Loading...
HomeMy WebLinkAbout35-16 RESOLUTION,ffitlwi;#á,åw Wffiffi)W 1 13 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 35-16 File Number: 2016-0005 ENVIRONMENTAL CONSULTING OPER-A,TIONS, INC. AMENDMENT NO. 2: A RESOLUTION TO APPROVE AMENDMENT NO. 2 TO THE CONTRACT WITH ENVIRONMENTAL CONSULTING OPERATIONS, INC. IN THE AMOUNT OF $5O,OOO.OO FOR WETLANDS MITIGATION SITE MONITOzuNG AND MANAGEMENT THROUGH 2016 WHEREAS, Ordinance 5687, which was adopted on May 6,'2014, waived the requirement of formal competitive bidding and authorized a contract with Environmental Consulting Operations, Inc. for wetlands mitigation site monitoring and managemenlfor 2014; and WHEREAS, Section 3.2 of the contract provides that the contract may be renewed for additional one year terms upon mutual agreement of the City and Environmental Consulting Operations, Inc.; and WHEREAS, both the City and Environmental Consulting Operations, Inc. desire to amend the agreement with respect to the scope and cost of services and extend the amended contract through 2016. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, Ä,RKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves Amendment No. 2 to the contract with Environmental Consulting Operations, Inc. in the amount of $50,000.00 for wetlands mitigation site monitoring and management through 2016. PASSED and APPROVED on 21212016 Page 1 Printed on 2/3/16 File Number.. 2016-0005 Resolution 35-16 Attest: ú,r¿,^ ¿ l*-u- SondraEsmith':,{wott% ìÒi rp-vrrtÉV\uur ¡-= ø;rrñ Page 2 Pr¡nted on 2/3/16 ,ffiW Gity of Fayetteville, Arkansas Text File File Number: 2016-0005 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Agenda Date:21212016 ln Control: City Council Meeting Agenda Number: A. 5 Version: I Status: Agenda Ready File Type: Resolution ENVIRONMENTAL CONSULTING OPERATIONS, INC. AMENDMENT NO. 2: A RESOLUTION TO APPROVE AMENDMENT NO. 2TO THE CONTRACT WITH ENVIRONMENTAL CONSULTING OPERATIONS, INC. IN THE AMOLINT OF $5O,OOO.OO FOR WETLANDS MITIGATION SITE MONITORING AND MANAGEMENT THROUGH 2016 WHEREAS, Ordinance 5687, which was adopted on May 6, 2014, waived the requirement of formal competitive bidding and authorized a contract with Environmental Consulting Operations, Inc. for wetlands mitigation site monitoring and management for 2014; and WHEREAS, Section 3.2 of the contract provides that the contract may be renewed for additional one year terms upon mutual agreement of the Cíty and Environmental Consulting Operations, Inc.; and WHEREAS, both the City and Environmental Consulting Operations, lnc. desire to amend the agreement with respect to the scope and cost ofservices and extend the amended contract through 2016. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS : Section 1: That the City Council of the Cily of Fayetteville, Arkansas hereby approves Amendment No. 2to the contract with Environmental Consulting Operations, Inc. in the amount of $50,000.00 for wetlands mitigation site monitoring and management through 2016. City ol Fayetteville, Arkansas Page 1 Pilnted on 2/3/201 6 Tim Nyander City of Fayetteville Staff Review Form ä*å6-t#ü5 å-egístan File Ëû e f ,9ì t3n,r Èe! {-f e-\}"}-çJ City Council Meet¡ng Date - Agenda ltem Only N/A for Non-Agenda ltem L/6/2016 Utilities Director / Utilities Department Subm¡tted By Submitted Date Action Recommendation: Division / Department Staff recommends approval of Amendment No. 2 with Environmental Consulting Operations, lnc. (ECO, lnc.) in the amount of 550,000.00 for the ecological monitoring and adaptive management of Woolsey Wet Prairie in 2016. Budget lmpact: Project Number Budgeted ltem? Yes Does item have a cost? Yes Budget Adjustment Attached? NA Water and Sewer Project Title Current Budget 5 78,839.82 Funds obligated $ 23,839.82 Current Balance \ç 4\ trllli rtlt Item Cost S 50,000.00 Budget Adjustment Remaining Budget 5400.5120.531_5.00 Account Number N/A Fu nd N/A Previous Ordinance or Resolution # Ord. 5687 Original Contract Number: 2320 v20140710 ApprovalOr,"'@ Comments: Res. 20-15 CITY OF CITY COUNCIL AGENDA MEMO ARKANS MEETING OF TO: THRU: FROM: DATE: SUBJEGT; FEBRUARY 2,2016 Mayor and City Council Mayor Lioneld Jordan Tim Nyander, Utilities Director 7^/ January 5,2016 Professional Services Contract with ECO, lnc. RECOMMENDATION: Staff recommends approval of Amendment No. 2 with Environmental Consulting Operations, lnc. (ECO, lnc.) in the amount of $50,000.00 for the ecological monitoring and adaptive management of Woolsey Wet Prairie in 2016. BAGKGROUND: ECO, lnc. developed the wetlands and storm water protection best management plans and conducted excellent construction inspection for the WSIP, and was tasked to ensure full compliance with the related regulations and permits. Under their supervision, contractors working for the City completed over $135 million in work without a single permit violation. ECO lnc. also designed the wetlands mitigation site that was required by the Corps of Engineers, which has a mandated seven year monitoring and reporting period. Funding for these succeeding years comes from the Wastewater Treatment Operations Program. DISCUSSION: The contract covers the following work tasks for 2016: (1) Project Administration and Management; (2) Annual Ecological Restoration Monitoring; (3) Annual Adaptive Management Strategy; (4) Update Credit Tracking Ledger for Surplus Wetland Credits; The details of each of these work tasks are outlined within the proposed Amendment No. 2 between the City of Fayetteville and ECO, lnc. BUDGET/STAFF IMPACT: An appropriation of $50,000.00 is requested to pay for these services. This will be paid for within the budget of the Wastewater Treatment Operations Program. ATTAGHMENTS: Staff Review Form Amendment No. 2 and Executive Summary Ordinance 5687 Mailing Address: 113 W Mountain Street Fayetteville, AR 72701 www.fayettevi lle- ar. gov AMENDMENT NO. 2 TO AGREEMENT FOR ENVIRONMENTAL CONSULTING SERVICES BETWBEN CITY OF FAYETTEVILLE, ARKANSAS AND ENVIRONMENTAL CONSULTING OPERATIONS, INCORPORATED FOR WOOLSEY WET PRAIRIE ECOLOGICAL MONITORING AND MANAGEMENT ENVIRONMENTAL CONSULTING SERVICES THIS AMENDMENT NO. 2 to the Agreement For Professional Environmental Consulting Services, dated May 8,2014 (the "Agreement"), by and between CITY OF FAYETTEVILLE, ARKANSAS (CITY) and ENVIRONMENTAL CONSULTING OPERATIONS, INC. (ECO) for environmental consulting services in connection with monitoring and ecological adaptive management of CITY's wetland mitigation site (Site) known as Woolsey Wet Prairie is made and entered into for purposes of continuity of Site wetland habitat status in order to maintain surplus wetland credits generated at Site and due to Corps of Engineers (Corps) regulatory requirements to manage and maintain wetland compensatory mitigation in perpetuity to assure Site continues to meet ecological performance standards. WHEREAS, this AMENDMENT NO.2 is a renewal of the May 8, 2014 Agreement that included a provision for automatic renewal of ECO's annual Scope of Services beyond 2014 for additional 1-year terms upon mutual agreement by both CITY and ECO. 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 an authorized representative of the CITY and ECO. All work to be performed prior to issuance of Amendment has been completed. NOW THEREFORE, the CITY and ECO agree to amend the Agreement for ECO's Scope of Services as follows: 1. Part A - Project Administration And Management a) General administration and project management activities; b) Perform project initiation activities; c) Provide environmental regulatory and technical information to CITY and CITY Contractors; d) Meet with CITY and CITY Contractors for information exchange, goal and timeline setting, reviewing management strategies and action items; e) Perform internal project control including budgeting, scheduling, and quality control; f) Part A applies to January through December 2016. ECO's renewal of annual Scope of Seruices will be reviewed by the City Council and amended upon approval for renewal of Part A services beyond 2016. l22l l5-ECO WWP Amnd No. 2.pdf 2.Part B - Annual Ecological Restoration Monitoring a) Conduct qualitative monitoring activities twice annually to maintain cumulative plant species lists, evaluations of seasonal hydrology and associated plant communities, and identification of stands of invasive plant species to be controlled; b) Observe and document total plant species richness for each wetland cell and the total mitigation Site in historical comprehensive plant species lists; c) Record locations of concentrated stands of non-native plant species and locations of rare Arkansas Natural Heritage Commission tracking plant species on wetland cell maps; d) Develop 2016 Woolsey Wet Prairie Adaptive Management Strategy & Monitoring Report No. 10 that is consistent with historical monitoring and management activities at Site in a format to be used for Site adaptive management purposes; e) Part B applies to January through December 2016. ECO's renewal of annual Scope of Services will be reviewed by the City Council, and amended upon approval for renewal of Part B services beyond 2016. 3. Part C - Annual Adaptive Management Strategy a) Continued development and implementation of annual strategy for specific controls of invasive species via selection, coordination, and scheduling of time sensitive hydrology controls, herbicide applications, mowing, hand pulling, and prescribed burning; b) Make Site visits throughout the growing season to make observations of hydrology, vegetation, and effectiveness of invasive vegetation control; c) Oversee selection, scheduling, and coordination of Site adaptive management activities and provide guidance pertaining to Site Deed-Restrictive Covenant restrictions to CITY and CITY's Contractors associated with management of Site; d) Provide restoration ecology advisory technical guidance to CITY and CITY's Contractors associated with management of Site for the pulpose of implementation of Site management activities that are compliant with Site permanent protection measures and restrictions specified in the CITY's Section 404 permit; e) Document and maintain records of adaptive management activities implemented and the date ofuse; f) Make adjustments, as necessary, to timing and type of vegetation management to be implemented including, but not restricted to, hydrology management, mowing, herbicide applications, prescribed burning, and hand pulling of invasive plant species; g) Utilize wetland cell maps showing locations of concentrated stands of non-native plant lZzlls-ECO Wì¡/P Amnd No.2.pdf species and locations of rare Arkansas Natural Heritage Commission tracking plant species in order to latgef and prioritize areas for specific management activities; h) Develop herbicide application specifications that include specific types of herbicides to apply to specific invasive plant species; i) Schedule and select fype of herbicide, adjuvant, and application rate to be used for specific targetnon-native invasive plant species at specific locations and document herbicide effectiveness; j) Coordinate, schedule, and observe areas where herbicide applications have been made to evaluate effectiveness for controlling invasive species; k) Develop bum specifications that clearly identify prescribed Burn Contractor responsibilities as a part of CITY's informal bid process that identif,i: Site preparation' notifications, and Burn Contractor responsibilities ; 1) Coordinate, schedule, and observe prescribed burn to evaluate Burn Contractor's conformance with state laws, notifications, and specifications; rn) Part C applies to January through December 2016. ECO's renewal of annual Scope of ServiceJwill be reviewed by the City Council, and amended upon approval for renewal of Part C services beyond 2016. 4.PartD - Update credit Tracking Ledger for surplus wetland credits a) Site has generated surplus of wetland credits above those required by CITY's Section 404 permit foì wetland compensatory rnitigation. CITY has received Corps approval to use wetlând credits to mitigate for wetland impacts caused by the CITY's infrastructure improvement projects within Illinois River watershed, HUC i 1110103; b) Under the 2014 Scope of Services, ECO developed a wetland credit ledger to include surplus credits and credit debits from CITY's Van Asche Extension Project for submittal to Corps; c) Under the 2015 Scope of Services, ECO developed a wetland credit ledger to inclùde surplus credits and credit debits from CITY's Clabber Creek Recreational Trail Project for subrnittal to Corps; d) It is unknown at the current time, whether or not Part D services will be necessary for January through December 2016, andwill be a function of whether or not su¡plus credit transactions occur. Should 2016 wetland credit transactions occur, ECO shall update wetland credit ledger accordingly for submittal to Corps at the end of 2016; e) ECO's renewal of annual Scope of Services will be reviewed by the City Council, and amended upon approval for renewal ofPart D services beyond 2016. l22l l5-ECO WWP Amnd No. 2.Pdf 5. COMPENSATION a) For the amended Scope of Services described herein, CITY agrees to pay ECO the sum specified below on Cost Detail Table. The total payment shall be a lump sum "not to exceed" amount of FIFTY THOUSAND U.S. DOLLARS ($50,000.00). The CITY and ECO intending to be legally bound, indicate their approval of this AMENDMENT No. 2by their signatures below. ENVIRONMENTAL CONSULTING CITY OF FAYETTEVILLE OPERATIONS,INC. Bruce Shackleford, President Datetlàqqqqbq2l2gl5 ATTEST: lrrttl,l [rfr¡¡ By: -'4.-j\l-. .\' /rrì. "Ð'A = -. FAYETTEVILLE: =o5 Amendment No. 2 - 2016 Cost Detail Amended ECO SCope,of Services ,Fee-.Estimate Part A - 2016 Project Administration And Management s 2.000 Part B - 2016 Annual Ecological Restoration Monitorine $20,000 Part C - 2016 Annual Adaptive Management Stratesy $28,000 Part D - 2016 Update Surplus Wetland Credit Trackins Ledser $0 TOTAL.' 50ilO0,00;, o"t", å -E-âolt¿ ---\"',$Ìçåk?'å?:%%,fsitilffí; YQj,--By: --2.f.zi;tlrr o*.É,$$o ate: z - I- n,À3þ o53 å-otá ,r|,fr; ¿r¿#iåïEtÈs;i,1IP,l";ñ End of December zt,z0tsA*;i'áttürt¿ììi'No. z for Environmentat Consulting Services Sondra E. Smith, City Clerk/Treasurer l22rl5-ECO WWP Amnd No.2.pdf ORD- @ 1988-2010 ACOFD CORPOFATTON. Ail rights reserved. ASORD" CERTIFICATE OF LIAB¡LITY INSURANCE oaE (MmoÃYw) 4/22/20Ls THls cERTlFlcarE ts tssuEo As A MAfiER oF TNFoRMATToN oNLy aND coNFERS No RTcHTS upoN THE cERTTFTcATE uor_orn-lliECERIIFICATE DOES NOT AFFIRMATIVELY OR NEGÂTIVELY AMEND, EXTEND OR ALTER THE COV€RAGE AFFORDED BY THE POLICIESBELOW- THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE |SSUING TNSURER(S), AUTHOHIZEDREPRESENTATIVE OR PRODUCEF, AND THE CERTIFICATE HOLDER. lMPoRTANT:l'lhecertil¡cateholder¡sanADDlTloNALlNSURE the terms and condil¡ons of the pol¡cy, certain polic¡es may require an endorsement. A slatement on this certit¡cate dæs not confer iights to thecerl¡f¡cate holder in lieu of such endorsement(s). PRODUCEB The thomas InsuraDce Agency of Benton, Inc. 114 East Conway Street P. O. Box 49 Benton AR 72O18-OO49 fif,ffllcr carol Àlexander (5oL)774-9r62 | ljf, *^,.1sor¡rre_osrr calexanderethonas ins . net INSURER{S) AFFOBDING COVERAGE NAIC 'rNsuBEB a :Peerless IndemiÈv Ind - Co 8333 INSURED Environmental Consulting Operations, Inc. 17724 Interstate 30 Suite 5A Benton ÀR 72019 rNsuRER B :cmeroa Insurance comDanv 17 )1 lrusunencÂmerica First Insurance )6q o:The Netherlands Ins. Co. rNsuRER E:Ìfestchester Fire rHls ls ro oERTIFY THAI THE PollclES oF INSURANCE LlsrED BELow HAVE BEEN tssuEo To rxE l¡lsuneo ¡'¡¡¡'¡¿o neótÈ FOR-HE polEV-FEFlıı INDICATED. NOTWITHSTANDING ANY REOUIREMENI, TERI\I OR CONDITION OF ANY CONTRACT OR OTHER DOCUI\4ENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS ANO CONDITIONS OF SUCH POLIC¡ES. L¡MITS SHOWN I\¡AY HAVE BEEN REDUCED BY PAID CLAIMS RCIAL GENEML LABILITY curMS-MADE [] o""r* GEN'L AGGREGATE LIMIT / to/2075 / 7/2016 / 70/2016 ProfessionaJ. I.iability conracbrs Pôllu tiabAgg 2, OOO, conuaclors Pollu L¡abocc 1, OOO, DESCRIPTION OF OPERAIONS / LOcAnoNs / VEHICLES (Anach ACOBD 101, Add¡tlonâl Rffiarks *hdute, ¡t morê space ts rqukd) jessie. strongGwestfraser. c l{est Fraser, Imc. 502 Olin AvenueHuttig, AR 7174'1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE wlTH THE POLICY PROVISIONS, AUNOFIZED REPAESEMANVE paur chir.dress/cArEx ?o*-p -¿ <?R;-çl*- l22ll5-ECO WWP Amnd No. 2.pdf Th ÂnôÞn ñâñô ând l^^^ 2'Þ ra^icrÂ'ôd ñâ?Lc ñf ÂtìôCn Execqtiv€_Sunqnqeryi Woo Wet irie Annual Ecolosical Monitori and A tive ment Overview & Background The Woolsey Wet Prairie Sanctuary was established by the City of Fayetteville as part of wetland compensatory mitigation requirements under Section 404 Permit 1+ZOl issued by the U.S. Army Corps of Engineers Little Rock District. The 43.8- acre mitigation site was constructed to offset the permanent alteration of 1.92 acres of wetlands from construction of the City's Wastewater Systems Improvement Project (WS1p). The Section 404 Permit required 73.57 wetland credits to be genetated at the mitigation site to offset wetland losses from the WSIP. To date, a total of 94.47 mitigation credits have been generated, producing a surplus of 20.90 credits- On September 30, 2013, after numerous conferrals with ECO, Inc., the City of Fayettèville received a special one-oÊa-kind approval from the Corps to use the 20-.90 surplus wetland ciedits for city infrastructure projects that require wetland .orrrp"rrátory mitigation within the Illinois River Watershed. To date, surplus wetlãnd credits have been used for the City's Van Asche Drive Extension Project and the Clabber Creek Recreational Trail Project, saving the City thousands of dollars. Environmental Consulting Operations, Inc. (ECO, Inc.) developed the wetlands and stormwater permitting Best Management Practices Plans and conducted excellent construction inspection for the WSIP and was tasked to ensure full compliance with related regulations and permits. Under their supervision, contractors working for the city completed over $135 million in work without a single permit violation. ECO, Inó. also designed the wetlands mitigation site that was required by the Corps of Engineers, which had a mandated monitoring and reporting period, and maintains the required wetland credit ledger to track the use of surplus wetland credits by the City of Fayetteville. l;nder ECO, Inc.'s adaptive management strategy, the mitigation site has a current plant species list totalin g 468 species, a ten-fold increase beyond the 47 plant species ãbserved in2004. This species diversity continues to grow with 18 new species being added from2014 to 2015. Ten species at the site are tracked by the Arkansas Natural Heritage Commission as species of state conservation concern. Nonetheless, persistent invasive species are present at the site, requiring continued monitoring and adaptive management activities ECO, Inc.'s May 8, 2014 Agreement For Professional Environmental Consulting Sewices covered the following work tasks for 2014, and as amended in 2015: (l) Annual Ecological Restoration of Existing Mitigation Site; (2) Annual Adaptive Management Strategy for Existing Mitigation Site; (3) Development of Credit Tracking Ledger for Surplus Wetland Credits; (4) Provide environmental regulatory and technical information to the City of Fayetteville and City Contractors. The details of each of these work tasks are outlined within the propos ed 2016 contract between the City of Fayetteville and ECO, Inc. in Parts A, B, C, and D of the proposed contract. The May 8,2014 Agreement and the 2015 Amendment No. 1 to the Agreement contained the following provision: Agreement will automøticølly renew for additionul l-year terms upon mutual agreement by both CITY ønd ECO. CITY møy consider annuøl ødjustment of prices ønd fees limited to an annual adjastment 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 curuent term. Contrøct renewals øre subject to budget availøbility. The price reflected within the proposed2016 Amendment No. 2 to the May 8, 2014 Agreement is slightly less than the 2015 Amendment No. i . ECO, Inc. possesses the very specialized technical and regulatory skills and site- specific knowledge to complete these tasks for the purpose of meeting Corps of Engineers mandated mitigation performance standards and to maintain the existing surplus wetland credits for use in future city infrastructure improvements that require compensatory wetland mitigation. ORDINANCE NO. 5687 AN ORDINANCE WAryING THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVING AN AGREEMENT WTTH ENVIRONMENTAL CONSULTING OPERATTONS, INC. FOR WETLANDS MITIGATION SITE MONITORING AND MANAGEMENT FOR 2OI4IN THE AMOUNT OF $33,000.00 WHEREAS, Environmental Consulting Operations, Inc. (ECO) developed the wetlands and storm water protection best management plans and conducted excellent construction inspection for the Wastewater System Improvement Project; and WHEREAS, under the supervision of ECO, contractoïs working for the City completed over $135 million in work without a single permit violation; and \ilHEREAS, ECO also designed the wetlands mitigation site that was required by the Corps of Engineers. NO\il, THER.EFORE, BE IT ORDAINEÐ BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARr(ANSAS: Section 1-. That the City Council of the City of Fayetteville, Arkansas hereby finds that such circumstances constitute an exceptional situation where competitive bidding is deemed not feasible or practical, and therefore waives the requirements of formal competitive bidding and authorizes the Mayor to execute an agreement \¡iith Environmental Consulting Operations, Inc. for wetlands mitigation site monitoring and management for 2014 in the amount of S33,000.00. PASSED and APPROVED this 6e day of May,2014. E. SMITH, City C ATTEST: Gity of Fayetteville ltem Review Form 2A14-0240@ Mav 6 2a1! City Council Meeting Date - Agenda ltem Only N/A for Non.Agenda ltem Don Marr Utilities Division Submitted By Department Action Required: An Ordinance to waive competitive bidding and approve a contract lor 2014 with the option to renew for 2015 between the City of Fayetteville andEco lnc., for professional services to provide Annual Monitoring and development of ánnual maintenance plans for the Woolsey Wetland Prairie and to develop a Wetlands Credits traifing tool to be utilized by the City of Fayetteville for tracking Wetland Credits for City related projects. Does this item have a cost? l*" 1 $33,000.00 Cost of this request 5400.5120.5315.00 Account Number Project Number Category or Project Budget $0.00 WaterMastewater Program or Project Narne Wastewater Treatment Program or Poject Category Water and Sewer Fund Name $33,000.00 Funds Used to Date $0.00 Remaining Balance Budseted It**z @l Budget Adiustment Attached? l-l @ @'u"Previous Ordinance or Resolution # Original Contract Number: 4/ ur tg 'pJ q" lt*-R^^- \'LL* zar*( CITY OF ARKANSAS MEËTING OF MAY 6,2014 TO: THRU: FROM: DATE: Mayor and City Council Mayor Lioneld Jordan Don Mârr, Chíef of Staf $|{ April22,2O14 SUBJECT: Professional Services Contract REGOMMENDATION: Pass an ordinance for a bid waiver and approving a contract with Eco lnc. for professional services for $33,000.00 to be used specifically for wetlands mitigation site monitoring & management and environmental issues as required by the Gity of Fayeiteville, City Contractors, Corps of Engineers and ADEQ. Attached is a memo that outlines why we ECO lnc. qualifies as a sole source provider for this contract due to the extensive knowledge and work conducted on the Woolsey Wetland Prairie Mitigation Site. BACKGROUND: Eco, lnc. developed the wetlands and storm water proteclion best management plans and conducted excellent construction inspection for the WSIP, and was tasked to ensure full compliance with the related regulations and permits. Under their supervision, contractors working for the Ciiy completed over $135 million in work without a single permit violation. ECO lnc. also designed the wetlands mitigation site that was required by the Corps of Engineers, which has a mandated seven year monitoring and reporting period. Funding for these succeeding years comes from the Wastewater Treatment Operations Program DISCUSSION: The contract covers the following work tasks for 2014: (1) Annual Ecological Restoration Monitoring of Existing Mitigation Site; (2) AnnualAdaptive Management Strategy of Existing Mitigation Site; (3) Development of Credit Tracking Ledger for Surplus Wetland Credits; (4) Provide environmental regulatory and technical information to the City of Fayetteville and City Contractors; The details of each of these work task are outlined within the proposed contract between the City of Fayetteville and ECO lnc. in Parts A, B, G and Ðon pages 2 through 5 of the proposed contract. BUDGET/STAFF IMPACT: An appropriation of $33,000.00 is requested to pay for these services. This will be paid for within the cost of water/wastewater treatment operations program. CITY COUNCIL AGENDA MEMO Mailing Address: 113 W. Mountain Street Fayetteville, AR72707 www.fayettevi lle-ar. gov RE: BID \ryAIVER RT,QUEST-TECHNICAL SERVICES AGREEMENT WOOLSEY WET PRAIRIE WETLAND MITIGATION BANK Envifonmental CqÌrsulting Operations" Inc. gnuirott*"ntal Þermitting and Wetlands Mitigation Bank Approval and Design Services BACKGROT]ND As a part of the City of Fayetteville's revised Facility Planning for the Wastewater System Improvement Project (WSIP) the technical services of Environmental Consulting Operations, Inc. (ECO, Inc.) have been utilized since the year 2000 to address environmental permitting and compensatory wetland mitigation requirements. ECO, Inc. initially provided technical support services as a sub-consultant to McGoodwin, lflilliams and Yates,Inc. under the March 21,20t0 agreement between McGoodwin, Williams and Yates and the City of Fayetteville. The role of ECO, Inc. addressed the entire WSIP as a centralized holistic approach to the complex environmental permitting and compensatory wetlands mitigation under five design consultants f,rms. On August29,200| a Bid Waiver was approved for ECO, Inc. to contract directly with the City of Fayetteville for Design Phase and Construction Phase environmental regulatory permitting and compliance consulting services- As the WSIP evolved, ECO, Inc.'s contract was amended seven times, with the last amendment expiring on Decernber 31,2013. ECO, Inc. has fulfilled the scope of all contract work required and provided all the specified deliverables. ECO, Inc. provided competent and timely services relating to the Facility Planning Phases, besign Phase, Construction Phase, and Post-Construction Phase of the WSIP. The required compensatory wetland mitigation was of signiflrcant relevance to the WS1p. ECO, Inc-was highly involved in the mitigation process throughout all of the aforementioned WSIP phases and provided the following services: . Prepared NEPA-Environmental Information Document for WSIP Revolving Loan Fund ' Pariicipated in public meetings, environmental exposition, and rvorkshops to inform the public of the expected environmental benefits/effects of proposed WSIP . Obtained all WSIP environmental regulatory permits . Identified environmental features for entire WSIP ' Completed wetland delineations/restorationl404 permitting process fot26 rvetlands & 86 stream crossings. Characterized mitigation site baseline conditions ' Wetland preliminary mitigation planning and conceptual design. Initial404 permitting mitigation site selection process, Mitigation PIan development. Designed mitigation site ecological features. Developed mitigation site deed-restrictive covenant. Coordination and processing of required Contingency Plan and Financial Assurances for mitigation site. Developed mitigation site monitoring protocol. Conducted annual mitigation monitoring/submit reports to Corps (2007-2013). Developed/refined/eoordinated annual mitigation site adaptive manâgement (2006-2014). Developed environmental specifications for Bid Documents for 24 construction contracts. Developed environmental specifications for Bid Documents for wetland mitigation site. Construction Phase Regulatory Compliance Evaluations ' Trainingof 24 Contractors for environmental regulatory compliance For nine years, ECO, Inc. has managed ecological restoration activities at the City of Fayetteville's Woolsey Wet Prairie Sanctuary; transforming a severely degraded remnant prairie from47 plant species fo 432 plant species over a nine-year span, with no seeding. Eight of the plant species that re-appeared from the relict seed bank are listed as "species of concern" by Arkansas Deparlment of Natural Heritage. ECO, Inc. has-experience, expertise, and/or a working knowledge of: r Adaptive management for the ecological restoration of wetlands and prairies, ineluding preseribed burning, herbicide selection and use, mowing, hydrolory controls o Wetland mitigation design and construction o Wetl¿nd mitigation site monitoring including plant species identification and inventories . Development and evaluation of wetland mitigation soils, hydrology, and vegetation performance standards ¡ Development of Wetland Mitigation Plans r Mitigation bank regulations codified at Corps 33 Code of Federal Regulations (Cf'R) Parts 325 and 332 and the US EPA 40 CFR Part 230 r Assessment of Wetland Function and Value using Charleston Method adopted by the Little Rock District Corps of Engineers . Conducting wetland delineations following the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Eastern Mountains and Piedmont Region. . EPA and Corps proposed rule on 0g12512014 and 031241i014, respectively, for clarifïcation of jurisdictional waters of the United States. ORDINANCE NO. AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL COMPETITTVE BIDÐING AND APPROVING AN AGREEMENT WITH ENVIRONMENTAL CONSULTING OPERATIONS, INC. FOR WETLANDS MITIGATION SITE MONITORING AND MANAGEMENT FOR 2014 IN THE AMOUNT OF $33,000.00 \ryIIEREAS, Environmental Consulting Operations, lnc. (ECO) developed the wetlands and storm water protection best management plans and conducted excellent construction inspection for the Wastewater System Improvement Projec! and WHEREAS, under the supervision of ECO, contractors working for the City completed over $135 million in work without a single permit violation; and WHEREAS, ECO also designed the wetlands mitigation site that was required by the Corps of Engineers. NOW, TIIEREFORE, BE IT ORDAINEÐ BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section l That the City Council of the City of Fayetteville, Arkansas hereby finds that such circumstances constitute an exceptional situation where competitive bidding is deemed not feasible or practical, and therefore waives the requirements of formal competitive bidding and authorizes the Mayor to execute an agreement with Environmental Consulting Operations, Inc. for wetlands mitigation site monitoring and management for2074 in the amount of S33,000.00. PASSED and APPROVED this 6ú day of May, 2014. APPROVED:ATTEST: By: LIONELD JORDAF{, Mayor By: SO¡IDRA E. SMITH, City Clerk/Treasurer AGREEMENT FOR ENVIRONMENTAL CONSULTING SERVICES BET\ryEEN CITY OF FAYETTEVILLE, ARKANSAS ANÐ ENVIRONMENTAL CONSULTING OPERATIONS, INCOR?ORÀTED F'OR,WOOLSEY \ryET PRAIRIE ECOLOGICAL MONITORING AND MANAGEMENT ENVIRONMB,NTAL CONSULTING SERVICES THIS Agreement, dated April 20, 2014 is made by and between CITY OF FAYETTEVILLE, ARKANSAS, acting by and through its Mayor (hereinafter called CITY) and ENVIRONMENTAL C ON SULTING OPERATIONS, INCORPORATED (hereinaft er called ECO) with offices located in Benton, AR. WHEREAS, CITY established Woolsey TVet Prairie Sanctuary as part of wetland compensatory mitigation requirements under Section 404 Permit 14207 issued by the U.S. Army Corps of Engineers Little Rock District (Corps). The 41,65-acre mitigation site was constructed to offset the permanent alteration of 7.92 acres of wetlands from construction of the CITY's Wastewater Systems Improvement Project (ViSP). Ecological restoration activities via the use of an adaptive management strategy have restored the site to its original øll grass wetland prairie ecosystem that had been degraded for over a cenhrry. Recognizing that the site is a unique ecological and recreational resourceo and due to Corps regulatory requirements to manage and maintain the wetland compensatory mitigation in perpetuity, it is the CITY's intent to maintain and monitor ecological adaptive management activities at Woolsey Wet Prairie to assure that the site continues to meet ecological performance standards, hereinafter referred to as PROJECT. V/HEREAS, CITY has requested the scope of ECO's services to include PROJECT ecological monitoring and adaptive management environmental consulting services due to ECO's previous site-specific experience with planning, design, construction, management, monitoring, and regulatory requirements; and WHEREAS, ECO ¿grees to provide scope of services described herein. NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained, CITY and ECO, the parties hereto, stipulate and agree that the Agreement for Environmental Consulting Services is hereby executed in the following particulars: ECO shall serv€ as CITY's environmental consultant in those assignments to which this Agreement applies, and shall give consultation and advice to CITY during the performance of ECO's services. Applicable services shall be performed under the direction of an environmental professional qualified in the particular field. 1,0 - AUTHORIZATION OF SERVICES 1.1 Services on assignment contained herein shall be undertaken upon written authorization of CITY and agreement of ECO. ECO\ryWP2014-l5scope0420l4.pdf 1.2 ECO shall be authorized to perform environmental consulting services in corurection with the PROJECT, as hereinafter stated, which shall include normal environmental consulting services incidental thereto. 1.3 The environmental consulting services to which this Agreement applies are ^partof the PROJECT. ECO shall be authorized to coordinate activities and services with CITY and CITY'S Contractors, and applicable other parties that CITY may contract with for professional services as a part of the PROJECT. 1.4 Assignments may include services described hereafter as Basic Services or as Additional Services of ECO. 1.5 Changes, modifications or amendments in scope, price, or fees to this Agreement shall not be allowed without a formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, costs, fees, or delivery schedule. 2.0 - BASIC SERVICES OF ECO NOW THEREFORE, CITY and ECO agree that ECO shall provide environmental consulting services for City for PROJECT, as follows: 2.1Pafi A - Project Administration And Management a) ECO shall provide the following in association with PROJECT described herein: . General administration and project management activities; ' Perform project initiation activities;. Provide environmental regulatory and technical information to CITY and CITY Contractors;. Meet with CITY and CITY Contractors for information exchange, goal setting, setting timelines, reviewing management strategies and action items; . Perform ECO's internal project control including budgeting, scheduling, and quality control activities. b) Part A applies to May through December 2014 andJanuary through December 2015. ECO's renewal of annual scope of services will be reviewed by the City Council, and amended upon approval for renerval ofPart A services beyond 2014. 2.2PartB- Annual Ecological Restoration Monitoring of Existing Mitigation Site a) ECO,Inc. shall conduct qualitative monitoring activities twice annually. The spring monitoring event is typically conducted in June and the fall monitoring event is typically conducted in October or November. The scope shall include maintaining cumulative plant species lists, evaluations of seasonal hydrology and associated plant communities, and identification of stands of invasive plant species to be controlled. The total plant species richness is to be observed and documented for ÐCOWWP20t4-l5scope0420l4.pdf each of the wetland cells, and the total mitigation site plant species richness is to be documented and maintained in a historical comprehensive site plant species list. b) The locations of concentrated stands of non-native plant species are to be recorded on maps of each of the wetland cells. The locations of rare Arkansas Natural Heritage Commission tracking plant species are to be recorded on maps of each of the wetland cells. c) Subsequent to the fall monitoring event, an annual monitoring report shall be developed that is consistent with historical monitoring, management and reporting activities at the site. The report shall document annual monitoring activities and observations, and shatl be developed in a format to be used for site adaptive management purposes. Copies of the annual report are to be provided to CITY and CITY's Contractors associated with management of site. d) Part B applies to May through December 2014 andJanuary thlough December 2015. ECO's renewal of annual scope of services will be reviewed by the City Council, and amended upon approval for renewal ofPart B services beyond 2014. 23PartC - Annual Adaptive Management Strategy of Existing Mitigation Site a) ECO's scope shall include continued development and implementation of an annual strategy for specifie controls ofinvasive species via selection, coordination, and scheduling of time sensitive hydrology controls, herbicide applications, mowing, hand pulling, and prescribed burning. ECO \À/ill make several site visits throughout the growing season to make observations of hydrology, vegetation, and effectiveness of invasive vegetation control. ECO shall oversee selection, scheduling, and coordination of site adaptive management activities and provide guidance pertaining to site Deed-Restrictive Covenant restrictior¡s to CITY and CITY's Contractors associated with management of site. b) ECO will provide restoration ecology advisory technical guidance to CITY and CITY's Contractors associated with management of site for the purpose of implementation of site management activities that are compliant with site permanent protection measures and restrictions specified in the CITY's Section 404 permit. ECO shall document and maintain records of adaptive management activities implemented at the site and the date of use. c) The plant species community at the existing mitigation site evolves on a seasonal basis throughout the growing season and various non-native invasive plant species may emerge and flourish at various times within the growing season. This may vary significantly from year to year. Consequently, it is necessary to continue to make adjustments to the timing and type of vegetation management to be implemented. In general, the types of vegetation management tools include, but are not restricted to, hydrology management, mowing, herbicide applications, prescribed burning, and hand pulling of invasive plant species. ECOWWP20l4-1Sscope0420l4.Pdf d) ECO will utilize wetland cell maps showing locations of concentrated stands of non- native plant species and locations of rare Arkansas Natural Heritage Commission hacking plant species in order to target and prioritize areas for specif,rc management activities. e) ECO shall develop herbicide application specifications that include specific types of herbicides to apply to specific invasive plant species. . ECO shall schedule and select type of herbicide, adjuvant, and application rate to be used for specif,rc target non-native invasive plant speeies at specific locations and document herbicide effectiveness. . ECO shatl coordinate, schedule, and observe areas where herbicide applications have been made to evaluate effectiveness for controlling invasive species. Ð ECO shall develop burn specifications that clearly identiff prescribed Burn Contractor responsibilities, as a part of CITY's informal bid process. The burn specifications shall identify: ' Site preparation prior to commencement of prescribed burn' . Notifications prior to commencement of prescribed bum. . Burn Contracior responsibilities for implàmenting measures to keep prescribed fire contained and not escape to non-target areas. . Burn Contractor responsibilities for evaluating conditions under which a prescribed burn is to be conducted.r Burn Contractor responsibilities for required equipment and trained personnel to conduct the burn.. Burn Contractor responsibilities for post-burn "mop up" requirements to assure all embers and sparks are fully extinguished. . Burn Contractor responsibilities for conformance with state laws, notif,rcations, and specifications pertaining to the activity. ECO shall coordinate, schedule, and observe the prescribed burn to evaluate Bum Contractor's conformance with state laws, notifications, and specifications pertaining to the activity. g) Part C applies to May through December 2014 andJanuary through December 2015- ECO's renerval of annual scope of services will be reviewed by the City Council, and amended upon approval for renewal ofPart C services beyond 2014. 2.4PartD - Development of Credit Tracking Ledger for Surplus Wetland Credits a) After several years of monitoring at the mitigation site, ECO observed that the site had achieved a surplus of wetland credits above those required by CITY's Section 404 permit to offset the pennanent alteration of wetlands from construction of CITY's WSIP. In May of 2013,ECO started the process of getting CITY's 404 permit compensatory ECOWWP20t4-l5scope0420l4.Pdf mitigation requirements modified to reflect the actual V/SIP permanent alterations to wetlands and reduce the number of wetland credits required for compensatory mitigation. ECO met with the Corps to discuss CITY's use ofthe swplus credits. On September 30,2013, CITY received correspondence from the Corps stating that the 20.90 surplus wetland credits could be used to mitigate for wetland impacts generated by the City of Fayetteville within the lllinois River watershed, HUC I1110103. In summary, CITY can use the surplus wetland credits for firture CITY infrastructure improvements that involve permanent alterations to wetlands, but cannot sell the surplus credits to outside parties. It is anticipated that the remaining surplus credits will be used for a multitude of CITY infrastructure projects that will require Corps approval. Consequently, there is a need for CITY to develop a tracking system to maintain an accounting of the use and balance of surplus credits. Formal procedures for development of such a credit accounting system are specified in Title 33 of the Code of Federal Regulations, Part 332.8, as follows: Accounting procedures must be developedfor mitigation banlcs, ond have a provision requiring the spowor to esrablish and maintain ø ledger to accountþr all credit transactions. Each time an approved credìt transaction occurs, the sponsor must notîfu the Corps. The sponsor must compíle an annual ledger report showing the begínning and ending balance of available credits and permitted impactsþr each resource type, all additions and subtractions of credits, and any other changes in credit availability. The ledger report must be submined to the Corps as a part of the administratíve recordfor the surplus credíts. b) ECO shall:. Review applicable 33 CFR Part332.8 regulations pertaining to wetland crcdit accounting procedures, ' Develop a draft ledger to include original surplus credits and credit debits from Van Asche Improvements,. Prepare write up and confer with City regarding surplus credit accounting and reporting procedures,. Confer with Corps regarding surplus credit accountíng and reporting procedures and get concurrence on draft ledger, ' Prepare annual credit balance report for submittal to Corps at end of 2014. c) Part D applies to May thlough December 2014. ltis unknown at the current time whether or not Part D services will be necessary for January through December 2015. This will be a function of whether or not surplus credit transactions occw during 2015. ECO's renewal of a¡nual scope of services will be reviewed by the Cþ Council, and amended upon approval for renewal of Pa* D services beyond 2014. ECOw\ryP20¡ 4-l 5scope0420l 4.pdf 3. - COMPENSÄTION 3.1 For the Basic Services of ECO described herein, CITY agr€es to pay ECO the sum specihed below on the Tables I and2 Cost Detail Tables. The total payment shall be a lump sum "not to exseed" amount of EIGHTY THREE THOUSAND SEVEN HUNDRED AND SrXTY SrX U.S. DOLLARS ($83,766.00). Table I - 2014 Cost Detail Cost De 3.2 Fees will be charged on a labor and expenses basis that may not involve any specific allocation to any given Part. 3.3 Agreement will automatically renew for additional l-year terms upon mutual agreement by both CITY and ECO. CITY may consider annual adjustment of prices and fees limited to an arurual 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. 3.4 For the Scope of Services during the PROJECT described herein, CITY shall pay ECO the sum of the following: . For time expended by personnel, payment at the ECO standard hourly rates. Such rates include overhead and profit and maybe revised arurually. . For outside expenses incurred by ECO, such as authorized travel and subsistence, including food, lodging, cornmercial services, and incidental expenses, the cost to ECO plus 10% administrative and processing fee. 3.5 Monthly statements for each calendar month shall be submitted to CITY consistent with ECO's normal billing schedule. Statements for each calendar month will be submitted in electronic format simultaneously to CITY, followed by signed original document to CITY via US Postal Service. If any portion of ECO's statement ìs disputecl by CITY, Basic Services of ECO Fee Estimate Part A - Proiect Administration And Management s 950.00 Part B- Annual Ecolosical Restoration Monitoring s18,400.00 PartC - Annual Adantive Manasement Stratesy $10.410.00 Part D - Development of Surrrlus Wetland Credit Tracking Ledser $ 3.240.00 TOTAL $33.000.00 able I -?'U15 llenewalOntion ost tail Basic Services of ECO Fee Estimate Part A - Proiect Administration And Manasement $ 1,723.00 Part B- Annual Ecolosical Restoration Monitorins s20.633.00 Part C - Annual Adaptive Manasement Strategy s28.4i0.00 Part D - Development of Sumlus Wetland Credit Tracking Ledger unknown TOTAL $s0,766.00 ECOIVIüP2014-l 5scope042014.pdf the lndisputed portion shall be paid by CITY by the due date, CITY shall advise ECO in writing of the basis for any disputed portion of any statement. 4. - GENERAL CONSIDERATIONS 4.1 During the course of performance of Professional Services described herein, ECO shall maintãin (in United States Dollars) the rninimum insurance coverage indicated in attached insurance certificate. 4.2 Subject to the City Council approval, adjustment of the not-to-exceed amount may be made should ECó establish un¿ ClfV agree that there has been, or is to be, a significant change in scope, complexity or character of the services to be performed. Changes, modificatioo* ot u*"ttdments in scope, price or fees to this Conhact shall not be allowed without formal contract amendmentãpproved by the Mayor and the City Council in advance ofthe change in scope, cost, fees, or delivery schedule' 4.3 If authorized in writing by CITY Mayor and the City Council and agreed to in writing by ECO, ECO shall firmish or obtain from others Additional Services upon lequest that are not considered normal or customary Basic Services' 4.4 This Agreement constitutes the entire agreement between CITY and ECO and ,up.rr"d", all prior oral and written r¡nderstandings with lespect to the lubject matter set forth herein. Únless specifically stated alt other terms and conditions of the Agreement shall remain in full foice and effect. This Agreemeni shall not be modified except in writing signed by and duly authorized representative of the CITY and ECO- 4.5 ECO hur no control of any regtilatory control authority's subjectiveness in regulatory interpretations, the dynamics of environmental regulations, nor the retroactiveness thereof. Additionally, ECO has no control over any actions taken by CITY Contractor's and is therefore not iesponsible fo¡ maintaining compliance with terms and conditions of any environmental regulatory requirement. Observations and recommendations made byECO in no way guarantees or waranties compliance with environmental regulatory requirements. 4.6 Documents, drawings, and specifications prepared by ECO as part of the Scope of Services shall become the property of CITY when ECO has been compensated for all Services rendered, however, ECO shall have the unrestricted right to their use. ECO shall retain its rights in its standard drawings details, specifications, databases, computer software, and otñer proprietary property. Rights to intellectual property developed, utilized, or modified in the perfolmance of the Scope of Services by ECO shall remain the propertY of ECO. ECOWWP20I4-l5scoPe0420 I 4.Pdf The CITY and ECO intending to be legally their signatures below. ENVIRONMENTAL CONSULTING OPERATIONS,INC. bound, indicate their approval of this Agreement by Ðate: Apnl20,2014 D^r", ó-B'åaYJ ATTEST: "r, þø*n* L A,r*¿¿'sondraB.s*it@ O"r", --r:ti ':.q'a Encl of Apr il 2g, 2014 Agreement for Environmental Consulting SenþÏi rnv rrr rV r I lr ! ^ !-"'t'4íiñËSt CITY OF FAYETTE\TLLE ECOWWP20 I 4-l Sscope04201 4.Pdf THIS CERTIFICATE IS ]SSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERNFICATE HOLÐER. THIS CERTIFICATE DOËS NOT AFFIRMAT¡VELY OR NEGATTVELY AMEND, EXTENO OR ALTER THE COVERAGË AFFORDED BY THE POLICIES BELot/ìt. THts CERTIF|CATE oF tNsuR.ANcE DoES Nor coNsÏTUTE A coNTRAcr BETWEEN THE tssutNc iHsunenls¡, .AUTHoR|ZED REPRESENTATIVE OR PROÐUCER, AND THE CERTIFICATË HOLDER. IMPORTANT; It the cert¡f¡cate holder is an AÐDITIONAL INSURED, the pol¡ey(¡es) mrist be endorsed. lf SUBROGATION lS WAIVED, subject to thê terms and conditíons of the oollcv. eertain oolicies mav reouire an endorsement. A statement on this cert¡f¡câtê dôes not confer ¡iohts to thethe terms and conditíons of the pollcy, certain policies may require ar¡ endorsement. A statement on thib cert¡t¡cate does not confer ¡¡ghts to the cert¡f¡cate holder in lieu of such endorsement(s). PRODUCÉR lhe tho¡¡as fnsurance Agency of Benton, Inc. 114 EaEt Coffray Street P. O. Box 49 Bento¡r ÀR ieOrA-OO¿g {501} 778-9162 (5O1) 778-0s33 INSURED EnvironmenÈal Consulting Operat.ions, : Inc. L7724 l.nterstate 30 Sui-te 5À Benton ÀR 12OL9 CERTIFICATE OF LIABILITY INSURANCE GERTIFICATE NUMBER:13l14 Master REVISION NUMBER:COVERAGES CERTIFICATE HOLDER ACORD 2s (2010/05) lN-9025 rzornnsr or CANCELLATION @ 1 988.201 0 ACORD CORPORATION. All rights reserved. Th¡ ÂflÕÞfl nama anrf lnn¡ zra ranicloro¡l m¡rlrc nf ¿lôIlFl THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED 8Y THE POLICIES DESCRIBED HEREIÑ IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONOITIONS OF SUCH POLICIES, L¡MITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, IYPE OF INSURÁNCE POLTCY NUMBER LtMfts À GEI 1t I "orra*",* or*ERAL LrAB¡urY ñ"*,r*r^o. lxloöcun - to8877.7 439 illol20L3 lr0/2074 EACH OCCURRENCÊ s 2,OOO,OO( s 50.00( MED EXP fAnv one s 5,00( PERSONAL &ADV INJURY s 2,000,O0( GENERAL AGGRÊG,qTE s 4,000,OO( GEN'LAGGREGATE LIMIT APPLIÉS PER:;-l F---l peo- PRODUCTS. COMP/OP AGG s 4, 000,00( s B AUr 'OMOBILE LIABILITY At{Y AUTO Al.rOWNED fv] SCHEDULEDAUTos l^lAlflosf--] NoN-owNED HIREDAUTOS I I AUTos tt þ,800150P lL/2OL3 t/t/2074 COMBINÐ {'INGLE LIMIT s 1. OOO. OO( BODILY INJURY tPer peÊon)I BODILY INJURY (Peraæìdedl $ PKUtsEKI Y U/s s c x UMBRELLALTAB lXloccun EXCESSLIAB I l",o,r*-ro.o :u8771133r /ro/20L4, ÉACI{ OCCURRENCE 1, OOO,00( AGGREGATE s 1,000,00( I X I o-*rt,^u,o 10. ool ,lLo/2or3 s D WORKERS COMFENSATION aNDEMPLOYERS'LlABtLllY YIN ANY PRoPRIETORyPAR'ÍNER/EXECUTIVE f----'l OFFICER/MEI,IBÊR EXCLUDED? I I(Ma¡datory l¡ NH) lfyos, desqlbe undet nFscRIPTlôN ÕF aIPFRATIONS hÞlôw N/A rc4177430 /70/2s14 I WCSTÀTU- I tofÞlT^ovrri¡ñêl I co E,L EACH ACCIDENf s 1. OOO.OO( illo/2or3 E.L. DISEASE . EA EMPLOYEI s 1. OOO.OO( E.L, DISEASE - POLICY LIMIT 1 . 000 .00( E Professional Liability i24L36'13s002 ilro/2oL3 /r0/2014 contrscloF Pollu Llab Ag9 2 / 00O, 00( Contectm Pollu Liab Occur 1 , O OO , 0O( DESCRIPIIONOFOPERATIONSTLOCAIIONSIVEHlCLES (AttschACOROl0l,Add¡l¡onalRemarksSchedulê,lfmorespacelsrequlrêd) SHOULÐ ANY OF THE ABOVE ÐESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOÍICE wlLL BE DELIVERED 'NACCORDANGE WTfH THE POLICY PROVISIONS.For Information PtrrpÖses Only AUlHORIZED REÞRESENTAÎVE McKee/'JA${E L--);:x¿¿*: - .--\ Ìez._è=';:> I\ORTHIüEST ARKANSAS T\EST/SPAPERS,,. 212¡'ToRTHTASTAVENUE,FAYETTEVTLLE,ARKÂNsAS72701 | p.O.BOX 1601.12102 | 479-442.1100 | WV,,3JV.¡iWANEÌryS,COI1 AFFIDAVIT OF PUBLICATION I, Cathy Wilcs, do solernnly swear that I am the L,egal Clerk of the Northu'est Arkansas Newspapers, LLC, prìnted and publishecl in Washington and llenton County, Arkansas, bona fìde circulation, that fi'<lm my own personal knowledge and rcfcrence To thc files of said publication, the advertisement of: City of Fayetteville- Ordinance 5687 lVas inscrted in the Regular Editions on: May 15,2014 Publication Charges: $84.3 I Subscribed and sworn to bel'ore me 'fhis /Ç'lltday of l,ta-+¡ ,2014. RECEIVHD lr¡l',Y ã I Z0ì4 :fTYCF FAYÈTTÊVII"LF ctTy cLËRtd.'s ôFriÕE- NOIITHW ESr A.RKANSAS DEMOCRA-, SAZ LTrE TI'II I"IOIINING NË,W5 OF SPRINGDÀI-T rHE I'IORNING NEWS OF RCGËIìS ¡IORTHUJEST ARK.ANSAS TllvlES BENTOÍ'I COUN TY DAILY RECORI) Cathy Wiles âË^",1f^i.iiåi"'-,ooiflf IËÎ*u,,l,Tf li¿i:+,i;*t-l*$th;¡"¿r-ri,iå ffloP_ERAT¡ONS, tNc. roR wErua¡tos l'r^T9îilo}:TE__r,¡o¡rrroRr¡le¡ïı'¡¿ãi¡noer"lErur WHERF4S, Environmsnra, Co.=11119.9q.r"t¡ons, tnc. (ECO) dovBtoped rhewettands and srorm ware¡ ororeaigl-b_9it ,"nulårånt ;ËJ;î conducred Ëäj""':i1;"^u*r ion in specr ion t" r¡ä wãåìã"åä,' 6y1'r'""#'i.orou"n. "n,WHEREAS. under the suo6rv¡s¡oñ o,f-Eco, conkaciors rmrking for thé city com_pteted over g13s m¡l¡on in wo¡k w¡rhouf a;ingË;;'r-m;t;r;ä;y^;i,,ìl. liltrË?rtåffi'"',.tes'rsned rhe wetr;;';',Lä; ff;;"i i"i,"q,n"o uu äPi;JHT.fff=i;i.JInf*1""1n* sy rHË clry couNcrl oF rHE crry / / -2"'ã--{+tK-¿ V Æ-ø+.,-¿ø¿"-_-, Notary Public tuty Cornrnission Expir es: /a/afaOa 3 '\\\' "ì\llll I I I ll'¡¡'' .-,.."ìtìrii!ri;;,ì*t$l' ç¡oÏAa¡i '. ç ? =¡a.'i Þ't'q ìà=?â,. pUeir0 jë5 r * No. r [: "s {{ 7i"lq; :{.,!;Ëþl """ìSPlease clo not ortfuffi,ffiffihl$nvoice *,itl tre senr.