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HomeMy WebLinkAbout247-09 RESOLUTIONRESOLUTION NO. 247-09 A RESOLUTION APPROVING AMENDMENT NO. 4 TO THE ENGINEERING CONTRACT WITH ENVIRONMENTAL CONSULTING OPERATIONS, INC. IN THE AMOUNT OF $175,200.00 FOR WASTEWATER SYSTEM IMPROVEMENTS PROJECT AND WETLANDS MITIGATION SITE STORMWATER, WETLANDS AND ENVIRONMENTAL ISSUES, AS REQUIRED BY THE U.S. ARMY CORPS OF ENGINEERS AND THE ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY 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 approves Amendment No. 4 to the engineering contract with Environmental Consulting Operations, Inc. in the amount of $175,200.00 for Wastewater System Improvements Project and wetlands mitigation site stormwater, wetlands and environmental issues, as required by the U.S. Army Corps of Engineers and the Arkansas Department of Environmental Quality. A copy of Amendment No. 4, marked Exhibit "A," is attached hereto and made a part hereof. PASSED and APPROVED this 15th day of December, 2009. APPROVED: ATTEST: By: SO DRA E. SMITH, City Clerk/Tre urer ,pvi '�vi��r • CY a �` .°GG,�tiff FAYETTEVILLE y•95°At: -,ti, o /, �GTON G„N`' r AMENDMENT NO. 4 TO AGREEMENT FOR ENVIRONMENTAL CONSULTING SERVICES BETWEEN CITY OF FAYETTEVILLE, ARKANSAS AND ENVIRONMENTAL CONSULTING OPERATIONS, INCORPORATED FOR WSIP DESIGN/CONSTRUCTION/POST-CONSTRUCTION ENVIRONMENTAL CONSULTING SERVICES THIS AMENDMENT NO. 4 to the Agreement For Professional Environmental Consulting Services, dated September 16, 2003 (the "Agreement"), by and between CITY OF FAYETTEVILLE, ARKANSAS (CITY) and ENVIRONMENTAL CONSULTING OPERATIONS, INC. (ECO) for environment& consulting services in connection with the Wastewater System Improvements Project (WSIP) is made and entered into for purposes of amending certain provisions of the Agreement to address unanticipated WSIP design and scheduling changes and changes to requirements for environmental regulatory compliance and the scope of construction contracts in association with the CITY's WSIP. NOW THEREFORE, the CITY and ECO agree to amend the Section 2 "BASIC SERVICES of ECO" as follows: 1. Part A - Project Administration And Management — ECO shall provide the following in association with the Amendment No. 3 described herein: 1.1 General administration and project management activities; I.2 Perform project initiation activities; 1.3 Provide environmental regulatory information to CITY, Designers, and Contractors; I.4 Meet with Design Professionals for information exchange, goal setting, setting timelines, reviewing plans/drawings; 1.5 Meet with regulatory control authorities, if necessary, for compliance evaluations and to address violations; 1.6 Perform ECO's internal project control including budgeting, scheduling, and quality control activities; I.7 Provide environmental regulatory updates to CITY for project website; 1.8 Review Contractor submittals associated with environmental compliance. 2. Part B — Design/Construction/Post-Construction Phase Environmental Consulting Services For WSIP Contracts WL -8 (Owl Creek Lift Station and Force Main), WL -13 (Broyles Road Gravity Sewer), WL -14 (Broyles Road Force Main) and WL -15 (Broyles Road Lift Station). These WSIP Contracts were not a part of the original WSIP contracts for which environmental regulatory permit applications were completed and submitted to environmental regulatory permitting agencies and required permits were issued to the CITY. Regulated construction activities will require a Section 404 permit to be issued by the Department of Army Corps of Engineers; the ADEQ General Stormwater Permit for ECOamndNo4. l 11309,pdf EXHIBIT I Construction Activities; and a Short -Term Activity Authorization to be issued by ADEQ. At the current time, it is anticipated this work will involve may be divided into four (4) separate contracts and a period of service that will not extend beyond March 30, 2011. 2.1 Upon receipt of alignment drawings from Designer, ECO shall conduct design surveys for Contracts WL -8, WL -13, WL -14 and WL -15 to evaluate the presence of environmental features to include, but not be restricted to, streams, seeps, caves and other karst features, wetlands, and other ecologically sensitive areas. 2.2 ECO will prepare technical criteria, written descriptions, and applications necessary for filing applications for Contracts WL -8, WL -13, WL -I4 and WL -15 permits from or approvals of governmental authorities having jurisdiction to review or approve the environmental regulatory permitting of the WSIP and assist in securing approvals typically required by law for projects similar to the one for which ECO's services are being engaged. Actual filing and permit fees will be paid by CITY. ECO will assist CITY in consultations with appropriate authorities. 2.3 ECO will arrange for applicable environmental regulatory permit requirements of Contracts WL -8, WL -13, WL -14 and WL -I5 to be transmitted to CITY and WSIP Design Professionals who will be preparing bidding notices to be sent to Contractors. 2.4 ECO will prepare environmental regulatory permitting requirements and Best Management Practices Plans (BMPPs) to include SWPPPs, Section 404 permit special measures for stream and wetland crossings, Short -Term Activity Authorization requirements, a Cave System Contingency Plan, and a Spill Prevention Control and Countermeasures Plan for incorporation in the Contract Documents to show the character and scope of the Work to be performed by contractors on Contracts WL -8, WL -13, WL -14 and WL -15 (hereinafter called the "environmental regulatory permitting requirements"), and environmental regulatory portions of Section 02270 Environmental Specifications for review and approval by CITY, its legal counsel, and other advisors as appropriate, and assist CITY in the preparation of other related documents. 2.5 ECO shall not be required to attend the Contracts WL -8, WL -I3, WL -14 and WL -15 Pre -Bid Conference(s). As needs arise for further explanations of the environmental regulatory requirements or as questions are posed from prospective bidders, ECO shall consider the questions received and provide the necessary clarifications and changes to the CITY for dissemination to concemed parties. 2.6 ECO shall not be required to attend the Contract WL -8 Pre -Construction Conference(s). 2.7 ECO will conduct no more than two (2) Environmental Training Sessions (one each for Contracts WL -8, WL -13, WL -14 and WL -15) to address contract -specific environmental regulatory requirements. 2.8 ECO will conduct periodic (typically monthly) visual on-site observations of Contracts WL -8, WL - 13, WL -14 and WL -l5 construction activities to evaluate implementation of BMPs and regulatory compliance status of activities conducted by Contractors and communicate observations and provide recommendations to applicable Design Professionals and CITY, and assist Design Professionals in the preparation of other related documents pertaining to environmental regulatory issues. 2.9 Upon completion of Contracts WL -8, WL -13, WL -14 and WL -15, ECO will evaluate Contractor's compliance with CITY'S environmental regulatory requirements, communicate findings to CITY and conduct activities to terminate applicable environmental regulatory permits. ECOamn dNo4- I l 1309.pdf 2 3. Part C — WSIP Construction Phase Services for Contracts EL -3, EL -5 — ECO will conduct periodic (typically monthly) visual on-site observations of Contracts EL -3, EL -5 construction activities to evaluate implementation of BMPs and regulatory compliance status of activities conducted by Contractors and communicate observations and provide recommendations to applicable Design Professionals and CITY, assist Design Professionals in the preparation of other related documents pertaining to environmental regulatory issues, and conduct activities to terminate applicable environmental regulatory permits during a period of service that will not extend beyond March 1, 2010. 4. Part D — WSIP Wetland And Stream Mitigation Site Monitoring — ECO shall conduct annual monitoring at the CITY'S WSIP Wetland Mitigation Site for a period of service to not extend beyond December 31, 2010, and complete and submit the monitoring report to the Corps of Engineers as specified in the CITY'S WSIP Section 404 permit. ECO's renewal of annual scope of services will be reviewed by the City Council, and amended upon approval for annual monitoring at the CITY'S WSIP Wetland Mitigation Site for monitoring years beyond 2010. 4.2 ECO will conduct the required stream mitigation monitoring required by the CITY'S WSIP Nationwide Section 404 permit No. 14207-1 for the year 2010. 5. Part E — WSIP Wetland Mitigation Site Management, Planning, And Coordination - ECO shall provide WSIP Wetland Mitigation Site Management, Planning, and Coordination for a period of service to not extend beyond December 31, 2010. ECO's renewal of annual scope of services will be reviewed by the City Council, and amended upon approval for annual site management, planning, and coordination at the CITY'S WSIP Wetland Mitigation Site beyond 2010. 7. Compensation - For the amended Scope of Services described herein, CITY shall pay ECO the sum of the following, as specified below and as shown on the Cost Detail: 7.1 For the authorization of the amended scope of services, the total payment shall be a lump sum "not to exceed" amount of ONE HUNDRED SEVENTY-FIVE THOUSAND TWO HUNDRED U.S. DOLLARS ($175,200.00). Contract Amendment No. 4 Cost Detail ECO SCOPE Proposed 2010 to be paid under Amendment No. 4 budget PART A - Project Administration & Management $36,500 PART B — Contracts WL -8, WL -13, WL -14, WL -15 Design Services $25,400 PART C - Contracts WL -8, WL -13, WL -14, WL -15 Construction/Post-Construction Services $48,000 PART D — Basic Contract Fees for WSIP Wetland And Stream Mitigation Site Monitoring Year 2010 = 537,080 PART E — Basic Contract Fees for WSIP Wetland Mitigation Site Management, Planning, and Coordination Year 2010 = $27,720 Subtotals $175,200 7.2 Contract will automatically renew for additional 1 -year terms upon mutual agreement by both the City and ECO. The City may consider annual adjustment of prices and fees limited to an annual adjustment of prices and fees for the remaining terms. Such adjustment must be requested in writing, not less than sixty (60) days prior to the end of the current term. Contract renewals are subject to budget availability. ECOamndNo4- 1 1 1309.pdf 3 8. Notices - Any Notice required under this Agreement will be in writing, addressed to the appropriate party at the following addresses: CITY's address: 113 West Mountain Fayetteville, Arkansas 72701 ECO's address: 17724 Interstate 30, Suite 5A Benton, Arkansas 72019 This Amendment No. 4 together with Agreement constitutes the entire agreement between CITY and ECO and supersedes all prior oral and written understandings with respect to the subject matter set forth herein. Unless specifically stated all other terms and conditions of the Agreement shall remain in full force and effect. Neither this Amendment nor the Agreement may be modified except in writing signed by and authorized representative of the CITY and ECO. The CITY and ECO intending to be legally bound, indicate their approval on the Amendment by their signatures below. ENVIRONMENTAL CONSULTING CITY OF FAYETTEVILLE, ARKANSAS OPERATIONS, INC. By: r{7Iu /0 Bruce Shackleford, Pres ►ent „,) Date: ! a3/ Bv: j ioneld J an, Mayor Date: / ri /1[/ ATTEST: p By: ehL/1 Sondra Smith Cutty Clerk <<�,"+��rr;,,,� gsk Date: 7 al/ / 9 ; ,,,,,,,,i Y /4.°• Changes, modifications or amendments in scope, price or fees to this Contract shall not be alfoweilAYETTEVILLE • without formal contract amendment approved by the Mayor and the City Council in advancr elle :s.. • •,,_ change in scope, cost, fees, or delivery schedule. �'n•gOvnr,c.��'-,a End Of Amendment No. 4 To Agreement For Environmental Consulting Services <<.;;•,,. 1:•,t- ECOamndNo4-11 I309.pdf 4 David Jurgens Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 15 -Dec -09 City Council Meeting Date Agenda Items Only Water and Sewer Division Action Required: Utilities Department Approval of Amendment 4 to the Engineering contract with Environmental Consulting Operations, Inc., (ECO) for $175,200, for WSIP and wetlands mitigation site stormwater, wetlands, and environmental issues. 110,400 64,800 Cost of this request 4520.9530.5315.00 5400.5lao. Account Number 02133.0001 53\5.00 N/A Project Number $ 19,739,981 7,461,353 Category / Project Budget $ 11,387,751 $ Wastewater System Imp Project Water/Wastewater Program Category ! Project Name Wastewater System Imp Project Wastewater Treatment Funds Used to Date Program / Project Category Name $ 8,352,230 Water and Sewer 7,461,353 Water and Sewer Remaining Balance Fund Name Budgeted Item XX Budget Adjustment Attached Dep. • ' .-it Dire or p r +Ijr" Attorney Finance and Internal Services Director f of ZSN6"/ Date Date 1 -1.002 Date 12-1-0 Date a or Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: 4515 10/7/2003 932 Comments: Revised January 15, 2009 'Fave�evile CITY COUNCIL AGENDA MEMO MEETING DATE OF DECEMBER 15, 2009 THE CITY OF FAYETTEVILLE, ARKANSAS ARKANSAS www.accessfayetteville.org To: Fayetteville City Council Thru: Mayor Lioneld Jordan Don Marr, Chief of Staff From: David Jurgens, Utilities Director r Fayetteville Water and Sewer Committee % Date: November 18, 2009 but_ Subject: Approval of Amendment 4 to the Engineering contract with Environmental Consulting Operations, Inc., (ECO) for $175,200, for WSIP and wetlands mitigation site stormwater, wetlands, and environmental issues RECOMMENDATION City Administration recommends approval of Amendment 4 to the Engineering contract with Environmental Consulting Operations, Inc., for $175,200, for WSIP and wetlands mitigation site stormwater, wetlands, and environmental issues as required by the Corps of Engineers and ADEQ. BACKGROUND ECO, Inc. developed the wetlands and storm water protection best management plans and conducted excellent construction inspection for the WSIP, and is tasked to ensure full compliance with the related regulations and permits. Under their supervision, contractors working for the City have completed over $135 million in work without a single permit violation. ECO also designed the wetlands mitigation site that was required by the Corps of Engineers, which has a mandated seven year monitoring and reporting period. DISCUSSION This amendment covers these work tasks: (1) Extra work performed due to the weather. The excessive rain this year caused significant additional work relating to stream crossings and wetlands area activities of the ECO contract. Instead of performing monthly compliance inspections as has been the norm, bi-weekly inspections and additional post -storm assistance has been required. (2) Extra work caused by contractor errors (SJ Louis on EL -3). $27,230 will be withheld from SJ Louis payments, and will result in no net additional cost to the City. (3) Work required for sewer lines and lift stations in the Owl Creek sewer basin (WSIP WL -13, 14, and 15) which are being executed to address the growth and potential growth within that basin. (4) Wetlands monitoring and Corps of Engineers compliance for 2010. The intent from the beginning of the WSIP process was to execute the wetlands monitoring change order annually, as the work load will change with time. The Corps of Engineers permit requires a seven year monitoring period. Funding for these succeeding years will come from the Wastewater Treatment program. BUDGET IMPACT Funds are available within the appropriate budgets. This change order is for $175,200. $64,800 is covered by wastewater treatment funding, $27,230 is offset by deductions from contractor payments, and $83,170 is for WSIP construction work. Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701 Ir RESOLUTION NO. A RESOLUTION APPROVING AMENDMENT NO. 4 TO THE ENGINEERING CONTRACT WITH ENVIRONMENTAL CONSULTING OPERATIONS, INC. IN THE AMOUNT OF $175,200.00 FOR WASTEWATER SYSTEM IMPROVEMENTS PROJECT AND WETLANDS MITIGATION SITE STORMWATER, WETLANDS AND ENVIRONMENTAL ISSUES, AS REQUIRED BY THE U.S. ARMY CORPS OF ENGINEERS AND THE ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY 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 approves Amendment No. 4 to the engineering contract with Environmental Consulting Operations, Inc. in the amount of $175,200.00 for Wastewater System Improvements Project and wetlands mitigation site stormwater, wetlands and environmental issues, as required by the U.S. Army Corps of Engineers and the Arkansas Department of Environmental Quality. A copy of Amendment No. 4, marked Exhibit "A," is attached hereto and made a part hereof. PASSED and APPROVED this 15th day of December, 2009. APPROVED: ATTEST: By: By: LIONELD JORDON, Mayor SONDRA E. SMITH, City Clerk/Treasurer 41. AMENDMENT NO. 4 TO AGREEMENT FOR ENVIRONMENTAL CONSULTING SERVICES BETWEEN CITY OF FAYETTEVILLE, ARKANSAS AND ENVIRONMENTAL CONSULTING OPERATIONS, INCORPORATED FOR WSIP DESIGN/CONSTRUCTION/POST-CONSTRUCTION ENVIRONMENTAL CONSULTING SERVICES THIS AMENDMENT NO. 4 to the Agreement For Professional Environmental Consulting Services, dated September 16, 2003 (the "Agreement"), by and between CITY OF FAYETTEVILLE, ARKANSAS (CITY) and ENVIRONMENTAL CONSULTING OPERATIONS, INC. (ECO) for environmental consulting services in connection with the Wastewater System Improvements Project (WSIP) is made and entered into for purposes of amending certain provisions of the Agreement to address unanticipated WSIP design and scheduling changes and changes to requirements for environmental regulatory compliance and the scope of construction contracts in association with the CITY's WSIP. NOW THEREFORE, the CITY and ECO agree to amend the Section 2 "BASIC SERVICES of ECO" as follows: 1. Part A - Project Administration And Management — ECO shall provide the following in association with the Amendment No. 3 described herein: 1.1 General administration and project management activities; 1.2 Perform project initiation activities; 1.3 Provide environmental regulatory information to CITY, Designers, and Contractors; 1.4 Meet with Design Professionals for information exchange, goal setting, setting timelines, reviewing plans/drawings; 1.5 Meet with regulatory control authorities, if necessary, for compliance evaluations and to address violations; 1.6 Perform ECO's internal project control including budgeting, scheduling, and quality control activities; 1.7 Provide environmental regulatory updates to CITY for project website; 1.8 Review Contractor submittals associated with environmental compliance. 2. Part B — Design/Construction/Post-Construction Phase Environmental Consulting Services For WSIP Contracts WL -8 (Owl Creek Lift Station and Force Main), WL -13 (Broyles Road Gravity Sewer), WL -14 (Broyles Road Force Main) and WL -15 (Broyles Road Lift Station). These WSIP Contracts were not a part of the original WSIP contracts for which environmental regulatory permit applications were completed and submitted to environmental regulatory permitting agencies and required permits were issued to the CITY. Regulated construction activities will require a Section 404 permit to be issued by the Department of Army Corps of Engineers; the ADEQ General Stormwater Permit for ECOamndNo4-I 1 1309.pdf 1 Construction Activities; and a Short -Term Activity Authorization to be issued by ADEQ. At the current time, it is anticipated this work will involve may be divided into four (4) separate contracts and a period of service that will not extend beyond March 30, 2011. 2.1 Upon receipt of alignment drawings from Designer, ECO shall conduct design surveys for Contracts WL -8, WL -13, WL -14 and WL -15 to evaluate the presence of environmental features to include, but not be restricted to, streams, seeps, caves and other karst features, wetlands, and other ecologically sensitive areas. 2.2 ECO will prepare technical criteria, written descriptions, and applications necessary for filing applications for Contracts WL -8, WL -13, WL -14 and WL -15 permits from or approvals of governmental authorities having jurisdiction to review or approve the environmental regulatory permitting of the WSIP and assist in securing approvals typically required by law for projects similar to the one for which ECO's services are being engaged. Actual filing and permit fees will be paid by CITY. ECO will assist CITY in consultations with appropriate authorities. 2.3 ECO will arrange for applicable environmental regulatory permit requirements of Contracts WL -8, WL -13, WL -14 and WL -15 to be transmitted to CITY and WSIP Design Professionals who will be preparing bidding notices to be sent to Contractors. 2.4 ECO will prepare environmental regulatory permitting requirements and Best Management Practices Plans (BMPPs) to include SWPPPs, Section 404 permit special measures for stream and wetland crossings, Short -Term Activity Authorization requirements, a Cave System Contingency Plan, and a Spill Prevention Control and Countermeasures Plan for incorporation in the Contract Documents to show the character and scope of the Work to be performed by contractors on Contracts WL -8, WL -13, WL -14 and WL -15 (hereinafter called the "environmental regulatory permitting requirements"), and environmental regulatory portions of Section 02270 Environmental Specifications for review and approval by CITY, its legal counsel, and other advisors as appropriate, and assist CITY in the preparation of other related documents. 2.5 ECO shall not be required to attend the Contracts WL -8, WL -13, WL -14 and WL -15 Pre -Bid Conference(s). As needs arise for further explanations of the environmental regulatory requirements or as questions are posed from prospective bidders, ECO shall consider the questions received and provide the necessary clarifications and changes to the CITY for dissemination to concerned parties. 2.6 ECO shall not be required to attend the Contract WL -8 Pre -Construction Conference(s). 2.7 ECO will conduct no more than two (2) Environmental Training Sessions (one each for Contracts WL -8, WL -13, WL -14 and WL -15) to address contract -specific environmental regulatory requirements. 2.8 ECO will conduct periodic (typically monthly) visual on-site observations of Contracts WL -8, WL - 13, WL -14 and WL -15 construction activities to evaluate implementation of BMPs and regulatory compliance status of activities conducted by Contractors and communicate observations and provide recommendations to applicable Design Professionals and CITY, and assist Design Professionals in the preparation of other related documents pertaining to environmental regulatory issues. 2.9 Upon completion of Contracts WL -8, WL -13, WL -14 and WL -15, ECO will evaluate Contractor's compliance with CITY'S environmental regulatory requirements, communicate findings to CITY and conduct activities to terminate applicable environmental regulatory permits. ECOamndNo4-1 11309.pdf 2 3. Part C — WSIP Construction Phase Services for Contracts EL -3, EL -5 — ECO will conduct periodic (typically monthly) visual on-site observations of Contracts EL -3, EL -5 construction activities to evaluate implementation of BMPs and regulatory compliance status of activities conducted by Contractors and communicate observations and provide recommendations to applicable Design Professionals and CITY, assist Design Professionals in the preparation of other related documents pertaining to environmental regulatory issues, and conduct activities to terminate applicable environmental regulatory permits during a period of service that will not extend beyond March 1, 2010. 4. Part D — WSIP Wetland And Stream Mitigation Site Monitoring — ECO shall conduct annual monitoring at the CITY'S WSIP Wetland Mitigation Site for a period of service to not extend beyond December 31, 2010, and complete and submit the monitoring report to the Corps of Engineers as specified in the CITY'S WSIP Section 404 permit. ECO's renewal of annual scope of services will be reviewed by the City Council, and amended upon approval for annual monitoring at the CITY'S WSIP Wetland Mitigation Site for monitoring years beyond 2010. 4.2 ECO will conduct the required stream mitigation monitoring required by the CITY'S WSIP Nationwide Section 404 permit No. 14207-1 for the year 2010. 5. Part E — WSIP Wetland Mitigation Site Management, Planning, And Coordination - ECO shall provide WSIP Wetland Mitigation Site Management, Planning, and Coordination for a period of service to not extend beyond December 31, 2010. ECO's renewal of annual scope of services will be reviewed by the City Council, and amended upon approval for annual site management, planning, and coordination at the CITY'S WSIP Wetland Mitigation Site beyond 2010. 7. Compensation - For the amended Scope of Services described herein, CITY shall pay ECO the sum of the following, as specified below and as shown on the Cost Detail: 7.1 For the authorization of the amended scope of services, the total payment shall be a lump sum "not to exceed" amount of ONE HUNDRED SEVENTY-FIVE THOUSAND TWO HUNDRED U.S. DOLLARS ($175,200.00). Contract Amendment No. 4 Cost Detail ECO SCOPE Proposed 2010 to be paid under Amendment No. 4 budget PART A - Project Administration & Management $36,500 PART B — Contracts WL -8, WL -13, WL -14, WL -15 Design Services $25,900 PART C - Contracts WL -8, WL -13, WL -14, WL -15 Construction/Post-Construction Services $48,000 PART D — Basic Contract Fees for WSIP Wetland And Stream Mitigation Site Monitoring Year 2010 = $37,080 PART E — Basic Contract Fees for WSIP Wetland Mitigation Site Management, Planning, and Coordination Year 2010 = S27,720 Subtotals $175,200 7.2 Contract will automatically renew for additional 1 -year terms upon mutual agreement by both the City and ECO. The City may consider annual adjustment of prices and fees limited to an annual adjustment of prices and fees for the remaining terms. Such adjustment must be requested in writing, not less than sixty (60) days prior to the end of the current term. Contract renewals are subject to budget availability. ECOamndNo4-11 I309.pdf 3 8. Notices - Any Notice required under this Agreement will be in writing, addressed to the appropriate party at the following addresses: CITY's address: 113 West Mountain Fayetteville, Arkansas 72701 ECO's address: 17724 Interstate 30, Suite 5A Benton, Arkansas 72019 This Amendment No. 4 together with Agreement constitutes the entire agreement between CITY and ECO and supersedes all prior oral and written understandings with respect to the subject matter set forth herein. Unless specifically stated all other terms and conditions of the Agreement shall remain in full force and effect. Neither this Amendment nor the Agreement may be modified except in writing signed by and authorized representative of the CITY and ECO. The CITY and ECO intending to be legally bound, indicate their approval on the Amendment by their signatures below. ENVIRONMENTAL CONSULTING CITY OF FAYETTEVILLE, ARKANSAS OPERATIONS, INC. By: By: Bruce Shackleford, President Lioneld Jordan, Mayor Date: Date: ATTEST: By: Sondra Smith City Clerk Date: 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 Amendment No. 4 To Agreement For Environmental Consulting Services ECOamndNo4- 1 1 1 309. pd f 4 ja6eueyy tp1edsla Jo&avail saflpa jopaga saoVuaS leusewi'2 aaueuld �a6uueyy ia6pne 0 0 0 :Jape.: la luauruedaa uaseueyq Bulseyaund 0 0 M CO O 0 0 :suogoru}sulle adS 0 BullpueHiBulddluS OD W V 01 (71 A ( N 3 p m 0 a 0 3 � m w_ g3 as m m 0 3 Y 0. a 0 0 v 0 0 c m 1 0 m anssl to 3Fun 0 0 P C 0 00 0 0 0 a O 0 h 0 4 M O 0 N 0 0 N 0 0 40 0 O 0 N 0 0 0 O 0 0, 0 0 4 pop papuapx2 00'9 L£S'OZ 69'OOI' edagwnN }unoaay # porcudgnS/P Fad 0 .0 0 0 A 0 0 m w C4 0 0 5 0W # lasso paxld C4 w 114 114 40 N� •0 0 0 0 m N •0 0 0. v 0 m 0. a -. a 0 O 1 m CO CIS 0 m 0 m z 0 a z 0 0 0 m fl. m 0 O z a 0 0 0 n CD o Ix a a Y sc 7 O: b N s n 0.! q• � Fr 0 5 0 <D c '2 z • .: a roc t- m a 4 to 0o°w }~ y 3 Y40 0 ev 0 3 734 zr. 0 E a z 0 3 m :•oN uoplsmbaa ** CHANGE ORDER ** a e eAe PURCHASE HAS ©G DDC N ARKANSAS VENDOR NO. 11986 ECO Inc 1313 Hwy 229-5A Benton AR 72019 Each Package Must Be Marked Exactly As Shown Here City of Fayetteville, Arkansas PURCHASE ORDER # 03-0004053-103 DATE 5/05/09 FOB Fyv TERMS NET 30 DAY Oty.of Unit Qty. Issue Rec i ed Description and Account Number Unit Price TOTALS 1.00 JOB a) Contract to Handle Environmental 376409.00 376409.00 Analysis, Permiting, Etc Contract #932 Bid Waiver Ordinance #4515 4480.9480.5315.00 02133 1 1.00 EA b) Amendment #1 to Contract #932 5000.00 5000.00 04/15/04 C/O #1 Relates to Revised Interceptor Sewer Alignment Across Springwoods Subdivision 5400.5700.5315.00 021330302 SHIP TO: (-T6 5—fOtr1 otr 6r , Wt 1[,A'1JJ «- rtbn! r hL TS50E5 462D. G 5- 5314.00 g 07-456-1244 Water & Wastewater Director CITY OF FAYETTEVILLE 113 W MOUNTAIN FAYETTEVILLE AR 72701 D 12))0)-- C j 1z131oq vJ4�� Continued on Next Page DEPARTMENT VERIFICATION BY RECEIVED DEPT HEAD APPROVAL AMOUNT TO PAY NP VERIFICATION DATE ADDITIONAL APPROVAL E PURCHASING VERIFICATION • PRICE CHANGE VERIFICATION RETURN CHECK TO SEND COPY TO CHECK # DOES NOT MEET PURCHASING POLICY CONTRACT PAYMENT OTHER APPROVED BY DEPT COPY PROJECT # THIS PAYMENT $ PREVIOUS PAYMENT(S) S TOTAL PYMT(S) $ BALANCE $ ** CHANGE ORDER ** wie PU CHAS OG DD ER VENDOR NO. 11986 ECO Inc 1313 Hwy 229-5A Benton AR 72019 Each Package Must Be Marked PURCHASE ORDER # Exactly As Shown Here City of Fayetteville, Arkansas 03-0004053-103 PATE 5/05/09 FOB Fyv TERMS NET 30 DAY - Unit Qry City. 01 Received Issue Description and Account Number Unit Price TOTALS 1.00 LOT c) Construction and Post -Construction 470535.17 470535.17 Phase Environmental Consulting Service for WSIP Contract Amendment 2 1/17/06 C/O #2 to incr PO $579,349.00 05/04/09 C/O #4 to PO, Part 1 of 4 to decr line item (c) by <108,813.83> & place in line item (e) with new G/L 4480.9480.5315.00 02133 1 SHIP TO: Water & Wastewater Director CITY OF FAYEITEVILLE 113 W MOUNTAIN FAYEITEVJLLE AR 72701 Continued on Next Page DEPARTMENT VERIRCATION BY DATE ADDITIONAL APPROVAL RECEIVED CHECK # DEPT HEAD APPROVAL DOES NOT MEET PURCHASING POLICY AMOUNT TO PAY $ CONTRACT PAYMENT OTHER A/P VERIFICATION APPROVED BY PURCHASING VERIFICATION PRICE (MANGE VERIFICATION PROJECT # THIS PAYMENT $ PREVIOUS PAYMENT(S) $ RETURN CHECK TO TOTAL PYMT(S) $ SEND COPY TO BALANCE $ DEPT COPY Srrektle PURL[ VENDOR NO. ** CHANGE ORDER ** QAC OMER 11986 ECO Inc 1313 Hwy 229-5A Benton AR 72019 Each Package Must Be Marked Exactly As Shown Here City of Fayetteville, Arkansas PURCHASE ORDER # 03-0004053-103 DATE 5/05/09 FOB Fyv TERMS NET 30 DAY Unit t7 Qty. of Received Issue Description and Account Number Unit Price TOTALS 1.00 EA d) Change Order #3 to Contract #932 42195.38 42195.38 02/20/09 C/O to incr contract by $79,067.00 for final, post - construction and monitoring phase services for remaining WSIP work relating to regulatory and environmental -issues 05/04/09 C/O #4 to PO, Part 2 of 4 to decr line item (d) by <36,871.62> & place in line item (f) with new G/L 4480.9480.5315.00 021330314 SHIP TO: Water & Wastewater Director CITY OF FAYEiTEVILLE 113 W MOUNTAIN FAYEITEVILLE AR 72701 Continued on Next Page DEPARTMENT VERIFICATION BY DATE ADDITIONAL APPROVAL RECEIVED CHECK # DEPT HEAD APPROVAL DOES NOT MEET PURCHASING POLICY AMOUNT TO PAY $ CONTRACT PAYMENT OTHER NP VERIFICATION APPROVED BY PURCHASING VERIFICATION PRICE CHANGE VERIFICATION PROJECT # THIS PAYMENT $ PREVIOUS PAYMENT(S) $ RETURN CHECK TO TOTAL PYMT(S) $ SEND COPY TO BALANCE $ DEPT COPY a e epi le =©EI:[ AAKA NSAS VENDOR NO. ** CHANGE ORDER ** QAC ©HOER 11986 ECO Inc 1313 Hwy 229-5A Benton AR 72019 Each Package Must Be Marked PURCHASE ORDER # Exactly As Shown Here City of Fayetteville, Arkansas 03-0004053-103 DATE 5/05/09 FOB Fyv TERMS NET 30 DAY City. Unit of f] Received Issue Description and Account Number Unit Price TOTALS 1.00 EA e) Change Order #4 to PO, Part 3 of 4 108813.83 108813.83 05/04/09 C/O #4 to PO, Part 3 of 4 to add line item (e), created by reduction of line item (c) to close fund 4480. 4520.9520.5314.00 02133 1 1.00 EA f) Change Order #4 to PO, Part 4 of 4 36871.62 36871.62 05/04/09 C/O #4 to PO, Part 4 of 4 to add line item (f), created by reduction of line item (d) to close fund 4480 4520.9520.5314.00 021330314 SHIP TO: Water & Wastewater Director CITY OF FAYFTTEVILLE 113 W MOUNTAIN FAYEITEVILLE AR 72701 lurgeus, D Sales Tax Total: $.00 Purchase Order Total: 1039825.00 DEPARTMENT VERIFICATION BY DATE ADDITIONAL APPROVAL RECEIVED CHECK # DEPT HEAD APPROVAL DOES NOT MEET PURCHASING POLICY AMOUNT TO PAY $ CONTRACT PAYMENT OTHER NP VERIRCA11ON APPROVED BY PURCHASING VERIFICATION PRICE CHANGE VERIFICATION PROJECT # THIS PAYMENT $ PREVIOUS PAYMENT(S) $ RETURN CHECK TO TOTAL PYMT(S) $ SEND COPY TO BALANCE $ DEPT COPY David Jurgens Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements City Council Meeting Date Agenda Items Only Wastewater Treatment Division Action Required: Utilities Department Approval of Amendment 5 to the Engineering contract with Environmental Consulting Operations, Inc., (ECO) with no change in cost, for WSIP pipeline stormwater, wetlands, and environmental issues and 2010 and 2011 wetland site maintenance and reporting. 17,000 Cost of this request 5400.5120.5315.00 Account Number N/A Project Number Budgeted Item Inn 75,000 Category / Project Budget Funds Used to Date 75,000 Remaining Balance Budget Adjustment Attached Water/Wastewater Program Category/ Project Name Wastewater Treatment Program / Project Category Name Water and Sewer Fund Name Depar"ent Director City Attorney F anc and Internal S ices Director 1-1 fo Date !7i zoto Date 2411e11° /ci/c )//a Date Previous Ordinance or Resolution # 4515, 247-09 Original Contract Date: 10/7/2003,12/15109 Original Contract Number: Received in Cit 2-17-1 0 P03 15 Clerk's Office - / 932 Received in Mayor's Office Comments: Revised January 15, 20 a�fve. eville CONTRACT REVIEW MEMO MAYOR'S APPROVAL THE CITY OF FAYETTEVILLE, ARKANSAS ARKANSAS www.accessfayetteville.org To: Mayor Lioneld Jordan Thru: Don Marr, Chief of Staff From: David Jurgens, Utilities Director Fayetteville Water and Sewer Com i Date: December 16, 2010 Subject: Amendment 5 to the Engineering contract with Environmental Consulting Operations, Inc., for no change in cost, for WSIP and wetlands mitigation site stormwater, wetlands, and environmental issues RECOMMENDATION City Administration recommends approval of Amendment 5 to the Engineering contract with Environmental Consulting Operations, Inc., for no change in cost, for WSIP and wetlands mitigation site stormwater, wetlands, and environmental issues as required by the Corps of Engineers and ADEQ. BACKGROUND ECO, Inc. developed the wetlands and storm water protection best management plans and conducted excellent construction inspection for the WSIP, and is tasked to ensure full compliance with the related regulations and permits. Under their supervision, contractors working for the City have completed over $135 million in work without a single permit violation. ECO also designed the wetlands mitigation site that was required by the Corps of Engineers, which has a mandated seven year monitoring and reporting period. DISCUSSION This amendment covers these work tasks: (1) Adds WL -10a (Farmington gravity line) into this scope of work. The extra work performed is due to weather delaying final restoration, and increased requirements from ADEQ for proving the establishment of multi -season perennial vegetative cover. The excessive rain this summer caused significant additional work relating to stream crossings and wetlands area activities of the ECO contract. More monthly compliance inspections are been required. (2) Wetlands monitoring and Corps of Engineers compliance for 2011. The intent from the beginning of the WSIP process was to execute the wetlands monitoring change order annually, as the work load will change with time. The Corps of Engineers permit requires a seven year monitoring period. Funding for these succeeding years will come from the Wastewater Treatment program. BUDGET IMPACT Funds are available within the existing contract; this change order has no change in cost. There is a $17,000 decrease in WSIP expenditures which wilt revert to the fund when the purchase order closes. There is a $17,000 increase in operational costs for Wetlands operations and maintenance. The latter is budgeted within the 2011 Wastewater Treatment operational budgets. Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701 ECO Amend 5 CCMemoNovl0.doc III AMENDMENT NO. 5 TO AGREEMENT FOR ENVIRONMENTAL CONSULTING SERVICES BETWEEN CITY OF FAYETTEVILLE, ARKANSAS AND ENVIRONMENTAL CONSULTING OPERATIONS, INCORPORATED FOR WSIP DESIGN/CONSTRUCTION/POST-CONSTRUCTION ENVIRONMENTAL CONSULTING SERVICES THIS AMENDMENT NO. 5 to the Agreement For Professional Environmental Consulting Services, dated September 16, 2003 (the "Agreement"), by and between CITY OF FAYETTEVILLE, ARKANSAS (CITY) and ENVIRONMENTAL CONSULTING OPERATIONS, INC. (ECO) for environmental consulting services in connection with the Wastewater System Improvements Project (WSIP) is made and entered into for purposes of amending certain provisions of the Agreement to address unanticipated WSIP design and scheduling changes and changes to requirements for environmental regulatory compliance and the scope of construction contracts in association with the CITY'S WSIP. NOW THEREFORE, the CITY and ECO agree to amend the contract as follows: 1. All items contained in the basic contract, as amended through amendment 4, remain in effect. Unless specifically stated all other terms and conditions of the Agreement shall remain in full force and effect. Neither this Amendment nor the Agreement may be modified except in writing signed by and authorized representative of the CITY and ECO. 2. Part B — Design/Construction/Post-Construction Phase Environmental Consulting Services For WSIP Contracts EL -3 and 5 (Gravity Lines, Happy Hollow -- Razorback), WL -10a (Farmington Gravity Sewer), WL -13 (Broyles Road Gravity Sewer), WL -14 (Broyles Road Force Main) and WL -15 (Broyles Road Lift Station). Wastewater line WL - 10a is added to this section of the scope of work. Invoices shall identify work performed for WL -10a as a separate sub -line in the portion of the invoice reflecting post -construction work performed to allow proper separation of billing between Fayetteville and Farmington, per the agreement between the two cities. 3. Compensation - For the amended Scope of Services described herein, there is no total change in cost from Amendment 4. The CITY shall pay ECO the sum of the following, as specified below and as shown on the Cost Detail. The total payment shall be a lump sum "not to exceed" amount of ONE HUNDRED SEVENTY-FIVE THOUSAND TWO HUNDRED U.S. DOLLARS ($175,200.00). ECO Amnd No 5 Nov 10-6.doc 1