HomeMy WebLinkAboutOrdinance 4515 �y
ORDINANCE NO. 4515
t.
AN ORDINANCE TO WAIVE THE REQUIREMENTS OF
COMPETITIVE BIDDING AND TO APPROVE A CONTRACT
WITH ENVIRONMENTAL CONSULTING OPERATIONS, INC.
IN THE AMOUNT NOT TO EXCEED $376,409
WHEREAS, Environmental Consulting Operations, Inc. has worked as a
subcontractor for an engineering firm for a significant period of time on the
Wastewater System Improvement Project and gained considerable knowledge
and expertise related to this project's environmental aspects; and
WHEREAS, the City of Fayetteville wishes to hire an environmental firm
to handle most of the necessary environmental analysis, permitting, etc. for the
entire Wastewater System Improvement Project and has determined that due to
Environmental Consulting Operations, Inc. knowledge base and proven
competence in this project that normal competitive bidding is not feasible nor
practical.
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 determines that an exceptional circumstance exists and waives the
requirements of formal competitive bidding as not feasible nor practical in this
case and approves a contract with Environmental Consulting Operations, Inc.
(attached as Exhibit "A") in a not to exceed amount of$376,409.00.
••r o� PASSED and APPROVED this the 16th day of September, 2003.
prErile.
APPROVED:
s �• By:
•„ ` D COODY, Mayor
.,
- . .tow �AKEST:
By:
SONDRA SMITH, City Clerk
AGREEMENT
For
ENVIRONMENTAL CONSULTING SERVICES
Between
CITY OF FAYETTEVILLE, ARKANSAS
And
ENVIRONMENTAL CONSULTING OPERATIONS, INCORPORATED
THIS AGREEMENT is made as of , 20 d by and between City of Fayetteville,
Arkansas, acting by and through its Mayor(hereinafter called CITY OF FAYETTEVILLE)and
ENVIRONMENTAL CONSULTING OPERATIONS, INCORPORATED with offices located in
Benton, AR(hereinafter called ECO).
CITY OF FAYETTEVILLE from time to time requires environmental consulting services in connection
with assistance in the planning,design, permitting, construction,operation, maintenance, management,
and financing of the Fayetteville Wastewater System Improvement Project and in particular development
of a project environmental regulatory program for the West Side Wastewater Treatment Plant and
Effluent Line, Broyles Road Improvements, Wetland Mitigation,Noland Wastewater Treatment Plant
Improvements, East Side Collection System Improvements, and West Side Collection System
Improvements (The"Project"). Therefore, CITY OF FAYETTEVILLE and ECO in consideration of
their mutual covenants agree as follows:
ECO shall serve as CITY OF FAYETTEVILLE's environmental consultant in those assignments to
which this Agreement applies, and shall give consultation and advice to CITY OF FAYETTEVILLE
during the performance of ECO's services. All services shall be performed under the direction of a
registered environmental professional qualified in the particular field.
SECTION 1 - AUTHORIZATION OF SERVICES
1.1 Services on any assignment shall be undertaken only upon written Authorization of CITY 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
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Mayor and the City Council in advance of the change in scope, costs, fees, or
delivery schedule.
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 Final Design 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 Bidding Phase, if any, will be
finalized and contained in an amendment to this Agreement prior to commencement of
the Bidding Phase.
2.1.1.3 The Scope of Services to be furnished by ECO during the Construction Phase, if any, will
be finalized and contained in an amendment to this Agreement prior to the
commencement of the Construction Phase.
2.1.1.4 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.
2.1.1.5 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 CITY OF FAYETTEVILLE has retained the services of BURNS &McDONNELL
ENGINEERING COMPANY, INC., a Missouri Corporation specializing in consulting
engineering services, as the"Program Manager" for the Wastewater System Improvement
Project. 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 Program Manager and all other parties that CITY OF
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FAYETTEVILLE may contract with for program management or professional design
services as a part of the Wastewater System Improvement Project.
2.2 Final Design Phase
2.2.1 Prepare for incorporation in the Contract Documents environmental regulatory permitting
requirements and Best Management Practices (BMPs)to show the character and scope of the
Work to be performed by contractors on the Project(hereinafter called the "environmental
regulatory permitting requirements"), and environmental regulatory portions of Instructions
to Bidders, Bid Form, General Conditions, and Specifications for review and approval by
CITY OF FAYETTEVILLE, its legal counsel, and other advisors as appropriate, and assist
CITY OF FAYETTEVILLE in the preparation of other related documents.
2.2.1.1 Text documents shall be provided to CITY OF FAYETTEVILLE in Microsoft'Word
version 97 software.
2.2.I.2 Develop and include in Appendix A of this Agreement for approval by CITY OF
FAYETTEVILLE, a project environmental regulatory compliance schedule in which
ECO shall include, in an acceptable level of detail, the steps and milestone dates to be
undertaken by ECO in development of the environmental regulatory program. This
Schedule shall include reasonable allowances for review and approval times required by
CITY OF FAYETTEVILLE, performance of services by CITY OF FAYETTEVILLE's
consultants, and review and approval times required by public authorities having
jurisdiction over the Project. This schedule shall be equitably adjusted as the Project
progresses, allowing for changes in scope,character or size of the Project requested by
CITY OF FAYETTEVILLE, or for delays or other causes beyond ECO's reasonable
control. ECO acknowledges the importance to CITY OF FAYETTEVILLE of CITY OF
FAYETTEVILLE'S project schedule and agrees to put forth reasonable efforts in
performing the services with due diligence under this Agreement in a manner consistent
with that schedule, as provided in Exhibit A.
2.2.1.3 When requested by the CITY OF FAYETTEVILLE's Water and Wastewater Director,
prepare for and attend up to four City Council meetings to provide periodic updates on
the progress of the environmental regulatory program.
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2.2.2 Prepare technical criteria, written descriptions, and applications necessary for filing
applications for permits from or approvals of governmental authorities having jurisdiction to
review or approve the environmental regulatory permitting of the Project and assist in
securing approvals. Actual Filing and Permit Fees will be paid by the CITY OF
FAYETTEVILLE. Assist CITY OF 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 Assist CITY OF FAYETTEVILLE in applying for and obtaining those permits and
approvals typically required by law for projects similar to the one for which ECO's
services are being engaged. This assistance consists of completing and submitting forms
required for the performance of certain services prior to commencement of construction.
Specifically, this is to include Corps of Engineers Section 404 permit, the Arkansas
Department of Environmental Quality Storm Water Permit for Construction Activity, and
U.S. Fish and Wildlife Service Candidate Conservation Agreement for the Arkansas
darter.
2.2.3.2 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 Work progress reports to CITY OF FAYETTEVILLE and Program Manager
and confirm status of compliance with environmental regulatory compliance schedule.
2.2.5 Provide to the Program Manager in a format mutually acceptable to the Program Manager
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
Program Manager 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 preparing bidding notices to be sent to contractors.
2.2.7 The Program Manager 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
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the environmental regulatory requirements or as questions are posed from prospective
bidders, the Program Manager will communicate such issues to directly to ECO. ECO shall
consider the questions received and provide the necessary clarifications and changes to the
Program Manager for dissemination to concerned parties.
2.2.8 See Appendix A for additional services or clarification of services to be provided by ECO.
2.3 Bidding Phase
2.3.1 The scope of Bidding Phase Services, if any,will be negotiated prior to commencement of
the Construction Phase.
2.4 Construction Phase
2.4.1 The scope of Construction Phase Services, if any, will be negotiated prior to commencement
of the Construction Phase.
2.5 Post-Construction Phase
2.5.1 The scope of Post-Construction Phase Services, if any, will be negotiated prior to
commencement of the Post-Construction Phase.
2.6 Resident Services During Construction
2.6.1 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 CITY OF FAYETTEVILLE Mayor and the City Council and agreed to in
writing by ECO, ECO shall furnish or obtain frons others Additional Services of the following types that
are not considered normal or customary Basi_ Services. The scope of Additional Services may include:
3.1.1 Furnishing renderings or Project documents concerning construction costs for CITY OF
FAYETTEVILLE's use.
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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 the CITY OF FAYETTEVILLE.
3.1.3 Preparing to serve or serving as a witness for CITY OF FAYETTEVILLE in any litigation or
other proceeding involving the Project.
3.1.4 Extra Services
3.1.4.1 Services not specifically defined heretofore that may be authorized by CITY OF
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 CITY OF FAYETTEVILLE and
request a formal contract amendment approved by the Mayor and the City Council prior to
commencing such services. If CITY OF FAYETTEVILLE deems that such services
described in 3.2 are not required, CITY OF FAYETTEVILLE shall give prompt written
notice to ECO. If CITY OF 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 CITY OF
FAYETTEVILLE, including revisions made necessary by adjustments in CITY OF
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 CITY OF FAYETTEVILLE
CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of ECO:
4.1 Provide full information as to CITY OF FAYETTEVILLE's requirements for the Project.
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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, Bid Documents, Drawings, proposals,
and other documents presented by ECO and render in writing decisions pertaining thereto.
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 CITY OF 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 CITY
OF 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 CITY OF FAYETTEVILLE observes or
otherwise becomes aware of any defect in the Project.
4.8 Furnish approvals 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 CITY OF FAYETTEVILLE's standard bidding requirements, Agreement forms and
General Conditions are to be used, CITY OF FAYETTEVILLE shall provide copies of such
documents for ECO's use in coordinating the Contract Drawings and Specifications.
4.12 CITY OF FAYETTEVILLE and/or its representative will review all documents and provide
written comments to ECO in a timely manner.
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SECTION 5- PERIOD OF SERVICE
5.1 This Agreement will become effective upon the first written notice by CITY OF
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
from CITY OF FAYETTEVILLE. 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 Final Design Phase Services
For the Scope of Services during the Final Design Phase described herein,CITY OF 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 to January 1, 2004, 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 ext=ses,the cost to ECO.
6.1.1.3 The total payment for the Basic Scope of Services described in Appendix A is estimated
to be Three Hundred Seventy Six Thousand Four Hundred Nine Dollars($376,409.00),
but is not a guaranteed maximum. The total payment is based on expending no more
than 3,528 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 CITY OF 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 CITY OF FAYETTEVILLE decides to shorten the duration of work
from the time period specified in the Agreement for completion of work and such
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modification warrants such adjustment. Changes, modifications or amendments in scope,
price or fees to this Contract shall not be allowed without format contract amendment
approved by the Mayor and the City Council in advance of the change in scope, cost,
fees, or delivery schedule.
6.1.1.5 Monthly statements for each calendar month shall be submitted to CITY OF
FAYETTEVILLE or such parties as CITY OF FAYETTEVILLE may designate for
Design 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 CITY OF FAYETTEVILLE. Applications for payment shall be
accompanied each month by the updated project environmental regulatory compliance
schedule as the basis for determining the value earned as the work is accomplished. Final
payment for Design Phase services shall be made upon CITY OF FAYETTEVILLE's
approval and acceptance with the satisfactory completion of the Design phase for the
Project.
6.1.2 Bidding 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 Bidding Phase Services.
6.1.3 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 Construction Phase Services
6.1.4 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.
6.1.5 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 commenccaient of Resident Services During Construction,
6.1.6 Additional Services
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For authorized Additional environmental consulting services under Section 3, "Additional Services",
compensation to ECO shall be negotiated at the time Additional services are authorized.
6.2 Statements
Statements and updated environmental regulatory compliance schedule for each calendar month will be
submitted in electronic format simultaneously to CITY OF FAYETTEVILLE and Program Manager,
followed by signed original document to CITY OF FAYETTEVILLE. Statements will be based on
ECO's estimated percent of services completed at the end of the preceding month, and justified by the
updated environmental regulatory compliance schedule. Program Manager shall review the statement and
forward them to CITY OF FAYETTEVILLE with his recommendations.
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 CITY OF FAYETTEVILLE, the undisputed portion shall be paid by CITY OF
FAYETTEVILLE by the due date. CITY OF FAYETTEVILLE shall advise ECO in writing of the basis
for any disputed portion of any statement. CITY OF 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 CITY OF FAYETTEVILLE a release of all claims against CITY OF 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 CITY OF FAYETTEVILLE's claims
against ECO or his sureties under this Agreement or applicable performance and payment bonds, if any.
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:
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M
Type 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 CITY OF FAYETTEVILLE certificates as evidence of the specified insurance
within ten days of the date of this Agreement and upon each renewal of coverage.
7.L2 Construction Contractors shall be required to provide(or CITY OF FAYETTEVILLE may
provide)Owner's Protective Liability Insurance naming CITY OF FAYETTEVILLE as a
Named Insured and BURNS&McDONNELL and ECO as additional insureds, or, to endorse
CITY OF FAYETTEVILLE, BURNS& McDONNELL and ECO as additional 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 CITY OF FAYETTEVILLE, BURNS& McDONNELL and
ECO. All contract insurance carriers shall be required to list CITY OF FAYETTEVILLE,
Arkansas Soil and Water Conservation Commission, and BURNS&McDONNELL as
certificate holders, furnishing copies of the contractor's insurance certificate to each party
7.1.3 CITY OF FAYETTEVILLE, BURNS& McDONNELL 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. If the services result in a
Construction Phase, a provision similar to this shall be incorporated into all Construction
Contracts entered into by CITY OF FAYETTEVILLE, and all construction Contractors shall
be required to provide waivers of sur.,rogation in favor of CITY OF FAYETTEVILLE,
BURNS & McDONNELL and EC-O 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
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