HomeMy WebLinkAbout272-23 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 272-23
File Number: 2023-1279
ENVIRONMENTAL CONSULTING OPERATIONS, INC. (SERVICE CONTRACT):
A RESOLUTION TO APPROVE AMENDMENT NO. 10 TO THE CONTRACT WITH ENVIRONMENTAL
CONSULTING OPERATIONS, INC. IN THE AMOUNT OF $65,500.00 FOR WETLANDS MITIGATION SITE
MONITORING AND MANAGEMENT IN 2024
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 3.3 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.
NOW, THEREFORE, 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. 10 to the
contract with Environmental Consulting Operations, Inc. in the amount of $65,500.00 for wetlands mitigation site
monitoring and management in 2024.
PASSED and APPROVED on December 5, 2023
Page 1
Attest: `��t�tl�nlryr�i
• s:
Kara Paxton, CV(�4XTT4reasure
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF DECEMBER 5, 2023
CITY COUNCIL MEMO
2023-1279
TO:
Mayor Jordan and City Council
THRU:
Susan Norton, Chief of Staff
FROM:
Tim Nyander, Utilities Director
DATE:
SUBJECT:
Environmental Consulting Operations, Inc. - Amendment No. 10 for Woolsey Wet
Prairie
RECOMMENDATION:
Staff recommends the approval of Amendment No. 10 to the contract with Environmental Consulting
Operations, Inc. in the amount of $65,500.00 for wetlands mitigation site monitoring and management for
Woolsey Wet Prairie in 2024.
BACKGROUND:
In 2014, Ordinance 5687 was passed by the City Council to approve a contract with Environmental Consulting
Operations, Inc. (ECO) for Woolsey Wet Prairie wetlands mitigation site monitoring and management. At the
time, ECO qualified as a sole source provider for this contract due to the extensive knowledge and work
conducted on the Woolsey Wet Prairie mitigation site during the Wastewater Systems Improvement Project
(WSIP). 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 ECO.
DISCUSSION:
The contract covers the following work tasks for 2024:
1. Project Administration and Management
2. Annual Ecological Restoration Monitoring
3. Annual Adaptive Management Strategy
4. Update Credit Tracking Ledger for Surplus Wetland Credits
5. Academic Research Project Guidance
The details of each of these work tasks are outlined within the proposed Amendment No. 10 between the City
of Fayetteville and ECO, Inc. The contract amount for Amendment No. 10 is the same as the previous two
years.
BUDGET/STAFF IMPACT:
Funds are available in the Wastewater Treatment Operations Program.
ATTACHMENTS: SRF (#3), 2024_ExecSummECO_100923 (#4), ECO WWP Amnd No. 10_100923 (#5)
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
== City of Fayetteville, Arkansas
y 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
- Legislation Text
File #: 2023-1279
Environmental Consulting Operations, Inc. - Amendment No. 10 for Woolsey Wet Prairie
A RESOLUTION TO APPROVE AMENDMENT NO. 10 TO THE CONTRACT WITH
ENVIRONMENTAL CONSULTING OPERATIONS, INC. IN THE AMOUNT OF $65,500.00 FOR
WETLANDS MITIGATION SITE MONITORING AND MANAGEMENT IN 2024
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 3.3 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.
NOW, THEREFORE, 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.
10 to the contract with Environmental Consulting Operations, Inc. in the amount of $65,500.00 for
wetlands mitigation site monitoring and management in 2024.
Page 1
Tim Nyander
Submitted By
City of Fayetteville Staff Review Form
2023-1279
Item ID
12/5/2023
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
11/14/2023 WASTEWATER TREATMENT (730)
Submitted Date Division / Department
Action Recommendation:
Staff recommends the approval of Amendment No. 10 to the contract with Environmental Consulting Operations,
Inc. in the amount of $65,500.00 for wetlands mitigation site monitoring and management for Woolsey Wet Prairie
in 2024.
Budget Impact:
5400.730.5120-5315.00
Water & Sewer
Account Number Fund
N/A N/A
Project Number
Budgeted Item? Yes
Does item have a direct cost? Yes
Is a Budget Adjustment attached? No
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$ 79,100.00
Is 79,100.00
$ 65,500.00
13,600.00
V20221130
Previous Ordinance or Resolution # Ord. 5687
Approval Date:
2024 Executive Summary:
Woolsey Wet Prairie Annual Ecological Monitoring & Adaptive Management:
ECO, Inc. Contract Amendment No. 10
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
14207 issued by the U.S. Army Corps of Engineers Little Rock District (Corps). The
43.8-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 (WSIP). The Section 404 Permit required 73.57 wetland credits to be
generated at the mitigation site to offset wetland losses from the WSIP.
Environmental Consulting Operations, Inc. (ECO, Inc.) developed the WSIP
stormwater permitting Best Management Practices (BMP) Plans, conducted WSIP
construction compliance evaluations, and oversaw full compliance with related
regulations and environmental permits. Under ECO, Inc.'s oversight, contractors
working for the City completed over $160 million in work without a single
environmental permit violation.
ECO, Inc. designed the Corps -required ecological features of the wetland mitigation
site and has met all mandated monitoring and reporting requirements, including the
required wetland credit ledger to track the use of surplus wetland credits by the City
of Fayetteville. Under ECO, Inc.'s management, a total of 94.47 mitigation credits
have been generated, producing a surplus of 20.90 credits. After ECO, Inc.'s
conferrals with the Corps, the City of Fayetteville received a special one -of -a -kind
approval to use the 20.90 surplus wetland credits for City infrastructure projects that
require wetland compensatory mitigation within the Illinois River Watershed. To
date, surplus wetland 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.
Under ECO, Inc.'s adaptive management strategy, the mitigation site has a current
plant species list totaling 502 species, a more than ten -fold increase beyond the 47
plant species observed in 2004. Eleven species at the site are tracked by the Arkansas
Natural Heritage Commission (ANHC) as species of state conservation concern.
Nonetheless, persistent invasive species are present at the site, requiring continued
monitoring and adaptive management activities
i
ECO, Inc. Scope of Work
ECO, Inc.'s May 8, 2014 Agreement for Professional Environmental Consulting
Services covered the following work tasks for 2014, and has been amended annually
from 2015 through 2024:
ECO, Inc. Scope of Services
Part A - Project Administration & Management
Part B - Annual Ecological Restoration Monitoring
Part C - Annual Adaptive Management Strategy
Part D - Update Surplus Wetland Credit Tracking Ledger
Part E - Academic Research Project Guidance
The details for each of these work tasks are outlined within the proposed 2024
Contract Amendment No. 10 between the City of Fayetteville and ECO, Inc. for Parts
A — E.
As shown in the 2023/2024 cost comparison table below, the 2024 "Not to Exceed"
cost of $65,500.00 represents a no change to the contract amount that was approved
by the City of Fayetteville for ECO, Inc.'s 2023 scope of work.
Contract Amendments No. 9 (2023) & No. 10 (2024) Cost Comparison
ECO Scope of Services
2023 Amend.
No. 9
2024 Amend.
No. 10
Part A - Project Administration & Management
$4,350
$4,350
Part B - Annual Ecological Restoration Monitoring
$28,000
$28,000
Part C - Annual Adaptive Management Strategy
$31,650
$31,650
Part D - Update Surplus Wetland Credit Tracking Ledger
$0
$0
Part E - Academia Research Project Guidance
$1,500
$1,500
Total
$65,500
$65,500
ECO, Inc. will continue to conduct annual monitoring activities to identify problem
areas where specific management controls are warranted. ECO, Inc. will continue to
coordinate adaptive management practices to:
➢ Develop plant group -specific herbicide application guidance and recommendations for
Jacobs,
➢ Review records of herbicide applications made by Jacobs,
➢ Coordinate with Jacobs to maintain an aggressive herbicide program for controlling
woody vegetation in an effort to prevent excessive growth of trees that necessitates
timber mulching,
➢ Develop prescribed burn specifications for informal bid process of selecting burn
contractor,
➢ Review, approve, and oversee conduction of academic research projects in accordance
with City's Corps Section 404 Permit requirements,
➢ Coordinate/scheduling/oversight of prescribed burn, and
➢ Process/coordinate/update surplus wetland credit ledger should City infrastructure
improvement projects arise that require wetland mitigation credits.
ECO, Inc. possesses the very specialized technical and regulatory expertise and site -
specific knowledge to complete these tasks for the purpose of meeting Corps -
mandated mitigation performance standards and to maintain the existing surplus
wetland credits for use in future City infrastructure improvements that require
compensatory wetland mitigation. Having won numerous awards and recognitions,
Woolsey Wet Prairie Sanctuary has been a success story under the design and
management of ECO, Inc. and is a unique ecological feature for the City of
Fayetteville like no other in Arkansas.
AMENDMENT NO. 10
TO
AGREEMENT FOR ENVIRONMENTAL CONSULTING SERVICES
BETWEEN CITY OF FAYETTEVILLE, ARKANSAS AND
ENVIRONMENTAL CONSULTING OPERATIONS, INCORPORATED
FOR
WOOLSEY WET PRAIRIE ECOLOGICAL MONITORING AND MANAGEMENT
ENVIRONMENTAL CONSULTING SERVICES
THIS AMENDMENT NO. 10 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. 10 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.
NOW THEREFORE, the CITY and ECO agree to amend the Agreement for ECO's Scope of
Services as follows:
1. Part A - Project Administration & Management
a) General administration and project management activities;
b) Perform project initiation activities;
c) Provide environmental regulatory and technical information to CITY, CITY Contractors,
Citizens of CITY, and Academia;
d) Meet with CITY, CITY Contractors, and Academia 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 2024. Renewal of ECO's annual Scope of
Services will be reviewed by the City Council and amended upon approval for renewal of
Part A services beyond 2024.
100923 - ECO WWP Amendment No. l0.pdf
2. Part B - Annual Ecological Restoration Monitoring
a) Conduct qualitative monitoring activities throughout the growing season 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 and native invasive plant species and
locations of rare Arkansas Natural Heritage Commission (ANHC) tracking plant species on
wetland cell maps;
d) Develop 2024 Woolsey Wet Prairie Adaptive Management Strategy & Monitoring Report
No. 18 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 2024. Renewal of ECO's annual Scope of
Services will be reviewed by the City Council, and amended upon approval for renewal of
Part B services beyond 2024.
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 purpose of implementation of Site management
activities that are compliant with Site permanent protection measures and restrictions
specified in the CITY's Corps Section 404 permit;
e) Document and maintain records of adaptive management activities implemented and the
date of use;
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;
100923 - ECO WWP Amendment No. l0.pdf
g) Utilize wetland cell aerial photographs showing locations of concentrated stands of
invasive and non-native plant species and locations of rare ANHC tracking plant species in
order to target 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 by CITY contractors;
i) Schedule and select type of herbicide, adjuvant, and application rate to be used for specific
target non-native and 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 by CITY contractors;
k) Develop burn specifications that clearly identify prescribed Burn Contractor
responsibilities as a part of CITY's informal bid process that identify: 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;
m) Coordinate co -existence of planned construction and operation activities at adjacent solar
array and NWALT Westside Prairie Preserve with adaptive management activities at the
SITE;
n) Part C applies to January through December 2024. Renewal of ECO's annual Scope of
Services will be reviewed by the City Council, and amended upon approval for renewal of
Part C services beyond 2024.
4. Part D - Update Credit Tracking Ledger for Surplus Wetland Credits
a) SITE has generated surplus of wetland credits above those required by CITY's Corps
Section 404 permit for wetland compensatory mitigation. CITY has received Corps
approval to use wetland credits to mitigate for wetland impacts caused by the CITY's
infrastructure improvement projects within Illinois River watershed, HUC 11110103;
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 include
surplus credits and credit debits from CITY's Clabber Creek Recreational Trail Project for
submittal to Corps;
d) Under the 2016 Scope of Services, CITY did not utilize any surplus wetland credits for
City infrastructure improvement projects requiring wetland compensatory mitigation;
100923 - ECO WWP Amendment No. l0.pdf
e) Under the 2017 Scope of Services, CITY did not utilize any surplus wetland credits for
City infrastructure improvement projects requiring wetland compensatory mitigation;
f) Under the 2018 Scope of Services, CITY did not utilize any surplus wetland credits for
City infrastructure improvement projects requiring wetland compensatory mitigation;
g) Under the 2019 Scope of Services, CITY did not utilize any surplus wetland credits for
City infrastructure improvement projects requiring wetland compensatory mitigation;
h) Under the 2020 Scope of Services, ECO developed a wetland credit ledger to include
surplus credits and credit debits from CITY's Clabber Creek Recreational Trail Project for
submittal to Corps;
i) Under the 2021 Scope of Services, CITY did not utilize any surplus wetland credits for
City infrastructure improvement projects requiring wetland compensatory mitigation;
j) Under the 2022 Scope of Services, ECO developed a wetland credit ledger to include
surplus credits and credit debits from CITY's Clabber Creek Recreational Trail Project for
submittal to Corps;
k) At the time of development of this amendment under the 2023 Scope of Services, CITY
has not utilized any surplus wetland credits for City infrastructure improvement projects
requiring wetland compensatory mitigation;
1) It is unknown at the current time, whether or not Part D services will be necessary for
January through December 2024, and will be a function of whether or not surplus credit
transactions occur. Should 2024 wetland credit transactions occur, ECO shall update
wetland credit ledger accordingly for submittal to Corps at the end of 2024;
m) Renewal of ECO's annual Scope of Services will be reviewed by the City Council, and
amended upon approval for renewal of Part D services beyond 2024.
5. Part E - Academic Research Project Review and Guidance
a) During 2017, there was an increased interest in the SITE for academic research projects
from various departments of the University of Arkansas ranging from herpetology to soil
microbiology. While research projects at the site are exciting and encouraged, the need
exists for guidance and oversight to ensure that all parties involved are made aware of the
various requirements of the CITY's Section 404 permit and Deed Restricted Covenant for
the SITE. Failure to manage research project activities at the SITE has the potential to
result in the CITY not being in compliance with the terms and conditions of the CITY's
Corps Section 404 permit and the Deed Restricted Covenant for the SITE.
b) ECO, Inc. has developed a research request form and guidance document intended for
use by proposed research projects that will provide project -specific relative information
to ECO, Inc., Jacobs, and the CITY for review and approval, while also educating the
100923 - ECO WWP Amendment No. l0.pdf
applicant about the SITE Corps Section 404 permit requirements. ECO, Inc. will review
academic research project proposals and provide project -specific guidance to parties
conducting research at SITE.
c) Part E applies to January through December 2024. Renewal of ECO's annual Scope of
Services will be reviewed by the City Council, and amended upon approval for renewal
of Part E services beyond 2024.
6. Compensation
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
SIXTY-FIVE THOUSAND FIVE HUNDRED U.S. DOLLARS ($65,500.00).
Amendment No. 10 - 2024 Cost Detail
Amended ECO Scope of Services
Fee Estimate
Part A - 2024 Project Administration & Management
$4,350
Part B - 2024 Annual Ecological Restoration Monitoring
$28,000
Part C - 2024 Annual Adaptive Management Strategy
$31,650
Part D - 2024 Update Surplus Wetland Credit Tracking Ledger
$0
Part E - 2024 Academic Research Project Guidance
$1 500
Total
$65 500
The CITY and ECO intending to be legally bound, indicate their approval of this
AMENDMENT NO. 10 by their signatures below:
ENVIRONMENTAL CONSULTING
OPERATIONS, INC.
By:
Seth Pickens, President
Date: October 9, 2023
6.
•
Kara Paxton, Carty C;lefk/ I`reasurer �
Date: December 5, 2023 %' �. o.
End of October 9, 2023 Amendment No. 10 for Environmental Consulting Services
100923 - ECO WWP Amendment No. 10.pdf 5