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HomeMy WebLinkAbout263-25 RESOLUTIONPage 1 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 263-25 File Number: 2025-2099 A RESOLUTION TO APPROVE AMENDMENT #12 TO THE CONTRACT WITH ENVIRONMENTAL CONSULTING OPERATIONS, INC. IN THE AMOUNT OF $63,500.00 FOR WETLANDS MITIGATION SITE MONITORING AND MANAGEMENT IN 2026 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 #12 to the contract with Environmental Consulting Operations, Inc. in the amount of $63,500.00 for wetlands mitigation site monitoring and management in 2026. PASSED and APPROVED on November 18, 2025 Approved: _______________________________ Molly Rawn, Mayor Attest: _______________________________ Kara Paxton, City Clerk Treasurer Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2025-2099 MEETING OF NOVEMBER 18, 2025 TO: Mayor Rawn and City Council THRU: Keith Macedo, Chief of Staff FROM: Tim Nyander, Utilities Director SUBJECT: Environmental Consulting Operations, Inc. - Amendment No. 12 RECOMMENDATION: Staff recommends the approval of Amendment No.12 to the contract with Environmental Consulting Operations, Inc.(ECO) in the amount of $63,500.00 for wetlands mitigation site monitoring and management for 2026. 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 2026: Amendment No. 12 ECO Scope of Services Fee Estimate Part A - 2026 Project Administration & Management $4,000.00 Part B - 2026 Annual Ecological Restoration Monitoring $25,000.00 Part C - 2026 Annual Adaptive Management Strategy $32,000.00 Part D - 2026 Update Surplus Wetland Credit Tracking Ledger $0.00 Part E - 2026 Academic Research Project Guidance $2,500.00 Total $63,500.00 Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov The details of each of these work tasks are outlined within the proposed Amendment No. 12 between the City of Fayetteville and ECO, lnc. The contract amount for Amendment No. 12 is a 6.6% decrease from 2025. BUDGET/STAFF IMPACT: Funds are available in the Wastewater Treatment Operations Program. ATTACHMENTS: 3. Staff Review Form, 4. 2026 Executive Summary, 5. Amendment No. 12 Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2025-2099 A RESOLUTION TO APPROVE AMENDMENT #12 TO THE CONTRACT WITH ENVIRONMENTAL CONSULTING OPERATIONS, INC. IN THE AMOUNT OF $63,500.00 FOR WETLANDS MITIGATION SITE MONITORING AND MANAGEMENT IN 2026 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 #12 to the contract with Environmental Consulting Operations, Inc. in the amount of $63,500.00 for wetlands mitigation site monitoring and management in 2026. City of Fayetteville Staff Review Form 2025-2099 Item ID 11/18/2025 City Council Meeting Date - Agenda Item Only N/A for Non-Agenda Item Tim Nyander 10/10/2025 WASTEWATER TREATMENT (730) Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends the approval of Amendment No.12 to the contract with Environmental Consulting Operations, Inc.(ECO) in the amount of $63,500.00 for wetlands mitigation site monitoring and management for 2026. Budget Impact: 5400.730.5120-5315.00 Water & Sewer Account Number Fund N/A N/A Project Number Project Title Budgeted Item?Yes Total Amended Budget $79,100.00 Expenses (Actual+Encum)$- Available Budget $79,100.00 Does item have a direct cost?Yes Item Cost $63,500.00 Is a Budget Adjustment attached?No Budget Adjustment $- Remaining Budget $15,600.00 V20221130 Purchase Order Number:Previous Ordinance or Resolution #Ord. 5687 Change Order Number:Approval Date: Original Contract Number: Comments: 1 2026 Executive Summary: Woolsey Wet Prairie Annual Ecological Monitoring & Adaptive Management: ECO, Inc. Contract Amendment No. 12 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 Comprehensive Best Management Practices Plans (CBMPP), conducted WSIP construction compliance evaluations, and oversaw full compliance with all applicable environmental regulations and 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 2 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 2026: 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 2026 Contract Amendment No. 12 between the City of Fayetteville and ECO, Inc. for Parts A – E. As shown in the 2025/2026 cost comparison table below, the 2026 "Not to Exceed" cost of $63,500.00 represents a $4,500 or 6.62% decrease to the contract amount that was approved by the City of Fayetteville for ECO, Inc.'s 2025 scope of work. The ECO, Inc. hourly billable rates for 2026 will also reflect a decreased hourly fee structure as well. Contract Amendments No. 11 (2025) & No. 12 (2026) Cost Comparison ECO Scope of Services 2025 Amend. No. 11 2026 Amend. No. 12 Part A - Project Administration & Management $4,000 $4,000 Part B - Annual Ecological Restoration Monitoring $30,500 $25,000 Part C - Annual Adaptive Management Strategy $32,000 $32,000 Part D - Update Surplus Wetland Credit Tracking Ledger $0 $0 Part E - Academia Research Project Guidance $1,500 $2,500 Total $68,000 $63,500 3 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: ➢Conduct monthly site visits during the growing season to flag invasive species, assess herbicide treatment effectiveness, identify priority invasive species for treatments, assess site hydrology, recommend priority adaptative management task items, and inspect the site for activities that are in violation of the City’s 404 permit and deed restrictive covenant requirements, ➢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, ➢Coordinate/scheduling/oversight of prescribed burn, ➢Review, approve, and oversee conduction of academic research projects in accordance with City’s Corps Section 404 Permit requirements, 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 pur pose 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. 092925 - ECO WWP Amendment No. 12 1 AMENDMENT NO. 12 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. 12 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 known as Woolsey Wet Prairie (SITE) 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. 12 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; d)Meet with CITY, and/or 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 2026. 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 2026. 092925 - ECO WWP Amendment No. 12 2 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 non-native / invasive plant species to be controlled; b)Observe and document total plant species richness for the 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 2026 Woolsey Wet Prairie Adaptive Management Strategy & Monitoring Report No. 20 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 2026. 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 2026. 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, prescribed burning, and hand pulling; b)Make SITE visits throughout the growing season to make observations of hydrology, vegetation, and effectiveness of invasiv e 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 adaptive 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; 092925 - ECO WWP Amendment No. 12 3 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; l)Coordinate, schedule, and observe prescribed burn to evaluate Burn Contractor’s conformance with state laws, notifications, and specifications; m)Part C applies to January through December 202 6. 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 2026. 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)At the time of development of this amendment under the 2025 Scope of Services, CITY has not utilized any surplus wetland credits for City infrastructure improvement projects requiring wetland compensatory mitigation. c)It is unknown at the current time, whether Part D services will be necessary for January through December 2026 and will be a function of whether or not surplus credit transactions occur. Should 2026 wetland credit transactions occur, ECO shall update wetland credit ledger accordingly for submittal to Corps at the end of 2026. 5)Part D applies to January through December 2026. 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 2026. 092925 - ECO WWP Amendment No. 12 4 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. b)ECO, Inc. has developed a research request form and academic research 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 2026. 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 2026. 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-THREE THOUSAND FIVE HUNDRED U.S. DOLLARS ($63,500.00). 092925 - ECO WWP Amendment No. 12 5 Amendment No. 12 – 2026 Cost Detail Amended ECO Scope of Services Fee Estimate Part A - 2025 Project Administration & Management $4,000 Part B - 2025 Annual Ecological Restoration Monitoring $25,000 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 $2,500 Total $63,500 The CITY and ECO intending to be legally bound, indicate their approval of this AMENDMENT NO. 12 by their signatures below: ENVIRONMENTAL CONSULTING CITY OF FAYETTEVILLE OPERATIONS, INC. By: By: Seth Pickens, President Molly Rawn, Mayor Date: September 29, 2025 Date: ATTEST: By: Kara Paxton, City Clerk/Treasurer Date: 11/18/2025 11/18/2025 ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. 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THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 5/12/2025 (501) 778-9162 (501) 778-0533 44393 Environmental Consulting Operations, Inc. 17724 Interstate 30 Suite 5A Benton, AR 72019 24074 10172 A 2,000,000 BZW(24) 57 08 55 94 5/10/2025 5/10/2026 15,000 2,000,000 4,000,000 4,000,000 2,000,000A BZW(24) 57 08 55 94 5/10/2025 5/10/2026 1,000,000B USO(24) 57 08 55 94 5/10/2025 5/10/2026 10,000 1,000,000 A XWW(24) 57 08 55 94 5/10/2025 5/10/2026 1,000,000 1,000,000 1,000,000 C E&O/Professional Lia 16KDGHH3903 5/10/2025 Per Claim 2,000,000 C E&O/Professional Lia 16KDGHH3903 5/10/2025 5/10/2026 Aggregate 2,000,000 City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 ENVICON-06 JERILEONARD NFP Property & Casualty Services, Inc. P.O. 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