Loading...
HomeMy WebLinkAbout2005-11-29 - Agendas - Final 7aye evIlle A R KANSAS WATER/SEWER COMMITTEE AGENDA Meeting Date of November 29 2005 COMMITTEE: Chairman Kyle Cook; Alderman: Lioneld Jordan, Bobby Ferrell, Robert Reynolds COPY TO: Mayor Dan Coody, Sondra Smith, Gary Dumas, ftye avis, Susan Thomas, Tim Conklin, Jeremy Pate, Ron Petrie FROM: David Jurgens, Water and Wastewater Director A meeting of the Fayetteville Water and Sewer Committee is planned fo ovember 2920055 at 5:30 PM, Room 326, Fayetteville City Hall. Proposed topics include: 1. Approval of the Minutes of November 7 Water/Sewer Committee Meeting. 2. WSIP Update. a. Presentation by Stephens Inc on financing options for the WSIP. b. ECO Construction Phase Services Contract. This contract was presented to the City Council on 19 July; staff pulled it from the agenda for further review. As construction contracts are getting underway, it is time to bring this contract forward. The attached contract amendment has been renegotiated and the scope of work revised with significant input from both consultants executing design work on the west side system. This contract covers all environmental and storm water overwatch for all aspects of the WSIP, including pre, during, and post construction activities. c. Project Staffing. A draft budget is being developed identifying anticipated staffing needs for WSIP management. The plan includes three staff members (project manager, inspector, secretary) and two vehicles, all to be paid for out of the project. d. Backup Power Generator Alternatives. Last spring, the City purchased a backup power generator from Power Secure, and secured their services for peak usage power management for 2005. Staff is pleased to announce that using the generator under Power Secure's management has created a monthly savings of $16,000 by using the generators during peak consumption periods. Staff has received a proposal from Power Secure for purchase of the generators required for the West Side WWTP and the Hamestring Lift Station. e. Easement Status Update. The updated easement status spreadsheet is attached. 3. West Side (Hamestrinn Basin) Interim Sewer Collection System Evaluation. The draft report, received this week from the RJN group, identifies short term alternatives in the Hamestring basin. This report, based on current real data, confirms earlier analysis that, if we maintain the current rate of new services coming on line plus a safety factor, no temporary wastewater facilities should be needed in the Hamestring basin. The final report will identify short term alternatives should the growth rate increase; the final report will be presented within two weeks. 4 Sanitary Sewer Rehabilitation Project Update. a. Basin 1-5, 18 & 19 Sewer Rehabilitation Construction. All easements are obtained; side letters are being incorporated into the contract documents. This project will advertise in December with a bid opening in January. This project involves replacing approximately 15,000 feet of sanitary sewers city wide, and is funded in part by the USEPA STAG grant loans. b. Hamestring Basin Sewer Evaluation. Smoke testing is completed, manhole investigations are almost complete, and further field investigations are underway. W-S committee 29 Nov 05.doc c. Farmington Area. Manhole rehabilitation is complete. The last videos were delivered two weeks ago to our consultant. Final design is underway for line work, in accordance with the arbitration agreement. d. Insituform Term Contract Renewal. In 2002 Fayetteville solicited sealed bids for cured-in-place sewer lining services, with Insituform submitting the successful bid proposal, Under the terms of the agreement, these sewer rehabilitation services can be renewed annually for up to five years. To date, there has been no increase in the cost from the 2002 bid, although it is likely there will be an increase in unit prices for 2006. Insituform is a product that allows sewer main replacement via lining with minimal excavation and using in-house engineering. The resulting cost is less than half of contracted work, but can only be used in specific applications. These services are used on an as-needed basis as part of the ongoing sanitary sewer rehabilitation program. 5. Double Springs Road Development Request to Tie to Sewer. The City has received a request for a proposed subdivision on Double Springs Road to tie to the sanitary sewer system. The development requested to be annexed into the City, but was advised to not do so because such annexation would create a small island. A copy of the requestor's letter, with a map, will be handed out at the meeting. 6. ON Contract Amendment No. 13. for 2006. Staff will present the 2006 OMI Contract amendment, attached. The operating expenses for fiscal year 2006 contain a slight increase from 2005 due to significantly higher fuel and electrical costs, labor, aging equipment and growth of loadings. The annual increase in contract value is 5%. Such escalation is considerably below the combined effects of the +3% of customer growth and the ± 2.5% cost-of-living adjustment. 7. Beaver Water District Negotiations. In an effort to continue improving the water quality of Beaver Lake, the City of Fayetteville, ADEQ, and Beaver Water District (BWD) are wonting together to develop an agreement between BWD and the City relating to storm water runoff, stream preservation, and watershed protection. This agreement is an alternative to making our already strict NPDES permit even more stringent. The work identified within the agreement should be a net cost savings to the City and should produce more tangible results for water quality. 8. Elkins Contract Review. The final Elkins contract is currently tabled indefinitely. To consider the contract a City Council member will need to move to bring the contract off the table. 9. Farmington Contract Update. Staff will present an update on the contract negotiations with Farmington which will include a discussion of growth management strategies for utilization of the West Plant. One of the strategies includes utilizing the Master Facility Plan as amended in July 2001 to serve as a guide. 10 Consideration of Postponement of the Next Sewer Rate Increase. The Mayor has requested Staff to develop rate implementation options for Sewer Committee consideration. 11 Discussion of Implementing a CPI Indexed Water Rate Adjustment. Implementation method of financial policy number 4 — Rates should be stable over time. 12. Scheduling the Next WateNSewer Committee Meeting. Staff recommends the next W/S Committee meeting be scheduled for Tuesday, December 20 at 5:30 in room 326. Attachments: ECO, Inc., Contract Amendment Easement Status Spreadsheet OMI Contract Amendment W-S committee 29 Nov 05.doc AMENDMENT NO. 2 TO AGREEMENT FOR - ENVIRONMENTAL CONSULTING SERVICES Between CITY OF FAYETTEVILLE, ARKANSAS And ENVIRONMENTAL CONSULTING OPERATIONS, INCORPORATED BENTON, ARKANSAS WHEREAS, On September 16, 2003 the City of Fayetteville, Arkansas (FAYETTEVILLE) and Environmental Consulting Operations, Inc. of Benton, Arkansas (ECO) entered into an agreement for environmental consulting services in connection with the Wastewater System Improvement Project (Project). Scope of services being provided includes environmental consultant services related to various environmental permits, best management practices for construction and wetland mitigation activities, and WHEREAS, ECO has proceeded with these services in accordance with the scope set forth in the agreement, and WHEREAS, Amendment No. 1 to the agreement included environmental consultant services in connection with INTERCEPTOR SEWER REALIGNMENT-SPRINGWOODS SUBDIVISION; and WHEREAS, FAYETTEVILLE requests the scope of ECO's services be amended to include "CONSTRUCTION/POST CONSTRUCTION PHASE ENVIRONMENTAL CONSULTING SERVICES"; and WHEREAS, ECO agrees to provide amended scope of services on an hourly rate basis with a not-to- exceed additional cost of Five Hundred Seventy-Nine Thousand Three Hundred and Forty-Nine U.S. Dollars (US $5795349). NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained, FAYETTEVILLE and ECO, the parties hereto, stipulate and agree that the Agreement for Environmental Consulting Services dated September 16, 2003, is hereby amended in the following particulars: SECTION 1 - AUTHORIZATION OF SERVICES 1.1 Services on any assignment shall be undertaken only upon written Authorization of FAYETTEVILLE and agreement of ECO. 1.2 Assignments may include services described hereafter as Basic Services or as Additional Services of ECO. 1.3 Changes, modifications or amendments in scope, price or fees to this contract shall not be allowed without a formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, costs, fees, or delivery schedule. 112105ECOContractAmendNo2.pdf A- 1 SECTION 2 - BASIC SERVICES OF ECO 2.1 General 2.1.1 Perform environmental consulting services in connection with the Project as hereinafter stated, which shall include normal environmental consulting services incidental thereto. 2.1.1.1 The Scope of Services to be furnished by ECO during the Construction Phase is included in Section 2.2 hereafter and in Appendix A attached hereto and made part of this Agreement. 2.1.1.2 The Scope of Services to be furnished by ECO during the Post-Construction Phase, if - any, will be finalized and contained in an amendment to this Agreement prior to commencement of the Post-Construction Phase. 2.1.1.3 The preliminary Scope of Services to be furnished by ECO for Resident Services During Construction, if any, will be finalized and contained in an amendment to this Agreement prior to commencement of the Construction Phase. 2.1.2 The environmental consulting services to which this Agreement applies are a part of the Wastewater System Improvement Project. ECO shall coordinate their activities and services primarily with FAYETTEVILLE Water and Wastewater Director and all other parties that FAYETTEVILLE may contract with for program management or professional design services as a part of the Wastewater System Improvement Project. 2.2 Construction Phase 2.2.1 Conduct periodic visual on-site observations of construction activities to evaluate implementation of Best Management Practices (BMPs) and regulatory compliance status of activities conducted by Contractors and develop written reports to document observations and provide recommendations to applicable Design Professionals and FAYETTEVILLE, and assist Design Professionals in the preparation of other related documents pertaining to environmental regulatory issues, as described in Appendix A of this Agreement. 2.2.1.1 Text documents shall be provided to FAYETTEVILLE in Microsoft® Word, Microsoft Excel, and Adobe PDF version 2004 software. 112105ECOContractAmendNo2.pdf A- 2 112105 Y 2.2.1.2 When requested by FAYETTEVILLE's Water and Wastewater Director, prepare for and attend up to two City Council meetings to provide periodic updates on the progress of the environmental regulatory program. 2.2.2 Prepare technical criteria and written descriptions to address environmental regulatory compliance status or requests for information by governmental authorities having jurisdiction to review or approve the environmental regulatory permitting of the Project. Assist FAYETTEVILLE in consultations with appropriate authorities. 2.2.3 Furnish Design Professionals with applicable environmental regulatory documents, specific to their scopes of work. 2.2.3.1 Fully disclose all subcontract agreements including the name and address of the subconsultant, the scope of services to be provided and the value of the subcontract agreement. 2.2.4 Render monthly compliance evaluation reports to FAYETTEVILLE and confirm status of compliance with environmental regulatory compliance schedule. 2.2.5 Provide to the FAYETTEVILLE in a format mutually acceptable to the FAYETTEVILLE and ECO such schedules, reports, project summaries, and other data as may be required, for posting by others on a project web site to allow the public to monitor and review the activities, materials, and financial status of the project. Refresh the data supplied to the FAYETTEVILLE no more frequently than monthly. 2.2.6 Arrange for applicable environmental regulatory permit requirements to be sent to project Design Professionals who will be performing Construction Phase services and preparing notices to be sent to Contractors. 2.2.7 FAYETTEVILLE shall organize, convene and conduct Pre-Bid Conferences. ECO shall not be required to attend the Pre-Bid Conferences. As needs arise for further explanations of the environmental regulatory requirements or as questions are posed from prospective bidders, FAYETTEVILLE will communicate such issues to directly to ECO. ECO shall consider the questions received and provide the necessary clarifications and changes to FAYETTEVILLE for dissemination to concerned parties. 112105ECOContractAmendNo2.pdf A- 3 112105 2.2.8 FAYETTEVILLE and applicable Design Professional shall organize, convene and conduct Pre-Construction Conferences. ECO shall not be required to attend the Pre-Construction Conferences. ECO shall consider the questions received from successful bidders, after Pre- Construction Conferences and provide the necessary clarifications and answers to FAYETTEVILLE for dissemination to concerned parties. 2.2.9 See Appendix A for additional services or clarification of services to be provided by ECO. 2.3 Post-Construction Phase 2.3.1 The scope of Post-Construction Phase Services, if any, will be negotiated prior to commencement of the Post-Construction Phase. 2.4 Resident Services During Construction 2.4.1 The scope of Resident Services During Construction, if any, will be negotiated prior to commencement of the Construction Phase. SECTION 3 - ADDITIONAL SERVICES OF ECO 3.1 General If authorized in writing by the FAYETTEVILLE Mayor and the City Council and agreed to in writing by ECO, ECO shall furnish or obtain from others Additional Services of the following types that are not considered normal or customary Basic Services. The scope of Additional Services may include: 3.1.1 Furnishing renderings or Project documents concerning construction costs for FAYETTEVILLE's use. 3.1.2 Miscellaneous Studies Investigations, studies, or surveys for wetland mitigation on real property other than the West Side Wastewater Treatment facility property currently owned by FAYETTEVILLE. 3.1.3 Preparing to serve or serving as a witness for FAYETTEVILLE in any litigation or other proceeding involving the Project. 3.1.4 Extra Services 112105ECOContractAmendNo2.pdf A-4 112105 3.1.4.1 Services not specifically defined heretofore that may be authorized by FAYETTEVILLE. 3.2 Contingent Additional Services 3.2.1 If services described under Contingent Additional Services in Paragraph 3.2 are required due to circumstances beyond ECO's control, ECO shall notify FAYETTEVILLE and request a formal contract amendment approved by the Mayor and the City Council prior to commencing such services. If FAYETTEVILLE deems that such services described in 3.2 are not required, FAYETTEVILLE shall give prompt written notice to ECO. If FAYETTEVILLE indicates in writing that all or parts of such Contingent Additional Services are not required, ECO shall have no obligation to provide those services. 3.2.2 Making revisions in Drawings, Specifications, or other documents when such revisions are: 3.2.2.1 Required because of inconsistent approvals or instructions previously given by FAYETTEVILLE, including revisions to drawings, specifications, or other documents made necessary by adjustments in FAYETTEVILLE's program or Project Budget. 3.2.2.2 Required by the enactment or revision of codes, laws, or regulations subsequent to the preparation of such documents. SECTION 4 - RESPONSIBILITIES OF FAYETTEVILLE FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of ECO: 4.1 Provide full information as to FAYETTEVILLE's requirements for the Project. 4.2 Assist ECO by placing at ECO's disposal all available information pertinent to the assignment including previous reports and any other data relative thereto. 4.3 Guarantee access to and make all provisions for ECO to enter upon public and private property as required for ECO to perform his services under this Agreement. 4.4 Examine all studies, reports, sketches, cost opinions, construction reports, drawings, proposals, and other documents presented by ECO and render in writing decisions pertaining thereto. 112105ECOContractAmendNo2.pdf A- 5 112105 4.5 Provide such professional legal, accounting, financial, and insurance counseling services as may be required for the Project. 4.6 Designate in writing a person to act as FAYETTEVILLE's representative with respect to the services to be performed under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define FAYETTEVILLE's policies and decisions with respect to materials, equipment, elements and systems to be used in the Project, and other matters pertinent to the services covered by this Agreement. 4.7 Give prompt written notice to ECO whenever FAYETTEVILLE observes or otherwise becomes aware of any defect in the Project. 4.8 Furnish approvals, correspondence, Notices of Violation, and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. Pay directly to the governmental authorities the actual filing and permit fees. 4.9 Pay for placement of legal notices and advertisements in newspapers or other publications required by program requirements of the Wastewater System Improvement Project. 4.10 Furnish, or direct ECO to provide, necessary Additional Services as stipulated in Section 3 of this Agreement or other services as required. 4.11 If FAYETTEVILLE's standard bidding requirements, Agreement forms and General Conditions are to be used, FAYETTEVILLE shall provide copies of such documents for ECO's use in coordinating the Contract Drawings and Specifications. 4.12 FAYETTEVILLE and/or its representative will review all documents and provide written comments to ECO in a timely manner. SECTION 5 - PERIOD OF SERVICE 5.1 This Agreement will become effective upon the first written notice by FAYETTEVILLE authorizing services hereunder. 5.2 The provisions of this Agreement have been agreed to in anticipation of the orderly progress of the Project through completion of the services stated in the Agreement. ECO will proceed with providing the authorized services immediately upon receipt of written authorization 112105ECOContractAmendNo2.pdf A- 6 112105 from FAYETTEVILLE. The scope of services described in Appendix A are not anticipated to extend beyond February 2009. Said authorization shall include the scope of the services authorized and the time in which the services are to be completed. SECTION 6 - PAYMENTS TO ECO 6.1 Compensation 6.1.1 Construction Phase Services For the Scope of Services during the Construction Phase described herein, FAYETTEVILLE shall pay ECO the sum of the following: 6.1.1.1 For time expended by personnel, payment at the hourly rates indicated in the attached "Schedule of Hourly Professional Service Billing Rates". Such rates include overhead and profit. The schedule is effective January 1, 2005, and will be revised annually. 6.1.1.2 For outside expenses incurred by ECO, such as authorized travel and subsistence, including airfare, food, lodging, automobile rental, commercial services, courier deliveries, and incidental expenses, the cost to ECO. 6.1.1.3 The total payment for the Basic Scope of Services described in Appendix A is a lump sum, "not to exceed" amount of Five Hundred Seventy-Nine Thousand Three Hundred and Forty-Nine U.S. Dollars (US $579,349). The total payment is based on expending no more than 4,452 person-hours. 6.1.1.4 Subject to the City Council approval, adjustment of the not-to-exceed amount may be made should ECO establish and FAYETTEVILLE 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 FAYETTEVILLE decides to shorten the duration of work from the time period specified in the Agreement for completion of work and such modification warrants such adjustment. Changes, modifications or amendments in scope, price or fees to this Contract shall not be allowed without formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost, fees, or delivery schedule. 112105ECOContractAmendNo2.pdf A - 7 112105 6.2 Statements 6.2.1 Monthly statements for each calendar month shall be submitted to FAYETTEVILLE or such parties as FAYETTEVILLE may designate for Construction Phase services consistent with ECO's normal billing schedule. Once established, the billing schedule shall be maintained throughout the duration of the Project. Applications for payment shall be made in accordance with a format to be developed by ECO and approved by FAYETTEVILLE. Final payment for Construction Phase services shall be made upon FAYETTEVILLE's approval and acceptance with the satisfactory completion of the Construction Phase for the Project. 6.2.2 Statements and updated environmental regulatory compliance status report for each calendar month will be submitted in electronic format simultaneously to FAYETTEVILLE, followed by signed original document to FAYETTEVILLE. Statements will be based on ECO's estimated percent of services completed at the end of the preceding month, and justified. 6.3 Payments All statements are payable upon receipt and due within thirty (30) days. If a portion of ECO's statement is disputed by FAYETTEVILLE, the undisputed portion shall be paid by FAYETTEVILLE by the due date. FAYETTEVILLE shall advise ECO in writing of the basis for any disputed portion of any statement. FAYETTEVILLE will make reasonable effort to pay invoices within 30 days of date the invoice is approved, however, payment within 30 days is not guaranteed. 6.4 Final Payment Upon satisfactory completion of the work performed under this Agreement, as a condition before final payment under this Agreement, or as a termination settlement under this Agreement, ECO shall execute and deliver to FAYETTEVILLE a release of all claims against FAYETTEVILLE arising under or by virtue of this Agreement, except claims which are specifically exempted by ECO to be set forth therein. Unless otherwise provided in this Agreement or by State law or otherwise expressly agreed to by the parties to this Agreement, final payment under this Agreement or settlement upon termination of this Agreement shall not constitute a waiver of FAYETTEVILLE's claims against ECO or his sureties under this Agreement or applicable performance and payment bonds, if any. 112105ECOContractAmendNo2.pdf A- 8 112105 6.4.1 Post-Construction Phase Services This section is reserved for future details concerning this phase, if any. This Agreement shall be amended to include payment conditions prior to commencement of Post-Construction Phase Services. 6.4.2 Resident Services During Construction This section is reserved for future details concerning this phase, if any. This Agreement shall be amended to include payment conditions prior to commencement of Resident Services During Construction. 6.4.2 Additional Services For authorized Additional environmental consulting services under Section 3, "Additional Services", compensation to ECO shall be negotiated at the time Additional Services are authorized. SECTION 7 - GENERAL CONSIDERATIONS 7.1 Insurance 7.1.1 During the course of performance of these services, ECO will maintain (in United States Dollars) the following minimum insurance coverages: kpe of Coverage Limits of Liability Workers' Compensation Statutory Employers' Liability $500,000 Each Accident Commercial General Liability Bodily Injury and $1,000,000 Combined Single Limit Property Damage Automobile Liability: Bodily Injury and $1,000,000 Combined Single Limit Property Damage Professional Liability Insurance $1,000,000 Each Claim ECO will provide to FAYETTEVILLE certificates as evidence of the specified insurance within ten days of the date of this Agreement and upon each renewal of coverage. 7.1.2 Construction Contractors shall be required to provide (or FAYETTEVILLE may provide) Owner's Protective Liability Insurance naming FAYETTEVILLE as a Named Insured and ECO as additional insured, or, to endorse FAYETTEVILLE, and ECO as additional 112105ECOContractAmendNo2.pdf A- 9 112105 insureds on construction Contractor's liability insurance policies covering claims for personal injuries and property damage. Construction Contractors shall be required to provide certificates evidencing such insurance to FAYETTEVILLE, and ECO. All contract insurance carriers shall be required to list FAYETTEVILLE, and ECO as certificate holders, furnishing copies of the contractor's insurance certificate to each party 7.1.3 FAYETTEVILLE and ECO waive all rights against each other and their officers, directors, agents, or employees for damage covered by property insurance during and after the completion of ECO's services. All construction Contractors shall be required to provide waivers of subrogation in favor of FAYETTEVILLE and ECO for damage or liability covered by any construction Contractor's policy of insurance. 7.1.4 Neither the professional activities of ECO, nor the presence of ECO or ECO's employees and subconsultants at a construction site, shall relieve the Contractors and any other entity of their obligation, duties, and responsibilities including, but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending or coordinating all portions of the work of construction in accordance with the contract documents and any health or safety precautions required by the regulatory agencies. ECO and ECO's personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their scope of work or any health or safety precautions. FAYETTEVILLE agrees that the construction contractors are solely responsible for jobsite safety, and warrants that this intent shall be made evident in FAYETTEVILLE'S agreement with all contractors. FAYETTEVILLE also agrees that FAYETTEVILLE, ECO and ECO's subconsultants shall be indemnified and shall be made additional insureds under the construction contractor's general liability insurance policy. 7.1.5 ECO will not possess broad responsibilities in relation to construction activities, including both contractual and de facto authority over the work of the trade contractors; and, will not be directly and substantially engaged in activities that were integrally connected with safety issues, notwithstanding contract language expressly disclaiming safety responsibility. 7.1.6 FAYETTEVILLE agrees that ECO will not be responsible for any damages caused by surface excavations or subsurface penetrations for surface and underground improvements performed by others. 112105ECOContractAmendNo2.pdf A— 10 112105 7.1.7 It is acknowledged by FAYETTEVILLE that ECO's scope of services does not include any services related to asbestos or hazardous or toxic materials. In the event that ECO or any other party encounters asbestos or hazardous or toxic materials at the jobsite, or should it become known in any way that such materials may be present at the jobsite or any adjacent areas that may effect the performance of ECO's services, ECO may, at ECO's option and without liability for consequential or any other damages, suspend performance of services on the project until FAYETTEVILLE retains appropriate specialist consultant(s) or contractor(s) to identify, abate and/or remove the asbestos or hazardous or toxic materials, and warrant that the jobsite is in full compliance with applicable laws and regulations. 7.1.8 FAYETTEVILLE, and ECO waive all rights against each other and their officers, directors, agents, or employees for property damage covered by property insurance during and after the completion of ECO's services. All construction Contractors shall be required to provide waivers of subrogation in favor of FAYETTEVILLE and ECO for damage or liability covered by any construction Contractor's policy of insurance. In addition, a provision similar to this shall be incorporated into all Construction Subcontracts entered into by construction Contractors and subcontractors with waivers of subrogation in favor of FAYETTEVILLE and ECO for damage or liability covered by any construction Contractor's or subcontractor's policy of insurance. 7.2 Professional Responsibility 7.2.1 ECO will exercise reasonable skill, care, and diligence in the performance of ECO's services and will carry out its responsibilities in accordance with customarily accepted environmental consulting services ordinarily exercised by members of the same profession currently practicing under similar circumstances. FAYETTEVILLE will promptly report to ECO any defects or suspected defects in ECO's services of which FAYETTEVILLE becomes aware, so that ECO can take measures to minimize the consequences of such a defect. FAYETTEVILLE and ECO further agree to impose a similar notification requirement on all construction contractors in the Bid Documents and shall require all subcontracts at any level to contain a like requirement. FAYETTEVILLE retains all remedies to recover for its damages caused by any negligence of ECO. 7.2.2 In addition ECO will be responsible to FAYETTEVILLE for damages caused by its negligent conduct during its activities at the Project Site to the extent covered by ECO's 112105ECOContractAmendNo2.pdf A— 11 112105 Commercial General Liability and Automobile Liability Insurance policies as specified in Paragraph 7.1.1 . 7.2.3 ECO has no control of any regulatory control authority's subjectiveness in regulatory interpretations, the dynamics of environmental regulations, nor the retroactiveness thereof. Additionally, ECO has no control over any Contractor's implementation of BMPs or compliance status and is therefore not responsible for maintaining compliance with terms and conditions of any environmental regulatory permit. Observations and recommendations made by ECO in no way guarantees or warranties compliance with environmental regulatory requirements. 7.2.4 ECO shall visit the project site at appropriate intervals during construction to become generally familiar with the progress and quality of the Contractors' work to determine if the work is proceeding in general conformance with the applicable sections of the Bid Documents pertaining to environmental regulatory requirements. FAYETTEVILLE has not retained ECO to make detailed inspections or to provide exhaustive or continuous project review and observation services. ECO does not guarantee the performance of, and shall have no responsibility for, the acts or omissions of any Contractor, subcontractor, supplier, or any other entity furnishing materials or performing any work on the project 7.2.5 If ECO for any reason does not complete the scope of services contemplated by this Agreement, ECO cannot be responsible for the accuracy, completeness, or workability of the any Bid Documents or Construction Phase documents prepared by ECO, if used, changed, or completed by another party. Accordingly, FAYETTEVILLE agrees to the fullest extent permitted by law, to indemnify and hold ECO harmless from any claim, liability, or cost (including reasonable attorney's fees and defense costs) for injury or loss arising or allegedly arising from such use, completion or any unauthorized changes made by any party to any document prepared by ECO. 7.3 Changes FAYETTEVILLE shall have the right to make changes within the general scope of ECO's services, with an appropriate change in compensation and schedule only after Fayetteville City Council approval of such proposed changes and, upon execution of a mutually acceptable amendment or change order signed by the Mayor of FAYETTEVILLE and the President of ECO. 112105ECOContractAmendNolpdf A — 12 112105 7.4 Termination 7.4.1 This Agreement may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party, provided that no termination may be effected unless the other party is given: 7.4.1.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, 7.4.1.2 An opportunity for consultation with the terminating party prior to termination. 7.4.2 This Agreement may be terminated in whole or in part in writing by FAYETTEVILLE for its convenience, provided that ECO is given: 7.4.2.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, 7.4.2.2 An opportunity for consultation with the terminating party prior to termination. 7.4.3 If termination for default is effected by FAYETTEVILLE, an equitable adjustment in the price provided for in this Agreement shall be made, but 7.4.3.1 No amount shall be allowed for anticipated profit on unperformed services or other work, 7.4.3.2 Any payment due to ECO at the time of termination may be adjusted to cover any additional costs to FAYETTEVILLE because of ECO's default. 7.4.4 If termination for default is effected by ECO, or if termination for convenience is effected by FAYETTEVILLE, the equitable adjustment shall include a reasonable profit for services or other work performed. The equitable adjustment for any termination shall provide for payment to ECO for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by ECO relating to commitments which had become firm prior to the termination. 7.4.5 Upon receipt of a termination action under Paragraphs 7.4.1 or 7.4.2 above, ECO shall: 7.4.5.1 Promptly discontinue all affected work (unless the Notice directs otherwise), 112105ECOContractAmendNo2.pdf A— 13 112105 7.4.5.2 Deliver or otherwise make available to FAYETTEVILLE all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by ECO in performing this Agreement, whether completed or in process. 7.4.6 Upon termination under Paragraphs 7.4.1 or 7.4.2 above FAYETTEVILLE may take over the work and may award another party an agreement to complete the work under this Agreement. 7.4.7 If, after termination for failure of ECO to fulfill contractual obligations, it is determined that ECO had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of FAYETTEVILLE. In such event, adjustments of the agreement price shall be made as provided in Paragraph 7.4.4 of this clause. 7.5 Delays In the event the services of ECO are suspended or delayed by FAYETTEVILLE or by other events beyond ECO's reasonable control, ECO shall be entitled to additional compensation and time for reasonable costs incurred by ECO in temporarily closing down or delaying the Project. 7.6 Rights and Benefits ECO's services will be performed solely for the benefit of FAYETTEVILLE and not for the benefit of any other persons or entities. 7.7 Dispute Resolution 7.7.1 Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes between FAYETTEVILLE and ECO which arise from, or in any way are related to, this Agreement, including, but not limited to the interpretation of this Agreement, the enforcement of its terms, any acts, errors, or omissions of FAYETTEVILLE or ECO in the performance of this Agreement, and disputes concerning payment. 7.7.2 Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate. If timely Notice is given under Paragraph 7.7.3, but an action is initiated prior to exhaustion of these procedures, such action shall be stayed, upon application by either party to a court of 112105ECOContractAmendNo2.pdf A— 14 112105 proper jurisdiction, until the procedures in Paragraphs 7.7.3 and 7.7.4 have been complied with. 7.7.3 Notice of Dispute 7.7.3.1 For disputes arising prior to the making of final payment promptly after the occurrence of any incident, action, or failure to act upon which a claim is based, the party seeking relief shall serve the other party with a written Notice; 7.7.3.2 For disputes arising within one year after the making of final payment, FAYETTEVILLE shall give ECO written Notice at the address listed in Paragraph 7.12 within thirty (30) days after occurrence of any incident, accident, or first observance of defect or damage. In both instances, the Notice shall specify the nature and amount of relief sought, the reason relief should be granted, and the appropriate portions of this Agreement that authorize the relief requested. 7.7.4 Negotiation: Within seven days of receipt of the Notice, FAYETTEVILLE and ECO shall confer in an effort to resolve the dispute. If the dispute cannot be resolved at that level, then, upon written request of either side, the matter shall be referred to the President of ECO and the Mayor of FAYETTEVILLE or his designee. These officers shall meet at the Project Site or such other location as is agreed upon within 30 days of the written request to resolve the dispute. 7.8 FAYETTEVILLE represents that it has sufficient funds or the means of obtaining funds to remit payment to ECO for services rendered by ECO. 7.9 Publications Recognizing the importance of professional development on the part of ECO's employees and the importance of ECO's public relations, ECO may prepare publications, such as technical papers, articles for periodicals, and press releases, pertaining to ECO's services for the Project. Such publications will be provided to FAYETTEVILLE in draft form for FAYETTEVILLE's advance review. FAYETTEVILLE shall review such drafts promptly and provide FAYETTEVILLE's comments to ECO. FAYETTEVILLE may require deletion of proprietary data or confidential information from such publications, but otherwise FAYETTEVILLE will not unreasonably withhold approval. The cost of ECO's activities pertaining to any such publication shall be for ECO's account. 112105ECOContractAmendNo2.pdf A— 15 112105 7.10 Indemnification 7.10.1 FAYETTEVILLE agrees that it will require all construction Contractors to indemnify, defend, and hold harmless FAYETTEVILLE and ECO from and against any and all loss where loss is caused or incurred or alleged to be caused or incurred in whole or in part as a result of the negligence or other actionable fault of the Contractors, or their employees, agents, Subcontractors, and Suppliers. 7.11 Ownership of Documents All documents provided by FAYETTEVILLE including original drawings, disks of CADD drawings and cross sections, estimates, specification field notes, and data are and remain the property of FAYETTEVILLE. ECO may retain reproduced copies of drawings and copies of other documents. Documents, drawings, and specifications prepared by ECO as part of the Services shall become the property of FAYETTEVILLE when ECO has been compensated for all Services rendered, provided, however, that ECO shall have the unrestricted right to their use. ECO shall, however, retain its rights in its standard drawings details, specifications, databases, computer software, and other proprietary property. Rights to intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of ECO. Any files delivered in electronic medium may not work on systems and software different than those with which they were originally produced. ECO makes no warranty as to the compatibility of these files with any other system or software. Because of the potential degradation of electronic medium over time, in the event of a conflict between the sealed original drawings/hard copies and the electronic files, the sealed drawings/hard copies will govern. 112105ECOContractAmendNo2.pdf A— 16 112105 7.12 Notices Any Notice required under this Agreement will be in writing, addressed to the appropriate party at the following addresses: FAYETTEVILLE's address: 113 West Mountain Fayetteville, Arkansas 72701 ECO's address: 1313 Highway 229-5A Benton, Arkansas 72015 7.13 Successor and Assigns FAYETTEVILLE and ECO each binds himself and his successors, executors, administrators, and assigns to the other party of this Agreement and to the successors, executors, administrators, and assigns of such other party, in respect to all covenants of this Agreement; except as above, neither FAYETTEVILLE nor ECO shall assign, sublet, or transfer his interest in the Agreement without the written consent of the other. 7.14 Controlling Law This Agreement shall be subject to, interpreted and enforced according to the laws of the State of Arkansas without regard to any conflicts of law provisions. 7.15, Entire Agreement This Agreement represents the entire Agreement between ECO and FAYETTEVILLE relative to the Scope of Services herein. Since terms contained in purchase orders do not generally apply to professional services, in the event FAYETTEVILLE issues to ECO a purchase order, no preprinted terms thereon shall become a part of this Agreement. Said purchase order document, whether or not signed by ECO, shall be considered as a document for FAYETTEVILLE's internal management of its operations. SECTION 8 - SPECIAL CONDITIONS 8.1 Additional Responsibilities of ECO: 8.1.1 FAYETTEVILLE's review, approval, or acceptance of design drawings, specifications, reports and other services furnished hereunder shall not in any way relieve ECO of 112105ECOContractAmendNo2.pdf A— 17 112105 responsibility for the technical adequacy of the work. FAYETTEVILLE's review, approval or acceptance of, or payment for, any of the services shall not be construed as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. 8.1.2 ECO shall be and shall remain liable, in accordance with applicable law, for all damages to FAYETTEVILLE caused by ECO's negligent performance of any of the services furnished under this Agreement except for errors, omissions or other deficiencies to the extent attributable to FAYETTEVILLE or FAYETTEVILLE-furnished data. 8.1.3 ECO's obligations under this clause are in addition to ECO's other express or implied assurances under this Agreement or State law and in no way diminish any other rights that FAYETTEVILLE may have against ECO for faulty materials, equipment, or work. 8.2 Remedies Except as may be otherwise provided in this Agreement, all claims, counter-claims, disputes and other matters in question between FAYETTEVILLE and ECO arising out of or relating to this Agreement or the breach thereof will be decided in a court of competent jurisdiction within Arkansas. 8.3 Audit: Access to Records 8.3.1 ECO shall maintain books, records, documents and other evidence directly pertinent to performance on work under this Agreement in accordance with generally accepted accounting principles and practices consistently applied in effect on the date of execution of this Agreement. ECO shall also maintain the financial information and data used by ECO in the preparation of support of the cost submission required for any negotiated agreement or change order and send to FAYETTEVILLE a copy of the cost summary submitted. The United States Environmental Protection Agency, the Comptroller General of the United States, the United States Department of Labor, FAYETTEVILLE, the State or any of their authorized representatives shall have access to all such books, records, documents and other evidence for the purpose of inspection, audit and copying during normal business hours. .ECO will provide proper facilities for such access and inspection. 8.3.2 Records under Paragraph 8.3.1 above, shall be maintained and made available during performance on assisted work under this Agreement and until three years from the date of final payment for the project. In addition, those records which relate to any controversy 112105ECOContractAmendNo2.pdf A— 18 112105 arising out of such performance, or to costs or items to which an audit exception has been taken, shall be maintained and made available until three years after the date of resolution of such appeal, litigation, claim or exception. 8.3.3 This right of access clause (with respect to financial records) applies to: 8.3.3.1 Negotiated prime agreements: 8.3.3.2 Negotiated change orders or agreement amendments in excess of$10,000 affecting the price of any formally advertised, competitively awarded, fixed price agreement: 8.3.3.3 Agreements or purchase orders under any agreement other than a formally advertised, competitively awarded, fixed price agreement. However, this right of access does not apply to a prime agreement, lower tier subagreement or purchase order awarded after effective price competition, except: 8.3.3.3.1 With respect to record pertaining directly to subagreement performance, excluding any financial records of ECO; 8.3.3.3.2 If there is any indication that fraud, gross abuse or corrupt practices may be involved; 8.3.3.3.3 If the subagreement is terminated for default or for convenience. 8.4 Covenant Against Contingent Fees ECO warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement of understanding for a commission, percentage, brokerage or continent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by ECO for the purpose of securing business. For breach or violation of this warranty, FAYETTEVILLE shall have the right to annul this Agreement without liability or at its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 8.5 Gratuities 8.5.1 If FAYETTEVILLE finds after a notice and hearing that ECO or any of ECO's agents or representatives, offered or gave gratuities (in the form of entertainment, gifts or otherwise) to any official, employee or agent of FAYETTEVILLE, the State or EPA in an attempt to 112105ECOContractAmendNo2.pdf A— 19 112105 secure an agreement or favorable treatment in awarding, amending or making any determinations related to the performance of this Agreement, FAYETTEVILLE may, by written notice to ECO terminate this Agreement. FAYETTEVILLE may also pursue other rights and remedies that the law or this Agreement provides. However, the existence of the facts on which FAYETTEVILLE bases such finding shall be in issue and may be reviewed in proceedings under the Remedies clause of this Agreement. 8.5.2 In the event this Agreement is terminated as provided in Paragraph 8.5.1, FAYETTEVILLE may pursue the same remedies against ECO as it could pursue in the event of a breach of the Agreement by ECO. As a penalty, in addition to any other damages to which it may be entitled by law, FAYETTEVILLE may pursue exemplary damages in an amount (as determined by FAYETTEVILLE) which shall be not less than three nor more than ten times the costs ECO incurs in providing any such gratuities to any such officer or employee. 8.6 Arkansas Freedom of Information Act City contracts and documents, including internal documents and documents of subcontractors and sub- consultants, prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act (FOIA). If a Freedom of Information Act request is presented to the FAYETTEVILLE, ECO will provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. 8.7 Debarment And Suspension I certify that to the best of my knowledge and belief that the company that I represent and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 112105ECOContractAmendNo2.pdf A-20 112105 (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. I understand that a false statement on this certification regarding debarment and suspension may be grounds for rejection of this proposal or termination of the award. In addition, under 18 USC Sec. 1001, a false statement may result in a fine of up to $10,000 or imprisonment for up to 5 years, or both. I further certify that I will obtain a similar certification for each subcontract awarded in excess of$25,000. DEBARMENT CERTIFICATION AUTHORIZED REPRESENTATIVE COMPANY NAME: Environmental Consulting_Operations, Inc. (ECO) SIGNATURE: DATE: PRINTED NAME: Bruce Shackleford TITLE: President IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and ECO, by its authorized officer have made and executed this Agreement as of the day and year first above written. CITY OF FAYETTEVILLE, ARKANSAS By: Mayor ATTEST: By: City Clerk ENVIRONMENTAL CONSULTING OPERATIONS, INC. By: Title: Bruce Shackleford, President 112105ECOContractAmendNo2.pdf A- 21 112105 Changes, modifications or amendments in scope, price or fees to this Contract shall not be allowed without formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost, fees, or delivery schedule. END OF AGREEMENT FOR ENVIRONMENTAL CONSULTING SERVICES 112105ECOContractAmendNolpdf A- 22 112105 CITY OF FAYETTEVILLE AGREEMENT FOR ENVIRONMENTAL CONSULTING SERVICES APPENDIX A — SCOPE OF SERVICES FOR CONSTRUCTION PHASE I. GENERAL This is Appendix A, consisting of 9 pages, referred to in and part of the Agreement For Professional Environmental Consulting Services between CITY OF FAYETTEVILLE, ARKANSAS (FAYETTEVILLE) and ENVIRONMENTAL CONSULTING OPERATIONS, INC. (ECO) dated Initial: CITY OF FAYETTEVILLE ECO The following contains detailed Scope of Services tasks for the Construction Phase: Generally, the project will include the construction of FAYETTEVILLE's Westside sewer collection system improvements; Eastside sewer collection system improvements; Paul Noland Treatment Plant rehabilitation; and Westside Wastewater Treatment Facility, wetland mitigation site, and Broyles Road improvements. ECO's Scope of Services will be to observe implementation of the Environmental Regulatory Program during the Construction Phase. PART A - PROJECT ADMINISTRATION AND MANAGEMENT, AND TRAINING 1. Basic Scope of Services a) Project Administration i) Perform project initiation activities ii) Perform general administration and project management activities. iii) Perform ECO's internal project control including budgeting, scheduling, and quality control activities. • Provide environmental regulatory updates to FAYETTEVILLE for project website • Provide project environmental regulatory information to FAYETTEVILLE and Design Professionals • Review Contractor submittals associated with environmental compliance • Review Contractor Change Orders and Contract changes associated with wetland mitigation. ii) Meet with Arkansas Department of Environmental Quality (ADEQ) and US Army Corps of Engineers (Corps) if violations are identified. iv) Meet with individual Design Professionals for information exchange, goal setting, setting timelines, and reviewing plans/drawings. ECOAppA112105.pdf 1 b) Training The ADEQ general storm water permit requires inspections to be performed by qualified personnel, and defines "qualified personnel" as a person knowledgeable in the principles and practice of erosion and sediment controls and who possesses the skills to assess conditions at the site that could impact storm water quality and the effectiveness of the Best Management Practices (BMPs) selected to control the quality of storm water discharges. i) ECO will provide storm water pollution prevention training to Contractor and Design Professional's resident site representatives to assist them in gaining knowledge about contract-specific BMP implementation, proper recordkeeping requirements, and contract environmental specifications developed by ECO and to enhance implementation of a standardized Project Environmental Program. PART B - REGULATORY COMPLIANCE DURING CONSTRUCTION PHASE a) Site Observations ECO will conduct monthly site compliance observations. During the evaluations, ECO will identify activities that exhibit potential violations of environmental permits. These services shall include evaluations of erosion control structure implementation and maintenance, maintenance of required recordkeeping, and proper materials storage and disposal. ECO's site visitation services will include evaluations for compliance with the ADEQ general storm water permit for construction activity (ARR150541), Section 404 individual permit for west side construction activities, Nationwide Section 404 permit for east side construction activities, and compliance with Part 112 of Title 40 of the Code of Federal Regulations for oil storage requirements on construction sites. After each site visit, ECO will develop a brief report of findings to discuss the areas where corrective actions are needed. Whenever practicable, the monthly site compliance observations will be performed concurrently with Wetland Mitigation Site Observations, marking wetlands in the field, and Construction Site Coordination Meetings. b) Construction Site Coordination Meetings i) Due to the importance of communicating regulatory requirements early in the project, ECO will meet with the Design Professionals and selected Contractors after ECO completes monthly site compliance observations to provide clarification of contract-specific environmental regulatory requirements, discuss Section 02270 environmental specifications in Bid Documents and required contractor environmental submittals, and answer questions Contractors may have. This will serve to prevent misunderstandings and avoid noncompliance with environmental permit requirements. This will include preparation of handout materials and recordkeeping documents required by environmental permits, and review of Contractor environmental submittals. c) Field Marking Of Wetland Areas Designated For Temporary Disturbance And Restoration. i) ECO will assist applicable Design Professionals and Contractors in identifying locations of wetland areas designated for temporary disturbance and restoration. . ECOAppAl12105.pdf 2 ii) ECO will mark wetland areas in the field to facilitate easy observation in the field by Contractors and Design Professionals. Applicable wetland areas include: Contract WL-1: Old Wire to Gregg Contract WL-2: North to Poplar to Van Asche Contract WL-3: Porter to Hamestring Contract WL-4: Gregg to Hamestring Contract WL-5: Hamestring to WWTP Contract EL-1&2: Line 7 Contract EL-3: Line 4 d) Storm Water Pollution Prevention Plan for Construction Activity Revisions Currently, ADEQ is revising language to the storm water construction general permit (ARR150000) that will affect the FAYETTEVILLE's Wastewater Improvements Project. ECO participates on the Storm Water Permit Task Force that is currently working with ADEQ to review the forthcoming permit revisions. The revised permit is anticipated to become effective in early 2006. i) Upon the issuance of the "modified" general storm water permit, ECO will revise the Master Comprehensive Best Management Practices Plan, and the Addendum Comprehensive Best Management Plans for all project construction contracts, as required by the permit. e) Storm Water Construction Permit Notice Of Termination When all storm water discharges associated with construction activities that are authorized by the general permit have ceased, and final stabilization of disturbed areas has been achieved, a notification letter may be submitted by the FAYETTEVILLE to ADEQ on a contract- specific basis. FAYETTEVILLE will be required to certify that disturbed soils have been finally stabilized, that temporary erosion and sediment control measures have been removed, and that all storm water discharges associated with construction activities from the identified contract authorized by the general permit have been eliminated. i) Prior to the certification and submittal of the notification letter, ECO will field verify that these tasks have been achieved, upon request. Should final stabilization not be achieved, when ECO is requested to perform the field verification, ECO will develop a brief report of findings to discuss corrective actions needed. If final stabilization has successfully been achieved, ECO will develop a letter of termination of authorization under the general storm water permit for construction activity for each construction contract. Upon achieving final stabilization for all construction contracts, ECO will prepare an official Notice of Termination (NOT) for submittal to ADEQ to completely terminate permit ARR150541. f) 404 Permit Termination Standard language contained in Nationwide 404 permit No. 12 for the Eastside collection system includes "Any exposed slopes and stream banks must be stabilized immediately upon completion of the utility line crossing of each waterbody. " and "In wetlands, the top 6" to 12" of the trench should normally be backfilled with topsoil from the trench". Consequently, when the eastside collection system contracts are completed, FAYETTEVILLE must certify that they have complied with the terms and conditions of the permit. Similarly, the individual Section 404 Permit No. 14207 states, "After installation of sewerline crossings, you shall restore stream channels and wetland surfaces to original contours. In wetlands, ruts or similar features from equipment must be repaired to create a level surface to improve revegetation of the wetland area". ECOAppA112105.pdf 3 To document that stream and wetland crossings have been restored, as near as possible, to "pre-construction conditions", post-construction evaluations of wetlands and stream crossings shall be conducted to verify that required restoration was completed, as prescribed. i) ECO will conduct post-construction observations at 20 wetland and 52 stream crossings at the east side and west side construction sites to observe wetland restoration and streambank stabilization. This can be done concurrently with site visits that are associated with evaluating storm water permit final stabilization requirements, where applicable. PART C — WETLAND MITIGATION SITE 1) Purpose Successful wetland mitigation is a multi-disciplined endeavor, requiring the expertise of both engineers and environmental professionals. During the construction period at the Wetland Mitigation Site, ECO will provide construction phase services to observe the establishment of wetland hydrology, seedbed preparation and planting/seeding activities for wetland plant species. As described within the Section 02921 specifications developed by ECO, Contractor shall select plant species from a candidate species list, and Contractor shall be allowed to select from various options of seedbed preparation. ECO will review plant species and seedbed preparation options selected by Contractor, will discuss proper implementation of planting activities with Contractor and Resident Engineer, provide periodic oversight of implementation of Section 02921 Wetland Mitigation Site Development Specifications, and provide guidance to Contractor and Resident Engineer in achieving mitigation goals for compliance with FAYETTEVILLE'S Section 404 permit No. 14207 requirements. 2) Basic Scope of Services Services to be provided by ECO in relation to the Wetland Mitigation Site during the Construction Phase, shall be limited to: a) Site Visits/Observations i) Subsequent to commencement of construction, ECO will make site visits during the following stages of completion: • Berm construction @ 30%, 60%, 90% completion • Herbicide application(s) and prescribed bum activities • Upland/wet meadow planting zone seedbed preparation @ 30%, 60%, 90% completion • Marsh planting zone site preparation and layout @ 30%, 60%, 90% completion • Forested wetland bedding preparation and layout @ 30%, 60%, 90% completion • Site seeding and tree planting activities @ 30%, 60%, 90% completion • Wetland Mitigation Site 100% completion ii) During these site visits, ECO will evaluate plant/seed storage and handling practices utilized by Contractor. A report of findings, observations, and recommendations will be developed and submitted to the Design Professional Resident Engineer and FAYETTEVILLE. b) Success Criteria & Performance Standards As required by the Little Rock District Corps Wetland Mitigation Policy, success criteria and performance standards shall be included within the Wetland Mitigation Plan. ECOAppA112105.pdf 4 Performance standards are measurable attributes of restored or created wetlands that, when measured over an appropriate period, can be used to judge whether project goals have been achieved. Performance standards are also referred to as "success criteria, "success standards" and other names. i) ECO will provide services for development and implementation of methodology for evaluating success in achieving performance standards. Mitigation performance standards have been developed by ECO to be staged over time so that different success criteria can be met as the project evolves and matures. Some of the success criteria involve specific scores on various wetland assessment scales, as compared to the baseline wetland information generated during the preconstruction assessment. Other criteria are qualitative and do not ensure success in quantifiable terms. The following practicably measurable quantitative and/or qualitative characteristics (as contained within the Final Wetland Compensatory Mitigation Plan developed by ECO) will be among the performance standards measured to ascertain the degree of compensatory mitigation success: Hydrology Performance Standards • Hydrology Standard 1: The mitigation site hydroperiod is restored • Hydrology Standard 2: Area and depth of wetland hydrological zones • Hydrology Standard 3: Corps wetland hydrology criteria • Hydrology Standard 4: Provides sediment retention Soils Performance Standards • Soil Standard 1: Soils parameters will be used to provide supportive evidence of success but will not carry minimum requirements • Soil Standard 2: Soil chemical and physical parameters Vegetation Performance Standards • Vegetation Standard 1: Vegetation survival and density • Vegetation Standard 2: Vegetation species diversity and composition • Vegetation Standard 3: Meet current federal delineation manual for hydrophytic vegetation General Standard Assessment of Wetland Function and Value using Charleston Method adopted by the Little Rock District Corps of Engineers ii) Specific performance standards will be applied to Contractor's work during the construction phase to evaluate acquisition of appropriate equipment and materials and success of hydrological modifications, seedbed preparation, and establishment of targeted vegetation, as described within 02921 specifications in Bid Documents. ECO's performance standard methodology will serve a three-fold purpose: 1) The methodology will be utilized during construction to evaluate Contractor's conformance with 02921 specifications; 2) The methodology will be utilized to develop the Wetland Monitoring Plan, as required by the project Section 404 permit; and 3) The methodology will be utilized to develop the first year monitoring report for submittal to the Corps of Engineers. ECOAppAl12105.pdf 5 c) Wetland Mitigation Monitoring Plan The Section 404 permit issued to FAYETTEVILLE requires annual monitoring and reporting. A total of five annual reports on the status of the mitigation level of success shall be submitted to the Corps of Engineers. The first report is due on December 31 st after the first full growing season following completion of the mitigation work, and subsequent reports shall be submitted on or before December 31 st of each year thereafter. These reports shall include inventories of all plant species, along with their estimated relative frequency and percent cover, and photographs showing all representative areas of the mitigation site. Additionally, the reports are to include the results of applying the performance standards. i) For the purpose of developing a standardized approach to monitoring, ECO will develop a Wetland Mitigation Monitoring Plan to include procedures for measuring achievement of performance standards described above. The Plan can subsequently be the primary tool used to conduct the annual monitoring reports utilizing the following criteria: • Soil evaluations for characteristics of redoxymorphic conditions • Soil chemical and physical parameters • Hydrological instrument and surface water observations of degree of inundation/saturation • Plant community status with regard to community dominants; survival rate of planted species; and ratio of planted species versus volunteer species • Assessment of wetland function (Charleston Method) for the mitigation site • Comparison of mitigation site functional characteristics to reference wetland • Capability of the mitigation wetland to store or detain precipitation introduced into the system • Capacity of the wetland to store water below the wetland surface • Growth or biomass accumulation and decomposition that indicates elements are converted between organic and inorganic forms • Microtopographic relief sediment scour and deposition • Redistribution of detritus • Localized sediment deposition • Structural roughness • Presence of debris jams and wrack; debris blockages in active channels and in side channels; accumulations in microtopographic depressions; accumulations in vegetation • Vegetative community (density, basal area, vertical stratification, cover and species composition) typical of reference site with evidence of nutrient uptake and release (plant growth, litter production, decomposition rate, etc.) • Surface films or layers of recently deposited sediments • Maintenance of wetland and upland hydrological zones • Nutrient transformations and processing • Maintain characteristic detrital biomass • Habitat maintenance of spatial structure to support animal populations and guilds by providing heterogenous habitats • Nutrient cycling processes that convert elements from one form to another; primarily recycling processes • Meeting federal criteria for wetland soils, hydrology and vegetation • Photographic documentation from permanent photo stations • Corrective actions ECOAppA112105.pdf 6