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HomeMy WebLinkAbout27-09 RESOLUTIONRESOLUTION NO. 27-09 A RESOLUTION APPROVING AMENDMENT NO. 3 TO THE CONTRACT WITH ENVIRONMENTAL CONSULTING OPERATIONS, INC. (ECO) IN THE AMOUNT OF $79,067.00 FOR FINAL, POST -CONSTRUCTION AND MONITORING PHASE SERVICES FOR REMAINING WSIP WORK RELATING TO REGULATORY AND ENVIRONMENTAL ISSUES. 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. 3 to the contract with Environmental Consulting Operations, Inc. (ECO) in the amount of $79,067.00 for final, post -construction and monitoring phase services for remaining WSIP work relating to regulatory and environmental issues. A copy of Amendment No. 3, marked Exhibit "A," is attached hereto and made a part hereof. •Z,\S 't( O c •Gp • E FAYETTEVILLE PASSED and APPROVED this 3rd day of February, 2009. APPROVED: ATTEST: ut .9lli:Kaa By: ( I1 % AN, Mayor SO DRA E. SMITH, City Clerk/Treasurer AMENDMENT NO. 3 TO AGREEMENT FOR ENVIRONMENTAL CONSULTING SERVICES BETWEEN CITY OF FAYETTEVILLE, ARKANSAS AND ENVIRONMENTAL CONSULTING OPERATIONS, INCORPORATED FOR CONSTRUCTION AND POST -CONSTRUCTION PHASE ENVIRONMENTAL CONSULTING SERVICES FOR ENTIRE WSIP THIS AMENDMENT NO. 3 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 changes to requirements for environmental regulatory compliance and the scope of construction contracts in association with the CITY's WSIP. WHEREAS, changes to the WSIP implementation schedule, changes to the number and scope of WSIP construction contracts, upcoming expirations of WSIP environmental regulatory permits, and newly developed environmental regulatory requirements that are applicable to the WSIP, have therefore necessitated a change to the WSIP Design Phase and Construction Phase Basic Scope of Service provided to CITY by ECO. WHEREAS, the addition of Contract WL -8 (Owl Creek Lift Station, force main, and gravity sewer) to the WSIP necessitates Additional WSIP Design Phase/Construction Phase/Post Construction Phase Environmental Consulting Services; and WHEREAS, the expiration of the Arkansas Department of Environmental Quality (ADEQ) General Stormwater Permit for Construction Activities (ARR150000) on October 31, 2008, and the subsequent revision and reissuance of ARR150000, as applicable to the WSIP, necessitates Additional WSIP Design Phase/Construction Phase/Post Construction Phase Environmental Consulting Services; and WHEREAS, the WSIP individual Section 404 permit (permit No. 14207) initially required wetland mitigation site monitoring beyond the First Year Monitoring in ECO's scope of services, necessitates Additional WSIP Design Phase/Construction Phase/Post Construction Phase Environmental Consulting Services; and WHEREAS, the expiration of the WSIP individual Section 404 permit (permit No. 14207) on December 31, 2008 for the Westside Wastewater Treatment Facility and linework contracts, necessitates Additional WSIP Design Phase/Construction Phase/Post Construction Phase Environmental Consulting Services; and WHEREAS, the October 30, 2007 modification of the WSIP individual Section 404 permit (permit No. 14207) to require additional wetland mitigation and stream mitigation monitoring, necessitates Additional WSIP Design Phase/Construction Phase/Post Construction Phase Environmental Consulting Services. WHEREAS, ECO's Contract Amendment No. 3 Scope of Services will be to continue development and implementation of the WSIP Environmental Regulatory Program that is necessitated due to changes in environmental regulatory requirements and due to WSIP design changes. ECO's WSIP Contract ECOamndNo3-011409.pdf 1 Amendment No. 2 for WSIP Environmental Consulting Services was specified to apply to eight -teen (18) WSIP construction contracts, one year of wetland mitigation site monitoring, and a Period Of Service not to extend beyond February 2009. WHEREAS, revisions to WSIP contract scheduling will extend the WSIP Construction Phase through the year 2010, and the WSIP Design and Construction Phases have been revised to include Contract WL -8 (Owl Creek Lift Station and Force Main). The re -issuance of the WSIP ADEQ General Storm Water Permit For Construction Activities, WSIP Section 404 permit requirements for a total of seven years of wetland mitigation site monitoring, and the pending expiration of the WSIP Section 404 permit necessitate additional environmental consulting services. NOW THEREFORE the CITY and ECO agree to amend the Section 2 "BASIC SERVICES of ECO" as follows: I. 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 individual 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 intemal 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 Contract WL -8— WSIP Contract WL -8 (Owl Creek Lift Station and Force Main) was not a part of the original WSIP contracts whereby 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 Construction Activities; a Short -Term Activity Authorization to be issued by ADEQ; and Section 401 Water Quality Certification to be issued by ADEQ. At the current time, it is anticipated the Contract WL -8 may be divided into three (3) separate contracts. ECO's services described below are based upon no more than three (3) contracts for WL -8. 2.1 Upon receipt of alignment drawings from Designer, ECO shall conduct Contract WL -8 design surveys 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. ECOamndNo3-0I 1409.pdf 2 r 2.2 ECO will prepare technical criteria, written descriptions, and applications necessary for filing applications for Contract WL -8 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. Actual filing and permit fees will be paid by CITY. ECO will assist CITY in consultations with appropriate authorities. 2.3 ECO will assist CITY in applying for and obtaining Contract WL -8 permits and approvals typically required by law for projects similar to the one for which ECO's services are being engaged. This assistance consists of completing and submitting forms required for the performance of certain services prior to commencement of construction. Specifically, this is to include Corps of Engineers Section 404 permit, the ADEQ General Stormwater Permit for Construction Activities, 401 Water Quality Certification, and a Short -Term Activity Authorization. 2.4 ECO will arrange for applicable Contract WL -8 environmental regulatory permit requirements to be transmitted to CITY and WSIP Design Professionals who will be preparing bidding notices to be sent to Contractors. 2.5 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 Contract WL -8 (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. 2.6 ECO shall not be required to attend the Contract WL -8 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. 2.7 ECO shall not be required to attend the Contract WL -8 Pre -Construction Conference(s). 2.8 ECO will conduct no more than three (3) Contract WL -8 Environmental Training Sessions to address contract -specific environmental regulatory requirements. 2.9 ECO will conduct periodic (typically monthly) visual on-site observations of Contract WL -8 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. 2.10 Upon completion of Contract WL -8, 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. ECOamndNo3-011409.pdf 3 3. Part C — WSIP Renewed Storm Water Permit And Section 404 Permit Extension - Stormwater discharges from the CITY's WSIP construction activities are authorized by the ADEQ General Stormwater Permit for Construction Activities (ARR150541). The general permit expired on October 31, 2008 and was revised and renewed with an effective date of November 1, 2008. The new permit states that existing permittees who are authorized at the time of the October 31, 2008 expiration date will be required to submit notification to ADEQ of their intent to be covered under this new permit within 60 days after the effective date of the renewed general permit, and to update any project SWPPP within 60 days from the effective date of this permit. These new requirements will be applicable to all WSIP construction contracts that were not completed prior to expiration of the previous general stormwater permit. Therefore, the CITY will be required to submit a Notice Of Intent for authorization under the renewed general permit and to update all SWPPPs for active WSIP contracts. The following WSIP contracts will remain as active contracts after expiration of the general permit: WL -9 — Cutover Demo, WL -1 Oa — Fayetteville/Farmington Area Gravity Line Upper Section, WL -12 — Farmington Lift Station 12 WL -Non -Critical Cutovers. EL -3 — Line 4 Town Branch to Happy Hollow, EL -5 — Line 15 South Mountain to Industrial Park, EP -3 — Noland Effluent Pump Station Aeration Basin. Furthermore, the CITY was issued individual Section 404 permit No. 14207 by the Little Rock District Corps of Engineers on March 10, 2005 for discharges of fill materials into "waters of the United States" associated with the West Side Wastewater Treatment Facility and the westside line work contracts. The CITY's WSIP 404 permit No. 14207 will expire on December 31, 2008. A portion of the west side linework WSIP construction contracts will not be completed until after the CITY's 404 permit No. 14207 will expire. Therefore, the CITY will be required to submit a request for an extension to 404 permit No. 14207. It is anticipated that the following west side line work WSIP contracts will need authorization for discharges of fill material into "waters of the United States" after expiration of the CITYs 404 permit No. 14207: WL -10a— Fayetteville/Farmington Area Gravity Line Upper Section, WL -11— Farmington Force Main from LS 12 to West Side WWTP, Non -Critical Cutovers. 3.1 ECO shall prepare a Notice Of Intent to notify ADEQ of CITY'S intent for applicable WSIP contracts to be authorized under the renewed ADEQ General Stormwater Permit For Construction Activities and to update seven (7) SWPPPs for the seven (7) applicable WSIP contracts within 60 days of the effective date of the renewed general permit, as required. 3.2 ECO will communicate new requirements of the renewed general permit to CITY, Design Professionals, and Contractors. 3.3 ECO will prepare a request for an extension to the CITY's WSIP 404 permit No. 14207 for submittal to the Little Rock District Corps of Engineers and convey documents associated with the extended 404 permit to CITY and applicable Design Professionals, and Contractors. ECOamndNo3-011409.pdf 4 NOW THEREFORE the CITY and ECO agree to amend Section 2 of the Agreement to include "ANNUAL SERVICES of ECO" as follows: 4. Part D — WSIP Wetland And Stream Mitigation Site Monitoring - The CITY'S WSIP individual Section 404 permit (permit No. 14207) requires wetland mitigation site monitoring for a period of seven years after the first growing season following completion of the mitigation work. The mitigation work was completed in 2006 and the first growing season thereafter was the calendar year 2007. Therefore, the seven monitoring years include 2007 through 2013. For each monitoring year, the CITY'S WSIP 404 permit requires the completion of an annual monitoring report that shall be submitted to the Corps of Engineers on, or before, December 31 of each monitoring year. 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 sites. Completion of the Year 2007 First Year Mitigation Monitoring was within ECO's Construction Phase scope of services specified in Contract Amendment No. 2. In 2007, ECO established forty-seven (47) monitoring stations, completed the required monitoring at the WSIP Wetland Mitigation Site, completed the monitoring report, and submitted the report to the Corps of Engineers by the December 31, 2007 deadline. The CITY'S WSIP Nationwide Section 404 permit (permit No. 14207-1) was issued on October 30, 2007 due to the relocation of approximately 130 linear feet of Goose Creek associated with construction of the outfall structure for the West Side Wastewater Treatment Facility. The CITY is required to mitigate for the unavoidable impacts to 0.02 acres of "waters of the Untied States" by planting trees along a riparian buffer zone near the outfall structure. Nationwide Section 404 permit No. 14207-1 requires the CITY to monitor the site for a period of three years and submit a total of two annual reports with photos on the first and third years, which will be 2008 and 2010. 4.1 ECO shall conduct annual monitoring at the CITY'S WSIP Wetland Mitigation Site through the year 2009, and complete and submit the monitoring reports 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 2009. 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 2009. 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 riparian buffer zone for monitoring years beyond 2009. 5. Part E — WSIP Wetland Mitigation Site Management, Planning, And Coordination - The CITY'S WSIP individual Section 404 permit (permit No. 14207) requires the CITY to manage the WSIP wetland mitigation site to meet defined Success Criteria and Performance Standards throughout the mitigation site monitoring period that extends through the end of 2013. To achieve this, site management, planning and coordination activities must include training of OMI personnel, hydrological controls, mowing, herbicide applications to control non-native invasive species, and prescribed burns to enhance the diversity of native plant community. 5.1 ECO shall make periodic site observations to evaluate status of general site hydrology, soils, and vegetation; and conformance with meeting mitigation performance standards; 5.2 ECO shall oversee scheduling and coordination of site management activities to include mowing, herbicide applications, prescribed burns, and hydrological controls; ECOamndNo3-011409.pdf 5 5.3 ECO shall provide technical advisory guidance to, and coordinate management activities with, OMI and Contractors; 5.4 ECO shall direct activities congruent with site permanent protection measures and restrictions specified in the 404 permit throughout the mitigation monitoring period through 2009 to meet performance standards required by Section 404 permit; 5.5 ECO shall meet with Little Rock District Corps of Engineers personnel as necessary for compliance evaluations; 5.6 ECO shall review and manage site data generated by OMI to include, surface water inundation and rainfall, seasonal operation of discharge events at weir structures, seasonal water storage within wetland cells, and seasonal vegetation management to control plant community succession during the 2009 mitigation monitoring period. 5.7 ECO shall provide WSIP Wetland Mitigation Site Management, Planning, and Coordination through the year 2009. 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 2009. 6. Period Of Service - The provisions of this Agreement have been agreed to in anticipation of the orderly progress of the WSIP through completion of the services stated in the Agreement. ECO will proceed with providing the authorized services immediately upon receipt of written authorization from CITY, as follows: 6.1 The period of service for Part A Project Administration And Management shall commence immediately upon execution of Amendment No. 3 shall not extend beyond December 31, 2009. 6.2 The scope of services for Part B Contract WL -8 shall commence immediately upon execution of Amendment No. 3 and shall not extend beyond March 30, 2010. 6.3 Part C services for renewal requirements of WSIP stormwater and 404 permit shall commence immediately upon execution of Amendment No. 3 and shall not extend beyond August 2009. 6.4 Services for Parts D and E shall commence immediately upon execution of Amendment No. 3 and be annualized to not extend beyond December 31, 2009. 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 Due to ECO completing the majority of the services described under Amendment No. 2 below budget, by an amount of $153,1 17, portions of Part A through Part E can be completed under the Amendment No. 2 budget and will not be a part of the Amendment No. 3 budget. This represents a change in scope to extend authorization of ECO's services for portions of Part A through Part E to December 31, 2009, but not an increase in cost for Amendment No. 2 environmental consulting services provided by ECO. Upon authorization of ECO to proceed with these services under Amendment No. 2, ECO will proceed with completion of services, and apply a portion of the Amendment No. 2 budget toward portions of Part A through Part E. For the authorization of the amended scope of services, the total payment shall be a lump sum from the Amendment No. 2 ECOamndNo3-011409.pdf 6 budget previously approved by the City Council "not to exceed" amount of ONE HUNDRED AND THIRTY THREE THOUSAND ONE HUNDRED AND SEVENTEEN U.S. DOLLARS ($133,117) AND THE AMENDMENT NO. 2 EXISTING CONTINGENCY OF TWENTY THOUSAND U.S. DOLLARS ($20,000). This figure represents a "savings" of services provided by ECO under the Amendment No. 2 scope whereby $153,117 of the remaining Amendment No. 2 budget will be applied toward the Amendment No. 3 scope and services that are currently authorized under the Amendment No. 2 scope. 7.2 For completion of the remaining portions of Part A through Part E, the total payment for Amendment No. 3 to Basic Services of ECO to extend to December 31, 2009, shall be a lump sum "not to exceed" amount of FIFTY NINE THOUSAND AND SIXTY-SEVEN U.S. DOLLARS ($59,067). BASIC SERVICES COST DETAIL The totals estimated costs for Amendment No. 2 and Amendment No. 3 services for 2008-2009 to be provided by ECO that will not extend beyond December 31, 2009 are as follows: ECO SCOPE Proposed 2008-2009 to be authorized to be paid under Amendment No. 2 budget* Proposed 2009 to be paid under Amendment No. 3 budget PART A - Project Administration & Management $2,430* $3,500 PART B — Contract WL -8 Design/Construction/Post- Construction Services $17,170* $24,384 PART C — WSIP Updates And Renewed Section 404 Storm Water Permit/SWPPP Permit $71,184* $4,612 PART D — Basic Stream Mitigation Contract Site Monitoring Fees for WSIP Wetland And $49,601* $22,651 PART E — Basic Mitigation Site Management, Contract Fees Planning, for 2009 WSIP Wetland and Coordination $ 12,732* $3,920 Totals $153,117* $59,067** * Proposed fees to be authorized to be paid under the Amendment No. 2 budget do not represent an increase in cost, but represent a change in the scope for services described within the Amendment No. 3 scope to be authorized to be paid under the remaining Amendment No. 2 budget. The figure of $153,117 represents a "savings" of the Amendment No. 2 budget of $133,117 plus the Amendment No. 2 contingency of $20,000 for services provided by ECO that will be applied toward the Amendment No. 3 scope. **The $59,067 figure represents a new appropriation. 7.4 The bid price shall remain good and firm for a minimum of one calendar year of which time begins at the date of resolution upon council approval. Contract will be subject to review and renewal for four (4) additional one-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 ECOamndNo3-OI1409.pdf 7 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 SA Benton, Arkansas 72019 This Amendment No. 3 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 OPE IONS, IN By: Bruce Shackleford,acPresid nt Date: �/ // (29 CITY OF F - YETTEVILLE, ARKANSAS B Date: ATTEST: By: Date: eld Jor 1 an 4r or a/3 /09 Son ra Smith, Cly Clerk a//% 9 •s):• • • S . orf- • •�, U: •,13 E , FAYEfTEVILLE • 4% :a "d,S,•N'QKANSP•Jam; ��'''t'cro; C(3•N . 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. 3 To Agreement For Environmental Consulting Services ECOamndNo3-011409.pdf 8 ''"',,,1111,111,,,•`. David Jurgens Submitted By City of Fayetteville Staff Review Form City Council Agenda Items or Contracts 3 -Feb -09 City Council Meeting Date kes- as/g/07 oy LCD Amami- AM, n2emtNc 3 Wastewater System Impry Project Water/Wastewater Division Action Required: Department Approval of contract amendment 3 to the Engineering contract with Environmental Consulting Operations, Inc., (ECO) in the amount of $79,067, for final and post -construction and monitoring phase services for remaining WSIP work relating to regulatory and environmental issues including Corps of Engineers, wetlands, and storm water permits, using $59,067 of project funding and $20,000 of previously approved contingency $59,067 Cost of this request 4l go.W o, 5315.00 Account Number 02133!0,31 Project Number Budgeted Item XX 46, 262, 358 Category / Project Budget 35,616,539 Funds Used to Date 10,645,819 Remaining Balance Budget Adjustment Attached Wastewater System Imp Project Program Category / Project Name Water and Wastewater Program / Project Category Name Water/Sewer Fund Name Departr ie t D redtor 1 OC) Date City Attorney 'pow4, Q _ LL Financ and Internal Service Director ayor Date Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: 4515 9/16/2003 9 Received in4at4lerk's Office Received in Mayor's Office Comments: 1 Saye evi le ARKANSAS CITY COUNCIL AGENDA MEMO City Council Meeting of February 3, 2009 To: Fayetteville City Council Thru: Mayor Lioneld Jordan Fayetteville Sewer Committee From: David Jurgens, Water and Wastewater Director Date: 11 January 2009 Subject: Approval of contract amendment 3 to the Engineering contract with Environmental Consulting Operations, Inc., (ECO) in the amount of $79,067, for final and post -construction and monitoring phase services for remaining WSIP work relating to regulatory and environmental issues including Corps of Engineers, wetlands, and storm water permits, using $59,067 of project funding and $20,000 of previously approved contingency RECOMMENDATION City Administration recommends approval of an amendment to the Engineering contract with Environmental Consulting Operations, Inc., in the amount of $79,067, for construction and post -construction phase services for remaining WSIP work relating to regulatory and environmental issues including Corps of Engineers, wetlands, and storm water permits, using $59,067 of project funding and $20,000 of previously approved contingency. BACKGROUND ECO, Inc. has developed the wetlands and storm water protection best management plans and conducted excellent construction inspection for all aspects of the WSIP, and is the best qualified firm to ensure full - compliance with the related regulations and permits. Under their supervision, contractors working for the City have completed over $130 million in work without a single permit violation. DISCUSSION This amendment covers two primary work tasks. The first is for sewer lines and lift stations in the Owl Creek sewer basin which are being executed to address the growth and potential growth within that basin. The second is for long term monitoring of the wetlands. The intent from the beginning of the WSIP process was to execute the wetlands monitoring change order at the time it became necessary. Now is the time. The wetlands monitoring, in order to comply with the Corps of Engineers permit requirements, must last seven years. The intent is to identify the needs up front, but to execute a contract amendment each monitoring year to approve the appropriation for that year. Funding for these succeeding years will come from the Wastewater Treatment program. BUDGET IMPACT This change order is for $79,067. $20,000 will be used out of the existing contingency, thus requiring a new appropriation of $59,067. The remaining contingency will be reduced to $20,000. ECO Amend 3 CCMemo 6Jan09 RESOLUTION Na. A RESOLUTION APPROVING AMENDMENT No. 3 TO THE CONTRACT WITH ENVIRONMENTAL CONSULTING OPERATIONS, INC. (ECO) IN THE AMOUNT OF $79,067.00 FOR FINAL, POST -CONSTRUCTION AND MONITORING PHASE SERVICES FOR REMAINING WSIP WORK RELATING TO REGULATORY AND ENVIRONMENTAL ISSUES. 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. 3 to the contract with Environmental Consulting Operations, Inc. (ECO) in the amount of $79,067.00 for final, post - construction and monitoring phase services for remaining WSIP work relating to regulatory and environmental issues. A copy of Amendment No. 3, marked Exhibit "A," is attached hereto and made a part hereof. PASSED and APPROVED this 3rd day of February, 2009. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer AMENDMENT NO. 3 TO AGREEMENT FOR ENVIRONMENTAL CONSULTING SERVICES BETWEEN CITY OF FAYETTEVILLE, ARKANSAS AND ENVIRONMENTAL CONSULTING OPERATIONS, INCORPORATED FOR CONSTRUCTION AND POST -CONSTRUCTION PHASE ENVIRONMENTAL CONSULTING SERVICES FOR ENTIRE WSIP THIS AMENDMENT NO. 3 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 changes to requirements for environmental regulatory compliance and the scope of construction contracts in association with the CITY's WSIP. WHEREAS, changes to the WSIP implementation schedule, changes to the number and scope of WSIP construction contracts, upcoming expirations of WSIP environmental regulatory permits, and newly developed enviromnental regulatory requirements that are applicable to the WSIP, have therefore necessitated a change to the WSIP Design Phase and Construction Phase Basic Scope of Service provided to CITY by ECO. WHEREAS, the addition of Contract WL -8 (Owl Creek Lift Station, force main, and gravity sewer) to the WSIP necessitates Additional WSIP Design Phase/Construction Phase/Post Construction Phase Environmental Consulting Services; and WHEREAS, the expiration of the Arkansas Department of Environmental Quality (ADEQ) General Stormwater Permit for Construction Activities (ARR150000) on October 31, 2008, and the subsequent revision and reissuance of ARR150000, as applicable to the WSIP, necessitates Additional WSIP Design Phase/Construction Phase/Post Construction Phase Environmental Consulting Services; and WHEREAS, the WSIP individual Section 404 permit (permit No. 14207) initially required wetland mitigation site monitoring beyond the First Year Monitoring in ECO's scope of services, necessitates Additional WSIP Design Phase/Construction Phase/Post Construction Phase Environmental Consulting Services; and WHEREAS, the expiration of the WSIP individual Section 404 permit (permit No. 14207) on December 31, 2008 for the Westside Wastewater Treatment Facility and linework contracts, necessitates Additional WSIP Design Phase/Construction Phase/Post Construction Phase Environmental Consulting Services; and WHEREAS, the October 30, 2007 modification of the WSIP individual Section 404 permit (permit No. 14207) to require additional wetland mitigation and stream mitigation monitoring, necessitates Additional WSIP Design Phase/Construction Phase/Post Construction Phase Environmental Consulting Services. WHEREAS, ECO's Contract Amendment No. 3 Scope of Services will be to continue development and implementation of the WSIP Environmental Regulatory Program that is necessitated due to changes in environmental regulatory requirements and due to WSIP design changes. ECO's WSIP Contract ECOamndNo3-0I 1409.pdf Amendment No. 2 for WSIP Environmental Consulting Services was specified to apply to eight -teen (18) WSIP construction contracts, one year of wetland mitigation site monitoring, and a Period Of Service not to extend beyond February 2009. WHEREAS, revisions to WSIP contract scheduling will extend the WSIP Construction Phase through the year 2010, and the WSIP Design and Construction Phases have been revised to include Contract WL -8 (Owl Creek Lift Station and Force Main). The re -issuance of the WSIP ADEQ General Storm Water Permit For Construction Activities, WSIP Section 404 permit requirements for a total of seven years of wetland mitigation site monitoring, and the pending expiration of the WSIP Section 404 permit necessitate additional environmental consulting services. 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 individual 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 Contract WL -8— WSIP Contract WL -8 (Owl Creek Lift Station and Force Main) was not a part of the original WSIP contracts whereby 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 Construction Activities; a Short -Term Activity Authorization to be issued by ADEQ; and Section 401 Water Quality Certification to be issued by ADEQ. At the current time, it is anticipated the Contract WL -8 may be divided into three (3) separate contracts. ECO's services described below are based upon no more than three (3) contracts for WL -8. 2.1 Upon receipt of alignment drawings from Designer, ECO shall conduct Contract WL -8 design surveys 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. ECOamndNo3-OI 1409.pdf 2 2.2 ECO will prepare technical criteria, written descriptions, and applications necessary for filing applications for Contract WL -8 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. Actual filing and permit fees will be paid by CITY. ECO will assist CITY in consultations with appropriate authorities. 2.3 ECO will assist CITY in applying for and obtaining Contract WL -8 permits and approvals typically required by law for projects similar to the one for which ECO's services are being engaged. This assistance consists of completing and submitting forms required for the performance of certain services prior to commencement of construction. Specifically, this is to include Corps of Engineers Section 404 permit, the ADEQ General Stormwater Permit for Construction Activities, 401 Water Quality Certification, and a Short -Term Activity Authorization. 2.4 ECO will arrange for applicable Contract WL -8 environmental regulatory permit requirements to be transmitted to'CITY and WSIP Design Professionals who will be preparing bidding notices to be sent to Contractors. 2.5 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 Contract WL -8 (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. 2.6 ECO shall not be required to attend the Contract WL -8 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. 2.7 ECO shall not be required to attend the Contract WL -8 Pre -Construction Conference(s). 2.8 ECO will conduct no more than three (3) Contract WL -8 Environmental Training Sessions to address contract -specific environmental regulatory requirements. 2.9 ECO will conduct periodic (typically monthly) visual on-site observations of Contract WL -8 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. 2.10 Upon completion of Contract WL -8, 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. ECOamndNo3-0I 1409.pdf 3 3. Part C — WSIP Renewed Storm Water Permit And Section 404 Permit Extension - Stormwater discharges from the CITY's WSIP construction activities are authorized by the ADEQ General Stormwater Permit for Construction Activities (ARR150541). The general permit expired on October 31, 2008 and was revised and renewed with an effective date of November 1, 2008. The new permit states that existing permittees who are authorized at the time of the October 31, 2008 expiration date will be required to submit notification to ADEQ of their intent to be covered under this new permit within 60 days after the effective date of the renewed general permit, and to update any project SWPPP within 60 days from the effective date of this permit. These new requirements will be applicable to all WSIP construction contracts that were not completed prior to expiration of the previous general stormwater permit. Therefore, the CITY will be required to submit a Notice Of Intent for authorization under the renewed general permit and to update all SWPPPs for active WSIP contracts. The following WSIP contracts will remain as active contracts after expiration of the general permit: WL -9 — Cutover Demo, WL -10a — Fayetteville/Farmington Area Gravity Line Upper Section, WL -I2 — Farmington Lift Station 12 WL -Non -Critical Cutovers. EL -3 — Line 4 Town Branch to Happy Hollow, EL -5 — Line 15 South Mountain to Industrial Park, EP -3 — Noland Effluent Pump Station Aeration Basin. Furthermore, the CITY was issued individual Section 404 permit No. 14207 by the Little Rock District Corps of Engineers on March 10, 2005 for discharges of fill materials into "waters of the United States" associated with the West Side Wastewater Treatment Facility and the westside line work contracts. The CITY's WSIP 404 permit No. 14207 will expire on December 31, 2008. A portion of the west side linework WSIP construction contracts will not be completed until after the CITY's 404 permit No. 14207 will expire. Therefore, the CITY will be required to submit a request for an extension to 404 permit No. 14207. It is anticipated that the following west side line work WSIP contracts will need authorization for discharges of fill material into "waters of the United States" after expiration of the CITYs 404 permit No. 14207: WL -10a — Fayetteville/Farmington Area Gravity Line Upper Section, WL -11 — Farmington Force Main from LS 12 to West Side WWTP, Non -Critical Cutovers. 3.1 ECO shall prepare a Notice Of Intent to notify ADEQ of CITY'S intent for applicable WSIP contracts to be authorized under the renewed ADEQ General Stormwater Permit For Construction Activities and to update seven (7) SWPPPs for the seven (7) applicable WSIP contracts within 60 days of the effective date of the renewed general permit, as required. 3.2 ECO will communicate new requirements of the renewed general permit to CITY, Design Professionals, and Contractors. 3.3 ECO will prepare a request for an extension to the CITY's WSIP 404 permit No. 14207 for submittal to the Little Rock District Corps of Engineers and convey documents associated with the extended 404 permit to CITY and applicable Design Professionals, and Contractors. • ECOamndN o3-0 1 1409.pdf 4 NOW THEREFORE, the CITY and ECO agree to amend Section 2 of the Agreement to include "ANNUAL SERVICES of ECO" as follows: 4. Part D — WSIP Wetland And Stream Mitigation Site Monitoring - The CITY'S WSIP individual Section 404 permit (permit No. 14207) requires wetland mitigation site monitoring for a period of seven years after the first growing season following completion of the mitigation work. The mitigation work was completed in 2006 and the first growing season thereafter was the calendar year 2007. Therefore, the seven monitoring years include 2007 through 2013. For each monitoring year, the CITY'S WSIP 404 permit requires the completion of an annual monitoring report that shall be submitted to the Corps of Engineers on, or before, December 31 of each monitoring year 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 sites. Completion of the Year 2007 First Year Mitigation Monitoring was within ECO's Construction Phase scope of services specified in Contract Amendment No 2 In 2007, ECO established forty-seven (47) monitoring stations, completed the required monitoring at the WSIP Wetland Mitigation Site, completed the monitoring report, and submitted the report to the Corps of Engineers by the December 31, 2007 deadline. The CITY'S WSIP Nationwide Section 404 permit (permit No. 14207-1) was issued on October 30, 2007 due to the relocation of approximately 130 linear feet of Goose Creek associated with construction of the outfall structure for the West Side Wastewater Treatment Facility. The CITY is required to mitigate for the unavoidable impacts to 0.02 acres of "waters of the Untied States" by planting trees along a riparian buffer zone near the outfall structure. Nationwide Section 404 permit No. 14207-1 requires the CITY to monitor the site for a period of three years and submit a total of two annual reports with photos on the first and third years, which will be 2008 and 2010. 4.1 ECO shall conduct annual monitoring at the CITY'S WSIP Wetland Mitigation Site through the year 2009, and complete and submit the monitoring reports 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 2009. 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 2009. 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 riparian buffer zone for monitoring years beyond 2009. 5. Part E — WSIP Wetland Mitigation Site Management, Planning, And Coordination - The CITY'S W S1P individual Section 404 permit (permit No. 14207) requires the CITY to manage the WSIP wetland mitigation site to meet defined Success Criteria and Performance Standards throughout the mitigation site monitoring period that extends through the end of 2013. To achieve this, site management, planning and coordination activities must include training of OMI personnel, hydrological controls, mowing, herbicide applications to control non-native invasive species, and prescribed bums to enhance the diversity of native plant community. 5.1 ECO shall make periodic site observations to evaluate status of general site hydrology, soils, and vegetation; and conformance with meeting mitigation performance standards; 5.2 ECO shall oversee scheduling and coordination of site management activities to include mowing, herbicide applications, prescribed bums, and hydrological controls; ECOamndNo3-011409.pdf 5 5.3 ECO shall provide technical advisory guidance to, and coordinate management activities with, OMI and Contractors; 5.4 ECO shall direct activities congruent with site permanent protection measures and restrictions specified in the 404 permit throughout the mitigation monitoring period through 2009 to meet performance standards required by Section 404 permit; 5.5 ECO shall meet with Little Rock District Corps of Engineers personnel as necessary for compliance evaluations; 5.6 ECO shall review and manage site data generated by OMI to include, surface water inundation and rainfall, seasonal operation of discharge events at weir structures, seasonal water storage within wetland cells, and seasonal vegetation management to control plant community succession during the 2009 mitigation monitoring period. 5.7 ECO shall provide WSIP Wetland Mitigation Site Management, Planning, and Coordination through the year 2009. 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 2009. 6. Period Of Service - The provisions of this Agreement have been agreed to in anticipation of the orderly progress of the WSIP through completion of the services stated in the Agreement. ECO will proceed with providing the authorized services immediately upon receipt of written authorization from CITY, as follows: 6.1 The period of service for Part A Project Administration And Management shall commence immediately upon execution of Amendment No. 3 shall not extend beyond December 31, 2009. 6.2 The scope of services for Part B Contract WL -8 shall commence immediately upon execution of Amendment No. 3 and shall not extend beyond March 30, 2010. 6.3 Part C services for renewal requirements of WSIP stormwater and 404 permit shall commence immediately upon execution of Amendment No. 3 and shall not extend beyond August 2009. 6.4 Services for Parts D and E shall commence immediately upon execution of Amendment No. 3 and be annualized to not extend beyond December 31, 2009. 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 Due to ECO completing the majority of the services described under Amendment No. 2 below budget, by an amount of $153,117, portions of Part A through Part E can be completed under the Amendment No. 2 budget and will not be a part of the Amendment No. 3 budget. This represents a change in scope to extend authorization of ECO's services for portions of Part A through Part E to December 31, 2009, but not an increase in cost for Amendment No. 2 environmental consulting services provided by ECO. Upon authorization of ECO to proceed with these services under Amendment No. 2, ECO will proceed with completion of services, and apply a portion of the Amendment No. 2 budget toward portions of Part A through Part E. For the authorization of the amended scope of services, the total payment shall be a lump sum from the Amendment No. 2 ECOamndNo3-01 1409.pdf 6 budget previously approved by the City Council "not to exceed" amount of ONE HUNDRED AND THIRTY THREE THOUSAND ONE HUNDRED AND SEVENTEEN U.S. DOLLARS ($133,117) AND THE AMENDMENT NO. 2 EXISTING CONTINGENCY OF TWENTY THOUSAND U.S. DOLLARS ($20,000). This figure represents a "savings" of services provided by ECO under the Amendment No. 2 scope whereby $153,117 of the remaining Amendment No. 2 budget will be applied toward the Amendment No. 3 scope and services that are currently authorized under the Amendment No. 2 scope. 7.2 For completion of the remaining portions of Part A through Part E, the total payment for Amendment No. 3 to Basic Services of ECO to extend to December 31, 2009, shall be a lump sum "not to exceed" amount of FIFTY NINE THOUSAND AND SIXTY-SEVEN U.S. DOLLARS ($59,067). BASIC SERVICES COST DETAIL The totals estimated costs for Amendment No. 2 and Amendment No. 3 services for 2008-2009 to be provided by ECO that will not extend beyond December 31, 2009 are as follows: ECO SCOPE Proposed 2008-2009 to be authorized to be paid under Amendment No. 2 budget* Proposed 2009 to be paid under Amendment No. 3 budget PART A - Project Administration & Management $2,430* $3,500 PART B — Contract WL -8 Design/Construction/Post- Construction Services $17,170* $24,384 PART C — WSIP Renewed Updates And Section 404 Storm WaterPermil/SWPPP Permit $71,184* $4,612 PART D — Basic Contract Stream Mitigation Site Monitoring Fees for WSIP Wetland And $49,601* $22,651 PART E — Basic Contract Fees for 2009 WSIP Wetland Mitigation Site Management, Planning, and Coordination $ 12,732* $3,920 Totals $153,117* $59,067** * Proposed fees to be authorized to be paid under the Amendment No. 2 budget do not represent an increase to cost, but represent a change in the scope for services described within the Amendment No. 3 scope to be authorized to be paid under the remaining Amendment No. 2 budget. The figure of $153,117 represents a "savings" of the Amendment No. 2 budget of $133,117 plus the Amendment No. 2 contingency of $20,000 for services provided by ECO that will be applied toward the Amendment No. 3 scope. **The $59,067 figure represents a new appropriation. 7.4 The bid price shall remain good and firm for a minimum of one calendar year of which time begins at the date of resolution upon council approval. Contract will be subject to review and renewal for four (4) additional one-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 ECOamndNo3-01 1409.pdf 7 1' 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. 3 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: Date: Sondra Smith, City Clerk 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. 3 To Agreement For Environmental Consulting Services ECOamndNo3-O11409.pdf 8