HomeMy WebLinkAbout149-24 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 149-24 File Number: 2024-129 WATERSHED CONSERVATION RESOURCE CENTER (MEMORANDUM OF AGREEMENT): A RESOLUTION TO APPROVE A MEMORANDUM OF AGREEMENT WITH THE WATERSHED CONSERVATION RESOURCE CENTER FOR CONTINUED MAINTENANCE OF STREAM RESTORATION PROJECTS AND OTHER NONPOINT SOURCE POLLUTION RELATED ISSUES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign a Memorandum of Agreement with the Watershed Conservation Resource Center for continued maintenance of stream restoration projects and other nonpoint source pollution related issues. PASSED and APPROVED on June 4, 2024 Page 1 Attest: 0%J1111 tyll,' RFgS���. Z"--:FAYE1-TEV1LLE: Kara Paxton, City CleFkTreasurer CITY OF FAYETTEVILLE ARKANSAS MEETING OF JUNE 4, 2024 CITY COUNCIL MEMO 2024-129 TO: Mayor Jordan and City Council THRU: Chris Brown, Public Works Director FROM: Alan Pugh, Staff Engineer SUBJECT: Approval of a Memorandum of Agreement (MOA) with the Watershed Conservation Resource Center (WCRC) outlining a general framework for cooperation for continued maintenance of stream restoration projects and other nonpoint source pollution related issues RECOMMENDATION: Staff recommends approval of a Memorandum of Agreement (MOA) with the Watershed Conservation Resource Center (WCRC) outlining a general framework for cooperation for continued maintenance of stream restoration projects and other nonpoint source pollution related issues. BACKGROUND: This partnership with the Watershed Conservation Resource Center (WCRC) dates back many years but officially began January of 2014 with approval of the first MOA. This partnership has proven successful for many years as described further below. DISCUSSION: The WCRC is a nonprofit organization that strives to protect, conserve, and restore natural resources by utilizing the watershed approach, environmental outreach, and providing planning, technical assistance and maintenance to landowners, communities, and government entities. The WCRC principals are regional experts and local leaders in implementing natural channel design -based stream restorations that meet multiple local and regional objectives relating to river channel instability, water quality, ecological services, and green infrastructure. The WCRC and the CITY OF FAYETTEVILLE partnered and have been awarded multiple federal grant awards for restoring streams within the City and for assessing streams and natural resource conditions for stability and pollution potential. These projects have brought over $5,800,000 in Federal funding to the City for water quality and other environmental improvements and have helped to create local partnerships and outreach opportunities in the areas of river restoration, riparian enhancement, and watershed planning. Ten stream and streambank restoration projects have been implemented that have resulted in over 19,900 tons of sediment and 12,000 Ibs of total phosphorus reductions, annually from streambank erosion, restored both aquatic and terrestrial habitat, protected City infrastructure, and improved aesthetics of City Parks and other properties. These projects generally require ongoing maintenance to ensure their success and WCRC is in a unique position to provide these services given their history with the projects. BUDGET/STAFF IMPACT: Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 The proposed agreement has no budgetary impact. As tasks are identified, the "task order" with associated fee will be approved through the appropriate channels up to and including approval by the Mayor and City Council. ATTACHMENTS: SRF (#3), MOU (#4) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 _= City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2024-129 Approval of a Memorandum of Agreement (MOA) with the Watershed Conservation Resource Center (WCRC) outlining a general framework for cooperation for continued maintenance of stream restoration projects and other nonpoint source pollution related issues A RESOLUTION TO APPROVE A MEMORANDUM OF AGREEMENT WITH THE WATERSHED CONSERVATION RESOURCE CENTER FOR CONTINUED MAINTENANCE OF STREAM RESTORATION PROJECTS AND OTHER NONPOINT SOURCE POLLUTION RELATED ISSUES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign a Memorandum of Agreement with the Watershed Conservation Resource Center for continued maintenance of stream restoration projects and other nonpoint source pollution related issues. Page 1 Chris Brown Submitted By City of Fayetteville Staff Review Form 2024-129 Item ID 6/4/2024 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 5/17/2024 ENGINEERING (621) Submitted Date Division / Department Action Recommendation: Approval of a Memorandum of Agreement (MOA) with the Watershed Conservation Resource Center (WCRC) outlining a general framework for cooperation for continued maintenance of stream restoration projects and other nonpoint source pollution related issues. Budget Impact: 4470.621.8810-5314.00 Sales Tax Capital Improvement Account Number Fund 02097.1 Stormwater Quality Management Project Number Project Title Budgeted Item? Yes Total Amended Budget $ 258,835.00 Expenses (Actual+Encum) $ 66,789.87 Available Budget $ 192,045.13 Does item have a direct cost? No Item Cost $ - Is a Budget Adjustment attached? No Budget Adjustment $ - Remaining Budget 192,045.13 V20221130 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: MEMORANDUM OF AGREEMENT Between Watershed Conservation Resource Center And City of Fayetteville This Memorandum of Agreement (MOA) is entered into and executed on the date indicated below the signature block, by and between the Watershed Conservation Resource Center, hereinafter referred to as WCRC, and the CITY OF FAYETTEVILLE. A. PURPOSE The purpose of this MOA is to establish a general framework for cooperation between the WCRC and the CITY OF FAYETTEVILLE to 1) continue establishment of stream restoration projects that achieve the common goal of restoring unstable sections of streams to a morphologically stable form utilizing a natural channel design approach and 2) to work together on nonpoint source (NPS) related issues associated with reducing nutrients and improving riparian and other natural areas. Innovative approaches have been used in implementing stream restoration projects that have resulted in improved water quality of the City's watersheds and addressed severe streambank erosion, while restoring aquatic and terrestrial habitat and maintaining a sustainable, natural hydrology. Continued cooperation will serve the parties' mutual interest. B. STATEMENT OF MUTUAL INTERESTS AND BENEFITS The WCRC is a nonprofit organization that strives to protect, conserve, and restore natural resources by utilizing the watershed approach, conducting environmental outreach, and providing planning and technical assistance to landowners, communities, and government. The WCRC principals and staff are regional experts and local leaders in implementing natural channel design -based stream restorations that meet multiple local and regional objectives relating to river channel instability, water quality, ecological services, and green infrastructure. This MOA is of benefit to the CITY OF FAYETTEVILLE because these activities will help to meet the objectives of the City's Nutrient Reduction Plan and will lead to both aquatic and terrestrial habitat restoration, improved water quality in the form of phosphorus and sediment reductions, reduced streambank erosion, improve aesthetics of local streams and rivers, and contribute to the quality of life for the residents of Fayetteville. This effort will also help to promote the use of alternatives to traditional channel modifications in both urbanizing and rural areas. The WCRC and the CITY OF FAYETTEVILLE partnered and have been awarded multiple federal grant awards for restoring streams within the City and for assessing streams and natural resource conditions for stability and pollution potential. These projects have brought over $5,800,000 in Federal funding to the City for water quality and other environmental improvements and have helped to create local partnerships and outreach opportunities in the areas of river restoration, riparian enhancement, and watershed planning. Ten stream and streambank restoration projects have been implemented that have resulted in over 19,900 tons of 1 sediment and 12,000 lbs of total phosphorus reductions, annually from streambank erosion, restored both aquatic and terrestrial habitat, protected City infrastructure, and improved aesthetics of City Parks and other properties. The WCRC currently has three active projects with the City and other conservation partners to conduct additional river restoration and assess urban streams and riparian areas to identify priority sites in need of restoration. C. FEES AND PAYMENTS No fee is associated with this MOA. As projects are identified by the City, a Task Order establishing the scope, fee, and payment terms for the project will be developed. The basis of this fee and justification for the fee shall be contained in an Appendix attached to each Task Order. Adjustment of the fee may be made should WCRC establish and the CITY OF FAYETTEVILLE agree that there has been, or is to be, a significant change in scope, complexity or character of the services to be performed; or if the CITY OF FAYETTEVILLE decides to shorten the duration of work from the time period specified in the Agreement for completion of work and such modification warrants such adjustment. In consideration of the above premises, the parties agree as follows: D. THE WCRC: 1. Shall continue the establishment and necessary modification/corrections to those stream restoration projects on which the City has partnered for a period of approximately 5 years after the completion of the project. After which time the project will be evaluated by the parties to determine the appropriate continued maintenance. 2. Upon approval of specific Task Orders by the Mayor or City Council, as required by the City's procurement requirements, shall provide the services detailed in each Task Order. Said tasks may include: a. Vegetation establishment and management at City sponsored stream restoration projects. b. Corrective action and repairs of the restoration projects that may be necessary due to high water events or other natural occurrences. c. Assistance to the CITY OF FAYETTEVILLE in addressing other NPS related issues. 3. Shall accomplish other specific tasks as detailed in each Task Order. 4. Shall possess a valid contractor's license issued by the Arkansas Contractor's Licensing Board when the cost of the work to be done on any project undertaken on behalf of the City pursuant to this MOA or any Task Order, including, but not limited to, labor and materials, is fifty thousand dollars ($50,000.00) or more, as required by Ark. Code Ann. 17-25-101, et seq. A copy of the license shall be provided to the City at the time WCRC submits its proposal for such a qualifying project. E. THE CITY OF FAYETTEVILLE: 1. Shall coordinate all activities within the City of Fayetteville Divisions and Departments and between the CITY OF FAYETTEVILLE and the WCRC. 2. Shall assist with project activities and tasks. 3. Shall provide documentation of all project activities and associated matching funds. 4 4. Recognizes that their participation in stream restoration and NPS projects is an integral component in the success of the project that will result in improved water quality and habitat restoration. 5. Shall accomplish other specific tasks as detailed in each Task Order. F. IT IS MUTUALLY AGREED AND UNDERSTOOD BY ALL PARTIES THAT: 1. FREEDOM OF INFORMATION ACT (FOIA). CITY OF FAYETTEVILLE contract and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the CITY OF FAYETTEVILLE, the WCRC will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19- 101 et. seq.) Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. Any information furnished to the WCRC under this instrument is subject to the Freedom of Information Act (5 U.S.C. 552). 2. MODIFICATION. Modifications within the scope of the instrument shall be made by mutual consent of the parties. Changes, modifications, or amendments in scope (other than as specifically established in this MOA), price or fees to this agreement shall not be allowed without a prior formal contract amendment approved by the Mayor and/or the City Council in advance of the change in scope, cost or fees. 3. PARTICIPATION IN SIMILAR ACTIVITIES. This instrument in no way restricts the WCRC or the CITY OF FAYETTEVILLE from participating in similar activities with other public or private agencies, organizations, and individuals. 4. COMMENCEMENT/EXPIRATION DATE. The instrument is executed as of the date of the last signature and is effective for five years. 5. PRINCIPAL CONTACT. The principal contacts for this instrument are: Sandi Formica, Executive Director Watershed Conservation Resource Center 380 West Rock Street Fayetteville, AR 72701 Office Phone: 479-444-1916 Cell Phone: 501-352-5252 Office Fax: 928-396-2546 E-mail: foi-inicanwatershedconservation.ors Chris Brown, P.E., City Engineer City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 Phone: 479-575-8206 Fax: 479-575-8202 E-mail: cbrownnfayetteville-ar.gov Alan Pugh, Staff Engineer City of Fayetteville Phone: 479-575-8206 E-mail: apughnfayetteville-ar.gov 3 6. NONDISCRIMINATION. During the performance of this agreement, all parties will abide by the terms of Executive Order 11246 on nondiscrimination and will not discriminate against any person because of age, race, color, religion, sex, national origin, or disability. Sandi J. Form' a, Executive Director Watershed Conservation Resource Center 11111111 G\1 Y C) 9 i Kara Paxton, City lerk/Treas er •, City of Fayetteville J. /V ` OtA D to June 4, 2024 Date June 4, 2024 4 Watershed Conservation Resources Center Task Order No. 13 City of Fayetteville Staff Review Form 2024-0705 Item ID ARCHIVED N/A City Council Meeting Date-Agenda Item Only N/A for Non-Agenda Item Peter Nierengarten 11/7/2024 SUSTAINABILITY/RESILIENCE (631) Submitted By Submitted Date Division/Department Action Recommendation: Approval of Task Order No. 13 in the amount of$27,000 with the Watershed Conservation Resources Center for continuing riparian habitat enhancement and channel stability establishment in Tanglewood Branch and associated tributaries in the Fay Jones Woods and the Lower Ramble Budget Impact: 1010.631.6310-5315.00 Sustainability-Contract Services Account Number Fund Project Number Project Title Budgeted Item? Yes Total Amended Budget $ 72,142.95 Expenses (Actual+Encum) $ - Available Budget $ 72,142.95 Does item have a direct cost? Yes Item Cost $ 27,000.00 Is a Budget Adjustment attached? No Budget Adjustment $ - Remaining Budget $ 45,142.95 V20221130 Purchase Order Number: Previous Ordinance or Resolution# Resolution 149-24 Change Order Number: Approval Date: 11/14/2024 Original Contract Number: Comments: CITY OF FAYETTEVILLE STAFF MEMO ARKANSAS TO: Lioneld Jordan, Mayor THRU: Susan Norton, Chief of Staff FROM: Peter Nierengarten, Environmental Director DATE: November 7, 2024 SUBJECT: Approval of Task Order No. 13 in the amount of$27,000 with the Watershed Conservation Resources Center for continuing riparian habitat enhancement and channel stability establishment in Tanglewood Branch and associated tributaries in the Fay Jones Woods and the Lower Ramble RECOMMENDATION: Staff recommends approval of Task Order No. 13 in the amount of$27,000 with the Watershed Conservation Resources Center for continuing riparian habitat enhancement and channel stability establishment in Tanglewood Branch and associated tributaries in the Fay Jones Woods and the Lower Ramble BACKGROUND: On June 4, 2024, City Council approved Resolution 149-24 to enter into a memorandum of agreement (MOA) with the Watershed Conservation Resource Center (WCRC). The resolution expressed the City's desire to work jointly with the WCRC to identify, fund and complete stream restoration projects, work together on nonpoint source (NPS) related issues associated with reducing nutrients, and improving riparian and other natural areas. To that degree, the City and WCRC have completed several restoration projects though this partnership. These projects include but are not limited to: the White River Riverbank Stabilization Project, Niokaska Creek within Sweetbriar Park, Niokaska Creek within Gulley Park, the West Fork of White River Airport Site and Tanglewood Branch within the Fay Jones Woods. DISCUSSION: The MOA outlines a process by which task orders can be developed for various activities that are in line with the goal of reducing NPS pollution and restoring the City's streams. This Task Order is presented pursuant to the MOA and consists of continuing efforts to establish and maintain dense native vegetation as well as make minor modifications as necessary to recently completed stream and riparian restoration project on Tanglewood Branch and an unnamed tributary within the Fay Jones Woods portion of the Ramble Project. This maintenance and vegetation management work is necessary to ensure the continued success of this highly visible element within the Lower Ramble and includes: • Minor hand repairs of structural components of the restoration • Repair of soil mattresses • Re-setting of boulders that may become displaced • Irrigation of vegetation during summer months Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 • Removal of invasive vegetation • Planting additional native plants to enhance vegetation density and improve aesthetics • Enhancement of off-channel natural areas such as seeps, springs, and wetlands • Thinning vegetation as needed Establishment of a high-density riparian zone consisting of native vegetation is critical in creating a stream restoration project that will, upon maturity of the vegetation, be able to withstand the power of future flood events. This can take several growing seasons to achieve and ensure the native species are not overrun with invasive species. Also, minor adjustments occasionally need to be conducted within the stream or river channel restoration area to prevent cumulative degradation of the restoration project. This Task Order is intended to cover costs associated with minor and routine maintenance of the site. Repair of major damage to the project resulting from large and infrequent flood events are not covered under this agreement and will be addressed though supplemental agreements. Ultimately this Task Order helps to project the investments in the Ramble Project made by the City of Fayetteville to improve water quality, habitat and recreational values of our local streams and water bodies. The Term of the Agreement is from November 11, 2024 to December 31, 2025. BUDGET/STAFF IMPACT: Funding has been allocated for this maintenance work within the 2024 Sustainability Department contract services budget. 1010.631.6310-5315.00 Additional funding has been requested for the 2025 budget. Attachments: Task Order No. 13 Resolution 149-24 2 THE CITY OF FAYETTEVILLE,ARKANSAS TASK ORDER NO. 13 RIPARIAN HABITAT ENHANCEMENT AND MANAGEMENT AND CHANNEL STABILITY ESTABLISHMENT TANGLEWOOD BRANCH AND ASSOCIATED TRIBUTARIES AT FAY JONES WOODS AND FAYETTEVILLE LOWER RAMBLE STATE OF ARKANSAS COUNTY OF WASHINGTON This Task Order is written pursuant to the Memorandum of Agreement (MOA) as described in Resolution 149-24 executed on June 4, 2024. The referenced MOA pertains to potential stream restoration projects and associated services with the Watershed Conservation Resource Center (WCRC). This Task Order entered into and executed on the date indicated below the signature block by and between the City of Fayetteville (CITY) and WCRC sets forth the project description, schedule and associated fees for services related to enhancing and maintaining the recently completed stream and riparian restoration project on Tanglewood Branch and an un- named tributary as part of the Fayetteville Lower Ramble project located in the Fay Jones Woods. The initial stream and riparian restoration work was funded in part by an Environmental Protection Agency Region 6 Wetlands Planning Grant developed by the WCRC and submitted by the CITY. Section I - Project Description The work associated with this task order consists the WCRC of providing services to the CITY in order to establish long-term stability as well as high level of aesthetic quality to the stream and riparian restoration work along Tanglewood Branch and a tributary located in the Fay Jones Woods, constructed in 2022. The completed work includes restoration of the stream channel, removal of invasive plant species from the riparian zone, and planting of native plants. The work has transformed Tanglewood Branch and the tributary from an underutilized and out-of-sight stormwater channel into an ecological and public asset. The restoration allows the public to utilize Tanglewood Branch in a way that has never happened before. The spring fed stream, now visible and accessible to the public, breathes additional life into the Lower Ramble. Restoration of a stream and riparian area is not a one-time effort and work beyond the initial implementation effort is required during the early years after completion in order to provide time for the project to mature in a self- sustaining manner. This Task Order will establish a framework for the City to provide funding for riparian and stream channel establishment and enhancement activity that will support the myriad of benefits the restoration work is providing the to the community. For example, invasive species consisting of primarily bush honeysuckle and privet were removed from the riparian corridor in the spring of 2021. This work was performed extensively within the riparian area and improved sightlines of the stream channel and through the park greatly. During the growing season of 2022 a vastly different community THE CITY OF FAYETTEVILLE,ARKANSAS of invasive species became established in previously treated areas. A second invasive species removal effort was undertaken to address the second wave of invasive plants. This process will continue and will require intervention until the native plant community is established and can sustain itself. In 2024, the WCRC worked to improve the diversity and thin the density of the vegetative community within the riparian corridor. These efforts improve the experience of the park patrons. Another example of the need for riparian establishment is associated with localized changes in overland runoff as a result of the development of park infrastructure. New pathways of concentrated flow have the potential to create scour and erosion. These areas are often easily addressed through soft engineering practices that enhance the riparian flora while reducing water quality impacts of localized floodplain scour. Irrigation of young plants throughout the riparian corridor will be required to insure long-term viability and beauty of the site. Also, following flood events, minor repairs have been and will continue to be concluded within the stream restoration area to prevent cumulative degradation of the restoration project. This agreement will provide funding for the WCRC to conduct activities that help to continue to establish healthy, native vegetation and channel stability in order to protect the investment that the CITY has made to improve water quality, habitat, and recreational values that exist along Tanglewood Branch within the Lower Ramble. Section II - Project Timeframe The WCRC will conduct the work from November 11, 2024 to December 31, 2025. Section III - Scope of Services The WCRC will perform services that are targeted to maintain and improve the long- term functionality of the stream and riparian restoration work at the Tanglewood Branch project site. These services include two major components: 1) Stream restoration maintenance activities that help to create long-term stability and 2) Vegetation Management. Stream restoration maintenance activities include but will not be limited to a) minor hand repairs of structural components of the restoration b) repair of soil mattresses and c) re-setting of boulders that may become displaced. Riparian enhancement and management activities include but are not limited to a) irrigation of vegetation during summer months b) removal of invasive vegetation c) planting additional native plants to enhance vegetation density and improve aesthetics d) enhancement of off-channel natural areas such as seeps, springs, and wetlands and e) thinning vegetation as-needed to improve user experience. These funds are intended to cover costs associated with minor and routine maintenance of the site. Repair of major damage to the project resulting from large and infrequent flood events are not covered under this agreement and will be addressed though supplemental agreements. Section IV - Fees and Payments THE CITY OF FAYETTEVILLE,ARKANSAS WCRC will perform the above-referenced Scope of Services amounts not to exceed $27,000 for this agreement. The cost basis for the proposed work is presented in Exhibit A attached to this Task Order Section V - Memorandum of Understanding in Effect Except as amended specifically herein, the Memorandum of Understanding Fayetteville shall remain in full force as originally approved. IN WITNESS WHEREOF, the parties hereto have caused this TASK ORDER to be duly executed as of the date and year first herein written. FOR THE Y OF F ETTEVILLE / ' By: Attest: d '' / Mayor Lion Jordan Jackson Shelton, Se�iior eputy Ciry` ¢ G • • ... .. C\T Y p::::.:1i...•Date: \\ I -r1Z0zi-j = -'FAYE7TEVFOR WATERSHED CONSERVATION RESOUCE CENTER '�•�' q l iNG. E �ON .°`��• By: a Attest: �� Sandi Formica Date: hiI doily Exhibit A Cost Basis for Tanglewood Branch Riparian and Channel Establishment and Management at the Ramble through Fay Jones Woods November 11th 2024 through December 31st, 2025 Labor Site Inspections: Project Manager—12 hours @ $180/hr($2,160) Maintenance Prescription: Watershed Specialist—24 hours @ $65/hr($1,560) Invasive Vegetation Removal: Field Technician—180 hours @ $55/hr($9,900) Understory Thinning Field Technician—140 hours @ $55/hr($7,700) Site Irrigation: Field Technician —64 hours @ $50/hr ($3,200) Total Estimated Labor Cost:$24,520 Reimbursable Expenses Herbicide- $880 Native Plants and Seed -$1,100 Misc Supplies-$500 Total Estimated Supplies:$2,480 The total cost for services and reimbursable expenses will not exceed $27,000 during the period when the task order is in effect.