ 1 ,000,000 per occurrence; e. Professional liability insurance with limits of not less than $ 1 ,000,000 per occurrence and $ 1 ,000,000 aggregate, or higher if required by state or federal law. In addition, City of Fayetteville will be named as additional insured. The certificate will include an agreement or endorsement that the policies will not be canceled or materially modified by the insurer without at least fifteen days prior to written notice to the City of Fayetteville. 7. INDEMNIFICATION. EEG shall indemnify City of Fayetteville, its officers, directors, agents and employees against claims, demands and causes of action, including expenses of defense for personal injury, disease or death, and loss or damage of property (other than property of City of Fayetteville for which City of Fayetteville hereby assumes responsibility), arising out of EEG's performance of the Services described above and to the extent caused by the sole negligence or willful misconduct of EEG. 8. RELATIONSHIP. EEG's services are performed as an independent contractor and not as the City of Fayetteville's agent, partner or joint venturer. 2 0 0 9. FORCE MAJEURE. EEG will have no liability to perform nor will it be liable for damages due to any circumstances beyond its reasonable control such as riots, strikes, war or insurrection, fires, flood, explosion, earthquakes, other natural disasters, acts of government, labor disturbances, or transportation disruptions. 10. ENTIRE AGREEMENT. This Agreement, including Attachment A, represents the entire understanding and agreement between EEG and City of Fayetteville and supersedes any prior written or oral understandings or agreements between the parties. ll . SEVERABILITY. If any portion of this Agreement shall be held invalid or unenforceable, any remaining portion shall continue in full force and effect. 12 . ASSIGNMENT. There shall be no assignment of the rights or obligations under this Agreement by either party without the prior written consent of the other party. 13 . AUTHORITY. EEG and City of Fayetteville each represent and warrant to each other that each is duly authorized to execute, deliver and perform its obligations under this Agreement as well as any and all documents and transactions contemplated hereby or incidental hereto. 14. ATTORNEYS FEES. If any lawsuit or equitable proceeding is filed or commenced relating to or arising from a breach, default or violation of this Agreement, the prevailing party shall be entitled to recover from the other party such attorney's fees (including fees and expenses of in-house counsel), costs and expenses as the court may award. 15. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Arkansas. Jurisdiction and venue shall be Washington County, Arkansas. IN WITNESS WHEREOF, the parties hereby execute this agreement upon the terms and conditions stated above and on the date and year indicated above. ENVIRONMENTAL CITY OF FAYETTEVILLE, ENTERPRISE GROUP, INC. ARKANSAS 2209 Main Drive 113 W. Mountain Street Fayetteville, Arkansas 72704 FayeZDAN Arkansas 72701 B By: EXMWZIMMERMAN OODY P sidentMa y or 61Y 0 SGS . p? Attest: FAYETTEVILLE ' = Sondra Smith, Oity Clerk �sy9RKANSPG wumu� ATTACHMENT A Scope of Work General Description of project includes Remediation and Demolition Project Management & Air Monitoring during the remediation and demolition of structures identified in the Highway 71 East Square Redevelopment District 41 project in Fayetteville, Arkansas. A. Project Management - Provide Project Management and Air Monitoring during the remediation and demolition of structures identified in the Highway 71 East Square Redevelopment District # 1 project in Fayetteville, Arkansas, as identified in the Project Design & Specification prepared specifically for this project. Provide onsite air sample collection and analysis. *Provide Close-Out Documentation for Project *EEG will provide all required insurance, including Worker's Compensation, Automobile and Comprehensive General Liability *Utilities at the subject site are to be provided by the Owner Fee Schedule Onsite Project Management, including Air Monitoring $309000.00 Daily throughout the course of the project at $ 750. 00 per 10-Hour Shift The Current estimate of project duration is 8 weeks. Time estimate was provided by others. Report Generation $850.00 4 ATTACHMENTA General Description of project includes Remediation and Demolition Project Management & Air Monitoring during the remediation and demolition of structures identified in the Highway 71 East Square Redevelopment District # 1 project in Fayetteville, Arkansas. 0 Project Management - Provide Project Management and Air Monitoring during the remediation and demolition of structures identified in the Highway 71 East Square Redevelopment District # 1 project in Fayetteville, Arkansas, as identified in the Project Design & Specification prepared specifically for this project. Provide onsite air sample collection and analysis. • Provide Close-Out Documentation for Project • EEG will provide all required insurance, including Worker's Compensation, Automobile and Comprehensive General Liability • Utilities at the subject site are to be provided by the Owner Onsite Project Management, including Air Monitoring $302000.00 Daily throughout the mune of thepTect at $750.00 per 10-Hour SMjt The Cunert estimate ofpnje,t duration it 8 urekr. Tim, estimate maspmwded by others. Report Generation $$50.00 Page 3 Page 2 of 2 City ofFayetteville Remediation and Demolition Project Management &Air Monitoring Proposal #P05-078 April 11, 2005 General Description of project includes Remediation and Demolition Project Management A Air Monitoring during the remediation and demolition of structures identified in the Highway 71 East Square Redevelopment District #1 project in Fayetteville, Arkansas. 0 Project Management - Provide Project Management and Air Monitoring during the remediation and demolition of structures identified in the Highway 71 East Square Redevelopment District #1 project in Fayetteville, Arkansas, as identified in the Pmjed Design e5' Speafirmion prepared specifically for this project Provide onsite air sample collection and analysis. • Provide Close-Out Documentation for Project • EEG will provide all required insurance, including Worker's Compensation, Automobile and Comprehensive General Liability • Utilities at the subject site are to be provided by the Omer Onsite Project Management, including Air Monitoring $302000.00 Ddty throughout the mune of the pmjea at$750.00 per 10-HourShift The Cumw utimate ofpmject duration it 8 mekr. Time ertimate mar provided by othen. Report Generation $850.00 AAK Date G'ty ofF e evilk EEG Environmental April 15, 2005 Enterprise Group, Inc. Mr. Coy Hurd, Ph.D. City of Fayetteville 113 West Mountain Fayetteville, Arkansas 72701 RE: ♦ REMEDIATION AND DEMOLITION PROJECT MANAGEMENT AND AIR MONITORING SERVICES • Proposal #PO5-078 • Highvay 71 East Square Redevelopment District # 1 ♦ Fayetteville, Arkansan Dear Mr. Hurd: ENVIRONMENTAL ENTERPRISE GROUP, INC. (EEG) appreciates the opportunity to provide you with this proposal to provide environmental consulting assistance to the City of Fayetteville. Attached is EEG's standard TECHNICAL SERVICES AGREEMENT and a fee schedule for our consulting services to be provided. EEG appreciates the opportunity to provide our environmental consulting services to the City of Fayetteville. Please sign and return the agreement to our Fayetteville Office. Upon receipt of the signed agreement, EEG is prepared to begin this project for you immediately upon notice to proceed. If you have any questions or require further information, please contact me at (479) 444-0438. Sincerely, Environmental Enterprise Group, Inc. �V Keith Zimmerman President Attachments CVZ�D FAYETTEVIPLE �� THE CITY OF FAYETTEVILLE, ARKANSAS �iviea/nt� Tim �fu•�rrsa.. C�'uP DEPARTMENTAL CORRESPONDENCE May 3, 2005 City Council Meeting TO: Mayor Dan Coody and Fayetteville City Council THROUGH: Stephen Davis, Financial and Internal Services Directo� FROM: Coy Hurd, Project Manager DATE: April 14, 2005 V SUBJECT: A resolution approving a contract with the Environmental Enterprise Group, Inc. (EEG), for demolition project management and air monitoring at the Mountain Inn Demolition Project. In addition, a bid wavier is requested. Recommendation: Staff recommends the acceptance of the proposed price of $30,855 for the services of the EEG Company, to consist of oversight of the abatement of hazardous materials (including air monitoring), and oversight of the demolition work. Background: The EEG Company was hired by the developers of the site to produce the specifications and bid documents for the demolition effort and for the abatement of asbestos and other hazardous materials present in the targeted buildings. The bid for this work is scheduled to open on April 25. Discussion: Assuming that a successful bid is received on the 25 ", further services will be required on the demolition site. The services needed have been delineated above. These services are required for the successful completion of the demolition effort. A bid wavier is requested as it would not be feasible to bid this work. The project requires that EEG maintain oversight, as they are authors of the specifications and bid documents. Budget Impact: The amount of $887,000 has been set aside for all costs associated with the demolition of these structures. The developers have given a verbal commitment to make up any difference for any overrun, should it occur. The fee of $30,850 would be taken from this amount. Y Il I t' t; it 1]l C it a'. 111Crprise G1l01I ! i . I II C . April 11 , 2005 Mr. Coy Hurd City of Fayetteville 113 West Mountain Fayetteville, Arkansas 72703 RE: ♦ REMEDIATION AND DEMOLITION PROJECT MANAGEMENT AND AIR MONITORING ♦ Proposal #PO5-078 Highmoy 71 East Square Redeml pment Dinnd # 1 * Fayetteville, Arkansas Dear Mr. Hurd: Thank you for considering ENVIRONMENTAL ENTERPRISE GROUP, INC. (EEG) regarding your environmental needs. EEG is pleased to submit the attached proposal for Remediation and Demolition Project Management & Air Monitoring, and air monitoring to be performed at the above-referenced project located in Fayetteville, Arkansas. The members of EEG's professional management staff have more hands-on experience in dealing with the aspects of environmental issues than any other environmental consulting company in this region. EEG has all of the certifications and accreditations necessary to provide environmental consulting and a complete range of analytical services. EEG also provides our clients with $5,000,000 professional liability insurance coverage from an "A" rated carrier. The attached fee schedule includes Remediation and Demolition Project Management & Air Monitoring. EEG is prepared to begin the scheduling and coordination of this project immediately upon formal notice to proceed. Upon completion of the proposed work, EEG will provide you with the final report within 30 days. Thank you for the opportunity to provide the City of Fayetteville with this proposal for Remediation and Demolition Project Management & Air Monitoring. If this proposal is acceptable, please acknowledge by signing the attached Scope of Work and Fee Schedule document and returning to our office via facsimile at (501) 968-1956. If you have any questions or require further information, please contact me at (800) 530-7968 or via email at I will be glad to help in any way, and look forward to hearing from you soon. sincerrellly$ �(�µ/�� 6�6 � ` Bob E. Smith Vice President ORDINANCE NO. AN ORDINANCE TO WAIVE NORMAL COMPETITIVE BIDDING AND TO AWARD A CONTRACT IN THE AMOUNT OF $30,855.00 TO ENVIRONMENTAL ENTERPRISE GROUP, INC. FOR REMEDIATION, DEMOLITION PROJECT MANAGEMENT, AND AIR MONITORING WHEREAS, because EEG, Inc. prepared the specification and bid documents for the remediation and demolition of the Mountain Inn and adjoining properties and for abatement of the asbestos and other hazardous materials, it is uniquely qualified to perform the project management and air monitoring needed for this demolition project. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby finds that Environmental Enterprise Group, Inc. 's unique circumstance stated above constitutes an exceptional situation in which competitive bidding is not feasible or practical. Therefore, the City Council waives competitive bidding and approves the attached contract with Environmental Enterprise Group, Inc. in the amount of $30,855.00 and authorizes Mayor Coody to sign this contract. PASSED and APPROVED this 3rd day of May 2005. APPROVED: 10 By: DAN COODY, Mayor ATTEST: By: SONDRA SMITH, City Clerk TECHNICAL SERVICES AGREEMENTCL��� This Agreement for professional consulting services has beef between Environmental Enterprise Group, Inc. (hereinafter refeiizu w as tEU) and City of Fayetteville on this 3 rA day of A4 aV , 2005. EEG shall perform the services described below in accordance witil the and Conditions of this Agreement. PROJECT: Highway 71 East Square Redevelopment District #1 Fayetteville, Arkansas City of Fayetteville and EEG agree that the following provisions shall be a part of their agreement: 1 . SERVICES TO BE PERFORMED. General Description of project includes Remediation and Demolition Project Management & Air Monitoring during the remediation and demolition of structures identified in the Highway 71 East Square Redevelopment District #1 project in Fayetteville, Arkansas. (A) Project Management - Provide Project Management and Air Monitoring during the remediation and demolition of structures identified in the Highway 71 East Square Redevelopment District # 1 project in Fayetteville, Arkansas, as identified in the Project Design & Specification prepared specifically for this project. Provide onsite air sample collection and analysis. *Provide Close-Out Documentation for Project *EEG will provide all required insurance, including Worker' s Compensation, Automobile and Comprehensive General Liability *Utilities at the subject site are to be provided by the Owner 2 . COMPENSATION. The City of Fayetteville shall compensate EEG for its Professional Services as outlined in the Schedule of Fees attached hereto as Attachment "A" in a not to exceed amount of $30,850.00. 3 . PAYMENT. EEG will bill City of Fayetteville monthly for all project expenses in accordance with the Schedule of Fees. All invoices are due upon presentation and shall be past due if not paid within twenty (20) days. If City of Fayetteville objects to any portion of an invoice, City of Fayetteville shall notify EEG in writing within five (5) business days of receipt of the invoice. City of Fayetteville shall identify the specific cause of the disagreement and shall pay when due the portion of the invoice not in dispute.