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HomeMy WebLinkAbout19-02 RESOLUTION• RESOLUTION NO. 19-02 A RESOLUTION APPROVING AMENDMENT NO. 2 TO THE CONTRACT WITH EGIS, INC. DEDUCTING ONE HUNDRED THIRTY-FOUR THOUSAND NINE HUNDRED FORTY-SIX DOLLARS ($134,946.00) FOR CONSTRUCTION MITIGATION OBSERVATION AND ADDING FIFTY-FIVE THOUSAND SEVEN HUNDRED DOLLARS ($55,700.00) FOR MITIGATION PLANNING FOR THE ARKANSAS BUSINESS TECHNOLOGY PARK. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council hereby approves Amendment No. 2 to the contract with EGIS, Inc. deducting One Hundred Thirty -Four Thousand Nine Hundred Forty -Six Dollars ($134,946.00) for construction mitigation observation and adding Fifty -Five Thousand Seven Hundred Dollars ($55,700.00) for mitigation planning for the Arkansas Business Technology Park. A copy of the amendment, marked Exhibit "A" is attached hereto, and made a part hereof. Section 2. That the City Council authorizes the Mayor to sign such a contract amendment with EGIS, Inc. PASSED and APPROVED this 5th day of February, 2002. • T}JER.WOODRUFF, City Clerk APPROVED: By att NAME OF FILE: CROSS REFERENCE: Resolution No. 19-02 02/05/02 Resolution No. 19-02 Exhibit "A" (Amendment No. 2)(Contract with EGIS Consulting Dated January 18, 2000 and Amended August 15, 2000) 01/15/02 Memo to Mayor and City Council from Gary Dumas regarding Amendment No. 2 12/28/01 Fax to Gary Dumas from Donna Mansell, EGIS, regarding Amendment No. 2 02/05/02 Staff Review Forni 02/19/02 Memo to Gary Dumas, Utilities Service Director, from Heather Woodruff, City Clerk NOTES: • • • AMENDMENT NO. 2 TO CONTRACT BETWEEN THE CITY OF FAYETTEVILLE AND EGIS CONSULTING DATED JANUARY 18, 2000 AND AMENDED AUGUST 15, 2000 EXHIBIT 1A" This Amendment No. 2 to the Contract dated January 18, 2000, and amended August 15, 2000, is entered into this i`%n'day of January, 2002, by and between the City of Fayetteville acting by and through its Mayor hereinafter called the "OWNER" and EGIS Consulting, also known as EGIS, Inc. The said Contract regarding environmental services for the Arkansas Business Technology Park proposed development, hereinafter known as the "Project." This document incorporates all provision of the original contract and Amendment No. 1 unless otherwise noted. It is mutually agreed as follows: 1. Cessation of Work. EGIS was assisting OWNER in the attainment of the final Section 404 permit from the Corps of Engineers ("COE") as specified in Amendment No. I to the Contract EGIS was notified by OWNER stop all work on the Project until further notice. 2. Resumption of Work. EGIS was requested to resume environmental consulting services with OWNER under the Design Phase of Amendment No. 2. Alterations to the original layout and design of the Project are being considered. 3. Deduction from Scope of Services in Amendment No. 1. Remaining work in Amendment 1, Sections C & D are deducted by Amendment No. 2. 4. Amendment No. 3 will be negotiated to extend the Scope of Services through project bidding construction and monitoring with EGIS Natural Developments, Inc. Ex An w • • • 5. Additional Scope of Services Added in this Amendment No. 2 to the original contract dated January 18, 2000. EGIS will assist OWNER in designing the Project to be a positive balance between environmental concerns and economic development. EGIS will provide the following environmental services on an hourly basis, not to exceed 555,770.00. See Attachment A for professional hourly rates and estimated man -days for the environmental services listed below: A) EGIS Will Coordinate With The US Fish And Wildlife Service ("USFWS") regarding a potential OWNER and USFWS Candidate Conservation Agreement ("CCA") which involves sensitizing the Project to the Arkansas darter (Etheostoma cragini) and habitat opportunities involving Wilson Spring/Clabber Creek/Unnamed Tributary. B) EGIS Will Coordinate with the University of Arkansas, and local environmental groups (i.e., the Arkansas Audubon Society, the Nature Conservancy) regarding habitat preservation and/or enhancement opportunities. C) Other Mitigation Opportunities: EGIS will assist OWNER in determining appropriate opportunities between the Arkansas State Highway and Transportation Department, environmental groups, such as the Arkansas Audubon Society, Nature Conservancy group and/or bank interests, for use of land within the Project arca and/or other sites for future local wetland mitigation opportunities, and transferring property and mitigation responsibility to outside parties. D) EGIS Will Provide Environmental Services and secure necessary permits and clearances relating to federal, state and local regulations regarding: i. Section 401 of the Clean Water Act (Water Quality Certification) ii. Section 402 of the Clean Water Act (NPDES-Storm water Pollution Prevention) iii. Section 404 of the Clean Water Act (discharge of dredged/fill material into Wetlands/Waters of the US) iv. Section 404 permit v. Endangered Species Act, and vi. City of Fayetteville ordinances relating to environmental issues. E) EGIS Will Assist The Owner In Creating A Natural Resource Planning Prototype to exemplify addressing environmental concerns and responsibility and commercial development. The Project will be showcased to the community, the state, and nation. EGIS will prepare news releases, publications, special natural resource presentations, etc. F) EGIS Will Review And Confirm Or Modify existing proposed wetland mitigation plans. G) EGIS Will Lead Planning Charrette(s) with OWNER and concerned citizenry to review and collect input concerning the proposed mitigation plan. • • H) EGIS Will Present Optional Environmental Configurations for OWNER'S consideration following public input activities. 1) EGIS Will Refine The Mitigation Plans, And Submit the mitigation plans to the Corps of Engineers for written approval and will provide coordination between OWNER and other government agencies regarding mitigation design. J) EGIS Will Prepare A Project Design Concept outlining the environmental benefits and economic development potential of the wetland area and the associated non -impacted arca. K) EGIS Will Prepare Final Report detailing the environmental and economic harmony of the overall development L) EGIS Will Research And Review Federal And State Grant And Cost -Sharing opportunities and report potential for use of these cost- sharing opportunities to the City. 6. Request for Change Orders will be submitted to the City should additional funding become necessary. Change orders will be submitted with an explanation of substantial change of scope, complexity or character of the services to be performed. EGIS will submit the request for a Change Order and the City must approve before services will be rendered. 7. Section 111 and IV of Amendment No. 1 are modified to reflect that EGIS will primarily be responsible for environmental design aspects of the Project. The City will make provision for engineering services. The City will provided all information previously collected for the Business Technology Park. EGIS • • should verify environmental/mitigation design information and data provided. EGIS will communicate and coordinate with the City. 8. Section X of Amendment No. 1 is modified to state EGIS will provide mitigation design documents in a timely manner to the City after Project configurations are finalized. 9. Section VII, VIII and IX of Amendment No. 1 are omitted. These phases will be covered under Amendment No. 3. 10. EGIS will coordinate work with the designer for the interceptor sewer line extension to pass across the northern portion of the property. 11. All other provisions of Amendment No. 1 remain in effect. CITY OF FAYETTEVILLE By Mayor Dan Coody EGIS, INC. By Manuel Barnes, President 5 ATTEST 6-- Cler WITNESS Donna Mansell A B C D E F G H 1 J K L • ATTACHMENT A EGIS PROFESSIONAL HOURLY RATES Principal Scientist (Sr.) Environmental Scientist 11 Environmental Scientist I Research Specialist Environmental Technician CADD Technician Clerical/Secretary (Travel time is billed at 1/2 the regular rate.) • $75.00 / hr. $60.00 / hr. 555.00 / hr. 550.00 / hr. 540.00 / hr. $50.00 / hr. 535.00 / hr. OWNER will be invoiced at the professional fees above. Fees are hourly not to exceed the estimated amount below. Amounts were estimated for number of man -days (10 -hour days) multiplied by 566 -- a blend of the professional fees above. Coordination with USFWS Coordination with Environmental Groups Other Mitigation Opportunities Permitting & Clearances Natural Resource Planning Prototype Existing Mitigation Plan Lead Planning Charrette(s) Present Optional Environmental Configurations Refine Mitigation Plan Prepare Project Design Concept Prepare Project Final Report Research/Review Grant Opportunities J/ of man Days (10 -hr days) 5 5 4.5 11 10 7 8 9 10 2 8 5 x $66 per hour (blend of professional fees) 5 5 3,300.00 3,300.00 2,970.00 7,260.00 6,600.00 4,620.00 5,280.00 5,940.00 6,600.00 1,320.00 5,280.00 3,300.00 $55,770.00 JAN -17-02 03:19 PM EGIS CONSULTING • AMENDMENT NO. 2 TO CONTRACT BETWEEN THE CITY OF FAYETTEVILLE AND EGIS CONSULTING DATED JANUARY 18, 2000 AND AMENDED AUGUST 15, 2000 501 Ili 0627 P.02 0P This Amendment No. 2 to the Contract dated January 18, 2000, and amended August 15, 2000, is entered into this /%'day of January, 2002, by and between the City of Fayetteville acting by and through its Mayor hereinafter called the "OWNER" and EGIS Consulting, also known as EGIS. Inc. The said Contract regarding environmental services for the Arkansas Business Technology Park proposed development, hereinafter known as the "Project." This document incorporates all provision of the original contract and Amendment No. 1 unless otherwise noted. It is mutually agreed as follows: 1. Cessation of Work. EGIS was assisting OWNER in the attainment of the final Section 404 permit from the Corps of Engineers ("COE") as specified in Amendment No. 1 to the Contract. EGIS was notified by OWNER stop all work an the Project until further notice. 2. Resumption of Work. EGIS was requested to resume environmental consulting services with OWNER under the Design Phase of Amendment No. 2. Alterations to the original layout and design of the Project are being considered 3. Deduction from Scope of Services in Amendment No. 1. Remaining work in Amendment 1, Sections C & D are deducted by Amendment No. 2. 4. Amendment No. 3 will be negotiated to extend the Scope of Services through project bidding. construction and monitoring with EGIS Natural Developments, Inc. JAN -17-02 03:19 PM EGIS CONSULTING • • 501 11 8627 P-03 5. Additional Scope of Services Added In this Amendment No. 2 to the original contract dated January 18, 2000. EGIS will assist OWNER in designing the Project to be a positive balance between environmental concerns and economic development. EGIS will provide the following environmental services on an hourly basis, not to exceed $55,770.00. See Attachment A for professional hourly rates and estimated man -days for the environmental services listed below: A) EGIS Will Coordinate With The US Fish And Wildlife Service ("USFWS") regarding a potential OWTBR and USFWS Candidate Conservation Agreement ("CCA") which involves sensitizing the Project to the Arkansas darter (Etheostoma cragini) and habitat opportunities involving Wilson Spring/Clabber Creek/Unnamed Tributary. B) EGIS Will Coordinate with the University of Arkansas, and local environmental groups (i.e., the Arkansas Audubon Society. the Nature Conservancy) regarding habitat preservation and/or enhancement opportunities. C) Other Mitigation Opportunities: EGIS will assist OWNER in determining appropriate opportunities between the Arkansas State Highway and Transportation Department, environmental groups, such as the Arkansas Audubon Society, Nature Conservancy group and/or bank interests. for use of land within the Project area and/or other sites for -2- JAN -17-02 03:20 PM EGIS CONSULTING • 501 I1 8627 P.04 future local wetland mitigation opportunities, and transferring property and mitigation responsibility to outside parties. D) EGIS Will Provide Environmental Services and secure necessary permits and clearances relating to federal, state and local regulations regarding: i. Section 401 of the Clean Water Act (Water Quality Certification) ii. Section 402 of the Clean Water Act (NPDES-Storm water Pollution Prevention) iii. Section 404 of the Clean Water Act (discharge of dredged/fill material into Wetlands/Waters of the US) iv. Section 404 permit v. Endangered Species Act, and vi. City of Fayetteville ordinances relating to environmental issues. E) EGIS Will Assist The Owner In Creating A Natural Resource Planning Prototype to exemplify addressing environmental concerns and responsibility and commercial development. The Project will be showcased to the community, the state, and nation. EGIS will prepare news releases, publications, special natural resource presentations, etc. F) EGIS Will Review And Confirm Or Modify existing proposed wetland mitigation plans. G) EGIS Will Lead Planning Charrette(s) with OWNER and concerned citizenry to review and collect input concerning the proposed mitigation plan. 3 JAN -17-02 03:20 PM EGIS CONSULTING • 501 ilv 8627 P.05 I-1) EGIS Will Present Optional Environmental Configurations for OWNER'S consideration following public input activities. I) EGIS Will Refine The Mitigation Plans, And Submit the mitigation plans to the Corps of Engineers for written approval and will provide coordination between OWNER and other government agencies regarding mitigation design. J) EGIS Will Prepare A Project Design Concept outlining the environmental benefits and economic development potential of the wetland area and the associated non -impacted area. K) EGIS Will Prepare Final Report detailing the environmental and economic harmony of the overall development L) EGIS Will Research And Review Federal And State Grant And Cost -Sharing opportunities and rcport potential for use of these cost- sharing opportunities to the City. 6. Request for Change Orders will be submitted to the City should additional funding become necessary. Change orders will be submitted with an explanation of substantial change of scope, complexity or character of the services to be performed. EGIS will submit the request for a Change Order and the City must approve before services will be rendered. 7. Section III and IV of Amendment No. 1 are modified to reflect that EGIS will primarily be responsible for environmental design aspects of the Project. The City will make provision for engineering services. The City will provided all information previously collected for the Business Technology Park. EGIS JAN -17-02 03:21 PM EGIS CONSULTING 501 271 8627 P.06 • • should verify environmental/mitigation design information and data provided. EGIS will communicate and coordinate with the City. 8. Section X of Amendment No. 1 is modified to state EGIS will provide mitigation design documents in a timely manner to the City after Project configurations are finalized. 9. Section VII, VIII and IX of Amendment No. 1 are omitted. These phases will be covered under Amendment No. 3. 10. EGIS will coordinate work with the designer for the interceptor sewer line extension to pass across the northern portion of the property. 11. All other provisions of Amendment No. 1 remain in effect. CITY OF FAYETTEVILLE ATTEST By Mayor Dan Coody EGIS, INC. By " ' Manuel Barnes. President -5 City Clerk WITNESS Donna JAN -17-02 03:21 PN EGIS CONSULTING A B C D E F G H J K L • ATTACHMENT A EGIS PROFESSIONAL HOURLY RATES Principal Scientist (Sr.) Environmental Scientist II Environmental Scientist I Research Specialist Environmental Technician CADD Technician Clerical/Secretary (Travel time Is billed at IA the regular rate.) 501 221 0627 $75.00 / hr. 560.00 / hr. 555.00 / hr. 550.00 / hr. 540.00 / hr. 550.00 / hr. $35.00 / hr. OWNER will be invoiced at the professional fees above. Fees are hourly not to exceed the estimated amount below. Amounts were estimated for number of man -days (10 -hour days) multiplied by 566 -- a blend of the professional fees above. Coordination with USFWS Coordination with Environmental Groups Other Mitigation Opportunities Permitting a Clearances Natural Resource Planning Prototype Existing Mitigation Plan Lead Planning Charrette(s) Present Optional Environmental Configurations Refine Mitigation Plan Prepare Project Design Concept Prepare Project Final Report Research/Review Grant Opportunities # of man Days (10 -hr days) 5 5 4.5 11 10 7 B 9 10 2 B 5 x 566 per hour (blend of professional fees) $ 3,300.00 $ 3,300.00 5 2,970.00 $ 7,260.00 $ 6,600.00 5 4,620.00 $ 5,280.00 $ 5,940.00 $ 6,600.00 $ 1,320.00 $ 5,280.00 $ 3,300.00 555,770.00 P.07 • FA YETTEVILLE THE CIT)' 0 FA VETTEVILLE, ,I RICA JV 'AS DEPARTMENTAL. CORRESPONDENCE To: Mayor and City Council From. Gary Dumas Date: Tuesday, January 15, 2002 Subject: Amendment No. 2 with EGIS Consulting for Environmental Planning and Design for the Arkansas Business Technology Park Background: In the late 1980's, the City of Fayetteville began efforts to develop what was then known as the Arkansas Research and Technology Park. For a variety of reasons, the project failed to materialize through the 1990's. In July 1999, the City entered in to a small contract with EGIS Consulting for delineation of the wetlands within the site. In December 1999, a second small contract was entered into between EGIS and the City for EGIS to initiate the Army Corps of Engineers 404 permit process. On January 18, 2000, the City Council authorized an additional contract to coordinate the 404 process with other agencies and to develop preliminary mitigation plans. On September 15, 2000, Council authorized Amendment No.l, to the January 18, 2000 contract. This amendment expanded the scope of work and the fee by 5164,050. On January 2, 2001, work on the project was stopped pending review. At the time of the cessation of work, $16,296.99 of the $164,050 had been expended. In December 2001, following internal staff meetings and meetings with the Fayetteville Chamber of Commerce, additional meeting were held with the Army Corps of Engineers and EGIS to determine the status of the project. The outcomcs were actions necessary to get the project reinitiated with the desire to have Phase 1 under construction the winter of 2002, with the mitigation activities undcrway simultaneously. Toward that end, the current contract with EGIS was reviewed to determine its status and if the tasks outlined remained necessary. The outcome was that the work required for the tasks concerning construction mitigation observation ($134,946) was unknown at this time. Therefore, those items are proposed to be deleted from Amendment No. I and a detailed process leading to and including the preparation of plans for the construction of any wetland mitigation is proposed to be added the scope of services by this Amendment No. 2. The cost of this additional service is $55,700. Funds encumbered by the current contract will be released and a portion will be used for this Amendment No. 2. Recommendation: Approve Ordinance authorizing execution of the attached Contract Amendment No. 2 Environmental Services Department 113 \Vest Mountain Street Fayetteville. Arkansas 72703 Telephone: 501-575-8330 Fa,N:50 -575-5257 Email edumas(rici.favettc illc.:u us .DEC -20-01 02:55 PM EGIS CONSULTING + • Donna Mansell From: Sent: To: Subject: Mr. Dumas: 501 4ii1 e627 P.01 ecifupwa. 7t6br Donna Mansell [dmansell©egis-env cam] Friday. December 28, 2001 2:41 PM Gary Dumas (gdurnesCcl.layetteville.ar.us) Amendment No. 2 Attached 1s Amendment No. 2. We are also faxing it your office. Please give us a call if it meets with your approval and we will forward original signed documents to your office. EGIS Amendment No. 2-dlm.doc (... Donna L. Munsell EGIS, Inc. • Environmental Consulting EGIS Natural Developments, Inc. - Environmental Construction 314 South Main Street Bentonville, AR 72712 (501) 271-9252 or 1.800.718-2492 (501) 271-8627 fax Meeting Environmental Challenges Nationwide Outgoing mad is certified Virus Fret. Checked by AVG anti-virus system (hupl/u,uu•.grilo(1.com). Version: 6.0 310 / Virus Database. 171 - Release Date' 12/19/2001 Flefi C1\G,`�L� �v.� QN,C�'tru �S . ��� Sac 1“2-6.- 6 n ICS • ga Y1 XXXX Agenda Request XXXX Contract Review Grant Review • STAFF REVIEW FORM • For the Fayetteville City Council meeting of: February 5, 2002 FROM: Gary Dumas Utility Services Name Division Department ACTION REQUIRED: Review and Approve Amendment No. 2 to the contract dated 1-18-00 with EGIS Consulting. Scope of Services Change: Deduct S134,946; Add S.:S'S;.7O0 COST TO CITY: $134,946 deduct $3$.70tadd Cost of this Request 1010-6600-5314-00 Account Number $ 145,415 Category/Project Budget $ 145.415 Funds Used to Date Business and Technologv Park Category/Project Name Program Name 95075-10 $ -0- General Fund/Sales Tax Project Number Remaining Balance Fund •***ARer approval of this request S192ykill remain in Project Balance BUDGET EW: LBudgeted Item Budg t Manager Administrative Services Director Budget Adjustment Attached CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY: Accounting Man City Purchasing Officer 10 Z et Date MI 0 Date ADA Coordinator tema L uditor STAFF RECOMMENDATION: Approve Ordinance Executing Change Order Cross Reference Division Head epartm nt Director Date Date Date /1/0/o Date Ncw Item: _Yes Admi �.trative Services Director Mayor Prey Ord/Res #: Orig Contract Date: s R r' Page 2 • • STAFF REVIEW FORM Description Meeting Date Comments: Reference Comments: Budget Coordinator Accounting Manager City Attorney Purchasing Officer ADA Coordinator Internal Auditor FAYETTEVILLE THE CITY OF FAYETTEVILLI. ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Gary Dumas, Utilities Service Director From: Heather Woodruff, City Clerk Date: February 19, 2002 Please find attached a copy of Resolution No. 19-02 and a copy of Amendment No. 2 to the contract with EGIS, INC. for construction mitigation observation and planning for the Arkansas Business Technology Park. The original will be microfilmed and filed with the City Clerk. cc: Nancy Smith, Internal Audit 015 04 Document Reference RES Date 2/05/2002 City f Fayetteville � laintenance/Inquiry Item Action Ref. Taken Brief Description 19-02 • 2/22/2002 8:27:17 ARKANSAS BUSINESS TECHNOLOGY PARK Keywords • File Reference # Security Class Expiration Date Date for Cont/Referred: Name Referred to • • Cmdl-Return Cmd2-Check CmdS-Abstract Yes No RES. 19-02 AMENDMENT NO. 2 CONTRACT EGIS, INC. DEDUCITNG $134,946.00 CONSTRUCITON MITIGATION OBSERVATION MITIGATION PLANNING ARKANSAS BUSINESS TECHNOLOGY MICROFILM Retention Type: **** Active **** Press Cmd 6 to Update Out CmdB-Retention Cmd3-End Press 'ENTER' to Continue (c) 1986-1992 Munimetrix Systems Corp.