HomeMy WebLinkAbout250-05 RESOLUTION•
RESOLUTION NO. 250-05
A RESOLUTION APPROVING AN AMENDMENT TO THE
ENGINEERING CONTRACT WITH ENVIRONMENTAL
CONSULTING OPERATIONS, INC. IN THE AMOUNT OF
$579,343.00 FOR CONSTRUCTION AND POST -CONSTRUCTION
PHASE SERVICES FOR THE ENTIRE WASTEWATER SYSTEM
IMPROVEMENT PROJECT (WSIP); AND APPROVING A
CONTINGENCY OF $20,000.00.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas
hereby awards a construction contract with Environmental Consulting
Operations, Inc. in the amount of $579,343.00 for construction and post -
construction phase services for the entire Wastewater System Improvement
Project (WSIP). A copy of the amendment marked Exhibit "A" is attached hereto,
and made a part hereof.
Section 2. That the City Council of the City of Fayetteville, Arkansas
hereby approves a contingency of 520,000.00.
PASSED and APPROVED this 20th day of December, 2005.
ATTEST:
By
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E ;FAYETTEVILLE:
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SONDRA SMITH, City Clerk
APPROVED:
By:
DAN COODY, Ma
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AMENDMENT NO. 2
TO
AGREEMENT FOR - ENVIRONMENTAL CONSULTING SERVICES
Between
CITY OF FAYETTEVILLE, ARKANSAS
And
ENVIRONMENTAL CONSULTING OPERATIONS, INCORPORATED
BENTON, ARKANSAS
WHEREAS, On September 16, 2003 the City of Fayetteville, Arkansas (FAYETTEVILLE) and
Environmental Consulting Operations, Inc. of Benton, Arkansas (ECO) entered into an agreement for
environmental consulting services in connection with the Wastewater System Improvement Project
(Project). Scope of services being provided includes environmental consultant services related to various
environmental permits, best management practices for construction and wetland mitigation activities, and
WHEREAS, ECO has proceeded with these services in accordance with the scope set forth in the
agreement, and
WHEREAS, Amendment No. 1 to the agreement included environmental consultant services in
connection with INTERCEPTOR SEWER REALIGNMENT-SPRINGWOODS SUBDIVISION;
and
WHEREAS, FAYETTEVILLE requests the scope of ECO's services be amended to include
"CONSTRUCTION/POST CONSTRUCTION PHASE ENVIRONMENTAL CONSULTING
SERVICES"; and
WHEREAS, ECO agrees to provide amended scope of services on an hourly rate basis with a not -to -
exceed additional cost of Five Hundred Seventy -Nine Thousand Three Hundred and Forty -Nine U.S.
Dollars (US $579,349).
NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained,
FAYETTEVILLE and ECO, the parties hereto, stipulate and agree that the Agreement for
Environmental Consulting Services dated September 16, 2003, is hereby amended in the following
particulars:
SECTION 1 - AUTHORIZATION OF SERVICES
1.1 Services on any assignment shall be undertaken only upon written Authorization of
FAYETTEVILLE and agreement of ECO.
1.2 Assignments may include services described hereafter as Basic Services or as Additional
Services of ECO.
1.3 Changes, modifications or amendments in scope, price or fees to this contract shall not be
allowed without a formal contract amendment approved by the Mayor and the City Council
in advance of the change in scope, costs, fees, or delivery schedule.
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SECTION 2 - BASIC SERVICES OF ECO
2.1 General
2.1.1 Perform environmental consulting services in connection with the Project as hereinafter
stated, which shall include normal environmental consulting services incidental thereto.
2.1.1.1 The Scope of Services to be furnished by ECO during the Construction Phase is included
in Section 2.2 hereafter and in Appendix A attached hereto and made part of this
Agreement.
2.1.1.2 The Scope of Services to be fumished by ECO during the Post -Construction Phase, if
any, will be finalized and contained in an amendment to this Agreement prior to
commencement of the Post -Construction Phase.
2.1.1.3 The preliminary Scope of Services to be furnished by ECO for Resident Services During
Construction, if any, will be finalized and contained in an amendment to this Agreement
prior to commencement of the Construction Phase.
2.1.2 The environmental consulting services to which this Agreement applies are a part of the
Wastewater System Improvement Project. ECO shall coordinate their activities and services
primarily with FAYETTEVILLE Water and Wastewater Director and all other parties that
FAYETTEVILLE may contract with for program management or professional design
services as a part of the Wastewater System Improvement Project.
2.2 Construction Phase
2.2.1 Conduct periodic visual on-site observations of construction activities to evaluate
implementation of Best Management Practices (BMPs) and regulatory compliance status of
activities conducted by Contractors and develop written reports to document observations and
provide recommendations to applicable Design Professionals and FAYETTEVILLE, and
assist Design Professionals in the preparation of other related documents pertaining to
environmental regulatory issues, as described in Appendix A of this Agreement.
2.2.1.1 Text documents shall be provided to FAYETTEVILLE in Microsoft' Word, Microsoft
Excel, and Adobe PDF version 2004 software.
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2.2.1.2 When requested by FAYETTEVILLE's Water and Wastewater Director, prepare for
and attend up to two City Council meetings to provide periodic updates on the progress
of the environmental regulatory program.
2.2.2 Prepare technical criteria and written descriptions to address environmental regulatory
compliance status or requests for information by governmental authorities having jurisdiction
to review or approve the environmental regulatory permitting of the Project. Assist
FAYETTEVILLE in consultations with appropriate authorities.
2.2.3 Furnish Design Professionals with applicable environmental regulatory documents, specific
to their scopes of work.
2.2.3.1 Fully disclose all subcontract agreements including the name and address of the
subconsultant, the scope of services to be provided and the value of the subcontract
agreement.
2.2.4 Render monthly compliance evaluation reports to FAYETTEVILLE and confirm status of
compliance with environmental regulatory compliance schedule.
2.2.5 Provide to the FAYETTEVILLE in a format mutually acceptable to the FAYETTEVILLE
and ECO such schedules, reports, project summaries, and other data as may be required, for
posting by others on a project web site to allow the public to monitor and review the
activities materials, and financial status of the project. Refresh the data supplied to the
FAYETTEVILLE no more frequently than monthly.
2.2.6 Arrange for applicable environmental regulatory permit requirements to be sent to project
Design Professionals who will be performing Construction Phase services and preparing
notices to be sent to Contractors.
2.2.7 FAYETTEVILLE shall organize, convene and conduct Pre -Bid Conferences. ECO shall
not be required to attend the Pre -Bid Conferences. As needs arise for further explanations of
the environmental regulatory requirements or as questions are posed from prospective
bidders, FAYETTEVILLE will communicate such issues to directly to ECO. ECO shall
consider the questions received and provide the necessary clarifications and changes to
FAYETTEVILLE for dissemination to concemed parties.
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2.2.8 FAYETTEVILLE and applicable Design Professional shall organize, convene and conduct
Pre -Construction Conferences. ECO shall not be required to attend the Pre -Construction
Conferences. ECO shall consider the questions received from successful bidders, after Pre -
Construction Conferences and provide the necessary clarifications and answers to
FAYETTEVILLE for dissemination to concerned parties.
2.2.9 Sec Appendix A for additional services or clarification of services to be provided by ECO.
2.3 Post -Construction Phase
2.3.1 The scope of Post -Construction Phase Services, if any, will be negotiated prior to
commencement of the Post -Construction Phase
2.4 Resident Services During Construction
2.4.1 The scope of Resident Services During Construction, if any, will be negotiated prior to
commencement of the Construction Phase.
SECTION 3 - ADDITIONAL SERVICES OF ECO
3.1 General
If authorized in writing by the FAYETTEVILLE Mayor and the City Council and agreed to in writing
by ECO, ECO shall fumish or obtain from others Additional Services of the following types that are not
considered normal or customary Basic Services. The scope of Additional Services may include:
3.1.1 Fumishing renderings or Project documents concerning construction costs for
FAYETTEVILLE's use.
3.1.2 Miscellaneous Studies
Investigations, studies, or surveys for wetland mitigation on real property other than the West Side
Wastewater Treatment facility property currently owned by FAYETTEVILLE.
3.1.3 Preparing to serve or serving as a witness for FAYETTEVILLE in any litigation or other
proceeding involving the Project.
3.1.4 Extra Services
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3.1.4.1 Services not specifically defined heretofore that may be authorized by
FAYETTEVILLE.
3.2 Contingent Additional Services
3.2.1 If services described under Contingent Additional Services in Paragraph 3.2 are required due
to circumstances beyond ECO's control, ECO shall notify FAYETTEVILLE and request a
formal contract amendment approved by the Mayor and the City Council prior to
commencing such services. If FAYETTEVILLE deems that such services described in 3.2
are not required, FAYETTEVILLE shall give prompt written notice to ECO. If
FAYETTEVILLE indicates in writing that all or parts of such Contingent Additional
Services are not required, ECO shall have no obligation to provide those services.
3.2.2 Making revisions in Drawings, Specifications, or other documents when such revisions are:
3.2.2.1 Required because of inconsistent approvals or instructions previously given by
FAYETTEVILLE, including revisions to drawings, specifications, or other documents
made necessary by adjustments in FAYETTEVILLE's program or Project Budget.
3.2.2.2 Required by the enactment or revision of codes, laws, or regulations subsequent to the
preparation of such documents.
SECTION 4 - RESPONSIBILITIES OF FAYETTEVILLF.
FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of ECO:
4.1 Provide full information as to FAYETTEVILLE's requirements for the Project.
4.2 Assist ECO by placing at ECO's disposal all available information pertinent to the
assignment including previous reports and any other data relative thereto.
4.3 Guarantee access to and make all provisions for ECO to enter upon public and private
property as required for ECO to perform his services under this Agreement.
4.4 Examine all studies, reports, sketches, cost opinions, construction reports, drawings,
proposals, and other documents presented by ECO and render in writing decisions pertaining
thereto.
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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 FAYETTEVILLE's representative with respect to the
services to be performed under this Agreement. Such person shall have complete authority to
transmit instructions, receive information, interpret and define FAYETTEVILLE's policies
and decisions with respect to materials, equipment, elements and systems to be used in the
Project, and other matters pertinent to the services covered by this Agreement.
4.7 Give prompt written notice to ECO whenever FAYETTEVILLE observes or otherwise
becomes aware of any defect in the Project.
4.8 Furnish approvals, correspondence, Notices of Violation, and permits from all governmental
authorities having jurisdiction over the Project and such approvals and consents from others
as may be necessary for completion of the Project. Pay directly to the governmental
authorities the actual filing and permit fees.
4.9 Pay for placement of legal notices and advertisements in newspapers or other publications
required by program requirements of the Wastewater System Improvement Project.
4.10 Furnish, or direct ECO to provide, necessary Additional Services as stipulated in Section 3 of
this Agreement or other services as required.
4.1 1 If FAYETTEVILLE's standard bidding requirements, Agreement forms and General
Conditions are to be used, FAYETTEVILLE shall provide copies of such documents for
ECO's use in coordinating the Contract Drawings and Specifications.
4.12 FAYETTEVILLE and/or its representative will review all documents and provide written
comments to ECO in a timely manner.
SECTION 5 - PERIOD OF SERVICE
5.1 This Agreement will become effective upon the first written notice by FAYETTEVILLE
authorizing services hereunder.
5.2 The provisions of this Agreement have been agreed to in anticipation of the orderly progress
of the Project through completion of the services stated in the Agreement. ECO will proceed
with providing the authorized services immediately upon receipt of written authorization
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from FAYETTEVILLE. The scope of services described in Appendix A are not anticipated
to extend beyond February 2009. Said authorization shall include the scope of the services
authorized and the time in which the services are to be completed.
SECTION 6 - PAYMENTS TO ECO
6.1 Compensation
6.1.1 Construction Phase Services
For the Scope of Services during the Construction Phase described herein, FAYETTEVILLE shall pay
ECO the sum of the following:
6.1.1.1 For time expended by personnel, payment at the hourly rates indicated in the attached
"Schedule of Hourly Professional Service Billing Rates". Such rates include overhead
and profit. The schedule is effective January I, 2005, and will be revised annually.
6.1.1.2 For outside expenses incurred by ECO, such as authorized travel and subsistence,
including airfare, food, lodging, automobile rental, commercial services, courier
deliveries, and incidental expenses, the cost to ECO.
6.1.1.3 The total payment for the Basic Scope of Services described in Appendix A is a lump
sum, "not to exceed" amount of Five Hundred Seventy -Nine Thousand Three Hundred
and Forty -Nine U.S. Dollars (US $579,349). The total payment is based on expending
no more than 4,452 person -hours.
6.1.1.4 Subject to the City Council approval, adjustment of the not -to -exceed amount may be
made should ECO establish and FAYETTEVILLE agree that there has been or is to be
a significant change in scope, complexity or character of the services to be performed; or
if FAYETTEVILLE decides to shorten the duration of work from the time period
specified in the Agreement for completion of work and such modification warrants such
adjustment. Changes, modifications or amendments in scope, price or fees to this
Contract shall not be allowed without formal contract amendment approved by the
Mayor and the City Council in advance of the change in scope, cost, fees, or delivery
schedule.
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6.2 Statements
6.2.1 Monthly statements for each calendar month shall be submitted to FAYETTEVILLE or
such parties as FAYETTEVILLE may designate for Construction Phase services consistent
with ECO's normal billing schedule. Once established, the billing schedule shall be
maintained throughout the duration of the Project. Applications for payment shall be made in
accordance with a format to be developed by ECO and approved by FAYETTEVILLE.
Final payment for Construction Phase services shall be made upon FAYETTEVILLE's
approval and acceptance with the satisfactory completion of the Construction Phase for the
Project.
6.2.2 Statements and updated environmental regulatory compliance status report for each calendar
month will be submitted in electronic format simultaneously to FAYETTEVILLE, followed
by signed original document to FAYETTEVILLE. Statements will be based on ECO's
estimated percent of services completed at the end of the preceding month, and justified.
6.3 Payments
All statements are payable upon receipt and due within thirty (30) days. If a portion of ECO's statement
is disputed by FAYETTEVILLE, the undisputed portion shall be paid by FAYETTEVILLE by the due
date. FAYETTEVILLE shall advise ECO in writing of the basis for any disputed portion of any
statement. FAYETTEVILLE will make reasonable effort to pay invoices within 30 days of date the
invoice is approved however, payment within 30 days is not guaranteed.
6.4 Final Payment
Upon satisfactory completion of the work performed under this Agreement, as a condition before final
payment under this Agreement, or as a termination settlement under this Agreement, ECO shall execute
and deliver to FAYETTEVILLE a release of all claims against FAYETTEVILLE arising under or by
virtue of this Agreement, except claims which are specifically exempted by ECO to be set forth therein.
Unless otherwise provided in this Agreement or by State law or otherwise expressly agreed to by the
parties to this Agreement, final payment under this Agreement or settlement upon termination of this
Agreement shall not constitute a waiver of FAYETTEVILLE's claims against ECO or his sureties under
this Agreement or applicable performance and payment bonds, if any.
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6.4.1 Post -Construction Phase Services
This section is reserved for future details conceming this phase, if any. This Agreement shall be amended
to include payment conditions prior to commencement of Post -Construction Phase Services.
6.4.2 Resident Services During Construction
This section is reserved for future details concerning this phase, if any. This Agreement shall be amended
to include payment conditions prior to commencement of Resident Services During Construction.
6.4.2 Additional Services
For authorized Additional environmental consulting services under Section 3, "Additional Services",
compensation to ECO shall be negotiated at the time Additional Services are authorized.
SECTION 7 - GENERAL CONSIDERATIONS
7.1 Insurance
7.1.1 During the course of performance of these services, ECO will maintain (in United States
Dollars) the following minimum insurance coverages:
Type of Coverage Limits of Liability
Workers' Compensation Statutory
Employers' Liability $500,000 Each Accident
Commercial General Liability
Bodily Injury and
Property Damage
Automobile Liability:
Bodily Injury and
Property Damage
$1,000,000 Combined Single Limit
$1,000,000 Combined Single Limit
Professional Liability Insurance $1,000,000 Each Claim
ECO will provide to FAYETTEVILLE certificates as evidence of the specified insurance within ten
days of the date of this Agreement and upon each renewal of coverage.
7.1.2 Construction Contractors shall be required to provide (or FAYETTEVILLE may provide)
Owner's Protective Liability Insurance naming FAYETTEVILLE as a Named Insured and
ECO as additional insured, or, to endorse FAYETTEVILLE, and ECO as additional
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insureds on construction Contractor's liability insurance policies covering claims for personal
injuries and property damage. Construction Contractors shall be required to provide
certificates evidencing such insurance to FAYETTEVILLE, and ECO. All contract
insurance carriers shall be required to list FAYETTEVILLE, and ECO as certificate
holders, furnishing copies of the contractor's insurance cenificate to each party
7.1.3 FAYETTEVILLE and ECO waive all rights against each other and their officers, directors,
agents, or employees for damage covered by property insurance during and after the
completion of ECO's services. All construction Contractors shall be required to provide
waivers of subrogation in favor of FAYETTEVILLE and ECO for damage or liability
covered by any construction Contractor's policy of insurance.
7.1.4 Neither the professional activities of ECO, nor the presence of ECO or ECO's employees
and subconsultants at a construction site, shall relieve the Contractors and any other entity of
their obligation, duties, and responsibilities including, but not limited to, construction means,
methods, sequence, techniques or procedures necessary for performing, superintending or
coordinating all portions of the work of construction in accordance with the contract
documents and any health or safety precautions required by the regulatory agencies. ECO
and ECO's personnel have no authority to exercise any control over any construction
contractor or other entity or their employees in connection with their scope of work or any
health or safety precautions. FAYETTEVILLE agrees that the construction contractors are
solely responsible forjobsite safety, and warrants that this intent shall be made evident in
FAYETTEVILLE'S agreement with all contractors. FAYETTEVILLE also agrees that
FAYETTEVILLE, ECO and ECO's subconsultants shall be indemnified and shall be made
additional insureds under the construction contractor's general liability insurance policy.
7.1.5 ECO will not possess broad responsibilities in relation to construction activities, including
both contractual and de facto authority over the work of the trade contractors; and, will not be
directly and substantially engaged in activities that were integrally connected with safety
issues, notwithstanding contract language expressly disclaiming safety responsibility.
7.1.6 FAYETTEVILLE agrees that ECO will not be responsible for any damages caused by
surface excavations or subsurface penetrations for surface and underground improvements
performed by others.
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7.1.7 It is acknowledged by FAYETTEVILLE that ECO's scope of services does not include any
services related to asbestos or hazardous or toxic materials. In the event that ECO or any
other party encounters asbestos or hazardous or toxic materials at the jobsite, or should it
become known in any way that such materials may be present at thejobsite or any adjacent
areas that may effect the performance of ECO's services, ECO may at ECO's option and
without liability for consequential or any other damages, suspend performance of services on
the project until FAYETTEVILLE retains appropriate specialist consultant(s) or
contractor(s) to identify, abate and/or remove the asbestos or hazardous or toxic materials,
and warrant that the jobsite is in full compliance with applicable laws and regulations.
7.1.8 FAYETTEVILLE, and ECO waive all rights against each other and their officers, directors,
agents, or employees for property damage covered by property insurance during and after the
completion of ECO's services. All construction Contractors shall be required to provide
waivers of subrogation in favor of FAYETTEVILLE and ECO for damage or liability
covered by any construction Contractor's policy of insurance. In addition, a provision similar
to this shall be incorporated into all Construction Subcontracts entered into by construction
Contractors and subcontractors with waivers of subrogation in favor of FAYETTEVILLE
and ECO for damage or liability covered by any construction Contractor's or subcontractor's
policy of insurance.
7.2 Professional Responsibility
7.2.1 ECO will exercise reasonable skill, care and diligence in the performance of ECO's services
and will carry out its responsibilities in accordance with customarily accepted environmental
consulting services ordinarily exercised by members of the same profession currently
practicing under similar circumstances. FAYETTEVILLE will promptly report to ECO any
defects or suspected defects in ECO's services of which FAYETTEVILLE becomes aware,
so that ECO can take measures to minimize the consequences of such a defect.
FAYETTEVILLE and ECO further agree to impose a similar notification requirement on
all construction contractors in the Bid Documents and shall require all subcontracts at any
level to contain a like requirement. FAYETTEVILLE retains all remedies to recover for its
damages caused by any negligence of ECO.
7.2.2 In addition ECO will be responsible to FAYETTEVILLE for damages caused by its
negligent conduct during its activities at the Project Site to the extent covered by ECO's
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Commercial General Liability and Automobile Liability Insurance policies as specified in
Paragraph 7.1.1.
7.2.3 ECO has no control of any regulatory control authority's subjectiveness in regulatory
interpretations, the dynamics of environmental regulations, nor the retroactiveness thereof.
Additionally, ECO has no control over any Contractor's implementation of BMPs or
compliance status and is therefore not responsible for maintaining compliance with terms and
conditions of any environmental regulatory permit. Observations and recommendations
made by ECO in no way guarantees or warranties compliance with environmental regulatory
requirements.
7.2.4 ECO shall visit the project site at appropriate intervals during construction to become
generally familiar with the progress and quality of the Contractors' work to determine if the
work is proceeding in general conformance with the applicable sections of the Bid
Documents pertaining to environmental regulatory requirements. FAYETTEVILLE has not
retained ECO to make detailed inspections or to provide exhaustive or continuous project
review and observation services. ECO does not guarantee the performance of, and shall have
no responsibility for, the acts or omissions of any Contractor, subcontractor, supplier, or any
other entity furnishing materials or performing any work on the project
7.2.5 If ECO for any reason does not complete the scope of services contemplated by this
Agreement, ECO cannot be responsible for the accuracy, completeness, or workability of the
any Bid Documents or Construction Phase documents prepared by ECO, if used, changed, or
completed by another party. Accordingly, FAYETTEVILLE agrees to the fullest extent
permitted by law, to indemnify and hold ECO harmless from any claim, liability, or cost
(including reasonable attorney's fees and defense costs) for injury or loss arising or allegedly
arising from such use, completion or any unauthorized changes made by any party to any
document prepared by ECO.
7.3 Changes
FAYETTEVILLE shall have the right to make changes within the general scope of ECO's services,
with an appropriate change in compensation and schedule only after Fayetteville City Council approval of
such proposed changes and, upon execution of a mutually acceptable amendment or change order signed
by the Mayor of FAYETTEVILLE and the President of ECO.
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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, retum
receipt requested) of intent to terminate,
7.4.1.2 An opportunity for consultation with the terminating party prior to termination.
7.4.2 This Agreement may be terminated in whole or in part in writing by FAYETTEVILLE for
its convenience, provided that ECO is given:
7.4.2.1 Not less than ten (10) calendar days written notice (delivered by certified mail, retum
receipt requested) of intent to terminate,
7.4.2.2 An opportunity for consultation with the terminating party prior to termination.
7.4.3 If termination for default is effected by FAYETTEVILLE, an equitable adjustment in the
price provided for in this Agreement shall be made, but
7.4.3.1 No amount shall be allowed for anticipated profit on unperformed services or other work,
7.4.3.2 Any payment due to ECO at the time of termination may be adjusted to cover any
additional costs to FAYETTEVILLE because of ECO's default.
7.4.4 If termination for default is effected by ECO, or if termination for convenience is effected by
FAYETTEVILLE, the equitable adjustment shall include a reasonable profit for services or
other work performed. The equitable adjustment for any termination shall provide for
payment to ECO for services rendered and expenses incurred prior to the termination, in
addition to termination settlement costs reasonably incurred by ECO relating to commitments
which had become firm prior to the termination.
7.4.5 Upon receipt of a termination action under Paragraphs 7.4.1 or 7.4.2 above, ECO shall:
7.4.5.1 Promptly discontinue all affected work (unless the Notice directs otherwise),
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7.4.5.2 Deliver or otherwise make available to FAYETTEVILLE all data, drawings,
specifications, reports, estimates, summaries and such other information and materials as
may have been accumulated by ECO in performing this Agreement, whether completed
or in process.
7.4.6 Upon termination under Paragraphs 7.4.1 or 7.4.2 above FAYETTEVILLE may take over
the work and may award another party an agreement to complete the work under this
Agreement.
7.4.7 If, after termination for failure of ECO to fulfill contractual obligations, it is determined that
ECO had not failed to fulfill contractual obligations, the termination shall be deemed to have
been for the convenience of FAYETTEVILLE. In such event, adjustments of the agreement
price shall be made as provided in Paragraph 7.4.4 of this clause.
7.5 Delays
In the event the services of ECO are suspended or delayed by FAYETTEVILLE or by other events
beyond ECO's reasonable control, ECO shall be entitled to additional compensation and time for
reasonable costs incurred by ECO in temporarily closing down or delaying the Project.
7.6 Rights and Benefits
ECO's services will be performed solely for the benefit of FAYETTEVILLE and not for the benefit of
any other persons or entities.
7.7 Dispute Resolution
7.7.1 Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes
between FAYETTEVILLE and ECO which arise from, or in any way are related to, this
Agreement, including, but not limited to the interpretation of this Agreement, the
enforcement of its terms, any acts, errors, or omissions of FAYETTEVILLE or ECO in the
performance of this Agreement, and disputes concerning payment.
7.7.2 Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate.
If timely Notice is given under Paragraph 7.7.3, but an action is initiated prior to exhaustion
of these procedures, such action shall be stayed, upon application by either party to a court of
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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,
FAYETTEVILLE shall give ECO written Notice at the address listed in Paragraph 7.12
within thirty (30) days after occurrence of any incident, accident, or first observance of
defect or damage. In both instances, the Notice shall specify the nature and amount of
relief sought. the reason relief should be granted, and the appropriate portions of this
Agreement that authorize the relief requested.
7.7.4 Negotiation: Within seven days of receipt of the Notice, FAYETTEVILLE and ECO shall
confer in an effort to resolve the dispute. If the dispute cannot be resolved at that level, then,
upon written request of either side, the matter shall be referred to the President of ECO and
the Mayor of FAYETTEVILLE or his designee. These officers shall meet at the Project
Site or such other location as is agreed upon within 30 days of the written request to resolve
the dispute.
7.8 FAYETTEVILLE represents that it has sufficient funds or the means of obtaining funds to
remit payment to ECO for services rendered by ECO.
7.9 Publications
Recognizing the importance of professional development on the part of ECO's employees and the
importance of ECO's public relations, ECO may prepare publications, such as technical papers, articles
for periodicals, and press releases, pertaining to ECO's services for the Project. Such publications will be
provided to FAYETTEVILLE in draft form for FAYETTEVILLE's advance review.
FAYETTEVILLE shall review such drafts promptly and provide FAYETTEVILLE's comments to
ECO. FAYETTEVILLE may require deletion of proprietary data or confidential information from such
publications, but otherwise FAYETTEVILLE will not unreasonably withhold approval. The cost of
ECO's activities pertaining to any such publication shall be for ECO's account.
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7.10 Indemnification
7.10.1 FAYETTEVILLE agrees that it will require all construction Contractors to indemnify,
defend, and hold harmless FAYETTEVILLE and ECO from and against any and all loss
where loss is caused or incurred or alleged to be caused or incurred in whole or in part as a
result of the negligence or other actionable fault of the Contractors, or their employees,
agents, Subcontractors, and Suppliers.
7.1 1 Ownership of Documents
All documents provided by FAYETTEVILLE including original drawings, disks ofCADD drawings
and cross sections, estimates, specification field notes, and data are and remain the property of
FAYETTEVILLE. ECO may retain reproduced copies of drawings and copies of other documents.
Documents, drawings, and specifications prepared by ECO as part of the Services shall become the
property of FAYETTEVILLE when ECO has been compensated for all Services rendered, provided,
however, that ECO shall have the unrestricted right to their use. ECO shall, however, retain its rights in
its standard drawings details, specifications, databases, computer software, and other proprietary property.
Rights to intellectual property developed, utilized, or modified in the performance of the Services shall
remain the property of ECO.
Any files delivered in electronic medium may not work on systems and software different than those with
which they were originally produced. ECO makes no warranty as to the compatibility of these files with
any other system or software. Because of the potential degradation of electronic medium over time, in the
event of a conflict between the sealed original drawings/hard copies and the electronic files, the sealed
drawings/hard copies will govern.
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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:
FAYETTEVILLE's address:
113 West Mountain
Fayetteville, Arkansas 72701
ECO's address
1313 Highway 229-5A
Benton, Arkansas 72015
7.13 Successor and Assigns
FAYETTEVILLE and ECO each binds himself and his successors, executors, administrators, and
assigns to the other party of this Agreement and to the successors, executors, administrators, and assigns
of such other party, in respect to all covenants of this Agreement; except as above, neither
FAYETTEVILLE nor ECO shall assign, sublet, or transfer his interest in the Agreement without the
written consent of the other.
7.14 Controlling Law
This Agreement shall be subject to, interpreted and enforced according to the laws of the State of
Arkansas without regard to any conflicts of law provisions.
7.15 Entire Agreement
This Agreement represents the entire Agreement between ECO and FAYETTEVILLE relative to the
Scope of Services herein. Since terms contained in purchase orders do not generally apply to professional
services, in the event FAYETTEVILLE issues to ECO a purchase order, no preprinted terms thereon
shall become a part of this Agreement. Said purchase order document, whether or not signed by ECO,
shall be considered as a document for FAYETTEVILLE's intemal management of its operations.
SECTION 8 - SPECIAL CONDITIONS
8.1 Additional Responsibilities of ECO:
8.1.1 FAYETTEVILLE's review, approval, or acceptance of design drawings, specifications,
reports and other services furnished hereunder shall not in any way relieve ECO of
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responsibility for the technical adequacy of the work. FAYETTEVILLE's review, approval
or acceptance of, or payment for, any of the services shall not be construed as a waiver of any
rights under this Agreement or of any cause of action arising out of the performance of this
Agreement.
8.1.2 ECO shall be and shall remain liable, in accordance with applicable law, for all damages to
FAYETTEVILLE caused by ECO's negligent performance of any of the services furnished
under this Agreement except for errors, omissions or other deficiencies to the extent
attributable to FAYETTEVILLE or FAYETTEVILLE-furnished data.
8.1.3 ECO's obligations under this clause are in addition to ECO's other express or implied
assurances under this Agreement or State law and in no way diminish any other rights that
FAYETTEVILLE may have against ECO for faulty materials, equipment, or work.
8.2 Remedies
Except as may be otherwise provided in this Agreement, all claims, counter -claims, disputes and other
matters in question between FAYETTEVILLE and ECO arising out of or relating to this Agreement or
the breach thereof will be decided in a court of competent jurisdiction within Arkansas.
8.3 Audit: Access to Records
8.3.1 ECO shall maintain books, records, documents and other evidence directly pertinent to
performance on work under this Agreement in accordance with generally accepted
accounting principles and practices consistently applied in effect on the date of execution of
this Agreement. ECO shall also maintain the financial information and data used by ECO in
the preparation of support of the cost submission required for any negotiated agreement or
change order and send to FAYETTEVILLE a copy of the cost summary submitted. The
United States Environmental Protection Agency, the Comptroller General of the United
States, the United States Department of Labor, FAYETTEVILLE, the State or any of their
authorized representatives shall have access to all such books, records, documents and other
evidence for the purpose of inspection, audit and copying during normal business hours.
ECO will provide proper facilities for such access and inspection.
8.3.2 Records under Paragraph 8.3.1 above, shall be maintained and made available during
performance on assisted work under this Agreement and until three years from the date of
final payment for the project. In addition, those records which relate to any controversy
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arising out of such performance, or to costs or items to which an audit exception has been
taken, shall be maintained and made available until three years after the date of resolution of
such appeal, litigation, claim or exception.
8.3.3 This right of access clause (with respect to financial records) applies to:
8.3.3.1 Negotiated prime agreements:
8.3.3.2 Negotiated change orders or agreement amendments in excess of $10,000 affecting the
price of any formally advertised, competitively awarded, fixed price agreement:
8.3.3.3 Agreements or purchase orders under any agreement other than a formally advertised,
competitively awarded, fixed price agreement. However, this right of access does not
apply to a prime agreement, lower tier subagreement or purchase order awarded after
effective price competition, except:
8.3.3.3.1 With respect to record pertaining directly to subagreement performance, excluding
any financial records of ECO;
8.3.3.3.2 If there is any indication that fraud, gross abuse or corrupt practices may be involved;
8.3.3.3.3 If the subagreement is terminated for default or for convenience.
8.4 Covenant Against Contingent Fees
ECO warrants that no person or selling agency has been employed or retained to solicit or secure this
Agreement upon an agreement of understanding for a commission, percentage, brokerage or continent
fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by
ECO for the purpose of securing business. For breach or violation of this warranty, FAYETTEVILLE
shall have the right to annul this Agreement without liability or at its discretion, to deduct from the
contract price or consideration, or otherwise recover, the full amount of such commission, percentage,
brokerage, or contingent fee.
8.5 Gratuities
8.5.1 If FAYETTEVILLE finds after a notice and hearing that ECO or any of ECO's agents or
representatives, offered or gave gratuities (in the form of entertainment, gifts or otherwise) to
any official, employee or agent of FAYETTEVILLE, the State or EPA in an attempt to
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secure an agreement or favorable treatment in awarding, amending or making any
determinations related to the performance of this Agreement, FAYETTEVILLE may, by
written notice to ECO terminate this Agreement. FAYETTEVILLE may also pursue other
rights and remedies that the law or this Agreement provides. However, the existence of the
facts on which FAYETTEVILLE bases such finding shall be in issue and may be reviewed
in proceedings under the Remedies clause of this Agreement.
8.5.2 In the event this Agreement is terminated as provided in Paragraph 8.5.1, FAYETTEVILLE
may pursue the same remedies against ECO as it could pursue in the event of a breach of the
Agreement by ECO. As a penalty, in addition to any other damages to which it may be
entitled by law, FAYETTEVILLE may pursue exemplary damages in an amount (as
determined by FAYETTEVILLE) which shall be not less than three nor more than ten times
the costs ECO incurs in providing any such gratuities to any such officer or employee.
8.6 Arkansas Freedom of Information Act
City contracts and documents, including internal documents and documents of subcontractors and sub -
consultants, prepared while performing City contractual work are subject to the Arkansas Freedom of
Information Act (FOIA). If a Freedom of Information Act request is presented to the FAYETTEVILLE,
ECO will provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom
of Information Act (A.C.A. §25-19-101 et seq.). Only legally authorized photocopying costs pursuant to
the FOIA may be assessed for this compliance.
8.7 Debarment And Suspension
I certify that to the best of my knowledge and belief that the company that I represent and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency;
(b) [lave 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;
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CA
FAYLIIEVILLE;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity
(Federal, State, or local) with commission of any of the offenses enumerated in paragraph (b) of
this certification; and
(d) Have not within a three-year period preceding this application/proposal had one or more public
transactions (Federal, State, or local) terminated for cause or default.
I understand that a false statement on this certification regarding debarment and suspension may be
grounds for rejection of this proposal or termination of the award. In addition, under 18 USC Sec. 1001, a
false statement may result in a fine of up to $10,000 or imprisonment for up to 5 years, or both. I further
certify that I will obtain a similar certification for each subcontract awarded in excess of $25,000.
DEBARMENT CERTIFICATION
AUTHORIZED REPRESENTATIVE
COMPANY NAME:
SIGNATUR
DATE:
PRINTED NAME: Bruce Shackleford TITLE: President
IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and
ECO, by its authorized officer have made and executed this Agreement as of the day and year first above
written.
CITY OF F,
ATf EST:
By:
ENVIRONMENTAL CONSU ING OPERATIONS, INC.
By:
Title: Bruce Shackleford, President
II2105ECOContractAmendNo2.pdf A-21 112105
Changes, modifications or amendments in scope, price or fees to this Contract shall not
be allowed without formal contract amendment approved by the Mayor and the City
Council in advance of the change in scope, cost, fees, or delivery schedule.
END OF AGREEMENT FOR ENVIRONMENTAL CONSULTING SERVICES
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I
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CITY OF FAYETTEVILLE
AGREEMENT FOR ENVIRONMENTAL CONSULTING SERVICES
APPENDIX A - SCOPE OF SERVICES FOR CONSTRUCTION PHASE
I. GENERAL
This is Appendix A, consisting of 9 pages, referred to in and part of the Agreement For
Professional Environmental Consulting Services between CITY OF FAYETTEVILLE,
ARKANSAS (FAYETTEVILLE) and ENVIRONMENTAL CONSULTING OPERATIONS,
INC. (ECO)
dated
Initial:
CITY OF FAYETTEVILLE L
ECO
The following contains detailed Scope of Services tasks for the Construction Phase:
Generally, the project will include the construction of FAYETTEVILLE's Westside sewer
collection system improvements; Eastside sewer collection system improvements; Paul Noland
Treatment Plant rehabilitation; and Westside Wastewater Treatment Facility, wetland mitigation
site, and Broyles Road improvements. ECO's Scope of Services will be to observe implementation
of the Environmental Regulatory Program during the Construction Phase.
PART A - PROJECT ADMINISTRATION AND MANAGEMENT, AND TRAINING
1. Basic Scope of Services
a) Project Administration
i) Perform project initiation activities
ii) Perform general administration and project management activities.
iii) Perform ECO's internal project control including budgeting, scheduling, and
quality control activities.
• Provide environmental regulatory updates to FAYETTEVILLE for project
website
• Provide project environmental regulatory information to FAYETTEVILLE and
Design Professionals
• Review Contractor submittals associated with environmental compliance
• Review Contractor Change Orders and Contract changes associated with wetland
mitigation.
ii) Meet with Arkansas Department of Environmental Quality (ADEQ) and US Army
Corps of Engineers (Corps) if violations are identified.
iv) Meet with individual Design Professionals for information exchange, goal setting,
setting timelines, and reviewing plans/drawings.
ECOAppA 112105.pdr
h) Training
The ADEQ general storm water permit requires inspections to be performed by qualified
personnel, and defines "qualified personnel" as a person knowledgeable in the principles
and practice of erosion and sediment controls and who possesses the skills to assess
conditions at the site that could impact storm water quality and the effectiveness of the Best
Management Practices (BMPs) selected to control the quality of storm water discharges.
i) ECO will provide storm water pollution prevention training to Contractor and
Design Professional's resident site representatives to assist them in gaining
knowledge about contract -specific BMP implementation, proper recordkeeping
requirements, and contract environmental specifications developed by ECO and to
enhance implementation of a standardized Project Environmental Program.
PART B- REGULATORY COMPLIANCE DURING CONSTRUCTION PHASE
a) Site Observations
ECO will conduct monthly site compliance observations. During the evaluations, ECO
will identify activities that exhibit potential violations of environmental permits. These
services shall include evaluations of erosion control structure implementation and
maintenance, maintenance of required recordkeeping, and proper materials storage and
disposal. ECO's site visitation services will include evaluations for compliance with the
ADEQ general storm water permit for construction activity (ARR 150541), Section 404
individual permit for west side construction activities, Nationwide Section 404 permit for
cast side construction activities, and compliance with Part 112 of Title 40 of the Code of
Federal Regulations for oil storage requirements on construction sites. After each site visit,
ECO will develop a brief report of findings to discuss the areas where corrective actions
are needed. Whenever practicable, the monthly site compliance observations will be
performed concurrently with Wetland Mitigation Site Observations, marking wetlands in
the field, and Construction Site Coordination Meetings.
b) Construction Site Coordination Meetings
i) Due to the importance of communicating regulatory requirements early in the
project, ECO will meet with the Design Professionals and selected Contractors
after ECO completes monthly site compliance observations to provide clarification
of contract -specific environmental regulatory requirements, discuss Section 02270
environmental specifications in Bid Documents and required contractor
environmental submittals, and answer questions Contractors may have. This will
serve to prevent misunderstandings and avoid noncompliance with environmental
permit requirements. This will include preparation of handout materials and
recordkeeping documents required by environmental permits, and review of
Contractor environmental submittals.
c) Field Marking Of Wetland Areas Designated For Temporary Disturbance And
Restoration.
ECO will assist applicable Design Professionals and Contractors in identifying
locations of wetland areas designated for temporary disturbance and restoration.
ECOA ppA 112105.pdf
ii) ECO will mark wetland areas in the field to facilitate easy observation in the field
by Contractors and Design Professionals. Applicable wetland areas include:
Contract WL-I: Old Wire to Gregg
Contract WL-2: North to Poplar to Van Asehe
Contract WL-3: Porter to Hamestring
Contract WL-4: Gregg to Hamestring
Contract WL-5: Famestring to WWTP
Contract EL -1&2: Line 7
Contract EL -3: Line 4
d) Storm Water Pollution Prevention Plan for Construction Activity Revisions
Currently, ADEQ is revising language to the storm water construction general permit
(ARR150000) that will affect the FAYETTEVILLE's Wastewater Improvements Project.
ECO participates on the Storm Water Permit Task Force that is currently working with
ADEQ to review the forthcoming permit revisions. The revised permit is anticipated to
become effective in early 2006.
i) Upon the issuance of the "modified" general storm water permit, ECO will revise the
Master Comprehensive Best Management Practices Plan, and the Addendum
Comprehensive Best Management Plans for all project construction contracts, as required
by the permit.
e) Storm Water Construction Permit Notice Of Termination
When all storm water discharges associated with construction activities that are authorized by
the general permit have ceased, and final stabilization of disturbed areas has been achieved, a
notification letter may be submitted by the FAYETTEVILLE to ADEQ on a contract -
specific basis. FAYETTEVILLE will be required to certify that disturbed soils have been
finally stabilized, that temporary erosion and sediment control measures have been removed,
and that all storm water discharges associated with construction activities from the identified
contract authorized by the general permit have been eliminated.
i) Prior to the certification and submittal of the notification letter, [CO will field verify that
these tasks have been achieved, upon request. Should final stabilization not be achieved,
when ECO is requested to perform the field verification, ECO will develop a brief report
of findings to discuss corrective actions needed. If final stabilization has successfully been
achieved, ECO will develop a letter of termination of authorization under the general storm
water permit for construction activity for each construction contract. Upon achieving final
stabilization for all construction contracts, [CO will prepare an official Notice of
Termination (NOT) for submittal to ADEQ to completely terminate permit ARR 150541.
f) 404 Permit Termination
Standard language contained in Nationwide 404 permit No. 12 for the Eastside collection
system includes "Any exposed slopes and stream banks must be stabilized immediately upon
completion of the utility line crossing of each waterhody. " and -In wetlands, the top 6" to
12" of the trench should normally be backftlled with topsoil from the trench ".
Consequently, when the eastside collection system contracts are completed,
FAYETTEVILLE must certify that they have complied with the terms and conditions of
the permit. Similarly, the individual Section 404 Permit No. 14207 states, "After
installation ofsewerline crossings, you shall restore stream channels and wetland surfaces
to original contours. In wetlands, ruts or similar features from equipment must be repaired
to create a level surface to improve revegetation of the wetland area ".
E C OA p p,1 11210,5. p d r
I
To document that stream and wetland crossings have been restored, as near as possible, to
"pre -construction conditions", post -construction evaluations of wetlands and stream
crossings shall be conducted to verify that required restoration was completed, as prescribed.
i) ECO will conduct post -construction observations at 20 wetland and 52 stream crossings at
the east side and west side construction sites to observe wetland restoration and
streambank stabilization. This can be done concurrently with site visits that are associated
with evaluating storm water permit final stabilization requirements, where applicable.
PART C — WETLAND MITIGATION SITE
I) Purpose
Successful wetland mitigation is a multi -disciplined endeavor, requiring the expertise of both
engineers and environmental professionals. During the construction period at the Wetland
Mitigation Site, ECO will provide construction phase services to observe the establishment of
wetland hydrology, seedbed preparation and planting/seeding activities for wetland plant species.
As described within the Section 02921 specifications developed by ECO, Contractor shall select
plant species from a candidate species list, and Contractor shall be allowed to select from various
options of seedbed preparation. ECO will review plant species and seedbed preparation options
selected by Contractor, will discuss proper implementation of planting activities with Contractor
and Resident Engineer, provide periodic oversight of implementation of Section 02921 Wetland
Mitigation Site Development Specifications, and provide guidance to Contractor and Resident
Engineer in achieving mitigation goals for compliance with FAYETTEVILLE'S Section 404
permit No. 14207 requirements.
2) Basic Scope of Services
Services to be provided by ECO in relation to the Wetland Mitigation Site during the Construction
Phase, shall be limited to:
a) Site Visits/Observations
i) Subsequent to commencement of construction, ECO will make site visits during the
following stages of completion:
• Berm construction r+ 30%, 60%, 90% completion
• Herbicide application(s) and prescribed bum activities
• Upland/wet meadow planting zone seedbed preparation @ 30%, 60%, 90% completion
• Marsh planting zone site preparation and layout @ 30%, 60%, 90% completion
• Forested wetland bedding preparation and layout @ 30%, 60%, 90% completion
• Site seeding and tree planting activities @ 30%, 60%, 90% completion
• Wetland Mitigation Site 100% completion
ii) During these site visits, ECO will evaluate plant/seed storage and handling practices
utilized by Contractor. A report of findings, observations, and recommendations will be
developed and submitted to the Design Professional Resident Engineer and
FAYETTEVILLE.
b) Success Criteria & Performance Standards
As required by the Little Rock District Corps Wetland Mitigation Policy, success criteria
and performance standards shall be included within the Wetland Mitigation Plan.
ECOA ppA 112105.pdf
Performance standards are measurable attributes of restored or created wetlands that, when
measured over an appropriate period, can be used to judge whether project goals have been
achieved. Performance standards are also referred to as "success criteria, "success
standards" and other names.
i) ECO will provide services for development and implementation of methodology for
evaluating success in achieving performance standards. Mitigation performance standards
have been developed by ECO to be staged over time so that different success criteria can
be met as the project evolves and matures. Some of the success criteria involve specific
scores on various wetland assessment scales, as compared to the baseline wetland
information generated during the preconstruction assessment. Other criteria are
qualitative and do not ensure success in quantifiable terms. The following practicably
measurable quantitative and/or qualitative characteristics (as contained within the Final
Wetland Compensatory Mitigation Plan developed by ECO) will be among the
performance standards measured to ascertain the degree of compensatory mitigation
success
Hydrology Performance Standards
• Hydrology Standard 1: The mitigation site hydroperiod is restored
• Hydrology Standard 2: Area and depth of wetland hydrological zones
• Hydrology Standard 3: Corps wetland hydrology criteria
• Hydrology Standard 4: Provides sediment retention
Soils Performance Standards
• Soil Standard 1: Soils parameters will be used to provide supportive evidence of
success but will not carry minimum requirements
• Soil Standard 2: Soil chemical and physical parameters
Vegetation Performance Standards
• Vegetation Standard 1: Vegetation survival and density
• Vegetation Standard 2: Vegetation species diversity and composition
• Vegetation Standard 3: Meet current federal delineation manual for hydrophytic
vegetation
General Standard
• Assessment of Wetland Function and Value using Charleston Method adopted by
the Little Rock District Corps of Engineers
ii) Specific performance standards will be applied to Contractor's work during the
construction phase to evaluate acquisition of appropriate equipment and materials and
success of hydrological modifications, seedbed preparation, and establishment of targeted
vegetation, as described within 02921 specifications in Bid Documents. ECO's
performance standard methodology will serve a three -fold purpose: I) The methodology
will be utilized during construction to evaluate Contractor's conformance with 02921
specifications; 2) The methodology will be utilized to develop the Wetland Monitoring
Plan, as required by the project Section 404 permit; and 3) The methodology will be
utilized to develop the first year monitoring report for submittal to the Corps of
Engineers.
ECOAppA 112105.pdr
I...
c) Wetland Mitigation Monitoring Plan
The Section 404 permit issued to FAYETTEVILLE requires annual monitoring and
reporting. A total of five annual reports on the status of the mitigation level of success shall
be submitted to the Corps of Engineers. The first report is due on December 31st after the
first full growing season following completion of the mitigation work, and subsequent
reports shall be submitted on or before December 31st of each year thereafter. These reports
shall include inventories of all plant species, along with their estimated relative frequency
and percent cover, and photographs showing all representative areas of the mitigation site.
Additionally, the reports are to include the results of applying the performance standards.
i) For the purpose of developing a standardized approach to monitoring, ECO will develop a
Wetland Mitigation Monitoring Plan to include procedures for measuring achievement of
performance standards described above. The Plan can subsequently be the primary tool
used to conduct the annual monitoring reports utilizing the following criteria:
• Soil evaluations for characteristics of redoxymorphic conditions
• Soil chemical and physical parameters
• Hydrological instrument and surface water observations of degree of
inundation/saturation
• Plant community status with regard to community dominants; survival rate of
planted species; and ratio of planted species versus volunteer species
• Assessment of wetland function (Charleston Method) for the mitigation site
• Comparison of mitigation site functional characteristics to reference wetland
• Capability of the mitigation wetland to store or detain precipitation introduced into
the system
• Capacity of the wetland to store water below the wetland surface
• Growth or biomass accumulation and decomposition that indicates elements are
converted between organic and inorganic forms
• Microtopographic relief sediment scour and deposition
• Redistribution of detritus
• Localized sediment deposition
• Structural roughness
• Presence of debris jams and wrack; debris blockages in active channels and in side
channels; accumulations in microtopographic depressions; accumulations in
vegetation
• Vegetative community (density, basal area, vertical stratification, cover and species
composition) typical of reference site with evidence of nutrient uptake and release
(plant growth, litter production, decomposition rate, etc.)
• Surface films or layers of recently deposited sediments
• Maintenance of wetland and upland hydrological zones
• Nutrient transformations and processing
• Maintain characteristic detrital biomass
• Habitat maintenance of spatial structure to support animal populations and guilds by
providing heterogenous habitats
• Nutrient cycling processes that convert elements from one form to another; primarily
recycling processes
• Meeting federal criteria for wetland soils, hydrology and vegetation
• Photographic documentation from permanent photo stations
• Corrective actions
F.COAppA I R 105.pdr 6
d) Wetland Mitigation Operations and Maintenance Manual
The goal of the wetland vegetation management is to have the presence of desirable species
for a significant portion of the growing season in most years that are usually dominated by
perennial plants. The primary avenue to achieve this is proper control of hydrology. The
wetland mitigation cells will be constructed with weir structures for control of water levels.
The wetlands need periods of drawdown for life cycle completion of wetland plant species.
Therefore, the wetland cells have been designed to store water when needed, and to release
water as necessary, in order to maintain the required level of soil inundation and/or
saturation. The wetland mitigation contract design calls for installation of hydrological
parameter investigation instruments in order to monitor the surface soil hydrological regime
within each wetland cell for the purpose of tracking groundwater and soil moisture levels.
i) ECO will develop a Wetland Mitigation Operations and Maintenance Manual to include
procedures for the following:
• Generation of a database of hydrological parameter investigation instruments to
evaluate cause and effect relationships between operations of flow control structures
and plant community diversity, site hydrology, and soil characterization.
• Generation of a database of surface water inundation and rainfall
• Seasonal operation of discharge events at weir structures
• Seasonal water storage within wetland cells
• Seasonal vegetation management to control plant community succession
PART D — FIRST -YEAR WETLAND MITIGATION MONITORING REPORT
a) The Section 404 permit issued to FAYETTEVILLE requires annual monitoring and
reporting. A total of five annual reports on the status of the mitigation level of success shall
be submitted to the Corps of Engineers. The first report is due on December 31st after the
first growing season following completion of the mitigation work, and subsequent reports
shall be submitted on or before December 31st of each year thereafter. ECO will utilize
wetland mitigation performance standards to complete the first -year wetland mitigation
monitoring report for submittal to the Corps of Engineers.
II - SERVICES AND ITEMS NOT INCLUDED
a) [CO is not responsible for the following services:
• Aerial photographs/design drawings
• Completing calculations/models for constructed hydrologic budget for constructed
wetland
• Flood plain maps for areas within flood plains where construction activities will occur
• Wetland monitoring subsequent to first -year report.
• Monthly Progress Meetings
b) Contingent Additional Services
i) If Contingent Additional Services are required due to circumstances beyond ECO's
control, ECO shall notify FAYETTEVILLE and request approval to conduct specific
Contingent Additional Services. 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
ECOApp,t 112105.pdr 7
will provide a cost estimate to FAYETTEVILLE and detail the scope of services, prior
to commencing such services. If FAYETTEVILLE deems that such services are not
required, FAYETTEVILLE shall give prompt notice to ECO, and ECO shall have no
obligation to provide those services.
ii) The scope of services contained herein is based upon the current environmental
regulatory requirements at the time of the development of the scope of services, and upon
communications with regulatory personnel. [CO 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.
i) Should the locations or alignments of structures, such as effluent line, outfall, pump
stations and sewer line alignments, to be changed which necessitate further aquatic
resource assessments, such as stream crossing surveys and/or wetland delineations, and
significant modifications to documents developed by ECO it may become necessary to
amend the scope of services provided by ECO.
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 to be a "not to exceed"
lump sum amount of Five Hundred Seventy -Nine Thousand Three Hundred and Forty -Nine U.S.
Dollars (US $579,349). The total payment is based on expending no more than 4,452 person -hours.
Subject to the City Council approval, adjustment of the estimated sum amount may be made should
ECO establish and FAYETTEVILLE agree that there has been or is to be a significant change in
scope, complexity or character of the services to be performed; or if FAYETTEVILLE decides to
shorten the duration of work from the time period specified in the Agreement for completion of work
and such modification warrants such adjustment. Changes, modifications or amendments in scope,
price or fees to this Contract shall not be allowed without formal contract amendment approved by the
Mayor and the City Council in advance of the change in scope, cost, fees, or delivery schedule.
If Additional Services beyond the estimated sum amount are required due to circumstances beyond
ECO's control, ECO shall notify FAYETTEVILLE and request approval to conduct specific
Contingent Additional Services. 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 FAYETTEVILLE and
detail the scope of services, prior to commencing such services. If the FAYETTEVILLE deems that
such services are not required 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, 2005, and will be revised annually.
ECOAppAl 12105.pdr
,I r
Labor
Hourly Billing Rate
Project Director (Principal)
$ 102.75
Assoc. Sr. Environmental Scientist
$ 95.00
Sr. Environmental Scientist
$93.00
Environmental Scientist
$ 68.25
Field Ecologist
$66.75
CITY OF FAYETTEVILLE
AGREEMENT FOR ENVIRONMENTAL CONSULTING SERVICES
APPENDIX A - FEES FOR CONSTRUCTION PHASE
Part A
- Project Administration And Management, and Training
Total
Labor -328 hours
$32,369
Total
Expenses
$13,901
Total
Fees
$46,270
Part 8 —Storm Water A 404 Permit Regulatory Compliance During Construction
Phase/Coordination,
Total
Labor — 2,254 hours
5243,749
Total
Expenses
$56,154
Total
Fees
5299,903
Part C - Wetland Mitigation Site Visitations, Performance Standards, Monitoring
Plan, 0.1 M Manual
Total
Labor — 1,650 hours
186,450
Total
Expenses
519,078
Total
Fees
$205,528
Part D—`F1rst-Year Welland Mitigation Monitorin
Total
Labor — 220 hours
524,860
Total
Expenses
52,788
Total
Fees
S27,648
Construction Phase A endix A
Total
Total
Labor — 4,452 hours *
$487,428
Total
Expenses **
$91,921
Total
Fees ***
$579,349
' Labor is projected to be rated based upon the contract spanning from 2005 through early 2009.
Monthly Site Compliance Evaluations are pro -rated over projected hourly fees for 2006, 2007, 2008, and
2009.
"Expenses include meals, mileage. lodging, & copying costs
•'• Total cost estimate is generally based upon ECO, Inc. making monthly trips to Fayetteville to spend
three to six days each month, plus labor for document preparation. When practicable, services provided for
each trip will be a combination of I) Attending monthly Construction Site Coordination Meetings, 2)
Providing training for Design Professionals and Contractors, 3) Conducting site compliance evaluations for
all contracts with current construction activities. 5) Marking wetlands for observations by Design
Professionals and Contractors, and 6) Providing construction services associated with mitigation activities.
This approach will save an estimated Sixty -Seven Thousand Five Hundred US Dollars (US$67,500), as
compared to making individual trips to conduct the six aforementioned tasks separately.
Upon
request by
FAYETTEVILLE or
Design Professionals, ECO will essentially be "on call" and will
make
additional
unscheduled site visits
to address regulatory compliance issues.
END OF APPENDIX A
ECOAppA I I2105.pdr
• City of Fayetteville
Staff Review Form b_so
City Council Agenda Items i7/lpnip1¢ nfa
or 7//75
//1 5
Contracts OP//4-/tom
20 -Dec -05
City Council Meeting Date
David Jurgens
Submitted By
Water/Wastewater
Division
Action Required:
Water/Wastewater
Department
pproval of an amendment to the Engineering contract with Environmental Consulting Operations, Inc., in the
amount of $579,343.00, for construction and post -construction phase services for the entire WSIP relating to
regulatory and environmental issues including Corps of Engineers, wetlands, and storm water permits, and approve
a contingency of $20,000.00. Funds are available in fiscal year 2005 WSIP budget.
$599,343.00
Cost of this request
4480-9480-5315.00
Account Number
02133.0001
Project Number
$ 113,011,587.00
Category/Project Budget
$ 85,742,915.94
Funds Used to Date
$ 27,268,671.06
Remaining Balance
Wastewater System Imp Project
Program Category / Project Name
Water and Wastewater
Program / Project Category Name
Water/Sewer
Fund Name
Budgeted Item 0 Budget Adjustment Attached Q
Previous Ordinance or Resolution # 4515
3� 0
DepaJete or Date Original Contract Date: 9/16/2003
/ / Original Contract Number:
Received in City Clerk's Office
r..7 /2 -/—q( 'V `
Finan and temal Service Director Date
Received in Mayors Office BfTERFD
21r/
Mayor
• City Council Ming of December 20, 2005
CITY COUNCIL AGENDA MEMO
To: Fayetteville City Council
Thru: Mayor Dan Coody
From: Fayetteville Sewer Committee
David Jurgens, Water & Wastewater Director
Date: November 30, 2005
Subject: Approval of an amendment to the Engineering contract with Environmental Consulting
Operations, Inc., in the amount of $579,343.00, for Construction and Post -Construction Phase
Services for the entire WSIP relating to regulatory and environmental issues including Corps of
Engineers, wetlands, and storm water permits, and approve a contingency of $20,000.00. Funds are
available in Fiscal Year 2005 WSIP budget.
RECOMMENDATION
Fayetteville City Administration recommends approval of an amendment to the Engineering
contract with ECO, Inc., in the amount of $579,343.00, for Construction and Post -Construction
Phase Services for the entire WSIP relating to regulatory and environmental issues including Corps
of Engineers, wetlands, and storm water permits, and approval a contingency of $20,000.00.
ECO, Inc. has developed the wetlands and storm water protection best management plans for all
aspects of the WSIP, and is the best qualified firm to ensure full compliance with the related
regulations and permits. A previous version of this amendment was pulled from the July 19, 2005,
agenda, in the amount of $598,329.00. The contract was renegotiated, and the scope of work
updated to match the number and scope of projects. Scope details were worked out with City staff,
ECO, McGoodwin, Williams, and Yates, and the RJN Group to ensure complete environmental
oversight without duplicated effort.
The West Side Wastewater Treatment Plant and the pipe lines going thereto pass through a number
of wetlands areas and involve numerous stream crossings. The best method to protect both the
environment and the City is to have the consistent high quality environmental overwatch that ECO
will provide. They will meet at the preconstruction conference with all contractors, and will
perform monthly compliance inspections for all contracts. ECO developed the environmental
portion of each set of construction specifications. As these have been approved by all state and
federal agencies, ECO can provide this service more cost effectively and with better consistency
than any other consultant or group of consultants.
BUDGET IMPACT
Funds are approved in the Fiscal Year 2005 budget. This contract is being funded by sales tax bond
proceeds.
ECO Consu'hsse CCManoDecO5.doc
RESOLUTION NO.
A RESOLUTION APPROVING AN AMENDMENT TO THE
ENGINEERING CONTRACT WITH ENVIRONMENTAL
CONSULTING OPERATIONS, INC. IN THE AMOUNT OF
$579,343.00 FOR CONSTRUCTION AND POST -CONSTRUCTION
PHASE SERVICES FOR THE ENTIRE WASTEWATER SYSTEM
IMPROVEMENT PROJECT (WSIP); AND APPROVING A
CONTINGENCY OF $20,000.00.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas
hereby awards a construction contract with Environmental Consulting
Operations, Inc. in the amount of $579,343.00 for construction and post -
construction phase services for the entire Wastewater System Improvement
Project (WSIP). A copy of the amendment marked Exhibit "A" is attached hereto,
and made a part hereof.
Section 2. That the City Council of the City of Fayetteville, Arkansas
hereby approves a contingency of $20,000.00.
PASSED and APPROVED this 20th day of December, 2005. /�.II
APPROVED
s JJ
By:
DAN O.C
ATTEST: ;'
S, 9ITH, i lerk
Mayor
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Clarice
From: Clarice Pearman
To: Jurgens, David
Subject: Res, 250-05
David,
Scott,
Attached is a copy of the above resolution passed by City Council, December 20, 2005 regarding
Environmental Consulting Operations. I forward to you via interoffice mail two of three originals of the
agreement.
CC: Bell, Peggy; Deaton, Vicki