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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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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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. CITY OF FAYETTEVILLE agrees that the construction
contractors are solely responsible for jobsite safety, and warrants that this intent shall be
made evident in CITY OF FAYETTEVILLE'S agreement with all contractors. CITY OF
FAYETTEVILLE also agrees that CITY OF 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 CITY OF 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.
7.1.7 It is acknowledged by CITY OF 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 CITY OF 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 CITY OF FAYETTEVILLE, and ECO waive all rights against each other and their officers,
directors, agents, or employees for property damage covered by property insurance during
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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 subrogation in favor of CITY OF FAYETTEVILLE, Bums and McDonnell 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 CITY 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. CITY OF FAYETTEVILLE will promptly report to
ECO any defects or suspected defects in ECO's services of which CITY OF
FAYETTEVILLE becomes aware, so that ECO can take measures to minimize the
consequences of such a defect. CITY OF FAYETTEVILLE and [CO 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.
CITY OF 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 CITY OF FAYETTEVILLE for damages caused by
its negligent conduct during its activities at the Project Site to the extent covered by ECO's
-- Commercial General Liability and Automobile Liability Insurance policies as specified in
Paragraph 7.1.1.
7.3 Changes
CITY OF 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 the CITY OF FAYETTEVILLE and the President or any Vice President of
ECO.
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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 CITY OF
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 CITY OF 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 CITY OF 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
CITY OF 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. I Promptly discontinue all affected work (unless the notice directs otherwise),
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7.4.5.2 Deliver or otherwise make available to CITY OF 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 CITY OF 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 CITY 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 CITY OF 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 CITY 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 CITY OF 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 CITY 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
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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, CITY OF
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, the Project Managers for CITY OF
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 CITY 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 CITY OF 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 CITY OF FAYETTEVILLE in draft form for CITY OF FAYETTEVILLE's advance review.
CITY OF FAYETTEVILLE shall review such drafts promptly and provide CITY OF FAYETTEVILLE's
comments to ECO. CITY OF FAYETTEVILLE may require deletion of proprietary data or confidential
information from such publications, but otherwise CITY OF FAYETTEVILLE will not unreasonably
withhold approval. The cost of ECO's activities pertaining to any such publication shall be for ECO's
account.
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7.10 Indemnification
7.10.1 CITY OF FAYETTEVILLE agrees that it will require all construction Contractors to
indemnify, defend, and hold harmless CITY OF FAYETTEVILLE, BURNS &
McDONNELL, 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 CITY OF FAYETTEVILLE including original drawings, disks of CADD
drawings and cross sections, estimates, specification field notes, and data are and remain the property of
CITY 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 CITY 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.
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7.12 Notices
Any Notice required under this Agreement will be in writing, addressed to the appropriate party at the
following addresses:
CITY OF FAYETTEVILLE's address:
113 West Mountain
Fayetteville, Arkansas 72701
ECO's address:
1313 Highway 229-5A
Benton, Arkansas 72015
ASWCC's address:
Project No. CS -050803-03
Arkansas Soil and Water Conservation Commission
101 E. Capitol, Suite 350
Little Rock, Arkansas 72201
7.13 Successor and Assigns
CITY OF 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 CITY
OF 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 CITY OF FAYETTEVILLE relative
to the Scope of Services herein. Since terms contained in purchase orders do not generally apply to
professional services, in the event CITY OF 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 CITY OF FAYETTEVILLE's internal
management of its operations.
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SECTION 8- SPECIAL CONDITIONS
8.1 Additional Responsibilities of ECO:
8.1.1 CITY OF FAYETTEVILLE's or Arkansas Soil and Water Conservation Commission's
(ASWCC's) review, approval, or acceptance of design drawings, specifications, reports and
other services furnished hereunder shall not in any way relieve ECO of responsibility for the
technical adequacy of the work. Neither CITY OF FAYETTEVILLE's nor ASWCC's
review, approval or acceptance of, nor payment for any of the services shall 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
CITY OF 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 CITY OF FAYETTEVILLE or CITY OF 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
CITY OF 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 CITY OF 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 CITY OF FAYETTEVILLE a copy of the cost summary submitted.
The United States Environmental Protection Agency, the Comptroller General of the United
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States, the United States Department of Labor, CITY OF 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
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, CITY OF
FAYETTEVILLE shall have the right to annul this Agreement without liability or at its discretion, to
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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 CITY OF 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 CITY OF FAYETTEVILLE, the State or
EPA in an attempt to secure an agreement or favorable treatment in awarding, amending or
making any determinations related to the performance of this Agreement, CITY OF
FAYETTEVILLE may, by written notice to ECO terminate this Agreement. CITY OF
FAYETTEVILLE may also pursue other rights and remedies that the law or this Agreement
provides. However, the existence of the facts on which CITY OF 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, CITY OF
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, CITY OF FAYETTEVILLE may pursue exemplary
damages in an amount (as determined by CITY OF 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 CITY OF
FAYETTEVILLE, ECO will do everything possible to 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.
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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;
(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 applicationlproposal 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:
SIGNA'
DATE: L('/J/d,�
PRINTED NAME: Bruce Shackleford TITLE: President
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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 FAYE E VILLE, ANSA
By:
Mayor
•
Vii f t� 'ATTEST:
City Jerk
h
ENVIRONMENTAL CONSULTING OPERATIONS,
INC.
By: h0
4
Title: Bruce Shackleford, President
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
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CITY OF FAYETTEVILLE
AGREEMENT FOR ENVIRONMENTAL CONSULTING SERVICES
APPENDIX A — SCOPE OF SERVICES FOR FINAL DESIGN PHASE
This is Appendix A, consisting of 11 pages, referred to in and part of the Agreement For Professional
Environmental Consulting Services between CITY OF FAYETTEVILLE, ARKANSAS and
Environmental Consulting Services dated • r6. 24!
Initial:
CITY OF A E VILLE
ECO
The following contains detailed Scope of Services tasks for the Final Design Phase:
Generally, the project will include the final design of Westside sewer collection system improvements
designed by RJN Group; Eastside sewer collection system improvements designed by Garver Engineers; Paul
Noland Treatment Plant rehabilitation design by Black and Veatch; and Westside Wastewater Treatment
design, effluent line design, wetland mitigation, and Broyles Road improvements design by McGoodwin,
Williams and Yates. ECO's Scope of Services will be the development of the Environmental Regulatory
Program during the Design Phase.
PART A - PROJECT ADMINISTRATION AND MANAGEMENT
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.
iv) Develop environmental regulatory program priority schedule
v) Provide environmental regulatory updates to Burns and McDonnell for project website and
applicable portions of permitting matrix
vi) Provide project environmental regulatory information to Fayetteville City Council
b) Coordination Meetings
i) Attend project kickoff meeting with City staff and other consultants involved in project.
ii) Attend meetings with City representatives, program manager, and other design consultants
to coordinate design activities.
iii) Meet with Arkansas Department of Environmental Quality, US Army Corps of Engineers,
and US Fish and Wildlife Service to obtain permits for construction of project. A total of
seven meetings are anticipated.
iv) Meet with individual design consultants for information exchange, goal setting, setting
timelines, reviewing plans/drawings.
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PART B — DESIGN SURVEY
1. Basic Scope of Services
a) ECO will review environmental features on design consultants' plans for completeness and accuracy,
and to identify changes that may require additional aquatic resource assessments.
b) ECO will assist design consultants in identifying locations of aquatic resources and/or ecologically
sensitive areas on design plans and documents.
c) ECO will develop Environmental Regulatory Program Specifications to be incorporated into design
consultants' design plans and documents.
d) ECO will assist in obtaining project Section 404 permit, general storm water permit for construction
activity, and Candidate Conservation Agreement.
PART C - SECTION 404 PERMIT
1) Purpose
Because the proposed project will involve activities in "waters of the United States" a Section 404 permit
will be required by the Corps of Engineers (COE). During the Pre -Design Phase , ECO developed the
following portions of the Section 404 permit application to the COE for the project:
• Part I: Wetland Delineation for Westside Wastewater Treatment Facility;
• Part 2: Aquatic Resource Assessment for Westside (Illinois River Watershed) Line Work;
• Part 3: Aquatic Resource Assessment for Eastside (Beaver Reservoir Watershed) Line Work;
• Part 4: Form 4345 and Supplemental Information;
• Part 5: Alternatives Analysis Evaluation
2) Basic Scope of Services
Services to be provided by ECO in relation to the Section 404 permit during the Design Phase, shall be
limited to:
a) - Eastside Line Work Nationwide 404 Permit
ECO will develop a separate notification to the Corps for authorization of activities within "waters
of the U.S." associated with the Eastside Line Work under a Nationwide 404 permit.
b) - Mitigation Site Selection Process
After the COE has reviewed Parts 1-5, and provided comments pertaining to required compensatory
mitigation for permanently altered wetlands, ECO will initiate the site selection process for the
wetland mitigation site. This shall include meetings and field reconnaissance of Westside
Wastewater Facility property with McGoodwin, Williams, and Yates (MWY) and the COE to
evaluate existing wetlands, and to evaluate potential locations for the wetland mitigation site. Three
site visits are anticipated.
The COE will require the wetland mitigation site to be permanently protected with appropriate real
estate instruments (e.g., conservation easements, deed restrictions, transfer of title to Federal or state
resource agencies or non-profit conservation organizations). Approval of this action from the
Fayetteville City Council will be necessary. After development of mitigation site alternatives, ECO
will present the findings to the City Council, and provide information that will be utilized in the
decision -making process to evaluate and initiate deed restriction of the site for compensatory wetland
mitigation. ECO's attendance at two City Council meetings is anticipated.
c) Wetland Mitigation Criteria
Mitigation activities will likely include enhancement of existing wetlands, and creation of new
wetlands. ECO will develop wetland technical criteria to be provided to MWY to be utilized in the
design of the compensatory mitigation wetland. Considerations of soil, hydrology, and vegetation
must be made in order for wetland habitat to be created and maintained. ECO will provide criteria to
MWY for a hydrobudget/hydroperiod analysis model to determine the source and volume of input
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during the growing season to provide for hydrologic support of the proposed structure and functions
in order to determine the amount of water needed to support a wetland plant community.
Calculations made by MWY with major input and output components of a hydrologic budget will
form the basis for the wetland design. ECO will meet with MWY to discuss wetland technical
criteria and review MWY wetland design specifications and drawings. Six meetings are anticipated.
d) - Compensatory Wetland Mitigation Plan
After the approval of the site selection process by the Fayetteville City Council, ECO will develop
Part 6: Compensatory Wetland Mitigation Plan for The City of Fayetteville Wastewater
Improvements Project. Initially, ECO will submit a "Conceptual Wetland Mitigation Work Plan"
to the COE, prior to detailed design of the created wetland. Upon review of the Conceptual Plan,
the COE will provide feedback regarding the wetland mitigation strategy, and initiate the Public
Notice Process. Subsequent to receipt of comments from the COE, ECO will complete the Final
Wetland Mitigation Plan that will include the following elements:
i) Baseline Information
• Description of physical, biological and legal characteristics of the Westside
Wastewater Facility footprint, and how the project will be established and operated.
• Description of location, size, type, function and value, and amount of debit associated
with the aquatic resource impacts from the proposed project, and the amount of credit
generated from the compensatory mitigation.
• Description of the location of the proposed mitigation site in relation to the aquatic
resource area to be impacted and quantitative data (acreage) for the proposed mitigation
site.
• Fieldwork will be conducted to characterize the area targeted for wetland mitigation
activities. This will include delineations of known wetlands on the site. An
assessment of wetland function and value using the Charleston Method, as prescribed
by the COE, will be conducted for the Westside Wastewater Facility footprint, and the
mitigation site.
ii) Goals Of The Mitigation
• Written statement of environmental goals and objectives; and types of mitigation
targeted
iii) Mitigation Strategy
Specifications and descriptions of the work to be performed, including, but not limited to:
• Boundaries of proposed constructed wetland and protected/maintained areas (e.g., maps
and diagrams)
• Replacement ratios
• Construction methods, timing, and sequence
• Data indicating historic and existing vegetation, hydrology, and soil conditions
• Source of water supply
+ A hydrobudgetlhydroperiod analysis model to determine the source and volume of
input during the growing season to provide for hydrologic support of the proposed
structure and functions in order to determine the amount of water needed to support a
wetland plant community. MWY modeling of major input and output components of
a hydrologic budget will form the basis for the wetland design.
• Plant materials and scheme for revegetation
• Methods and times of year for revegetation
• Plans for control of exotic vegetation
• Elevation(s) and slope(s) of the proposed mitigation area to conform with required
elevation for target plant species
• Erosion control measures to prevent upland erosion into mitigation site
iv) Success Criteria — methods to measure success of created wetland
v) Monitoring Plan — strategy to assess the function and value of the created wetland
vi) Contingency Plan -- strategy to be implemented, should creation of the wetland fail
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vii) Site Protection — legal and physical measures to protect the site in perpetuity
viii) Financial Assurances — demonstration that the CITY OF FAYETTEVILLE has the
necessary financial capability to construct and maintain the mitigated wetland
ix) Responsible Party For Long -Term Maintenance — discussion of responsible party that will
maintain created wetland.
ECO will provide copies of the Compensatory Wetland Mitigation Plan to COE, CITY OF
FAYETTEVILLE, U.S. Fish and Wildlife Service, MWY, and Bums and McDonnell.
e) - Broyles Road Extension Section 404 Permit
In order to facilitate access to the Westside Wastewater Facility property by heavy equipment
during construction, a portion of Broyles Road will be improved and rerouted. The Broyles Road
improvements were initially planned for approximately 2,&00 linear feet, beginning at an area
located immediately to the south of the planned wastewater facility, and extending northward to
the facility entrance. ECO submitted information to the COE, accordingly. Since that time,
revisions to planned improvements have been made to extend Broyles Road further northward.
Consequently, additional aquatic resource assessment work will be necessary, since the extended
reroute will cross additional streams and wetlands that are Section 404 jurisdictional "waters of
the U.S." ECO will develop the necessary documentation of Broyles Road improvements for
submittal to COE Little Rock District as an addendum to the 404 permit application previously
submitted. The revised proposed route of the Broyles Road improvements has been determined to
extend from a point that is approximately 2,500 linear feet south of the proposed wastewater
facility, northward to Persimmon Street. Additionally, an overhead electrical power line, a water
line, and the Hamestring to Wastewater Plant sewer line will be relocated to an area that parallels
Broyles Road. As required by the COE, an aquatic resource assessment must be done to quantify
and differentiate the wetlands that will be temporarily disturbed and restored (overhead electrical
power line, water line, and sewer line) and the wetlands that will be permanently altered and
mitigated from the Broyles Road Improvements.
The scope of services to be provided by ECO will involve the following:
i) ECO will conduct an aquatic resource assessment for the overhead electrical power line, water
line, sewer line, and Broyles Road extension to identify stream crossings and wetlands.
ii) ECO will conduct stream surveys and wetland delineations of the streams and wetlands
identified.
iii) ECO will meet with MWY and review MWY design drawings for the Broyles Road
extension and assist in identifying locations of aquatic resources.
iv) ECO will develop a separate individual Section 404 permit application for the Broyles Road
improvements, which will include the following:
• Modify previous Form 4345 and Supplemental Information
• Aquatic Resource Assessment of waters of the U.S. where activities will take place
• Site Vicinity Map
• Wetland Delineations
v) ECO will provide copies of the amended 404 permit application to CITY OF
FAYETTEVILLE, COE, U.S. Fish and Wildlife Service, MWY, and Burns and
McDonnell.
vi) ECO will obtain baseline information of the wetlands associated with the proposed Broyles
Road improvements, to include the following:
• Description of physical, biological and legal characteristics of the Broyles Road
improvements, and how the project will be established and operated.
• Description of location, size, type, function and value, and amount of debit associated
with the aquatic resource impacts from the proposed project, and the amount of credit
generated from the compensatory mitigation.
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• Description of the location of the proposed mitigation site in relation to the aquatic
resource area to be impacted and quantitative data (acreage) for the proposed mitigation
site.
• An assessment of wetland function and value using the Charleston Method, as
prescribed by the COE.
vii) ECO will incorporate relevant technical and regulatory issues to address permanent
alterations to "waters of the U.S." associated with the Broyles Road extension into the
Compensatory Wetland Mitigation Plan, as applicable.
f) - Restoration Plan
Typically, Section 404 permits of this nature require the development and implementation of a
restoration plan to avoid and minimize impacts to aquatic resources. ECO will develop an
Erosion Control Plan that will generally follow the Little Rock District COE Sedimentation and
Erosion Control Guidelines for Pipeline Projects for incorporation into the Project Comprehensive
BMP Plan.. This will be applicable to both line work and wastewater facility construction
activities within jurisdictional "waters of the U.S."
g) - Section 404 Permit Development/Review
In order to facilitate issuance of the Section 404 permit Public Notices, ECO will develop
"suggested" draft Public Notices/404 permits with relevant information regarding project activities
within "waters of the U.S." for submittal to the COE. Upon issuance of the 404 permits by the
COE, ECO will review the permit to determine if reasonable conditions have been written within
the permit that are representative of proposed activities, following applicable environmental
regulatory requirements. ECO will submit comments to the COE and initiate negotiations for
more reasonable permit requirements, if necessary.
3) - Services and Items Not Included
a) Public Hearing
Individual Section 404 permits are issued following a full public interest review of the permit
application. A Public Notice is distributed by the COE to all known interested persons and state
and federal resource management agencies. A Public Hearing may or may not be held in
connection with the COE's consideration of a permit application. Unless the Public Notice
specifies that a Public Hearing will; be held, any person may request, in writing, within the
comment period specified in the Public Notice on a 404 permit application, that a Public Hearing
be held to consider the material matters at issue in the permit application. Upon receipt of any
such request, stating with particularity the reasons for holding a Public Hearing, the COE may
expeditiously attempt to resolve the issues informally. Otherwise, the COE shall promptly set a
time and place for the Public Hearing, and give due notice thereof. Requests for a Public Hearing
shall be granted, unless the COE determines that the issues raised are insubstantial or there is
otherwise no valid interest to be served by a hearing. Currently, it is unknown whether or not a
Public Hearing will be required for the project 404 permits. Should such a process develop, it
may become necessary to amend the scope of services provided by ECO.
b) Administrative Appeal
The COE has established policies and procedures to be used for the administrative appeal of
permit applications denied with prejudice, and for the administrative appeals of declined
individual permits. The appeal process will allow the affected party to pursue an administrative
appeal of certain final COE decisions with which they disagree. Examples of reasons for appeals
include, but are not limited to, the following: a procedural error, an incorrect application of law,
regulation or officially -promulgated policy, omission of material fact, incorrect application of the
Section 404(b)(I) Guidelines, or use of incorrect data. Currently, it is unknown whether or not an
administrative appeal will become necessary. Should such a process develop, it may become
necessary to amend the scope of sc� vices provided by ECO.
c) Flood Plain Development Permit
ECOs services will not include obtaining a flood plain permit, unless otherwise requested by
CITY OF FAYETTEVILLE.
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d) Additional Wetland Delineations/Stream Surveys/Functional Assessments
During the wetland mitigation site selection process, there is the potential for CITY OF
FAYETTEVILLE to select a mitigation site that has extensive wetlands because some parcels of
the 322 -acre city -owned property have an abundance of wetland depressions. The COE will
require the submittal of functional assessment baseline information for the selected site. If
wetlands exist, a wetland delineation will become necessary. Currently, ECO is aware of the
presence and magnitude of wetlands at a targeted site, preliminarily selected after conferrals with
the COE. ECO's scope of work includes a general characterization of the wetland mitigation
site. However, should CITY OF FAYETTEVILLE select an alternative site that requires
extensive wetland delineation and/or functional assessment work, or if the COE requires
additional wetland delineation and/or functional assessment work, it may become necessary to
amend the scope of services provided by ECO.
The possibility exists for the locations of structures, such as effluent line, outfall, pump stations
and sewer line alignments, to be changed during the Design Phase. If such changes occur which
necessitate further aquatic resource assessments, such as stream crossing surveys, wetland
delineations, and/or functional assessment work, it may become necessary to amend the scope of
services provided by ECO.
e) ECO is not responsible for the following services:
• Aerial photographs/design drawings
• Completed calculations/models for constructed hydrologic budget for constructed wetland
• Flood plain maps for areas within flood plains where construction activities will occur
f) - Contingent Additional Services
If Contingent Additional Services are required due to circumstances beyond ECO's control, ECO
shall notify CITY OF FAYETTEVILLE and request approval to conduct specific Contingent
Additional Services. CITY OF FAYETTEVILLE retains the options of executing a formal
contract amendment approved by the Mayor and the City Council, or approval in writing for
Contingent Additional Services to be performed on an hourly rate and expenses basis, charged
according to ECO's standard fee schedule. In either case, ECO will provide a cost estimate to
CITY OF FAYETTEVILLE and detail the scope of services, prior to commencing such services.
If the CITY OF FAYETTEVILLE deems that such services are not required CITY OF
FAYETTEVILLE shall give prompt notice to ECO, and ECO shall have no obligation to
provide those services.
PART D — GENERAL STORM WATER PERMIT FOR CONSTRUCTION ACTIVITY
1) Purpose
A general storm water permit for construction activity (NPDES general permit ARRl0A000) will be required
for all surface disturbance construction activities on the project, as per EPA -promulgated regulations at 40
CFR 122.26. These regulations have been adopted by the Arkansas Department of Environmental Quality
(ADEQ) within Regulation No. 6 (NPDES regulations). As a requirement of the general permit, controls to
reduce pollutant loading in storm water are to be developed and implemented.
2) Basic Scope of Services
Services to be provided by ECO shall be limited to:
a) - Notice Of Intent
In preparation for construction of the proposed project, ECO will complete a Notice of Intent
(NOI) for coverage under the general permit which must be filed with ADEQ at least 48 hours
prior to the commencement of construction activities. ECO will prepare and submit the NOI
upon selection of construction contractors.
b) - Storm Water Pollution Prevention Plan
To enhance the minimization of storm water pollutant loading, the general permit requires the
development and implementation of a storm water pollution prevention plan (SWPPP). ECO
will develop a SWPPP which will include the following elements:
Appendix A-ECO-Final.Doc 6 O52303
• Best Management Practices
• Site Description
• Sediment and Erosion Controls
• Preventative Maintenance
• Site Evaluations
• Recordkeeping Requirements
• Good Housekeeping
• Pollution Prevention Training
i) ECO will develop project general storm water permit Best Management Practices (BMPs) for
incorporation into Design Consultants' Plans and Bid Documents, as applicable.
Implementation of these SWPPP BMPs will be required during the project Construction
Phase for the Westside Wastewater Facility and associated effluent line; the Broyles Road
improvements; the Westside Collection System Improvements; the Paul Noland Wastewater
Facility Upgrade; and the Eastside Collection System Improvements. Due to the variable
nature of construction activities and/or regulatory requirements for the proposed wastewater
improvements, ECO will develop several versions of the SWPPP, as applicable.
ii) ECO will identify specific locations, as applicable, for implementation of specific BMPs for
incorporation into Design Consultant' Plans and Bid Documents.
iii) Copies of the applicable SWPPP will be provided to the CITY OF FAYETTEVILLE;
ADEQ, McGoodwin, Williams and Yates; RJN Group; Black and Veatch; Garver Engineers,
and Burns and McDonnell.
iv) ECO will incorporate the SWPPP/BMPs into the Comprehensive BMP Plan, as applicable.
v) ECO will attend meetings, as applicable and appropriate, with CITY OF FAYETTEVILLE;
McGoodwin, Williams, and Yates; RJN Group; Black and Veatch; Garver Engineers; and
Burns and McDonnell to discuss and coordinate project BMP issues for incorporation into
Design Consultants' Bid Documents.
c) - Contingent Additional Services
i) General Storm Water Permit Revisions
The scope of services contained herein is based upon the terms and conditions of the current
ADEQ General Storm Water Permit for Construction Activity (ARR10A000) that became
effective on July 30, 1998, and expired on June 30, 2003. ADEQ is currently revising the
general permit, and will reissue it in the near future. Currently, it is unknown whether or not
permit revisions will necessitate substantial changes in ECO's scope of services. Should this
occur, it may become necessary to amend ECO's scope of services.
ii) Design Changes
The scope of services contained herein is based upon the information provided to ECO by
Design Consultants and CITY OF FAYETTEVILLE. Changes in design component locations
and/or the nature of construction contracts to be written may necessitate ECO's revisions of
specific BMP locations. Should this occur, it may become necessary to amend ECO's scope of
services.
If Contingent Additional Services are required due to circumstances beyond ECO's control, ECO
shall notify CITY OF FAYETTEVILLE and request approval to conduct specific Contingent
Additional Services. CITY OF FAYETTEVILLE retains the options of executing a formal
contract amendment approved by the Mayor and the City Council, or approval in writing for
Contingent Additional Services to be performed on a time and expenses basis, charged according
to ECO's standard fee schedule. In either case, ECO will provide a cost estimate to CITY OF
FAYETTEVILLE and detail the scope of services, prior to commencing such services. If the
CITY OF FAYETTEVILLE deems that such services are not required CITY OF
Appendix A-ECO-Final.Doc 7 052303
FAYETTEVILLE shall give prompt notice to ECO, and ECO shall have no obligation to
provide those services.
PART E — CANDIDATE CONSERVATION AGREEMENT WITH ASSURANCES (CCAA)
I) Purpose
Section 3(6) of the Endangered Species Act (ESA) of 1973, defines an endangered species as "any (plant or
animal) species that is in danger of extinction throughout all or a significant portion of its range....". The
Act, as amended, provides a means whereby various species of fish, wildlife, and plants, which are threatened
with extinction, may be conserved.
The construction of the Westside collection system will cross Clabber Creek, and associated tributaries, at
several locations that have been identified as a seasonal habitat of the Arkansas darter (Etheostoma cragini).
Correspondence from, and conferrals with, the U.S. Fish and Wildlife Service (USFWS) have indicated that
the darter is a candidate species that is under consideration for inclusion as a federally listed endangered
species. The Section 404 permit issued by the COE, and the ADEQ General Storm Water Permit for
Construction Activities will be issued on the basis that the proposed project will not adversely affect an
endangered species. Should the darter become listed as threatened or endangered during the course of
construction activities, the project could face extensive and untimely delays. This presents the potential for
revocation of the permits. In this scenario, construction activities potentially would have to cease, and a
lengthy Section 7 Consultation with USFWS would ensue. Subsequently, the permits would have to be
reissued with modifications that provide for protective measures for the Arkansas darter.
In order to obviate such an occurrence, the CITY OF FAYETTEVILLE anticipates entering into a CCAA for
the Arkansas darter. The CCAA is a document with conservation actions agreed upon by the CITY OF
FAYETTEVILLE in cooperation with the USFWS and the Arkansas Game and Fish Commission (AGFC).
The CCAA will be beneficial to both the CITY OF FAYETTEVILLE and the darter. Protection is provided
for the species as though it were already federally listed, while the CITY OF FAYETTEVILLE benefits from
an exemption from a full-scale Section 7 Consultation during construction of the proposed project. The
CCAA will involve specific restrictions for seasonal construction activities within darter habitat. Habitat
restoration, enhancement, and protection will be among the main goals of the CCAA. The CCAA will
require the organization of a Conservation Team to periodically evaluate (and modify if necessary) the
CCAA. ECO developed a Draft CCAA during the Pre -Design Phase of the project.
2) Basic Scope of Services
Services to be provided by ECO up to the point of execution of the CCAA by the involved parties, shall be
limited to:
a) — Meetings
i) Organize/initiate Arkansas Darter Conservation Team meetings. A total of two meetings are
anticipated during the Design Phase.
ii) Pre-CCAA planning meetings with CITY OF FAYETTEVILLE, RJN Group, USFWS, and
AGFC. A total of two meetings is anticipated during the Design Phase.
b) — Field Work
Field work/site reconnaissance with USFWS to identify/classify habitat as critical use, safe haven, or
low priority; and to identify potential construction restriction zones. A total of two site visits is
anticipated.
c) — CCAA Document
Revise draft CCAA/develop conservation actions. The USFWS has provided a suggested template for
the CCAA to ECO. ECO will develop a CCAA for the Arkansas darter that will be applicable to
areas of sewer line construction along Clabber Creek, more specifically, Line W-5 (Gregg Avenue to
Hamestring Creek) that is to be designed by RJN group. The CCAA document will include the
following elements:
• Signature page
• USFWS designated Agreement Administrator
• Property description
• Authority and Purpose
• Background; ecology, life history, and major factors that threaten the existence of the Arkansas
Appendix A-ECO-Final.Doc 8 052303
O .
darter.
• Description of Existing Conditions; existing population status/habitat characterization
• Conservation Measures
• Expected Benefits
• Assurances Provided to Property Owner in Case of Changed or Unforeseen Circumstances
• Monitoring Provisions
• Notification Requirement
• Transfer of Benefits
• Duration of Agreement and Tracking Number
• Termination and Agreement Amendments
Copies of the CCAA will be provided to USFWS, AGFC, CITY OF FAYETTEVILLE, COE,
ADEQ, RJN, City Council members, and Burns and McDonnell.
d) — CCAA Administration Assistance
ECO will present CCAA to City Council (one meeting), assist in administering execution of CCAA,
and incorporate applicable CCAA conditions into Comprehensive BMP Plan.
e) - Contingent Additional Services
If the USFWS determines that the proposed activity may jeopardize endangered species or their critical
habitat, a Section 7 Consultation may become required by USFWS. This may result in special
conditions within the Section 404 permit that are beyond the typical scope of work. Consequently,
additional fees may be incurred in such an event. Examples include, but are not restricted to:
• Section 7 Consultation with USFWS
• CCAA for species other than Arkansas darter
• CCAA for project work other than Westside line work near Clabber Creek
• In-depth biological, habitat, and/or population surveys
• Federal endangered species collection permits
• Protective measures required by environmental regulatory agencies other than USFWS
If Contingent Additional Services are required due to circumstances beyond ECO's control, ECO shall
notify CITY OF FAYETTEVILLE and request approval to conduct specific Contingent Additional
Services. CITY OF FAYETTEVILLE retains the options of executing a formal contract amendment
approved by the Mayor and the City Council, or approval in writing for Contingent Additional
Services to be performed on a time and expenses basis, charged according to ECO's standard fee
schedule. In either case, ECO will provide a cost estimate to CITY OF FAYETTEVILLE and detail
the scope of services, prior to commencing such services. If the CITY OF FAYETTEVILLE deems
that such services are not required CITY OF FAYETTEVILLE shall give prompt notice to ECO, and
ECO shall have no obligation to provide those services.
PART F — COMPREHENSIVE BEST MANAGEMENT PRACTICES PLAN
1) Purpose
Due to the overlap of environmental regulatory requirements, and the variability of regulatory requirements
for specific portions of the project, ECO will coordinate Best Management Practices (BMPs) via the
development of Project Comprehensive Best Management Practices Plans.
In addition to the requirements of the Section 404 permit, the General Storm Water Permit for Construction
Activity, and the CCAA, other regulatory issues are involved. The USFWS has concerns about construction
activity within potential ecologically sensitive areas in Northwest Arkansas. Because of the prevalence of
karst geology in the project area, and sensitive species associated with cave ecosystems, the USFWS has
requested the development and implementation of special measures, should a cave system be encountered
during construction activity.
2) Basic Scope of Services
Services to be provided by ECO shall be limited to:
a) — Cave System Contingency Plan
Appendix A-ECO-Final.Doc 9 052303
•
ECO will develop a Cave System Contingency Plan that will be incorporated into the
Comprehensive Best Management Practices Plans, as applicable.
b) — Applicable Regulatory Requirements to Westside Wastewater Facility
ECO will develop measures to comply with specific regulatory requirements (BMPs) for planned
activities at the Westside Wastewater facility, as follows:
• Section 404 permit issued by COE
• Compensatory Wetland Mitigation Plan required by COE
• General Storm Water Permit for Construction Activities issued by ADEQ
• Cave Contingency Plan required by USFWS
c) — Applicable Regulatory Requirements to Westside Effluent Line and Outfall
ECO will develop measures to comply with specific regulatory requirements (BMPs) for planned
activities for the Westside effluent line, as follows:
• Section 404 permit issued by C0E
• General Storm Water Permit for Construction Activities issued by ADEQ
• Cave Contingency Plan required by USFWS
d) — Applicable Regulatory Requirements to Broyles Road Improvements
ECO will develop measures to comply with specific regulatory requirements (BMPs) for planned
activities for the Broyles Road Improvements, as follows:
• Section 404 permit issued by COE
• Compensatory Wetland Mitigation Plan required by COE
• General Storm Water Permit for Construction Activities issued by ADEQ
• Cave Contingency Plan required by USFWS
e) — Applicable Regulatory Requirements to Westside Collection System Improvements
ECO will develop measures to comply with specific regulatory requirements (BMPs) for planned
activities for the Westside Collection System Improvements, as follows:
• Section 404 permit issued by COE
• Candidate Conservation Agreement administered by USFWS
• General Storm Water Permit for Construction Activities issued by ADEQ
• Cave Contingency Plan required by USFWS
f) — Applicable Regulatory Requirements to Eastside Collection System Improvements
ECO will develop measures to comply with specific regulatory requirements (BMPs) for planned
activities for the Eastside Collection System Improvements, as follows:
• Section 404 permit issued by COE
• General Storm Water Permit for Construction Activities issued by ADEQ
• Cave Contingency Plan required by USFWS
g) — Applicable Regulatory Requirements to Paul Noland Wastewater Facility Improvements
ECO will develop measures to comply with specific regulatory requirements (BMPs) for planned
activities for the Paul Noland Wastewater Facility Improvements, as follows:
• General Storm Water Permit for Construction Activities issued by ADEQ
• Cave Contingency Plan required by USFWS
h) — Site -Specific Best Management Practices Plans
i) Because each of the six portions of the project will vary in nature, have specific regulatory
requirements, and require specific BMPs, ECO will develop six versions of the Project
Comprehensive Best Management Practices Plan. As applicable, ECO will provide copies to
CITY OF FAYETTEVILLE, McGoodwin, Williams and Yates, RJN, Garver, Black and
Veatch, Bums and McDonnell, USFWS, COE, AGFC, and ADEQ.
Appendix A-ECO-Final.Doc 10 052303
•
ii) ECO will develop six versions of environmental regulatory requirement specifications for
incorporation into Design Consultants' Plans and Bid Documents, as described above.
iii) ECO will develop an environmental regulatory permitting and compliance priority
schedule.
i) - Contingent Additional Services
The scope of services contained herein are based upon the current environmental regulatory
requirements at the time of the development of the scope of services, and upon communications with
regulatory personnel. ECO has no control of any regulatory control authority's subjectiveness in
regulatory interpretations, the dynamics of environmental regulations, nor the retroactiveness thereof.
Should environmental regulatory requirements specific to the project significantly change, or if
interpretations of and/or applications of current environmental regulations significantly change, it
may become necessary to amend ECO's scope of services.
If Contingent Additional Services are required due to circumstances beyond ECO's control, ECO
shall notify CITY OF FAYETTEVILLE and request approval to conduct specific Contingent
Additional Services. CITY OF FAYETTEVILLE retains the option of executing a formal contract
amendment approved by the Mayor and the City Council, or approval in writing for Contingent
Additional Services to be performed on a time and expenses basis, charged according to ECO's
standard fee schedule. In either case, ECO will provide a cost estimate to CITY OF
FAYETTEVILLE and detail the scope of services, prior to commencing such services. If the CITY
OF FAYETTEVILLE deems that such services are not required CITY OF FAYETTEVILLE shall
give prompt notice to ECO, and ECO shall have no obligation to provide those services.
PART G — COORDINATE/REVIEW PROJECT ENVIRONMENTAL PROGRAM
SPECIFICATIONS
1) Basic Scope of Services
Services to be provided by ECO shall be limited to:
a) ECO will develop, coordinate, and review applicable Project Environmental Regulatory Program
Specifications within the Bid Documents prepared by the Design Consultants. ECO has been
informed that there will be a total of 18 contracts, as follows:
• McGoodwin, Williams and Yates — 4
• RJN-7
• Garver -4
• Black and Veatch - 3
ECO will provide corrections, clarifications, deletions, and additions to Bid Document
environmental regulatory language, as applicable.
b) - Contingent Additional Services
The scope of services contained herein is based upon the current design information provided to ECO
by design consultants and CITY OF FAYETTEVILLE. ECO has no control over changes to design
specifications, construction contracts, and/or project locations. Should design specifications
construction contracts, and/or project locations significantly change, it may become necessary to
amend ECO's scope of services.
If Contingent Additional Services are required due to circumstances beyond ECO's control, ECO
shall notify CITY OF FAYETTEVILLE and request approval to conduct specific Contingent
Additional Services. CITY OF FAYETTEVILLE retains the option of executing a formal contract
amendment approved by the Mayor and the City Council, or approval in writing for Contingent
Additional Services to be performed on a time and expenses basis, charged according to ECO's
standard fee schedule. In either case, ECO will provide a cost estimate to CITY OF
FAYETTEVILLE and detail the scope of services, prior to commencing such services. If the CITY
OF FAYETTEVILLE deems that such services are not required CITY OF FAYETTEVILLE shall
give prompt notice to ECO, and ECO shall have no obligation to provide those services.
Appendix A-ECO-Final.Doc I1 052303
0
NAME OF FILE:
CROSS REFERENCE:
Ordinance No. 4515 w!Agreement
Item # Date Document
09/02/03 Staff Review Form w/attachments
draft ordinance
memo to City Council
memo to City Council
of Design/Bid Phase...
proposed agreement
2 I 10/13/03 Imemo to Greg Boettcher I I
NOTES:
STAFF•VIEW FORM - FINANCIAL OBLIGATI
X AGENDA REQUEST
X CONTRACT REVIEW
GRANT REVIEW
For the Fayetteville City Council Meeting of: September 16, 2003
FROM:
Greg Boettcher Wastewater System Improvement Project
Water and Wastewater
oL
fly
Name Division Department
ACTION REQUIRED: Approval of a professional services contract with Environmental
Consulting Operations for the environmental permitting aspects of the Wastewater System
Improvement Project (Design Phase only).
COST TO CITY:
$376,409.00
Cost of this request
4480.9480.5315.00
$ 48,202,040.00
Category/Project Budget
$ 13,210,534.05
Water/Wasterwater
Program Category / Project Name
Wastewater System Improvements
Account Number Funds Used to Date Program I. Project Category Name
02133-3030 $ 34,991,505.95 Sales Tax -Wastewater
Project Number Remaining Balance Fund Name
BUDGET REVIEW: Budgeted Item Budget Adjustment Attached
Budge Manager Date
CONTRACT/GRANT/LEASE REVIEW:
f0 3
Ac unt' ng Man er Date In nal Ath itor Date
__ _ l Q �1) 3163
City Attorney Date Purchasing Manager Date
STAFF RECOMMENDATION:
Division Head Date
_% 44V x-2-23
Depar ent Director Date
Finance & Internal Services Dir. Date
Date
� v
Date
Received in Mayor's Office 913/03
Date
Cross Reference:
Previous Ord/Res#:
Orig. Contract Date:
Orig. Contract Number:
New Item:
Yes No
0
ORDINANCE NO.
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.
PASSED and APPROVED this the 16th day of September, 2003.
DR A -F I
DAN COODY, Mayor
ATTEST:
By:
SONDRA SMITH, City Clerk
FA YETTEVILLE
THE CITY OF FA YE TTE VILLE, ARKANSAS
WATER AND WASTEWATER DIVISION
DEPARTMENTAL CORRESPONDENCE
TO: Fayetteville City Council
FROM: Greg Boettcher, P.E.
Water & Wastewater Director
THRU: Dan Coody, Mayor of Fayetteville
Hugh Earnest, Chief Administrative Officer.
DATE: August 29, 2003
RE: BID WAIVER REQUEST -TECHNICAL SERVICES AGREEMENT
WASTEWATER SYSTEM IMPROVEMENT PROJECT
Environmental Consulting Operations
Environmental Permitting and Wetlands Mitigation Services
Design Phase Service Contract
BACKGROUND
Since the commencement of the revised Facility Planning for the Wastewater System
Improvement Project, the technical services of Environmental Consulting Operations
have been utilized to address environmental permitting and wetland mitigation issues.
Environmental Consulting Operations has 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. Initially the
scope of work for Environmental Consulting Operations related only to the
environmental issues associated with the activities proposed at the site of the West Side
Wastewater Treatment Plant. During the facility planning process, the consultant team
recognized the need for a coordinated and comprehensive approach to the environmental
aspects of the entire project (East Pipelines and Pump Stations, West Pipelines and Pump
Stations, Noland Wastewater Plant Upgrading and West Wastewater Treatment Plant).
To provide this cohesive environmental permitting strategy, the role of Environmental
Consulting Operations was expanded to address the entire Wastewater System
Improvement Project, seeking to secure centralized permits for the improvement program
(as opposed to individual permits for each consultant's contract responsibilities). This
holistic approach to the environmental permitting and wetlands mitigation eliminated
redundancy in the scopes of work and ensured consistency across the multiple design
contracts.
The original sub -agreement with Environmental Consulting Operations was $17,086.00
and was increased to $343,868.05 under Amendment Number 1 on February 5, 2002.
•
This contract amendment expanded the scope of Environmental Consulting Operation's
services to include the entire project and to address various facility planning
environmental requirements (environmental permitting assessments for all contracts,
central 404 Corps of Engineers Permit, analysis of storm water permit needs, preparation
of Environmental Information Document, coordination of environmental planning with
regulatory/funding authorities and participation in the public information/outreach
program). Environmental Consulting Operations has fulfilled the scope of work required
by its sub -agreement with Mc Goodwin, Williams and Yates, with a summary of the
work/deliverables being attached to this memorandum.
In August of 2003 the Fayetteville City Council approved five professional service
contracts relating to the design/bidding phase services of the program manager and the
engineering consultants. At the time of submission of these five engineering services
contracts it was noted that the project scope would require the consideration of one
additional professional services contract relating to the environmental permitting and
wetlands mitigation aspects of this wastewater improvement program, with the
environmental consultant of record being Environmental Consulting Operations.
113 RITOl RRI-C1]Ai
Environmental Consulting Operations has provided competent and timely services
relating to the facility planning phases of the Wastewater System Improvement Project,
such involvement being facilitated by a sub -agreement with one of the prime engineering
consultants. With this firm's role being expanded to cover the entire project's
environmental permitting and wetland mitigation under a centralized program, the
continuation of a sub -agreement arrangement is not deemed appropriate. The consultant
needs to be under the direct control of the City of Fayetteville and have a prime contract
with such entity, similar to that of the engineering consultants. Accordingly, an
agreement has been negotiated with Environmental Consulting Operations for needed
services during the design phase of the wastewater improvement program. This
professional services agreement is modeled after the City of Fayetteville's standard
engineering services agreement with appropriate modifications to address the nature ,of
the services being provided. A specific contract scope and upper limit of costs have been
negotiated with Environmental Consulting Operations, the services being provided on an
hourly rate basis with a not to exceed cost limit of $376,409.00. The Program Manager
(Burns and McDonnell) has reviewed the scope and costs, confirming both to be
necessary and reasonable considering the nature, scope, size and complexity of the
Fayetteville Wastewater System Improvement Project.
Due to this firm's familiarity with and background on the project, it is recommended that
a bid waiver be considered for this contract agreement. Waiver of competitive bidding is
justified on the basis of Environmental Consulting Operations' familiarity with the
project, the need for continuity in the environmental permitting/wetlands mitigation
activities and the specialized knowledge and experience that this provider has regarding
the Fayetteville Project. Failure to capitalize upon Environmental Consulting
Operations' acquired learning and established relationships with various project interests
(State Regulatory Agencies, Federal Regulatory Agencies, Engineering Consultants)
poses serious risks regarding the timely completion of the environmental permitting and
2
wetlands mitigation components of the Fayetteville Wastewater System Improvement
Project. It is deemed in the City of Fayetteville's best interest to continue the services of
the environmental consultant of record.
RECOMMENDATIONS
To sustain the ordered, timely and consistent progress for the design phase of the
Fayetteville Wastewater System, the City Administration recommends that the
Fayetteville City Council approve a bid waiver for the contract with Environmental
Consulting Operations ($376,409.00) relating to necessary environmental permitting and
wetland mitigation activities.
i
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FA YETTEVILLE
THE CITY OF FA YETTEVILLE, ARKANSAS
WA TER AND WASTE WA TER. DIVISION
DEPARTMENTAL CORRESPONDENCE
TO: Fayetteville City Council
FROM: Greg Boettcher, P.E.
Water & Wastewater Director
THRU: Dan Coody, Mayor of Fayetteville
Hugh Earnest, Chief Administrative Officer/
DATE: August 29, 2003
RE: WASTEWATER SYSTEM IMPROVEMENT PROJECT
Environmental Consulting Operations
Environmental Permitting and Wetlands Mitigation Services
Design Phase Service Contract
BACKGROUND
The citizens of Fayetteville have approved a $125 million sales tax bond issue to address
the capital costs for a critically -needed wastewater system improvement project. The
passage of this 3/4 -cent sales tax -enabled low-cost, accelerated financing for said project,
scaling back customer rate impact from 134% to 29%. Since passage of the sales tax in
late 2001, the City Administration, consultants and regulators have completed a number
of funding, environmental, procedural and program functions; finalizing the preliminary
design phase of the wastewater system improvement project. In August of 2003 the
Fayetteville City Council approved five professional service contracts relating to the
design/bidding phase services of the program manager and the engineering consultants.
At the time of submission of these five engineering services contracts it was noted that
the project scope would require the consideration of one additional professional services
contract relating to the environmental permitting and wetlands mitigation aspects of this
wastewater improvement program, with the environmental consultant of record being
Environmental Consulting Operations.
DISCUSSION
A contract scope and upper limit of costs have been negotiated with Environmental
Consulting Operations, the services being provided on an hourly rate basis with a not to
exceed cost limit of $376,409.00. This amount is slightly greater that the amount
predicted in July of 2003 ($348,000.00), as the scope of work has been expanded and the
wetlands mitigation processes of the Corps of Engineers have become more involved.
Increased scope relates to the Broyles Road Improvement Project along the West
Treatment Plant frontage. It has been determined that the construction will encroach
upon the city's property a distance of approximately 100 feet, necessitating delineation of
the wetlands on this strip of land and inclusion of this impact in the mitigation work.
Also, the Corps of Engineers has amended the methodology by which wetland mitigation
measures are performed, abandoning the historic compensatory ratios of 2 acres of
mitigation for every one acre of impact. Instead, the mitigation requires an evaluation of
the function and quality of the wetlands (both permanently altered and newly
constructed). Using a system of debits and credits the environmental consultant must
demonstrate that the wetland mitigation program has a fair and balanced outcome. The
changes in scope and complexity justify the increased upper level of cost for this
consultant's contract. A summary of this firm's background and scope of work is
attached, along with a copy of the proposed agreement. The attached contract with
Environmental Consulting Operations, relates to environmental permitting for the design
phase of this wastewater improvement program, the specifics of this contract being
summarized as follows:
CORE ELEMENTS -(I) Coordination, collaboration and management of
multiple project activities under a centralized environmental strategy, (2)
delineation of wetland areas impacted by Project, (3) development of best
management practices for the project construction activities, (4) submission of
Corps of Engineers 404 Permit, (5) preparation of the Candidate Conservation
Agreement relating to the Arkansas Darter habitat, (6) address stormwater permit
issues of the Project, (7) serve as technical advisor for the design of the wetlands
mitigation measures, and (8) integrate uniformity, consistency, value and
accountability into the environmental controls.
COMPENSATION- $376,409.00
The design phase services set forth in the proposed agreement are associated with the
Fayetteville Vision 2020 Guiding Principles listed below:
1. Naturally Beautiful City: Our Mountains and Hills, Our Creeks, Our Open
Greenspaces
2. Well maintained City Infrastructure and Facilities
The completion of the west side wastewater treatment plant and associated improvements
are necessary for the targeted benefits of the wastewater system improvement program to
be realized; therefore, the contract approval is integral to the maintenance of
infrastructure and facilities.
RECOMMENDATIONS
To provide the proper and responsible management of the Fayetteville Wastewater
System, the City Administration recommends that the Fayetteville City Council approve
a contract with Environmental Consulting Operations for $376,409.00 to provide
environmental permitting services for the design phase work on the $98.4 million project.
The environmental permitting/wetlands mitigation contract was discussed during the
Fayetteville Water and Sewer Committee on September 9, 2003.
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WASTEWA R SYS'Te;ry�`: yr : 9VEMEN ROJECT
�4vti'
CITY O"EVILLE
PROJECT TITLE: Design/Bid Phase Environmental Permitting; West Treatment
Plant, East Noland Treatment Plant, East Lines and Stations,
West Lines and Stations.
CONSULTANT: Bruce Shackleford, M.S., REM, REPA, President
Environmental Consulting Operations, Inc. (ECO, Inc.)
1313 Highway 229-5A, Benton, Arkansas 72015
Ph: (501) 315-9009
Fax: (501) 315-9035
Email: bruceshackleford@netscape.net
COMPANY BACKGROUND: ECO, Inc. is an environmental consulting firm that
provides comprehensive regulatory and technical consulting services to municipalities, industries,
and government agencies to meet their environmental permitting, compliance, and technical
needs. ECO, Inc. was founded in 1990 with a philosophy focused on the integration of
ECOnomy and ECOlogy. Environmental permitting services include: Section 404, NPDES, Air,
Solid Waste, and Storm Water. ECO, Inc. has an interdisciplinary technical staff of '
environmental professionals, with broad technical and regulatory expertise. Our staff has
specialized capabilities with regard to NPDES and storm water reporting, wetland delineations,
environmental management systems, bioassay/toxicity studies, environmental site assessments,
endangered species consultation, aquatic biological assessments, and hazardous waste. The staff
has extensive experience in the development of storm water pollution prevention plans
(SWPPPs), compost facility operating plans, spill prevention control and countermeasures plans
(SPCCP), water/wastewater sampling plans, corrective action plans, endangered species
management, and environmental information documents (ElDs).
ECO, Inc. is familiar with environmental issues of Northwest Arkansas, having completed both
water and/or sewer project work for the Beaver Water District and the cities of Fayetteville,
Bentonville, Rogers, Lowell, and Springdale.
ECO, Inc. has provided environmental consulting services during the City of Fayetteville
Wastewater Project Preliminary Design Phase, as support for all five project primary engineering
firms. ECO, Inc. has been involved in the public participation process, and numerous
consultations with relevant regulatory agency personnel. Prior project work has included:
■ Detailed Aquatic Resource Assessments (stream surveys/wetland delineations) of West Lines
and Stations, East Lines and Stations, and West Treatment Plant submittal to COE
■ Environmental Information Document submittal to ASWCC
■ Draft Wetland Compensatory Mitigation Plan submittal to COE & USFWS
■ Draft CCAA submittal to USFWS
PROJECT DESCRIPTION:
Project Construction Activities
The proposed City of Fayetteville Wastewater Improvements Project will involve construction
activities through 72 stream crossings and 25 wetlands. Of the 20.93 acres of wetlands impacted,
approximately 6.04 acres will be permanently altered by construction of the Westside WWTP and
the associated reroute of Broyles Road. The remaining 14.89 acres of wetlands will be
temporarily disturbed. The proposed project is expected to result in a total surface disturbance of
approximately 279 acres.
Environmental Consulting Operations, Inc. Page 1 of 3
WASTEWA*R SYSTEM IMPROVEMENAROJECT
CITY OF FAYETTEVILLE
The West Line construction in the Illinois River Watershed will involve the installation of
107,741 linear feet (20.4 miles) of sewer lines that will cross 40 stream channels and 16
individual wetlands.
The East Line construction in the Beaver Reservoir Watershed will involve removal and/or
abandonment of approximately 37,525 linear feet (7.1 miles) of existing sewer lines and the
installation of 55,370 linear feet (10.5 miles) of new sewer lines that will cross 28 stream
channels and four individual wetlands.
Construction activities associated with the West Treatment Plant will involve disturbance to four
stream crossings and five wetlands. Approximately 6.04 acres in four of these wetlands will be
permanently altered. Activities associated with the upgrade of the existing. East Noland
Treatment facility will not involve activities in streams and/or wetlands.
Project Environmental Regulatory Requirements
The aforementioned activities in streams and wetlands ("waters of the Untied States) will require
a Section 404 permit. Erosion control and restoration activities are mandated by Section 404 of
the Clean Water Act, as administered by the Corps of Engineers 404 permit program.
Because storm water will be discharged from construction activities that exceed five acres in
surface disturbance, the City of Fayetteville will be required to obtain an NPDES general permit
for storm water discharges associated with construction activity from the Arkansas Department of
Environmental Quality (ADEQ)
The construction of the West Lines will cross Clabber Creek, which has been identified as
seasonal habitat of the Arkansas darter (Etheostoma cragini). Correspondence from the USFWS
has indicated that the darter is a candidate species that is under consideration for inclusion as a
federally listed endangered species. The City of Fayetteville will enter into a Candidate
Conservation Agreement with Assurances (CCAA) with the USFWS to develop protective
measures for the Arkansas darter in areas associated with the wastewater improvements. The
CCAA is beneficial to both the City and the darter. Protection is provided for the species as
though it were already federally listed, while the City benefits from an exemption from full-scale
Section 7 Consultation during construction of the proposed project.
SCOPE OF SERVICES TO BE PROVIDED: The primary goals of the
applicable project environmental regulatory compliance will be to:
> Provide protective measures during construction activities, and to restore disturbed areas
as much as practicable following completion of construction. The applicable
environmental requirements are as follows:
The finalization of the Wetland Mitigation Plan is necessary to develop a strategy to
compensate for wetlands permanently altered at the West Treatment Plant and to
complete the 404 permit submittal to the CUE. The general elements of the Plan will
include mitigation site location, mitigation type, and mitigation design. When issued, the
404 permit will require Best Management Practices (BMPs) during construction, as well
as, post -construction restoration measures. Both tasks are appropriate for the Design/Bid
Phase of the project. ECO, Inc. will finalize the Wetland Mitigation Plan, and develop
BMPs. The anticipated time -frame is six months to one year.
> As required by the general permit, a Storm Water Pollution Prevention Plan (SWPPP)
must be prepared and implemented. The objective of the SWPPP will be to minimize
pollutants in storm water runoff and to implement the appropriate erosion control
measures. ECO, Inc. will develop a project SWPPP.
Environmental Consulting Operations, Inc. Page 2 of 3
WASTEWATER SYSTEM IMPROVEMENTPROJECT
CITY OF FAYETTEVILLE
➢ To address potential impacts to the Arkansas darter in Clabber Creek, ECO, Inc. will
finalize the CCAA for approval by USFWS. The anticipated time frame is six months to
one year.
9 ECO, Inc. will confer with the project engineering team to develop environmental
specifications that will be incorporated into Bid Documents. ECO, Inc. will provide a
project environmental overview to contract bidders, and give presentations at Pre -Bid
Con ferences. The anticipated time frame is is one year to 1$ months.
CONSULTING SERVICES NOT IN CURRENT SCOPE: Services provided by ECO, Inc.
will not include services associated with Construction Phase portions of the project, and/or
significant changes made to the project design until a later contract amendment.
CONSTRUCTION COST ESTIMATE FOR THIS PORTION OF THE PROJECT:
$ 0
CONSULTANT SERVCIES CONTRACT AMOUNT FOR TAE LISTED SCOPE OF
SERVICES: S 348,000.00
Environmental Consulting Operations, Inc. Page 3 of 3
AGREEMENT
For
ENVIRONMENTAL CONSULTING SERVICES
Between
CITY OF FAYETTEVILLE, ARKANSAS
And
ENVIRONMENTAL CONSULTING OPERATIONS, INCORPORATED
THIS AGREEMENT is made as of , 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 West Side Wastewater Treatment Plant and Effluent
Line, Broyles Road Improvements, Wetland Mitigation, Noland Wastewater Treatment Plant
Improvements, Eastside Sewer Line Improvements, and Westside Sewer Line 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. Applicable 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 Mayor and the City Council
in advance of the change in scope, costs, fees, or delivery schedule.
ECO Agreement -Updated Revision September 2003 A —
SECTION 2- BASIC SERVICES OF ECO
2.1 General
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 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.
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 with BURNS AND
MCDONNELL, as the Program Manager for the wastewater improvement project and CITY OF
FAYETTEVILLE'S Water and Wastewater Director and applicable other parties that CITY OF
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
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
ECO Agreement -Updated Revision September 2003 A — 2
S
contractors on the Project (hereinafter called the "environmental regulatory permitting requirements"),
and, environmental regulatory portions of Instructions to Bidders, General Conditions, and Specifications
(all of which, together with the, environmental regulatory permitting requirements are hereinafter called
the "Bid Documents") 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 Bid documents shall be based on environmental regulatory permit requirements. Text
documents shall be provided to CITY OF FAYETTEVILLE in Microsoft® Word version
97 software.
2.2.1.2 Develop and include in Appendix A of this Agreement, 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 the development of the
environmental regulatory program. This schedule shall include reasonable allowances
for review and approval time by CITY OF FAYETTEVILLE, performance of services by
CITY OF FAYETTEVILLE'S consultants, and review and approval times 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 magnitude of the
Project requested by CITY OF FAYETTEVILLE, or for delays, or other causes beyond
ECO's 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 Exhibits A.
2.2.1.3 When requested by 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.
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 obtaining approvals. Actual Filing and
Permit Fees will be paid by CITY OF FAYETTEVILLE. Assist CITY OF FAYETTEVILLE in
consultations with appropriate authorities.
ECO Agreement -Updated Revision September 2003 A — 3
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 applicable 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 compliance with environmental regulatory compliance schedule.
2.2.5 Provide to CITY OF FAYETTEVILLE and Program Manager 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 environmental regulatory program
status of the project. Refresh the data supplied to the CITY OF FAYETTEVILLE and
Program Manager monthly.
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.
2.2.1.4 The Program Manager shall organize, convene, and conduct Pre -Bid Conferences. ECO
will not be required to attend the Pre -Bid Conferences. As needs arise for further
explanations of the project environmental regulatory requirements or questions are posed
from prospective bidders, the Program Manager will communicate such issues 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.
ECO Agreement -Updated Revision September 2003 A -4
2.3 Construction Phase
The scope of Construction Phase Services, if any, will be negotiated prior to commencement of the
Construction Phase.
2.4 Post -Construction Phase
The scope of Post -Construction Phase Services, if any, will be negotiated prior to commencement of the
Post -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 from others Additional Services of the following types
which 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 CITY OF
FAYETTEVILLE's use.
3.1.2 Miscellaneous Studies
Investigations, studies, or surveys for wetland mitigation on real property other than the West Side
Wastewater facility property currently owned by the CITY OF FAYETTEVILLE.
Other task -specific Additional Services of ECO described in Appendices.
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
3.2 Contingent Additional Services
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
ECO Agreement -Updated Revision September 2003 A — 5
CITY OF FAYETTEVILLE deems that such services described in Section 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 part of such Contingent Additional Services are not required, ECO shall have no
obligation to provide those services.
Where ECO has deemed a service needed or advisable, and has made this opinion known to
CITY OF FAYETTEVILLE and CITY OF FAYETTEVILLE has confirmed that such
services are not requested of ECO and/or that CITY OF FAYETTEVILLE has made or shall
make arrangements to obtain those services at a later date, CITY OF FAYETTEVILLE
hereby 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 costs of defense)
for injury or loss arising or allegedly arising from ECO failure to perform a service
recommended by ECO and excluded by CITY OF FAYETTEVILLE'S direction.
Making substantial revisions in approved Drawings, Specifications, or other documents when such
revisions are:
3.2.1.1 Inconsistent with approvals or instructions previously given by CITY OF
FAYETTEVILLE, including revisions made necessary by adjustments in CITY OF
FAYETTEVILLE's program or Project Budget.
3.2.1.2 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.
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.
ECO Agreement -Updated Revision September 2003 A — 6
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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, or suspected 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 after
approvals are obtained by ECO.
4.9 Furnish, or direct ECO to provide, necessary Additional Services as stipulated in Section 3 of
this Agreement or other services as required.
4.10 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 environmental regulatory permitting
requirements and Specifications.
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
ECO Agreement -Updated Revision September 2003 A - 7
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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 Final Design Phase Services
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.
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.
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.
6.2 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.
6.3 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 Construction Phase
Services.
6.4 Additional Services
For authorized additional environmental consulting services, under Section 3.0 "Additional Services",
compensation to ECO shall be negotiated at the time the Additional Services are negotiated.
ECO Agreement -Updated Revision September 2003 A — 8
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6.5 Statements
Statements 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 services completed at the end of the preceding
month. Program Manager shall review the statement and forward to CITY OF FAYETTEVILLE with his
recommendations.
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:
Type of Coverage
Workers' Compensation
Employers' Liability
Commercial General Liability
Bodily Injury and
Property Damage
Automobile Liability:
Bodily Injury and
Property Damage
Professional Liability Insurance
Limits of Liability
Statutory
$500,000 Each Accident
$1,000,000 Combined Single Limit
$1,000,000 Combined Single Limit
$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.
7.1.2 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 Bums and McDonnell and ECO as additional insureds, or, to endorse
CITY OF FAYETTEVILLE, and Burns and McDonnell and ECO as additional insureds on
construction Contractor's liability insurance policies covering claims for personal injuries and
ECO Agreement -Updated Revision September 2003 A - 9
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property damage. Construction Contractors shall be required to provide certificates
evidencing such insurance to CITY OF FAYETTEVILLE, and ECO. All contract insurance
carriers shall be required to list the City of Fayetteville, Arkansas Soil and Water
Conservation Commission and Burns and McDonnell as certificate holders, furnishing copies
of the contractor's insurance certificate to each listed party.
7.1.3 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. CITY OF FAYETTEVILLE agrees that the construction
contractors are solely responsible for jobsite safety, and warrants that this intent shall be
made evident in CITY OF FAYETTEVILLE'S agreement with all contractors. CITY OF
FAYETTEVILLE also agrees that CITY OF FAYETTEVILLE, ECO and ECO's
subconsultants shall be indemnified and shall be made additional insureds under the
construction contractor's general liability insurance policy.
7.1.4 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.
7.1.5 CITY OF 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.
7.1.6 It is acknowledged by CITY OF 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
ECO Agreement -Updated Revision September 2003 A - 10
option and without liability for consequential or any other damages, suspend performance of
services on the project until CITY OF 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 .7 CITY OF 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. 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 subrogation in favor of CITY OF FAYETTEVILLE, Burns and
McDonnell 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 CITY 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.
7.2.2 It is understood and agreed that CITY OF FAYETTEVILLE shall contract directly with the
following Design Professionals for the following services:
Design Professional Firm Professional Services
Burns and McDonnell, Program Manager
McGoodwin, Williams and Yates, Inc. Consulting Engineers, Inc.: design of the proposed
(Westside) treatment facility, access road, wetland mitigation, and effluent discharge line.
RJN Group, Inc.: design of the Westside Collection System to serve the Westside
Treatment Plant.
ECO Agreement -Updated Revision September 2003 A - 11
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Black and Veatch Inc.: facility upgrade design for the existing (Paul Noland) plant.
Garver Engineers, Inc.: rehabilitation and replacement design of the existing (Eastside)
collection system serving the Paul Noland WWTP.
7.3 Changes
CITY OF 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 CITY OF
FAYETTEVILLE and the President of ECO.
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 CITY OF
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 CITY OF 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.
ECO Agreement -Updated Revision September. 2003 A — 12
7.4.3.2 Any payment due to ECO at the time of termination may be adjusted to cover any
additional costs to the recipient because of ECO's default.
7.4.4 If termination for default is effected by ECO, or if termination for convenience is effected by
CITY OF 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),
7.4.5.2 Deliver or otherwise make available to the recipient applicable 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 CITY OF 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 CITY OF FAYETTEVILLE. In such event,
adjustments of the agreement price shall be made as provided in Paragraph 7.5.4 of this
clause.
7.5 Delays
7.6.In the event the services of ECO are suspended or delayed by CITY OF FAYETTEVILLE, or by
events beyond ECO's reasonable control, ECO shall be entitled to additional compensation
for reasonable costs incurred by ECO in temporarily closing down or delaying the Project.
ECO Agreement -Updated Revision September 2003 A - 13
7.6 Rights and Benefits
ECO's services will be performed solely for the benefit of CITY 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 CITY OF 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 CITY 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
proper jurisdiction, until the procedures in Paragraphs 7.7.3, 7.7.4, and 7.7.5 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, CITY OF
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, the Project Managers for CITY OF
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 CITY OF FAYETTEVILLE or his
ECO Agreement -Updated Revision September 2003 , -A - 14
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 CITY OF 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 CITY OF FAYETTEVILLE in draft form for CITY OF FAYETTEVILLE's advance review.
CITY OF FAYETTEVILLE shall review such drafts promptly and provide CITY OF FAYETTEVILLE's
comments to ECO. CITY OF FAYETTEVILLE may require deletion of proprietary data or confidential
information from such publications, but otherwise CITY OF FAYETTEVILLE will not unreasonably
withhold approval. The cost of ECO's activities pertaining to any such publication shall be for ECO's
account.
7.10 Indemnification
7.10.1 CITY OF FAYETTEVILLE agrees that it will require all construction Contractors and
subcontractors to indemnify, defend, and hold harmless CITY OF FAYETTEVILLE, Bums
and McDonnell 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 City of Fayetteville including original drawings, disks of CADD drawings
and cross sections, estimates, specification field notes, and data are and remain the property of CITY 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 CITY 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
ECO Agreement -Updated Revision September 2003 A - 15
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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.
7.12 Notices
Any Notice required under this Agreement will be in writing, addressed to the appropriate party at the
following addresses:
CITY OF FAYETTEVILLE's address:
113 West Mountain
Fayetteville, Arkansas 72701
ECO's address:
1313 Highway 229-5A
Benton, Arkansas 72015
ASWCC's Address:
Arkansas Soil and Water Conservation Commission
101 East Capitol, Suite 350
Little Rock, Arkansas 72201
Project number CS -050803-03
7.13 Successor and Assigns
CITY OF 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 CITY
OF 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.
ECO Agreement -Updated Revision September 2003 A — 16
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7.15 Entire Agreement
This Agreement represents the entire Agreement between ECO and CITY OF FAYETTEVILLE relative
to the Scope of Services herein. Since terms contained in purchase orders do not generally apply to
professional services, in the event CITY OF 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 CITY OF FAYETTEVILLE's internal
management of its operations.
SECTION 8- SPECIAL CONDITIONS
8.1 Additional Responsibilities of ECO:
8.1.1 CITY OF FAYETTEVILLE's or Arkansas Soil and Water Conservation Commission's
(ASWCC's) review, approval, or acceptance of, specifications, reports and other services
furnished hereunder shall not in any way relieve ECO of responsibility for the technical
adequacy of the work. Neither CITY OF FAYETTEVILLE's nor ASWCC's review,
approval or acceptance of, nor payment for any of the services shall 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
CITY OF 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 CITY OF FAYETTEVILLE or CITY OF 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
CITY OF 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 CITY OF 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.
ECO Agreement -Updated Revision September 2003 A - 17
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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 CITY OF 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, CITY OF 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
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;
ECO Agreement -Updated Revision September 2003 A — 18
. .
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, CITY OF
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 CITY OF 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 CITY OF FAYETTEVILLE, the State or
EPA in an attempt to secure an agreement or favorable treatment in awarding, amending or
making any determinations related to the performance of this Agreement, CITY OF
FAYETTEVILLE may, by written notice to ECO terminate this Agreement. CITY OF
FAYETTEVILLE may also pursue other rights and remedies that the law or this Agreement
provides. However, the existence of the facts on which CITY OF 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, CITY OF
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, CITY OF FAYETTEVILLE may pursue exemplary
damages in an amount (as determined by CITY OF 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 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
ECO Agreement -Updated Revision September 2003 A — 19
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CITY OF FAYETTEVILLE, ECO will do everything possible to 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;
(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.
AUTHORIZED REPRESENTATIVE
COMPANY NAME: Environmental Consulting Operations, Inc. (ECO)
SIGNATURE:
DATE:
PRINTED NAME: Bruce Shackleford TITLE: President
ECO Agreement -Updated Revision September 2003 A - 20
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.
Bruce Shackleford, President
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
ECO Agreement -Updated Revision September 2003 A -21
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CITY OF FAYETTEVILLE
FEES FOR ENVIRONMENTAL CONSULTING SERVICES
The charges for labor below are based upon the typical fees for ECO's personnel, and the projected level of
effort necessary to complete the tasks described in Appendix A.
The total payment for the basic Scope of Services described in Appendix A is estimated to be Three Hundred
Seventy Six Thousand Four Hundred and Nine U.S. Dollars (US $376,409), but is not a guaranteed
maximum. The total payment is based on expending no more than 3,528 person -hours.
Subject to the City Council approval, adjustment of the estimated sum 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
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.
If Additional Services beyond the estimated sum amount are required due to circumstances beyond ECO's
control, ECO shall notify CITY OF FAYETTEVILLE and request approval to conduct specific Contingent
Additional Services. CITY OF FAYETTEVILLE retains the options of executing a formal contract
amendment approved by the Mayor and the City Council, or approval in writing for Contingent Additional
Services to be performed on a time and expenses basis, charged according to ECO's standard fee schedule. In
either case, ECO will provide a budget figure to CITY OF FAYETTEVILLE and detail the scope of services,
prior to commencing such services. If the City of Fayetteville deems that such services are not required CITY
OF FAYETTEVILLE shall give prompt notice to ECO, and ECO shall have no obligation to provide those
services.
For time expended by ECO personnel, payment at 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, 2003, and will be revised annually.
SEPTEMBER 2003 -APPENDIX A -FEES PAGE 1
Labor :.�
HourlyyBillin Rate
Project Director (Principal)
$ 93.25
Assoc. Sr. Environmental Scientist
$ 91.25
Sr. Environmental Scientist
$ 88.50
Environmental Engineer
$ 88.50
Environmental Scientist
$ 85.50
Field Ecologist
$ 66.75
Clerical/Administrative
$ 27.58
• •
CITY OF FAYETTEVILLE
AGREEMENT FOR ENVIRONMENTAL CONSULTING SERVICES
APPENDIX A - FEES FOR FINAL DESIGN PHASE
Part A - Project Administration And Management
Total Labor — 400 hours
$35,908
Total Expenses
$2,222
Total Fees
$38,131
Part B — Design Survey
Total Labor -618 hours
$60,679
Total Expenses
$8,789
Total Fees
$69,468
Part C - Section 404 Permit/ Wetland' Mitigation
Total Labor — 1,450 hours
$140,582
Total Expenses
$14,478
Total Fees
$155,060
Part D — Storm Water Permit
Total Labor — 422 hours
$40,073
Total Expenses
$1,635
Total Fees
$41,707
Part E — Candidate Conservation Agreement with Assurances
Total Labor -302 hours
$28,850
Total Expenses
$5,602
Total Fees
$34,452
Part F — Comprehensive Best Management Practices Plan-„
Total Labor — 336 hours
$32,036
Total Expenses
$5,555
Total Fees
$37,591
Desi n Phase (Appendix A) Total ;s r
A
Total Labor — 3,528 Hours
$338,128
Total Expenses
$38281
Total Fees
$376,409
SEPTEMBER 2003 -APPENDIX A -FEES PAGE 2
CITY OF FAYETTEVILLE
AGREEMENT FOR ENVIRONMENTAL CONSULTING SERVICES
APPENDIX A - SCOPE OF SERVICES FOR FINAL DESIGN PHASE
This is Appendix A, consisting of 11 pages, referred to in and part of the Agreement For Professional
Environmental Consulting Services between CITY OF FAYETTEVILLE, ARKANSAS and Environmental
Consulting Services dated
Initial:
CITY OF FAYETTEVILLE
ECO
The following contains detailed Scope of Services tasks for the Final Design Phase:
Generally, the project will include the final design of Westside sewer collection system improvements
designed by RJN Group; Eastside sewer collection system improvements designed by Garver Engineers; Paul
Noland Treatment Plant rehabilitation design by Black and Veatch; and Westside Wastewater Treatment
design, effluent line design, wetland mitigation, and Broyles Road improvements design by McGoodwin,
Williams and Yates. ECO's Scope of Services will be the development of the Environmental Regulatory
Program during the Design Phase.
PART A - PROJECT ADMINISTRATION AND MANAGEMENT
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.
iv) Develop environmental regulatory program priority schedule
v) Provide environmental regulatory updates to Burns and McDonnell for project website and
applicable portions of permitting matrix
vi) Provide project environmental regulatory information to Fayetteville City Council
b) Coordination Meetings
i) Attend project kickoff meeting with City staff and other consultants involved in project.
ii) Attend meetings with City representatives, program manager, and other design consultants,
as directed by CITY OF FAYETTEVILLE, to coordinate design activities.
iii) Meet with Arkansas Department of Environmental Quality, US Army Corps of Engineers,
and US Fish and Wildlife Service to obtain permits for construction of project. A total of
seven meetings are anticipated.
iv) Meet with individual design consultants for information exchange, goal setting, setting
timelines, reviewing plans/drawings.
SEPTEMBER-2OO3-APPENDIX A PAGE I
PART B — DESIGN SURVEY
1. Basic Scope of Services
a) ECO will review environmental features on design consultants' plans for completeness and accuracy,
and to identify changes that may require additional aquatic resource assessments.
b) ECO will assist design consultants in identifying locations of aquatic resources and/or ecologically
sensitive areas on design plans and documents.
c) ECO will develop Environmental Regulatory Program Specifications to be incorporated into design
consultants' design plans and documents.
d) ECO will assist in obtaining project Section 404 permit, general storm water permit for construction
activity, and Candidate Conservation Agreement.
PART C - SECTION 404 PERMIT
1) Purpose
Because the proposed project will involve activities in "waters of the United States" a Section 404 permit will
be required by the Corps of Engineers (COE). During the Pre -Design Phase ,ECO developed the following
portions of the Section 404 permit application to the COE for the project:
• Part I : Wetland Delineation for Westside Wastewater Treatment Facility;•
• Part 2: Aquatic Resource Assessment for Westside (Illinois River Watershed) Line Work;
• Part 3: Aquatic Resource Assessment for Eastside (Beaver Reservoir Watershed) Line Work;
• Part 4: Form 4345 and Supplemental Information;
• Part 5: Alternatives Analysis Evaluation
2) Basic Scope of Services
Services to be provided by ECO in relation to the Section 404 permit during the Design Phase, shall be
limited to:
a) - Mitigation Site Selection Process
After the COE has reviewed Parts 1-5, and provided comments pertaining to required compensatory
mitigation for permanently altered wetlands, ECO will initiate the site selection process for the
wetland mitigation site. This shall include meetings and field reconnaissance of Westside
Wastewater Facility property with McGoodwin, Williams, and Yates (MWY) and the COE to
evaluate existing wetlands, and to evaluate potential locations for the wetland mitigation site. Three
site visits are anticipated.
The COE will require the wetland mitigation site to be permanently protected with appropriate real
estate instruments (e.g., conservation easements, deed restrictions, transfer of title to Federal or state
resource agencies or non-profit conservation organizations). Approval of this action from the
Fayetteville City Council will be necessary. After development of mitigation site alternatives, ECO
will present the findings to the City Council, and provide information that will be utilized in the
decision -making process to evaluate and initiate deed restriction of the site for compensatory wetland
mitigation. ECO's attendance at two City Council meetings is anticipated.
b) Wetland Mitigation Criteria
Mitigation activities will likely include enhancement of existing wetlands, and creation of new
wetlands. ECO will develop wetland technical criteria to be provided to MWY to be utilized in the
design of the compensatory mitigation wetland. Considerations of soil, hydrology, and vegetation
must be made in order for wetland habitat to be created and maintained. ECO will provide criteria to
MWY for a hydrobudget/hydroperiod analysis model to determine the source and volume of input
during the growing season to provide for hydrologic support of the proposed structure and functions
in order to determine the amount of water needed to support a wetland plant community. Calculations
SEPTEMBER -2003 -APPENDIX A PAGE 2
made by MWY with major input and output components of a hydrologic budget will form the basis
for the wetland design. ECO will meet with MWY to discuss wetland technical criteria and review
MWY wetland design specifications and drawings. Six meetings are anticipated.
c) - Compensatory Wetland Mitigation Plan
After the approval of the site selection process by the Fayetteville City Council, ECO will develop
Part 6: Compensatory Wetland Mitigation Plan for The City of Fayetteville Wastewater
Improvements Project. Initially, ECO will submit a "Conceptual Wetland Mitigation Work Plan" to
the COE, prior to detailed design of the created wetland. Upon review of the Conceptual Plan, the
COE will provide feedback regarding the wetland mitigation strategy, and initiate the Public Notice
Process. Subsequent to receipt of comments from the COE, ECO will complete the Final Wetland
Mitigation Plan that will include the following elements:
i) Baseline Information
• Description of physical, biological and legal characteristics of the Westside
Wastewater Facility footprint, and how the project will be established and operated.
• Description of location, size, type, function and value, and amount of debit associated
with the aquatic resource impacts from the proposed project, and the amount of credit
generated from the compensatory mitigation.
• Description of the location of the proposed mitigation site in relation to the aquatic
resource area to be impacted and quantitative data (acreage) for the proposed
mitigation site.
• Fieldwork will be conducted to characterize the area targeted for wetland mitigation
activities. This will include delineations of known wetlands on the site. An assessment
of wetland function and value using the Charleston Method, as prescribed by the COE,
will be conducted for the Westside Wastewater Facility footprint, and the mitigation
site.
ii) Goals Of The Mitigation
• Written statement of environmental goals and objectives; and types of mitigation
targeted
iii) Mitigation Strategy
Specifications and descriptions of the work to be performed, including, but not limited to:
• Boundaries of proposed constructed wetland and protected/maintained areas (e.g.,
maps and diagrams)
• Replacement ratios
• Construction methods, timing, and sequence
• Data indicating historic and existing vegetation, hydrology, and soil conditions
• Source of water supply
• A hydrobudget/hydroperiod analysis model to determine the source and volume of
input during the growing season to provide for hydrologic support of the proposed
structure and functions in order to determine the amount of water needed to support a
wetland plant community. MWY modeling of major input and output components of a
hydrologic budget will form the basis for the wetland design.
• Plant materials and scheme for revegetation
• Methods and times of year for revegetation
• Plans for control of exotic vegetation
• Elevation(s) and slope(s) of the proposed mitigation area to conform with required
elevation for target plant species
• Erosion control measures to prevent upland erosion into mitigation site
iv) Success Criteria — methods to measure success of created wetland
v) Monitoring Plan — strategy to assess the function and value of the created wetland
SEPTEMBER -2O03 -APPENDIX A PAGE 3
vi) Contingency Plan — strategy to be implemented, should creation of the wetland fail
vii) Site Protection — legal and physical measures to protect the site in perpetuity
viii) Financial Assurances — demonstration that the CITY OF FAYETTEVILLE has the
necessary financial capability to construct and maintain the mitigated wetland
ix) Responsible Party For Long -Term Maintenance — discussion of responsible party that will
maintain created wetland.
ECO will provide copies of the Compensatory Wetland Mitigation Plan to COE, CITY OF
FAYETTEVILLE, U.S. Fish and Wildlife Service, MWY, and Burns and McDonnell.
d) - Broyles Road Extension Section 404 Permit
In order to facilitate access to the Westside Wastewater Facility property by heavy equipment
during construction, a portion of Broyles Road will be improved and rerouted. The Broyles Road
improvements were initially planned for approximately 2,800 linear feet, beginning at an area
located immediately to the south of the planned wastewater facility, and extending northward to
the facility entrance. ECO submitted information to the COE, accordingly. Since that time,
revisions to planned improvements have been made to extend Broyles Road further northward.
Consequently, additional aquatic resource assessment work will be necessary, since the extended
reroute will cross additional streams and wetlands that are Section 404 jurisdictional "waters of the
U.S." Because it is necessary to expedite commencement of Broyles Road improvements prior to
construction of the wastewater facility, ECO has conferred with the COE Little Rock District
office and found that they will most likely allow the submittal of a separate Section 404 permit
application for the Broyles Road improvements, in lieu of requiring the information to be
submitted with the wastewater improvements 404 application. The revised proposed route of the
Broyles Road improvements has been determined to extend from a point that is approximately
2,500 linear feet south of the proposed wastewater facility, northward to Persimmon Street.
Additionally, an overhead electrical power line, a water line, and the Hamestring to Wastewater
Plant sewer line will be relocated to an area that parallels Broyles Road. As required by the COE,
an aquatic resource assessment must be done to quantify and differentiate the wetlands that will be
temporarily disturbed and restored (overhead electrical power line, water line, and sewer line) and
the wetlands that will be permanently altered and mitigated from the Broyles Road Improvements.
The scope of services to be provided by ECO will involve the following:
i) ECO will conduct an aquatic resource assessment for the overhead electrical power line, water
line, sewer line, and Broyles Road extension to identify stream crossings and wetlands.
ii) ECO will conduct stream surveys and wetland delineations of the streams and wetlands
identified.
iii) ECO will meet with MWY and review MWY design drawings for the Broyles Road
extension and assist in identifying locations of aquatic resources.
iv) ECO will develop a separate individual Section 404 permit application for the Broyles Road
improvements, which will include the following:
• Form 4345 and Supplemental Information
•• Aquatic Resource Assessment of waters of the U.S. where activities will take place
• Site Vicinity Map
• Wetland Delineations
v) ECO will provide copies of the 404 permit application to CITY OF FAYETTEVILLE,
COE, U.S. Fish and Wildlife Service, MWY, and Burns and McDonnell.
vi) ECO will obtain baseline information of the wetlands associated with the proposed Broyles
Road improvements, to include the following:
SEPTEMBER-2OO3-APPENDIX A PAGE 4
• Description of physical, biological and legal characteristics of the Broyles Road
improvements, and how the project will be established and operated.
• Description of location, size, type, function and value, and amount of debit associated
with the aquatic resource impacts from the proposed project, and the amount of credit
generated from the compensatory mitigation.
• Description of the location of the proposed mitigation site in relation to the aquatic
resource area to be impacted and quantitative data (acreage) for the proposed
mitigation site.
• An assessment of wetland function and value using the Charleston Method, as
prescribed by the COE.
vii) ECO will incorporate relevant technical and regulatory issues to address permanent
alterations to "waters of the U.S." associated with the Broyles Road extension into the
Compensatory Wetland Mitigation Plan, as applicable.
e) - Restoration Plan
Typically, Section 404 permits of this nature require the development and implementation of a
restoration plan to avoid and minimize impacts to aquatic resources. ECO will develop an Erosion
Control Plan that will generally follow the Little Rock District COE Sedimentation and Erosion
Control Guidelines for Pipeline Projects for incorporation into the Project Comprehensive BMP
Plan. This will be applicable to both line work and wastewater facility construction activities
within jurisdictional "waters of the U.S."
fj - Section 404 Permit Development/Review
In order to facilitate issuance of the Section 404 permit Public Notices, ECO will develop
"suggested" draft Public Notices/404 permits with relevant information regarding project activities
within "waters of the U.S." for submittal to the COE. Upon issuance of the 404 permits by the
COE, ECO will review the permit to determine if reasonable conditions have been written within
the permit that are representative of proposed activities, following applicable environmental
regulatory requirements. ECO will submit comments to the COE and initiate negotiations for more
reasonable permit requirements, if necessary.
3) - Services and Items Not Included
a) Public Hearing
Individual Section 404 permits are issued following a full public interest review of the permit
application. A Public Notice is distributed by the COE to all known interested persons and state
and federal resource management agencies. A Public Hearing may or may not be held in
connection with the COE's consideration of a permit application. Unless the Public Notice
specifies that a Public Hearing will be held, any person may request, in writing, within the
comment period specified in the Public Notice on a 404 permit application, that a Public Hearing
be held to consider the material matters at issue in the permit application. Upon receipt of any
such request, stating with particularity the reasons for holding a Public Hearing, the COE may
expeditiously attempt to resolve the issues informally. Otherwise, the COE shall promptly set a
time and place for the Public Hearing, and give due notice thereof. Requests for a Public Hearing
shall be granted, unless the COE determines that the issues raised are insubstantial or there is
otherwise no valid interest to be served by a hearing. Currently, it is unknown whether or not a
Public Hearing will be required for the project 404 permits. Should such a process develop, it may
become necessary to amend the scope of services provided by ECO.
b) Administrative Appeal
The COE has established policies and procedures to be used for the administrative appeal of
permit applications denied with prejudice, and for the administrative appeals of declined individual
permits. The appeal process will allow the affected party to pursue an administrative appeal of
certain final COE decisions with which they disagree. Examples of reasons for appeals include,
but are not limited to, the following: a procedural error, an incorrect application of law, regulation
SEPTEMBER-2oo3-APPENDIX A PAGE 5
•
•
or officially -promulgated policy, omission of material fact, incorrect application of the Section
404(b)(1) Guidelines, or use of incorrect data. Currently, it is unknown whether or not an
administrative appeal will become necessary. Should such a process develop, it may become
necessary to amend the scope of services provided by ECO.
c) Flood Plain Development Permit
ECOs services will not include obtaining a flood plain permit, unless otherwise requested by
CITY OF FAYETTEVILLE.
d) Additional Wetland Delineations/Stream Surveys/Functional Assessments
During the wetland mitigation site selection process, there is the potential for CITY OF
FAYETTEVILLE to select a mitigation site that has extensive wetlands because some parcels of
the 322 -acre city -owned property have an abundance of wetland depressions. The COE will
require the submittal of functional assessment baseline information for the selected site. If
wetlands exist, a wetland delineation will become necessary. Currently, ECO is aware of the
presence and magnitude of wetlands at a targeted site, preliminarily selected after conferrals with
the COE. ECO's scope of work includes a general characterization of the wetland mitigation site.
However, should CITY OF FAYETTEVILLE select an alternative site that requires extensive
wetland delineation and/or functional assessment work, or if the COE requires additional wetland
delineation and/or functional assessment work, it may become necessary to amend the scope of
services provided by ECO.
The possibility exists for the locations of structures, such as effluent line, outfall, pump stations
and sewer line alignments, to be changed during the Design Phase. If such changes occur which
necessitate further aquatic resource assessments, such as stream crossing surveys, wetland
delineations, and/or functional assessment work, it may become necessary to amend the scope of
services provided by ECO.
e) ECO is not responsible for the following services:
• Aerial photographs/design drawings
• Completed calculations/models for constructed hydrologic budget for constructed wetland
• Flood plain maps for areas within flood plains where construction activities will occur
f) - Contingent Additional Services
If Contingent Additional Services are required due to circumstances beyond ECO's control, ECO
shall notify CITY OF FAYETTEVILLE and request approval to conduct specific Contingent
Additional Services. CITY OF FAYETTEVILLE retains the options of executing a formal
contract amendment approved by the Mayor and the City Council, or approval in writing for
Contingent Additional Services to be performed on an hourly rate and expenses basis, charged
according to ECO's standard fee schedule. In either case, ECO will provide a cost estimate to
CITY OF FAYETTEVILLE and detail the scope of services, prior to commencing such services.
If the CITY OF FAYETTEVILLE deems that such services are not required CITY OF
FAYETTEVILLE shall give prompt notice to ECO, and ECO shall have no obligation to provide
those services.
PART D — GENERAL STORM WATER PERMIT FOR CONSTRUCTION ACTIVITY
1) Purpose
A general storm water permit for construction activity (NPDES general permit ARR1 0A000) will be required
for all surface disturbance construction activities on the project, as per EPA -promulgated regulations at 40
CFR 122.26. These regulations have been adopted by the Arkansas Department of Environmental Quality
(ADEQ) within Regulation No. 6 (NPDES regulations). As a requirement of the general permit, controls to
reduce pollutant loading in storm water are to be developed and implemented.
2) Basic Scope of Services
SEPTEMBER -20O3 -APPENDIX A PAGE 6
. S
Services to be provided by ECO shall be limited to:
a) - Notice Of Intent
In preparation for construction of the proposed project, ECO will complete a Notice of Intent
(NOI) for coverage under the general permit which must be filed with ADEQ at least 48 hours
prior to the commencement of construction activities. ECO will prepare and submit the NOI
upon selection of construction contractors.
b) - Storm Water Pollution Prevention Plan
To enhance the minimization of storm water pollutant loading, the general permit requires the
development and implementation of a storm water pollution prevention plan (SWPPP). ECO will
develop a SWPPP which will include the following elements:
• Best Management Practices
• Site Description
• Sediment and Erosion Controls
• Preventative Maintenance
• Site Evaluations
• Recordkeeping Requirements
• Good Housekeeping
• Pollution Prevention Training
i) ECO will develop project general storm water permit Best Management Practices (BMPs) for
incorporation into Design Consultants' Plans and Bid Documents, as applicable.
Implementation of these SWPPP BMPs will be required during the project Construction Phase
for the Westside Wastewater Facility and associated effluent line; the Broyles Road
improvements; the Westside Collection System Improvements; the Paul Noland Wastewater
Facility Upgrade; and the Eastside Collection System Improvements. Due to the variable
nature of construction activities and/or regulatory requirements for the proposed wastewater
improvements, ECO will develop several versions of the SWPPP, as applicable.
ii) ECO will identify specific locations, as applicable, for implementation of specific BMPs for
incorporation into Design Consultant' Plans and Bid Documents.
iii) Copies of the applicable SWPPP will be provided to the CITY OF FAYETTEVILLE; ADEQ,
McGoodwin, Williams and Yates; RJN Group; Black and Veatch; Garver Engineers, and Burns
and McDonnell.
iv) ECO will incorporate the SWPPPBMPs into the Comprehensive BMP Plan, as applicable.
v) ECO will attend meetings, as applicable and appropriate, with CITY OF FAYETTEVILLE;
McGoodwin, Williams, and Yates; RJN Group; Black and Veatch; Garver Engineers; and
Bums and McDonnell to discuss and coordinate project BMP issues for incorporation into
Design Consultants' Bid Documents.
c) - Contingent Additional Services
i) General Storm Water Permit Revisions
The scope of services contained herein is based upon the terms and conditions of the current
ADEQ General Storm Water Permit for Construction Activity (ARRIOA000) that became
effective on July 30, 1998, and expired on June 30, 2003. ADEQ is currently revising the general
permit, and will reissue it in the near future. Currently, it is unknown whether or not permit
revisions will necessitate substantial changes in ECO's scope of services. Should this occur, it
may become necessary to amend ECO's scope of services.
ii) Design Changes
The scope of services contained herein is based upon the information provided to ECO by Design
Consultants and CITY OF FAYETTEVILLE. Changes in design component locations and/or the
SEPTEMBER -2003 -APPENDIX A PAGE 7
nature of construction contracts to be written may necessitate ECO's revisions of specific BMP
locations. Should this occur, it may become necessary to amend ECO's scope of services.
If Contingent Additional Services are required due to circumstances beyond ECO's control, ECO
shall notify CITY OF FAYETTEVILLE and request approval to conduct specific Contingent
Additional Services. CITY OF FAYETTEVILLE retains the options of executing a formal
contract amendment approved by the Mayor and the City Council, or approval in writing for
Contingent Additional Services to be performed on a time and expenses basis, charged according
to ECO's standard fee schedule. In either case, ECO will provide a cost estimate to CITY OF
FAYETTEVILLE and detail the scope of services, prior to commencing such services. If the
CITY OF FAYETTEVILLE deems that such services are not required CITY OF
FAYETTEVILLE shall give prompt notice to ECO, and ECO shall have no obligation to provide
those services.
PART E — CANDIDATE CONSERVATION AGREEMENT WITH ASSURANCES (CCAA)
1) Purpose
Section 3(6) of the Endangered Species Act (ESA) of 1973, defines an endangered species as "any (plant or
animal) species that is in danger of extinction throughout all or a significant portion of its range....". The Act,
as amended, provides a means whereby various species of fish, wildlife, and plants, which are threatened with
extinction, may be conserved.
The construction of the Westside collection system will cross Clabber Creek, and associated tributaries, at
several locations that have been identified as a seasonal habitat of the Arkansas darter (Etheostoma cragini).
Correspondence from, and conferrals with, the U.S. Fish and Wildlife Service (USFWS) have indicated that
the darter is a candidate species that is under consideration for inclusion as a federally listed endangered
species. The Section 404 permit issued by the COE, and the ADEQ General Storm Water Permit for
Construction Activities will be issued on the basis that the proposed project will not adversely affect an
endangered species. Should the darter become listed as threatened or endangered during the course of
construction activities, the project could face extensive and untimely delays. This presents the potential for
revocation of the permits. In this scenario, construction activities potentially would have to cease, and a
lengthy Section 7 Consultation with USFWS would ensue. Subsequently, the permits would have to be
reissued with modifications that provide for protective measures for the Arkansas darter.
In order to obviate such an occurrence, the CITY OF FAYETTEVILLE anticipates entering into a CCAA for
the Arkansas darter. The CCAA is a document with conservation actions agreed upon by the CITY OF
FAYETTEVILLE in cooperation with the USFWS and the Arkansas Game and Fish Commission (AGFC).
The CCAA will be beneficial to both the CITY OF FAYETTEVILLE and the darter. Protection is provided
for the species as though it were already federally listed, while the CITY OF FAYETTEVILLE benefits from
an exemption from a full-scale Section 7 Consultation during construction of the proposed project. The
CCAA will involve specific restrictions for seasonal construction activities within darter habitat. Habitat
restoration, enhancement, and protection will be among the main goals of the CCAA. The CCAA will require
the organization of a Conservation Team to periodically evaluate (and modify if necessary) the CCAA. ECO
developed a Draft CCAA during the Pre -Design Phase of the project.
2) Basic Scone of Services
Services to be provided by ECO up to the point of execution of the CCAA by the involved parties, shall be
limited to:
a) — Meetings
i) Organize/initiate Arkansas Darter Conservation Team meetings. A total of two meetings are
anticipated during the Design Phase.
ii) Pre-CCAA planning meetings with CITY OF FAYETTEVILLE, RJN Group, USFWS, and AGFC.
A total of two meetings is anticipated during the Design Phase.
b) — Field Work
SEPTEMBER -2003 -APPENDIX A PAGE 8
0 •
Field work/site reconnaissance with USFWS to identify/classify habitat as critical use, safe haven, or
low priority; and to identify potential construction restriction zones. A total of two site visits is
anticipated.
c) — CCAA Document
Revise draft CCAA/develop conservation actions. The USFWS has provided a suggested template for
the CCAA to ECO. ECO will develop a CCAA for the Arkansas darter that will be applicable to areas
of sewer line construction along Clabber Creek, more specifically, Line W-5 (Gregg Avenue to
Hamestring Creek) that is to be designed by RJN group. The CCAA document will include the
following elements:
• Signature page
• USFWS designated Agreement Administrator
• Property description
• Authority and Purpose
• Background; ecology, life history, and major factors that threaten the existence of the Arkansas
darter.
• Description of Existing Conditions; existing population status/habitat characterization
• Conservation Measures
• Expected Benefits
• Assurances Provided to Property Owner in Case of Changed or Unforeseen Circumstances
• Monitoring Provisions
• Notification Requirement
• Transfer of Benefits
• Duration of Agreement and Tracking Number
• Termination and Agreement Amendments
Copies of the CCAA will be provided to USFWS, AGFC, CITY OF FAYETTEVILLE, COE,
ADEQ, RJN, City Council members, and Burns and McDonnell.
d) — CCAA Administration Assistance
ECO will present CCAA to City Council (one meeting), assist in administering execution of CCAA,
and incorporate applicable CCAA conditions into Comprehensive BMP Plan.
e) - Contingent Additional Services
If the USFWS determines that the proposed activity may jeopardize endangered species or their critical
habitat, a Section 7 Consultation may become required by USFWS. This may result in special
conditions within the Section 404 permit that are beyond the typical scope of work. Consequently,
additional fees may be incurred in such an event. Examples include, but are not restricted to:
• Section 7 Consultation with USFWS
• CCAA for species other than Arkansas darter
• CCAA for project work other than Westside line work near Clabber Creek
• In-depth biological, habitat, and/or population surveys
• Federal endangered species collection permits
• Protective measures required by environmental regulatory agencies other than USFWS
If Contingent Additional Services are required due to circumstances beyond ECO's control, ECO shall
notify CITY OF FAYETTEVILLE and request approval to conduct specific Contingent Additional
Services. CITY OF FAYETTEVILLE retains the options of executing a formal contract amendment.
approved by the Mayor and the City Council, or approval in writing for Contingent Additional Services
to be performed on a time and expenses basis, charged according to ECO's standard fee schedule. In
either case, ECO will provide a cost estimate to CITY OF FAYETTEVILLE and detail the scope of
services, prior to commencing such services. If the CITY OF FAYETTEVILLE deems that such
services are not required CITY OF FAYETTEVILLE shall give prompt notice to ECO, and ECO shall
have no obligation to provide those services.
SEPTEMBER -2003 -APPENDIX A PAGE 9
PART F - COMPREHENSIVE BEST MANAGEMENT PRACTICES PLAN
1) Purpose
Due to the overlap of environmental regulatory requirements, and the variability of regulatory requirements
for specific portions of the project, ECO will coordinate Best Management Practices (BMPs) via the
development of Project Comprehensive Best Management Practices Plans.
In addition to the requirements of the Section 404 permit, the General Storm Water Permit for Construction
Activity, and the CCAA, other regulatory issues are involved. The USFWS has concerns about construction
activity within potential ecologically sensitive areas in Northwest Arkansas. Because of the prevalence of
karst geology in the project area, and sensitive species associated with cave ecosystems, the USFWS has
requested the development and implementation of special measures, should a cave system be encountered
during construction activity.
2) Basic Scope of Services
Services to be provided by ECO shall be limited to:
a) — Cave System Contingency Plan
ECO will develop a Cave System Contingency Plan that will be incorporated into the Comprehensive
Best Management Practices Plans, as applicable.
b) — Applicable Regulatory Requirements to Westside Wastewater Facility
ECO will develop measures to comply with specific regulatory requirements (BMPs) for planned
activities at the Westside Wastewater facility, as follows:
• Section 404 permit issued by COE
• Compensatory Wetland Mitigation Plan required by COE
• General Storm Water Permit for Construction Activities issued by ADEQ
• Cave Contingency Plan required by USFWS
c) — Applicable Regulatory Requirements to Westside Effluent Line and Outfall
ECO will develop measures to comply with specific regulatory requirements (BMPs) for planned
activities for the Westside effluent line, as follows:
• Section 404 permit issued by COE
• General Storm Water Permit for Construction Activities issued by ADEQ
• Cave Contingency Plan required by USFWS
d) — Applicable Regulatory Requirements to Broyles Road Improvements
ECO will develop measures to comply with specific regulatory requirements (BMPs) for planned
activities for the Broyles Road Improvements, as follows:
• Section 404 permit issued by COE
• Compensatory Wetland Mitigation Plan required by COE
• General Storm Water Permit for Construction Activities issued by ADEQ
• Cave Contingency Plan required by USFWS
e) — Applicable Regulatory Requirements to Westside Collection System Improvements
ECO will develop measures to comply with specific regulatory requirements (BMPs) for planned
activities for the Westside Collection System Improvements, as follows:
• Section 404 permit issued by COE
• Candidate Conservation Agreement administered by USFWS
• General Storm Water Permit for Construction Activities issued by ADEQ
• Cave Contingency Plan required by USFWS
f) — Applicable Regulatory Requirements to Eastside Collection System Improvements
SEPTEMBER -2O03 -APPENDIX A PAGE 10
S •
ECO will develop measures to comply with specific regulatory requirements (BMPs) for planned
activities for the Eastside Collection System Improvements, as follows:
• Section 404 permit issued by COE
• General Storm Water Permit for Construction Activities issued by ADEQ
• Cave Contingency Plan required by USFWS
g) — Applicable Regulatory Requirements to Paul Noland Wastewater Facility Improvements
ECO will develop measures to comply with specific regulatory requirements (BMPs) for planned
activities for the Paul Noland Wastewater Facility Improvements, as follows:
• General Storm Water Permit for Construction Activities issued by ADEQ
• Cave Contingency Plan required by USFWS
h) — Site -Specific Best Management Practices Plans
i) Because each of the six portions of the project will vary in nature, have specific regulatory
requirements, and require specific BMPs, ECO will develop six versions of the Project
Comprehensive Best Management Practices Plan. As applicable, ECO will provide copies to
CITY OF FAYETTEVILLE, McGoodwin, Williams and Yates, RJN, Garver, Black and
Veatch, Burns and McDonnell, USFWS, COE, AGFC, and ADEQ.
ii) ECO will develop six versions of environmental regulatory requirement specifications for
incorporation into Design Consultants' Plans and Bid Documents, as described above.
iii) ECO will develop an environmental regulatory permitting and compliance priority schedule.
i) - Contingent Additional Services
The scope of services contained herein are based upon the current environmental regulatory
requirements at the time of the development of the scope of services, and upon communications with
regulatory personnel. ECO has no control of any regulatory control authority's subjectiveness in
regulatory interpretations, the dynamics of environmental regulations, nor the retroactiveness thereof.
Should environmental regulatory requirements specific to the project significantly change, or if
interpretations of and/or applications of current environmental regulations significantly change, it may
become necessary to amend ECO's scope of services.
If Contingent Additional Services are required due to circumstances beyond ECO's control, ECO
shall notify CITY OF FAYETTEVILLE and request approval to conduct specific Contingent
Additional Services. CITY OF FAYETTEVILLE retains the option of executing a formal contract
amendment approved by the Mayor and the City Council, or approval in writing for Contingent
Additional Services to be performed on a time and expenses basis, charged according to ECO's
standard fee schedule. In either case, ECO will provide a cost estimate to CITY OF
FAYETTEVILLE and detail the scope of services, prior to commencing such services. If the CITY
OF FAYETTEVILLE deems that such services are not required CITY OF FAYETTEVILLE shall
give prompt notice to ECO, and ECO shall have no obligation to provide those services.
PART G — COORDINATE/REVIEW PROJECT ENVIRONMENTAL PROGRAM
SPECIFICATIONS
1) Basic Scope of Services
Services to be provided by ECO shall be limited to:
a) ECO will develop, coordinate, and review applicable Project Environmental Regulatory Program
Specifications within the Bid Documents prepared by the Design Consultants. ECO has been
informed that there will be a total of 18 contracts, as follows:
• McGoodwin, Williams and Yates — 4
• RJN-7
• Garver -4
• Black and Veatch - 3
SEPTEMBER -2003 -APPENDIX A PAGE ii
0
•
ECO will provide corrections, clarifications, deletions, and additions to Bid Document
environmental regulatory language, as applicable.
b) - Contingent Additional Services
The scope of services contained herein is based upon the current design information provided to ECO
by design consultants and CITY OF FAYETTEVILLE. ECO has no control over changes to design
specifications, construction contracts, and/or project locations. Should design specifications
construction contracts, and/or project locations significantly change, it may become necessary to
amend ECO's scope of services.
If Contingent Additional Services are required due to circumstances beyond ECO's control, ECO
shall notify CITY OF FAYETTEVILLE and request approval to conduct specific Contingent
Additional Services. CITY OF FAYETTEVILLE retains the option of executing a formal contract
amendment approved by the Mayor and the City Council, or approval in writing for Contingent
Additional Services to be performed on a time and expenses basis, charged according to ECO's
standard fee schedule. In either case, ECO will provide a cost estimate to CITY OF
FAYETTEVILLE and detail the scope of services, prior to commencing such services. If the CITY
OF FAYETTEVILLE deems that such services are not required CITY OF FAYETTEVILLE shall
give prompt notice to ECO, and ECO shall have no obligation to provide those services.
SEPTEMBER -2003 -APPENDIX A PAGE 12
FAYETTEVIILE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Greg Boettcher
Water & Wastewater Department�,
From: Clarice Buffalohead-Pearman
City Clerk Division
Date: October 13, 2003
Re: Ord. No. 4515
Attached please find an executed copy of the above referenced ordinance passed by the City
Council, September 16, 2003 approving a waiver for competitive bidding and approve a contract
with Environmental Consulting Operations, Inc. Also attached are three extra copies of the
signed contract.
The ordinance will be recorded in the city clerk's office and microfilmed. If anything else is
needed please let the city clerk's office know.
/cbp
cc: Nancy Smith, Internal Auditor
City of Fayetteville Staff Review Form
Comments:
David Jurgens
Submitted By
City Council Agenda Items
and
Contracts, Leases or Agreements
NIA- Mayor's Approval
City Council Meeting Date
Agenda Items Only
Wastewater Treatment
Division
CORM'
Q4Q/\ ,--
Utilities
Department
Action Kequirea:
Approval of Amendment 7 to the Engineering contract with Environmental Consulting Operations, Inc., (ECO) for
$33,870.00, for 2013 wetlands mitigation site regulatory, management, and environmental issues.
$ 33,870
Cost of this request
5400.5120.5315.00
Account Number
Project Number
Budgeted Item 0
$ 34,101
Category / Project Budget
$ -
Funds Used to Date
$ 34,101
Remaining Balance
Budget Adjustment Attached
Water/Wastewater
Program Category / Project Name
Wastewater Treatment
Program / Project Category Name
Water and Sewer
Fund Name
r- 13 Previous Ordinance or Resolution #
Date
Original Contract Date:
2 1 - l 3 Original Contract Number:
Date
c v2-j-� 2-1-1O1-6
Finance and Internal Services Director Date
a-/-i
Date
4*at—e�-
4515, 247-09
10!712003.12/15/09
932
Received in City`'' i i i 'A 1 1: 1 �'` R C V D
Clerk's Office
Received in
Mayor's Office
Revised January 15, 2009
fayL
eVl e
ARKANSAS
To: Mayor Lioneld Jordan
Thru: Don Marr, Chief of Staff
From: David Jurgens, Utilities Director
Fayetteville Water and Sewer Corn ttee'
Date: February 1, 2013
CONTRACT REVIEW MEMO
MAYOR'S APPROVAL
THE CITY OF FAYETTEVILLE, ARKANSAS
Subject: Amendment 7 to the Engineering contract with Environmental Consulting Operations, Inc., for 2013
wetlands mitigation site regulatory, management, and environmental issues
RECOMMENDATION
City Administration recommends approval of Amendment 7 to the Engineering contract with Environmental
Consulting Operations, Inc., for $33,870.00, for wetlands mitigation site management and environmental issues as
required by the Corps of Engineers and ADEQ.
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 also designed the wetlands mitigation site that was required by the Corps of Engineers,
which has a mandated seven year monitoring and reporting period. The intent from the beginning of the WSIP
process has been to execute the wetlands monitoring change order annually, as the work load changes with time.
The Corps of Engineers permit requires a seven year monitoring period which ends in 2013. Funding for these
succeeding years comes from the Wastewater Treatment Operations program.
DISCUSSION
This amendment covers these work tasks for 2013:
(1) Wetlands site management including development and implementation of a strategy for specific controls
of invasive species via coordination and scheduling of hydrology, herbicide applications, and prescribed burning.
(2) Wetlands monitoring and Corps of Engineers compliance for 2013, including monitoring services to
maintain cumulative plant species lists, evaluations of seasonal hydrology and associated plant communities, and
identification of stands of invasive plant species to be controlled.
(3) Mitigation Bank Status Preliminary Process including conferrals with the Corps of Engineers to get the
City of Fayetteville's Wetland Mitigation Site, known as Woolsey Wet Prairie Sanctuary (WWPS), entered into the
Regulatory In lieu fee and Bank Information Tracking System (RIBITS), a recently developed tracking list of
information on mitigation and conservation banking and in -lieu fee programs across the country. The primary
objective would be to get WWPS entered into this mitigation bank system so that parties needing to purchase
wetland credits are aware that the City of Fayetteville has 96 wetland credits for sale. In achieving this, the city's 96
surplus credits would be listed on the Corps Little Rock District website within the RIBITS hyperlink. ECO,'s scope
will also include a concurrent preliminary evaluation of expanding WWPS into a larger wetland mitigation bank on
adjacent city -owned property, upon the sale of the surplus credits, under the "Streamlined Review Process".
BUDGET IMPACT
This change order is a $230.85 net reduction of the contract price. Work performed in previous years has been
below that anticipated, so the 2013 work is funded by savings in these previous years.
Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701
ECO Amend 7 CCMemo Jan13
AMENDMENT NO.7
TO
AGREEMENT FOR ENVIRONMENTAL CONSULTING SERVICES
BETWEEN CITY OF FAYETTEVILLE, ARKANSAS AND
ENVIRONMENTAL CONSULTING OPERATIONS, INCORPORATED
FOR
WSIP DESIGN/CONSTRUCTION/POST-CONSTRUCTION
ENVIRONMENTAL CONSULTING SERVICES
THIS AMENDMENT NO. 7 to the Agreement For Professional Environmental Consulting
Services, dated September 16, 2003 (the "Agreement"), by and between CITY OF
FAYETTEVILLE, ARKANSAS (CITY) and ENVIRONMENTAL CONSULTING
OPERATIONS, INC. (ECO) for environmental consulting services in connection with the
Wastewater System Improvements Project (WSIP) is made and entered into for purposes of
amending certain provisions of the Agreement to address unanticipated WSIP scheduling
changes and changes to requirements for environmental regulatory compliance and the scope of
construction contracts in association with the CITY's WSIP.
NOW THEREFORE, the CITY and ECO agree to amend the contract as. follows:
1. All items contained in the basic contract, as amended through Amendment 7, remain in
effect. Unless specifically stated all other terms and conditions of the Agreement shall remain
in full force and effect. Neither this Amendment nor the Agreement may be modified except in
writing signed by and authorized representative of the CITY and ECO. All work to be
performed prior to issuance of Amendment 7 has been completed.
2. Wetland Mitigation Site Management Coordination. The scope shall include development
and implementation of a strategy for specific controls of invasive species via coordination and
scheduling of hydrology, herbicide applications, and prescribed burning.
3. Wetland Mitigation Site Monitoring. The scope shall include abbreviated monitoring
services to maintain cumulative plant species lists, evaluations of seasonal hydrology and
associated plant communities, and identification of stands of invasive plant species to be
controlled.
4. Mitigation Bank Status Preliminary Process. The scope shall include conferrals with the
Little Rock District Corps of Engineers for the purpose of getting the City of Fayetteville's
Wetland Mitigation Site, more commonly known as Woolsey Wet Prairie Sanctuary (WWPS),
entered into the Regulatory In lieu fee and Bank Information Tracking System (RIBITS).
RIBITS was recently developed by the US Army Corps of Engineers (with support from USEPA
and USFWS) as a tracking list of mitigation bank information on mitigation and conservation
banking and in -lieu fee programs across the country. RIBITS allows users to access information
on the types and numbers of mitigation and conservation bank and in -lieu fee program sites,
associated documents, mitigation credit availability, service areas, as well information on
national and local policies and procedures that affect mitigation and conservation bank and in -
lieu fee program development and operation. The primary objective would be to get WWPS
entered into this mitigation bank system so that parties needing to purchase wetland credits are
aware that the City of Fayetteville has 96 wetland credits for sale. In achieving this, the city's 96
surplus credits would be listed on the Corps Little Rock District website within the RIBITS
hyperlink.
ECO Amnd No. 7- dj.doc
ECO,'s scope will include a concurrent preliminary evaluation of expanding WWPS into a larger
wetland mitigation bank on adjacent city -owned property, upon the sale of the surplus credits,
under the "Streamlined Review Process" defined under 33 CFR 332.8. The advantage provided
by this would be that the existing surplus wetland credits and the proposed wetland mitigation
bank expansion would be covered under a single mitigation banking instrument, thereby
providing a cost savings to the City of Fayetteville.
5. Compensation - For the amended Scope of Services described herein, the CITY shall pay
ECO the sum of the following, as specified below and as shown on the Cost Detail. The total
payment shall be a lump sum "not to exceed" amount of THIRTY THREE THOUSAND
EIGHT HUNDRED AND SEVENTY U.S. DOLLARS ($33,870.00). $34,100.85 remains
available and unspent from previous contract amendments, resulting in a net decrease to the total
contract amount of $230.85.
Contract Amendment No. 7 Cost Detail
ECO, INC. SCOPE
2013 annual services to be
paid under Amendment No. 7
PART A — Woolsey Wet Prairie Annual Adaptive Management Services
$
16,218.00
PART B - Woolsey Wet Prairie Annual Abbreviated Monitoring for
Management Purposes
$
13,947.00
PART C — Mitigation Bank Status Preliminary Process
$
3,7050.00
TOTAL
$
33,870.00
Savings from Prior Year Contract Amendments
$
34,100.85
NET INCREASE (DECREASE) IN CONTRACT AMOUNT
($
230.85)
The CITY and ECO intending to be legally bound, indicate their approval on the Amendment by
their signatures below.
ENVIRONMENTAL CONSULTING
OPERATIONS, INC.
By:
Bruce Shackleford, Presi e t
Date:
CITY OF FAYETTEVILLE
Lione o an, ayor
Date :OG
ATT ST:
By:
Sondra Smith, City Clerk
Date: CJ; —
Changes, modifications or amendments in scope, price or fees to this Contract shall not
allowed without formal contract amendment approved by the Mayor and the City Coun,
advance of the change in scope, cost, fees, or delivery schedule.
End of Amendment No. 7 to Agreement for Environmental Consulting Services
•a• c,1T Y O/:'. '.
I.
FAYEITEVILLE
. . r
NSP .
a4 1 IJtits
ECO Amnd No. 7- dj.doc