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HomeMy WebLinkAboutOrdinance 5687ORDINANCE NO. 5687 AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVING AN AGREEMENT WITH ENVIRONMENTAL CONSULTING OPERATIONS, INC. FOR WETLANDS MITIGATION SITE MONITORING AND MANAGEMENT FOR 2014 IN THE AMOUNT OF $33,000.00 WHEREAS, Environmental Consulting Operations, Inc. (ECO) developed the wetlands and storm water protection best management plans and conducted excellent construction inspection for the Wastewater System Improvement Project; and WHEREAS, under the supervision of ECO, contractors working for the City completed over $135 million in work without a single permit violation; and WHEREAS, ECO also designed the wetlands mitigation site that was required by the Corps of Engineers. 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 such circumstances constitute an exceptional situation where competitive bidding is deemed not feasible or practical, and therefore waives the requirements of formal competitive bidding and. authorizes the Mayor to execute an agreement with Environmental Consulting Operations, Inc. for wetlands mitigation site monitoring and management for 2014 in the amount of $33,000.00. PASSED and APPROVED this 6h day of May, 2014. APvn nvT7r-%• ATTEST: ° G1T Y By. , k. SONDRA E. SMITH, City Cler_ rop EVIL LEe :"'= 'O i Don Marr Submitted By City of Fayetteville Item Review Form 2014-0200 Legistar File Number May 6 2014 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Action Required: Utilities Division Department An Ordinance to waive competitive bidding and approve a contract for 2014 with the option to renew for 2015 between the City of Fayetteville and Eco Inc., for professional services to provide Annual Monitoring and development of annual maintenance plans for the Woolsey Wetland Prairie and to develop a Wetlands Credits tracking tool to be utilized by the City of Fayetteville for tracking Wetland Credits for City related projects. Does this item have a cost? YeS $33,000.00 $33,000.00 Cost of this request Category or Project Budget 5400.5120.5315.00 $0.00 Account Number Funds Used to Date $0.00 Project Number Remaining Balance Budgeted Item? YgS Budget Adjustment Attached? Water/Wastewater Program or Project Name Wastewater Treatment Program or Project Category Water and Sewer Fund Name [iIY V20130812 Previous Ordinance or Resolution # Original Contract Number: Co ts: ` 4V I LI CITY OF s e evl Tay ARKANSAS MEETING OF MAY 6, 2014 TO: Mayor and City Council THRU: Mayor Lioneld Jordan FROM: Don Marr, Chief of Staff DATE: April 22, 2014 SUBJECT: Professional Services Contract CITY COUNCIL AGENDA MEMO RECOMMENDATION: Pass an ordinance for a bid waiver and approving a contract with Eco Inc. for professional services for $33,000.00 to be used specifically for wetlands mitigation site monitoring & management and environmental issues as required by the City of Fayetteville, City Contractors, Corps of Engineers and ADEQ. Attached is a memo that outlines why we ECO Inc. qualifies as a sole source provider for this contract due to the extensive knowledge and work conducted on the Woolsey Wetland Prairie Mitigation Site. BACKGROUND: Eco, Inc. developed the wetlands and storm water protection best management plans and conducted excellent construction inspection for the WSIP, and was tasked to ensure full compliance with the related regulations and permits. Under their supervision, contractors working for the City completed over $135 million in work without a single permit violation. ECO Inc. also designed the wetlands mitigation site that was required by the Corps of Engineers, which has a mandated seven year monitoring and reporting period. Funding for these succeeding years comes from the Wastewater Treatment Operations Program. DISCUSSION: The contract covers the following work tasks for 2014: (1) Annual Ecological Restoration Monitoring of Existing Mitigation Site; (2) Annual Adaptive Management Strategy of Existing Mitigation Site; (3) Development of Credit Tracking Ledger for Surplus Wetland Credits; (4) Provide environmental regulatory and technical information to the City of Fayetteville and City Contractors; The details of each of these work task are outlined within the proposed contract between the City of Fayetteville and ECO Inc. in Parts A, B, C and Don pages 2 through 5 of the proposed contract. BUDGET/STAFF IMPACT: An appropriation of $33,000.00 is requested to pay for these services. This will be paid for within the cost of water/wastewater treatment operations program. . Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 RE: BID WAIVER REQUEST -TECHNICAL SERVICES AGREEMENT WOOLSEY WET PRAIRIE WETLAND MITIGATION BANK Environmental Consulting Operations, Inc. Environmental Permitting and Wetlands Mitigation Bank Approval and Design Services BACKGROUND As a part of the City of Fayetteville's revised Facility Planning for the Wastewater System Improvement Project (WSIP) the technical services of Environmental Consulting Operations, Inc. (ECO, Inc.) have been utilized since the year 2000 to address environmental permitting and compensatory wetland mitigation requirements. ECO, Inc. initially provided technical support services as a sub -consultant to McGoodwin, Williams and Yates, Inc. under the March 21, 2000 agreement between McGoodwin, Williams and Yates and the City of Fayetteville. The role of ECO, Inc. addressed the entire WSIP as a centralized holistic approach to the complex environmental permitting and compensatory wetlands mitigation under five design consultants firms. On August 29, 2003, a Bid Waiver was approved for ECO, Inc. to contract directly with the City of Fayetteville for Design Phase and Construction Phase environmental regulatory permitting and compliance consulting services. As the WSIP evolved, ECO, Inc.'s contract was amended seven times, with the last amendment expiring on December 31, 2013. ECO, Inc. has fulfilled the scope of all contract work required and provided all the specified deliverables. ECO, Inc. provided competent and timely services relating to the Facility Planning Phases, Design Phase, Construction Phase, and Post -Construction Phase of the WSIP. The required compensatory wetland mitigation was of significant relevance to the WSIP. ECO, Inc. was highly involved in the mitigation process throughout all of the aforementioned WSIP phases and provided the following services: ■ Prepared NEPA-Environmental Information Document for WSIP Revolving Loan Fund ■ Participated in public meetings, environmental exposition, and workshops to inform the public of the expected environmental benefits/effects of proposed WSIP ■ Obtained all WSIP environmental regulatory permits ■ Identified environmental features for entire WSIP ■ Completed wetland delineations/restoration/404 permitting process for 26 wetlands & 86 stream crossings ■ Characterized mitigation site baseline conditions ■ Wetland preliminary mitigation planning and conceptual design ■ Initial 404 permitting, mitigation site selection process, Mitigation Plan development ■ Designed mitigation site ecological features ■ Developed mitigation site deed -restrictive covenant ■ Coordination and processing of required Contingency Plan and Financial Assurances for mitigation site ■ Developed mitigation site monitoring protocol ■ Conducted annual mitigation monitoring/submit reports to Corps (2007-2013) ■ Developed/refined/coordinated annual mitigation site adaptive management (2006-2014) ■ Developed environmental specifications for Bid Documents for 24 construction contracts ■ Developed environmental specifications for Bid Documents for wetland mitigation site ■ Construction Phase Regulatory Compliance Evaluations ■ Training of 24 Contractors for environmental regulatory compliance For nine years, ECO, Inc. has managed ecological restoration activities at the City of Fayetteville's Woolsey Wet Prairie Sanctuary; transforming a severely degraded remnant prairie from 47 plant species to 432 plant species over a nine-year span, with no seeding. Eight of the plant species that re -appeared from the relict seed bank are listed as "species of concern" by Arkansas Department of Natural Heritage. ECO, Inc. has experience, expertise, and/or a working knowledge of: • Adaptive management for the ecological restoration of wetlands and prairies, including prescribed burning, herbicide selection and use, mowing, hydrology controls • Wetland mitigation design and construction • Wetland mitigation site monitoring, including plant species identification and inventories • Development and evaluation of wetland mitigation soils, hydrology, and vegetation performance standards • Development of Wetland Mitigation Plans • Mitigation bank regulations codified at Corps 33 Code of Federal Regulations (CFR) Parts 325 and 332 and the US EPA 40 CFR Part 230 • Assessment of Wetland Function and Value using Charleston Method adopted by the Little Rock District Corps of Engineers • Conducting wetland delineations following the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Eastern Mountains and Piedmont Region. • EPA and Corps proposed rule on 03/25/2014 and 03/24/2014, respectively, for clarification of jurisdictional waters of the United States. ORDINANCE NO. AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVING AN AGREEMENT WITH ENVIRONMENTAL CONSULTING OPERATIONS, INC. FOR WETLANDS MITIGATION SITE MONITORING AND MANAGEMENT FOR 2014 IN THE AMOUNT OF $33,000.00 WHEREAS, Environmental Consulting Operations, Inc. (ECO) developed the wetlands and storm water protection best management plans and conducted excellent construction inspection for the Wastewater System Improvement Project; and WHEREAS, under the supervision of ECO, contractors working for the City completed over $135 million in work without a single permit violation; and WHEREAS, ECO also designed the wetlands mitigation site that was required by the Corps of Engineers. 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 such circumstances constitute an exceptional situation where competitive bidding is deemed not feasible or practical, and therefore waives the requirements of formal competitive bidding and authorizes the Mayor to execute an agreement with Environmental Consulting Operations, Inc. for wetlands mitigation site monitoring and management for 2014 in the amount of $33,000.00. PASSED and APPROVED this 6t' day of May, 2014. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer AGREEMENT FOR ENVIRONMENTAL CONSULTING SERVICES BETWEEN CITY OF FAYETTEVILLE, ARKANSAS AND ENVIRONMENTAL CONSULTING OPERATIONS, INCORPORATED FOR WOOLSEY WET PRAIRIE ECOLOGICAL MONITORING AND MANAGEMENT ENVIRONMENTAL CONSULTING SERVICES THIS Agreement, dated April 20, 2014 is made by and between CITY OF FAYETTEVILLE, ARKANSAS, acting by and through its Mayor (hereinafter called CITY) and ENVIRONMENTAL CONSULTING OPERATIONS, INCORPORATED (hereinafter called ECO) with offices located in Benton, AR. WHEREAS, CITY established Woolsey Wet Prairie Sanctuary as part of wetland compensatory mitigation requirements under Section 404 Permit 14207 issued by the U.S. Army Corps of Engineers Little Rock District (Corps). The 41.65 -acre mitigation site was constructed to offset the permanent alteration of 7.92 acres of wetlands from construction of the CITY's Wastewater Systems Improvement Project (WSIP). Ecological restoration activities via the use of an adaptive management strategy have restored the site to its original tall grass wetland prairie ecosystem that had been degraded for over a century. Recognizing that the site is a unique ecological and recreational resource, and due to Corps regulatory requirements to manage and maintain the wetland compensatory mitigation in perpetuity, it is the CITY's intent to maintain and monitor ecological adaptive management activities at Woolsey Wet Prairie to assure that the site continues to meet ecological performance standards, hereinafter referred to as PROJECT. WHEREAS, CITY has requested the scope of ECO's services to include PROJECT ecological monitoring and adaptive management environmental consulting services due to ECO's previous site-specific experience with planning, design, construction, management, monitoring, and regulatory requirements; and WHEREAS, ECO agrees to provide scope of services described herein. NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained, CITY and ECO, the parties hereto, stipulate and agree that the Agreement for Environmental Consulting Services is hereby executed in the following particulars: ECO shall serve as CITY's environmental consultant in those assignments to which this Agreement applies, and shall give consultation and advice to CITY during the performance of ECO's services. Applicable services shall be performed under the direction of an environmental professional qualified in the particular field. 1.0 - AUTHORIZATION OF SERVICES 1.1 Services on assignment contained herein shall be undertaken upon written authorization of CITY and agreement of ECO. ECO W WP2014-15scope042014.pdf 1.2 ECO shall be authorized to perform environmental consulting services in connection with the PROJECT, as hereinafter stated, which shall include normal environmental consulting services incidental thereto. 1.3 The environmental consulting services to which this Agreement applies are a part of the PROJECT. ECO shall be authorized to coordinate activities and services with CITY and CITY'S Contractors, and applicable other parties that CITY may contract with for professional services as a part of the PROJECT. 1.4 Assignments may include services described hereafter as Basic Services or as Additional Services of ECO. 1.5 Changes, modifications or amendments in scope, price, or fees to this Agreement 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. 2.0 - BASIC SERVICES OF ECO NOW THEREFORE, CITY and ECO agree that ECO shall provide environmental consulting services for City for PROJECT, as follows: 2.1 Part A - Project Administration And Management a) ECO shall provide the following in association with PROJECT described herein: • General administration and project management activities; • Perform project initiation activities; • Provide environmental regulatory and technical information to CITY and CITY Contractors; • Meet with CITY and CITY Contractors for information exchange, goal setting, setting timelines, reviewing management strategies and action items; • Perform ECO's internal project control including budgeting, scheduling, and quality control activities. b) Part A applies to May through December 2014 and January through December 2015. ECO's renewal of annual scope of services will be reviewed by the City Council, and amended upon approval for renewal of Part A services beyond 2014. 2.2 Part B- Annual Ecological Restoration Monitoring of Existing Mitigation Site a) ECO, Inc. shall conduct qualitative monitoring activities twice annually. The spring monitoring event is typically conducted in June and the fall monitoring event is typically conducted in October or November. The scope shall include maintaining cumulative plant species lists, evaluations of seasonal hydrology and associated plant communities, and identification of stands of invasive plant species to be controlled. The total plant species richness is to be observed and documented for ECOW W P2014-15scope042014.pdf each of the wetland cells, and the total mitigation site plant species richness is to be documented and maintained in a historical comprehensive site plant species list. b) The locations of concentrated stands of non-native plant species are to be recorded on maps of each of the wetland cells. The locations of rare Arkansas Natural Heritage Commission tracking plant species are to be recorded on maps of each of the wetland cells. c) Subsequent to the fall monitoring event, an annual monitoring report shall be developed that is consistent with historical monitoring, management and reporting activities at the site. The report shall document annual monitoring activities and observations, and shall be developed in a format to be used for site adaptive management purposes. Copies of the annual report are to be provided to CITY and CITY's Contractors associated with management of site. d) Part B applies to May through December 2014 and January through December 2015. ECO's renewal of annual scope of services will be reviewed by the City Council, and amended upon approval for renewal of Part B services beyond 2014. 2.3 Part C - Annual Adaptive Management Strategy of Existing Mitigation Site a) ECO's scope shall include continued development and implementation of an annual strategy for specific controls of invasive species via selection, coordination, and scheduling of time sensitive hydrology controls, herbicide applications, mowing, hand pulling, and prescribed burning. ECO will make several site visits throughout the growing season to make observations of hydrology, vegetation, and effectiveness of invasive vegetation control. ECO shall oversee selection, scheduling, and coordination of site adaptive management activities and provide guidance pertaining to site Deed -Restrictive Covenant restrictions to CITY and CITY's Contractors associated with management of site. b) ECO will provide restoration ecology advisory technical guidance to CITY and CITY's Contractors associated with management of site for the purpose of implementation of site management activities that are compliant with site permanent protection measures and restrictions specified in the CITY's Section 404 permit. ECO shall document and maintain records of adaptive management activities implemented at the site and the date of use. c) The plant species community at the existing mitigation site evolves on a seasonal basis throughout the growing season and various non-native invasive plant species May emerge and flourish at various times within the growing season. This may vary significantly from year to year. Consequently, it is necessary to continue to make adjustments to the timing and type of vegetation management to be implemented. In general, the types of vegetation management tools include, but are not restricted to, hydrology management, mowing, herbicide applications, prescribed burning, and hand pulling of invasive plant species. ECOW WP2014-15scope042014.pdf d) ECO will utilize wetland cell maps showing locations of concentrated stands of non- native plant species and locations of rare Arkansas Natural Heritage Commission tracking plant species in order to target and prioritize areas for specific management activities. e) ECO shall develop herbicide application specifications that include specific types of herbicides to apply to specific invasive plant species. • ECO shall schedule and select type of herbicide, adjuvant, and application rate to be used for specific target non-native invasive plant species at specific locations and document herbicide effectiveness. • ECO shall coordinate, schedule, and observe areas where herbicide applications have been made to evaluate effectiveness for controlling invasive species. f) ECO shall develop burn specifications that clearly identify prescribed Burn Contractor responsibilities, as a part of CITY's informal bid process. The burn specifications shall identify: • Site preparation prior to commencement of prescribed burn. • Notifications prior to commencement of prescribed burn. • Burn Contractor responsibilities for implementing measures to keep prescribed fire contained and not escape to non -target areas. • Burn Contractor responsibilities for evaluating conditions under which a prescribed burn is to be conducted. • Burn Contractor responsibilities for required equipment and trained personnel to conduct the burn. • Burn Contractor responsibilities for post -burn "mop up" requirements to assure all embers and sparks are fully extinguished. • Burn Contractor responsibilities for conformance with state laws, notifications, and specifications pertaining to the activity. ECO shall coordinate, schedule, and observe the prescribed burn to evaluate Burn Contractor's conformance with state laws, notifications, and specifications pertaining to the activity. g) Part C applies to May through December 2014 and January through December 2015. ECO's renewal of annual scope of services will be reviewed by the City Council, and amended upon approval for renewal of Part C services beyond 2014. 2.4 Part D - Development of Credit Tracking Ledger for Surplus Wetland Credits a) After several years of monitoring at the mitigation site, ECO observed that the site had achieved a surplus of wetland credits above those required by CITY'S Section 404 permit to offset the permanent alteration of wetlands from construction of CITY's WSIP. In May of 2013, ECO started the process of getting CITY'S 404 permit compensatory ECOWWP2014-15scope042014.pdf 4 mitigation requirements modified to reflect the actual WSIP permanent alterations to wetlands and reduce the number of wetland credits required for compensatory mitigation. ECO met with the Corps to discuss CITY's use of the surplus credits. On September 30, 2013, CITY received correspondence from the Corps stating that the 20.90 surplus wetland credits could be used to mitigate for wetland impacts generated by the City of Fayetteville within the Illinois River watershed, HUC 11110103. In summary, CITY can use the surplus wetland credits for future CITY infrastructure improvements that involve permanent alterations to wetlands, but cannot sell the surplus credits to outside parties. It is anticipated that the remaining surplus credits will be used for a multitude of CITY infrastructure projects that will require Corps approval. Consequently, there is a need for CITY to develop a tracking system to maintain an accounting of the use and balance of surplus credits. Formal procedures for development of such a credit accounting system are specified in Title 33 of the Code of Federal Regulations, Part 332.8, as follows: Accounting procedures must be developed for mitigation banks, and have a provision requiring the sponsor to establish and maintain a ledger to account for all credit transactions. Each time an approved credit transaction occurs, the sponsor must notify the Corps. The sponsor must compile an annual ledger report showing the beginning and ending balance of available credits and permitted impacts for each resource type, all additions and subtractions of credits, and any other changes in credit availability. The ledger report must be submitted to the Corps as apart of the administrative record for the surplus credits. b) ECO shall: • Review applicable 33 CFR Part 332.8 regulations pertaining to wetland credit accounting procedures, • Develop a draft ledger to include original surplus credits and credit debits from Van Asche Improvements, • Prepare write up and confer with City regarding surplus credit accounting and reporting procedures, • Confer with Corps regarding surplus credit accounting and reporting procedures and get concurrence on draft ledger, • Prepare annual credit balance report for submittal to Corps at end of 2014. c) Part D applies to May through December 2014. It is unknown at the current time whether or not Part D services will be necessary for January through December 2015. This will be a function of whether or not surplus credit transactions occur during 2015. ECO's renewal of annual scope of services will be reviewed by the City Council, and amended upon approval for renewal of Part D services beyond 2014. ECOWWP2014-15scope042014.pdf 3. - COMPENSATION 3.1 For the Basic Services of ECO described herein, CITY agrees to pay ECO the sum specified below on the Tables 1 and 2 Cost Detail Tables. The total payment shall be a lump sum "not to exceed" amount of EIGHTY THREE THOUSAND SEVEN HUNDRED AND SIXTY SIX U.S. DOLLARS ($83,766.00). Table 1 - 2014 Cost Detail Table 1 - 2015 Renewal Option Cost Detail Basic Services of ECO Basic Services of ECO Fee Estimate Part A - Project Administration And Management $ 950.00 Part B- Annual Ecological Restoration Monitoring $18,400.00 Part C - Annual Adaptive Management Strategy $10,410.00 Part D - Development of Surplus Wetland Credit Tracking Ledger $ 3,240.00 TOTAL $33,000.00 Table 1 - 2015 Renewal Option Cost Detail Basic Services of ECO Fee Estimate Part A - Project Administration And Management $ 1,723.00 Part B- Annual Ecological Restoration Monitoring $20,633.00 Part C - Annual Adaptive Management Strategy $28,410.00 Part D - Development of Surplus Wetland Credit Tracking Ledger unknown TOTAL $50,766.00 3.2 Fees will be charged on a labor and expenses basis that may not involve any specific allocation to any given Part. 3.3 Agreement will automatically renew for additional 1 -year terms upon mutual agreement by both CITY and ECO. CITY may consider annual adjustment of prices and fees limited to an annual adjustment of prices and fees for the remaining terms. Such adjustment must be requested in writing, not less than sixty (60) days prior to the end of the current term. Contract renewals are subject to budget availability. 3.4 For the Scope of Services during the PROJECT described herein, CITY shall pay ECO the sum of the following: • For time expended by personnel, payment at the ECO standard hourly rates. Such rates include overhead and profit and maybe revised annually. • For outside expenses incurred by ECO, such as authorized travel and subsistence, including food, lodging, commercial services, and incidental expenses, the cost to ECO plus 10% administrative and processing fee. 3.5 Monthly statements for each calendar month shall be submitted to CITY consistent with ECO's normal billing schedule. Statements for each calendar month will be submitted in electronic format simultaneously to CITY, followed by signed original document to CITY via US Postal Service. If any portion of ECO's statement is disputed by CITY, ECOW WP2014-15scope042014.pdf the undisputed portion shall be paid by CITY by the due date. CITY shall advise ECO in writing of the basis for any disputed portion of any statement. 4. - GENERAL CONSIDERATIONS 4.1 During the course of performance of Professional Services described herein, ECO shall maintain (in United States Dollars) the minimum insurance coverage indicated in attached insurance certificate. 4.2 Subject to the City Council approval, adjustment of the not -to -exceed amount may be made should ECO establish and CITY agree that there has been, or is to be, a significant change in scope, complexity or character of the services to be performed. 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. 4.3 If authorized in writing by CITY Mayor and the City Council and agreed to in writing by ECO, ECO shall furnish or obtain from others Additional Services upon request that are not considered normal or customary Basic Services. 4.4 This Agreement constitutes the entire agreement between CITY and ECO and supersedes all prior oral and written understandings with respect to the subject matter set forth herein. Unless specifically stated all other terms and conditions of the Agreement shall remain in full force and effect. This Agreement shall not be modified except in writing signed by and duly authorized representative of the CITY and ECO. 4.5 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 actions taken by CITY Contractor's and is therefore not responsible for maintaining compliance with terms and conditions of any environmental regulatory requirement. Observations and recommendations made by ECO in no way guarantees or warranties compliance with environmental regulatory requirements. 4.6 Documents, drawings, and specifications prepared by ECO as part of the Scope of Services shall become the property of CITY when ECO has been compensated for all Services rendered, however, ECO shall have the unrestricted right to their use. ECO shall 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 Scope of Services by ECO shall remain the property of ECO. ECOWWP2014-15scope042014.pdf The CITY and ECO intending to be legally bound, indicate their approval of this Agreement by their signatures below. ENVIRONMENTAL CONSULTING OPERATIONS, INC. By: A10 Bruce Shackle or , re ' ent Date: April 20, 2014 CITY OF FAYETTEVILLE Date: ��� A D YJ ATTEST: By: Sondra E. Smith, City Clerk/Treasurer f—l� ►„►►oI►h,,s Date: End of April 20, 2014 Agreement for Environmental Consulting SeeS FAYETTEVILLE;� QKAN`�NP J=�� esB e1 u i ►i►►������ ECOW WP2014-15scope042014.pdf A� 0® CERTIFICATE OF LIABILITY INSURANCE 6/122013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER The Thomas Insurance Agency of Benton, Inc. 114 East Conway Street P. 0. BOX 49 Benton AR 72018-0049 CONTACT Jayme Stallmann - - NAME: PHONE (501)778-9162 ac No:(501)778-0533 AbDREss:7stallmann@thomasins.net INSURERS AFFORDING COVERAGE NAIC # INSURERA:Peerless Indemnity Ind. Co 18333 INSURED Environmental Consulting Operations, Inc. 17724 Interstate 30 Suite 5A Benton AR 72019 INSURERB:Cameron Insurance Company 15725 INSURER CAmerica First Insurance 12696 INSURERD:The Netherlands Ins. Co. INSURER E:Westchester Fire 1 INSURER F: rtnVFRAr;FSt CFRTIFICATF NIIMRFR-13/14 Master REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL S SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MMIDD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED 50 000 PREMISES Ea occurrence $ r A CLAIMS -MADE Fx_1 OCCUR OP877.7430 /10/2013 /10/2014 MED EXP (Any one person) $ 5,000 PERSONAL &ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 4,000,000 $ X POLICY PRO LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 1,000,000 BODILY INJURY (Per person) $ B ANY AUTO ALL OWNED X SCHEDULED AUTOS AUTOS CA800150P /1/2013 /1/2014 BODILY INJURY (Par accident) $ PROPERTY DAMAGE $ Per accident NON OWNED HIRED AUTOS AUTOS X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 `.EXCESS LIAR CLAIMS -MADE DED I X RETENTION$ 10,00C $ I rU8774331 /10/2013 /10/2014 D WORKERS COMPENSATIONI TRWC STATU_- OTH- �' ER AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN E.L. EACH ACCIDENT $ 1 000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N/A C8777830 /10/2013 /10/2014 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E Professional Liability G24136735002 /10/2013 /10/2014 Contractors Pollu Liab Agg 2,000,000 Contractors Pollu Liab Occur 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) rtFRTIFIrATF I-Inl IIFR CANCFI.I_ATION ACORD 25 (2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025 r9mnnsi m The AnnRr1 name anA Inn^ arc rcnict-i mnrlrc ^f AnnDn SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN For Information Purposes Only ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Bill McKee/JAYME- -f ->----�%--t= ACORD 25 (2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025 r9mnnsi m The AnnRr1 name anA Inn^ arc rcnict-i mnrlrc ^f AnnDn NORTHWEST ARKANSAS DEMOCRAT -GAZETTE NORTHWESTARKANSAS THE MORNING NEWS OF SPRINGDALE NM SPATERSLLC THE MORNING NEWS OF ROGERS NORTHWEST ARKANSAS TIMES BENTON COUNTY DAILY RECORD 212 NORTH EAST AVENUE, FAYETTEVILLE, ARKANSAS 72701 1 P.O. BOX 1607, 72702 1 479.442.1700 1 WWW.NWANEWS.COM AFFIDAVIT OF PUBLICATION I, Cathy Wiles, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Newspapers, LLC, printed and published in Washington and Benton County, Arkansas, bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of. City of Fayetteville - Ordinance 5687 Was inserted in the Regular Editions on May 15, 2014 Publication Charges: $84.31 J Cathy Wiles Subscribed and sworn to before me This `SA day of /uQ y , 2014. Notary Public My Commission Expires: RECEIVED MAY 2 9 2014 CITY OF FAYETiPIff_ CITY CLERK'S DD FI ORDINANCE NO. 5687 CITY OF AN ORDINANCE WAIVING T14S REQUIREMENTS OF FORMAI COMPETITIVE BIDDING AND APPROVING AN AGREEMENT aye evlle WITH ENVIRONMENTAL CONSULTING OPERATIONS, INC. FOR WETLANDS A R K A N S AS MITIGATION SITE MONITORING AND MANAGEMENT FOR 2014 IN THE AMOUNT OF $33,000.00 WHEREAS, Environmental Consulting Operations, Inc. (ECO) developed the wetlands and storm water protection best management plans and conducted excellent construction inspection for the Wastewater System Improvement Project; and WHEREAS, under the supervision of ECO, contractors working for the City com-' pleted over $135 million in work without a single permit violation; and WHEREAS, ECO also designed the wetlands mitigation site that was required by the Corps of Engineers NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: = lfon 1. That the City Councll of the Cny Of Fayaltevflle. Arkansas hereby finds tha! such circumstances constitute an excoptionai s(luatlon Where competitive bidding.ia deemed not feasible or pmcllw. and therefore waives the requirements of forrna) coirlpolitive bkfding and aulhorixes the Mayor to execute an agreement with Environmental Cpegu111119 Opgratlons, Inc, for welkMIS miligallan site Moni- toring and menegemant for 2014 In the erhoum of $33,000.170, PASSED and APPROVED this 6th day of May, 2014. � APPROVED: ATTEST: By., By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer 1�llllltlll I Irr,rt��r. B SNS f f��'■. rry .''e, 12396A� dry ■- y : NCTAR j . N ft -*ter : x PUBLIC z **NOTE** .,� zE3 Please do not pay ■if>jFB•`��nvoice will be sent. trltlrilVN1111