HomeMy WebLinkAbout265-24 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 265-24 File Number: 2024-638 ENVIRONMENTAL CONSULTING OPERATIONS, INC. (SERVICE AGREEMENT): A RESOLUTION TO APPROVE AMENDMENT NO. 11 TO THE CONTRACT WITH ENVIRONMENTAL CONSULTING OPERATIONS, INC. IN THE AMOUNT OF $68,000.00 FOR WETLANDS MITIGATION SITE MONITORING AND MANAGEMENT IN 2025 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 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. I I to the contract with Environmental Consulting Operations, Inc. in the amount of $68,000.00 for wetlands mitigation site monitoring and management in 2025. PASSED and APPROVED on November 7, 2024 G •\7YG "A, • FAYETTEV'UE e1 Pa -�'i�N•••••0 9 ��i Gi ON E k O Office of the City Clerk Treasurer Kara Paxton — City Clerk Treasurer Jackson Shelton — Senior Deputy City Clerk OF 4AYETTF 1 i 0 µM .. 4 RKAN SPS 113 W. Mountain Street, Suite 308 Fayetteville, Arkansas 72701 Phone: 479.575.8323 cityclerk@fayetteville-ar.gov Departmental Correspondence To: Lioneld Jordan, Mayor From: Kara Paxton, City Clerk Treasurer'��G CC: City Attorney Kit Williams, Senior Assistant Blake Pennington, Chief of Staff Susan Norton & Chief Financial Officer Paul Becker Date: November 8, 2024 RE: City Clerk Treasurer Kara Paxton — Out of Office due to Medical Procedure Mayor Lioneld Jordan, Due to a medical procedure, I will be unavailable to sign documents or attend meetings starting November 11th, 2024. 1 plan to be back in the office as of November 25th, 2024. Senior Deputy City Clerk Treasurer Jackson Shelton or Deputy City Clerk — Codifier Courtney Spohn will notify you should these dates change. The recommended recovery time for my medical procedure (Spinal Cord Stimulator Implant) ranges from 4 to 8 weeks. The surgeon stated that I must be off work for at least one week. The surgeon also encouraged me to utilize telework options in the weeks following the initial surgery week. He also stated that should I need to physically come to work, I need to park as close to the building as possible, no lifting/carrying heavy or large objects, and no sudden twisting or turning. In my absence, I authorize Senior Deputy City Clerk Treasurer Jackson Shelton to attest your (Mayor Lioneld Jordan) signature. Should an issue arise that Mr. Shelton is not available to sign within a 24- hour timeframe, I authorize Deputy City Clerk — Codifier Courtney Spohn to sign in our absence. As the official custodian of the City's seal, I authorize Mr. Shelton and Ms. Spohn to use the seal for official purposes only. Please direct city staff to route all Alcohol Permits to Mr. Shelton for review and electronic signature. Please notify the Accounting Department that check requests will be reviewed and signed by Ms. Spohn before being emailed to the Accounting Department. Ms. Spohn will also be responsible for approving purchase requests submitted November 11th — November 15th, 2024. Mr. Shelton and Ms. Spohn will go above and beyond to ensure that our office continues to support all our internal and external customers while I am out of office. Over the last 3 years Ms. Spohn has continuously demonstrated her professionalism and advanced skillset in her positions. Mr. Shelton has been with our office for almost 2 years now and has consistently impressed me by going above and beyond in his work duties. I am confident that Mr. Shelton and Ms. Spohn will successfully manage the office while I am out. M/10 CITY OF FAYETTEVILLE ARKANSAS MEETING OF NOVEMBER 7, 2024 TO: Mayor Jordan and City Council CITY COUNCIL MEMO THRU: Susan Norton, Chief of Staff FROM: Tim Nyander, Utilities Director SUBJECT: Environmental Consulting Operations, Inc. Amendment No. 11 RECOMMENDATION: 2024-638 Staff recommends the approval of Amendment No.11 to the contract with Environmental Consulting Operations, Inc. (ECO) in the amount of $68,000.00 for wetlands mitigation site monitoring and management for 2025. BACKGROUND: In 2014, Ordinance 5687 was passed by the City Council to approve a contract with ECO, Inc, for Woolsey 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 Wetland 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 2025: Amendment No. 11 Scope of Services Part A - 2024 Project Administration & Management Part B - 2024 Annual Ecological Restoration Monitoring Part C - 2024 Annual Adaptive Management Strategy Part D - 2024 Update Surplus Wetland Credit Tracking Ledger Part E - 2024 Academic Research Project Guidance Total Fee Estimate $4,000.00 $30,500.00 $32,000.00 $0.00 $1,500.00 $68,000.00 The details of each of these work tasks are outlined within the proposed Amendment No. 11 between the City of Fayetteville and ECO, Inc. The contract amount for Amendment No. 11 is a 3.82% increase from 2024. The cost has not increased in the previous two years. Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 BUDGET/STAFF IMPACT: Funds are available in the Wastewater Treatment Operations Program. ATTACHMENTS: SRF (#3), 2025 Executive Summary (#4), Amendment No. 11 (#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 #: 2024-638 Environmental Consulting Operations, Inc. Amendment No. 11 A RESOLUTION TO APPROVE AMENDMENT NO. 11 TO THE CONTRACT WITH ENVIRONMENTAL CONSULTING OPERATIONS, INC. IN THE AMOUNT OF $68,000.00 FOR WETLANDS MITIGATION SITE MONITORING AND MANAGEMENT IN 2025 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 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. 11 to the contract with Environmental Consulting Operations, Inc. in the amount of $68,000.00 for wetlands mitigation site monitoring and management in 2025. Page 1 Tim Nyander Submitted By City of Fayetteville Staff Review Form 2024-638 Item ID 11/7/2024 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 10/9/2024 WASTEWATER TREATMENT (730) Submitted Date Division / Department Action Recommendation: Staff recommends the approval of Amendment No.11 to the contract with Environmental Consulting Operations, Inc. in the amount of $68,000.00 for wetlands mitigation site monitoring and management for 2025. Budget Impact: 540.730.5120-5315.00 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 $ 68,000.00 11,100.00 V20221130 Previous Ordinance or Resolution # Ord. 5687 Approval Date: 2025 Executive Summary: Woolsey Wet Prairie Annual Ecological Monitoring & Adaptive Management: ECO, Inc. Contract Amendment No. 11 Overview & Background Woolsey Wet Prairie Sanctuary was established by the City of Fayetteville, AR (City) as part of wetland compensatory mitigation requirements under Section 404 Permit No. 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 Corps 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. 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 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 505 species, a 975% 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 2025: 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 2025 Contract Amendment No. 11 between the City of Fayetteville and ECO, Inc. for Parts A — E. As shown in the 2024/2025 cost comparison table below, the 2025 "Not to Exceed" cost of $68,000.00 represents a $2,500 or 3.8% increase to the contract amount that was approved by the City of Fayetteville for ECO, Inc.'s 2024 scope of work. The ECO, Inc. hourly billable rates for 2025 will remain the same. Contract Amendments No. 10 (2024) & No. 11 (2025) Cost Comparison ECO Scope of Services 2024 Amend. No. 10 2025 Amend. No. 11 Part A - Project Administration & Management $4,350 $4,000 Part B - Annual Ecological Restoration Monitoring $28,000 $30,500 Part C - Annual Adaptive Management Strategy $31,650 $32,000 Part D - Update Surplus Wetland Credit Tracking Ledger $0 $0 Part E - Academia Research Project Guidance $1,500 $1,500 Total $65,500 $68,000 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 City's Contractor conducting on -site adaptive management activities, ➢ Review records of herbicide applications made by entity conducting on -site adaptive management activities, ➢ Coordinate with City's Contractor conducting on -site adaptive management activities 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. 11 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. 11 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. 11 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 2025. 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 2025. 100224 - ECO WWP Amendment No. ll.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 2025 Woolsey Wet Prairie Adaptive Management Strategy & Monitoring Report No. 19 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 2025. 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 2025. 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; 100224 - ECO WWP Amendment No. ILpdf 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 2025. 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 2025. 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; 100224 - ECO WWP Amendment No. ll.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) Under the 2023 Scope of Services, CITY did not utilize any surplus wetland credits for City infrastructure improvement projects requiring wetland compensatory mitigation; 1) At the time of development of this amendment under the 2024 Scope of Services, CITY has not utilized any surplus wetland credits for City infrastructure improvement projects requiring wetland compensatory mitigation; m) It is unknown at the current time, whether or not Part D services will be necessary for January through December 2025 and will be a function of whether or not surplus credit transactions occur. Should 2025 wetland credit transactions occur, ECO shall update wetland credit ledger accordingly for submittal to Corps at the end of 2025; n) 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 2025. 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 Corps 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. 100224 - ECO WWP Amendment No. ILpdf 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., CITY's Contractors, and the CITY for review and approval, while also educating the 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 2025. 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 2025. 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-EIGHT THOUSAND U.S. DOLLARS ($68,000.00). Amendment No. 11 - 2025 Cost Detail Amended ECO Scope of Services Fee Estimate Part A - 2025 Project Administration & Management $4,000 Part B - 2025 Annual Ecological Restoration Monitoring $30,500 Part C - 2025 Annual Adaptive Management Strategy $32,000 Part D - 2025 Update Surplus Wetland Credit Tracking Ledger $0 Part E - 2025 Academic Research Project Guidance $1,500 Total $68,000 The CITY and ECO intending to be legally bound, indicate their approval of this AMENDMENT NO. 11 by their signatures below: ENVIRONMENTAL CONSULTING CITY OFAYETTAVILLE OPERATIONS, INC. By: Seth Pickens, President Date: October 2, 2024 100224 - ECO WWP Amendment No. 1l.pdf A &4_�_ Lioneld Jgtd'n, Mayor Date: Nof S6ber 7, 2024 ATTEST: By: / v Jac helton, Senior Deputy Clerk K Y Date: November 7, 2024 \.`��c,��R0 F10 FAYETTEVILLE ; 5 = '. Z 9,QkANSP�, �: