HomeMy WebLinkAboutOrdinance 4989 ORDINANCE NO. 4989
AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL
COMPETITIVE BIDDING AND APPROVING A MEMORANDUM OF
UNDERSTANDING WITH THE WATERSHED CONSERVATION
RESOURCE CENTER IN THE AMOUNT OF $ 141 ,200.00 FOR A
STREAM BANK RESTORATION DEMONSTRATION PROJECT IN
GULLEY PARK.
WHEREAS, the Watershed Conservation Resource Center possesses unique expertise
and resources ideally suited to meet the City of Fayetteville's need for stream bank restoration as
part of the Stormwater Phase II permit requirements; and
WHEREAS, the Watershed Conservation Resource Center can perform this work at a
significant savings to the citizens of Fayetteville.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby determines
an exceptional situation exists in which competitive bidding is deemed not feasible or practical
and therefore waives the requirements of formal competitive bidding and approves a
Memorandum of Understanding (marked as Exhibit "A" attached hereto and made a part hereof)
between the City of Fayetteville, Arkansas and the Watershed Conservation Resource Center in
the authorizes Mayor 0.00 for
r Streate this k Bank Restoration Demonstration Project in Gulley Park,
and
PASSED and APPROVED this 6's day of March, 2007. ..Z� '&jY Of,, '
APPROVED: ATTEST: ceFAYETiEVILLE
5 ;
e� �'%9Sy9.��,KANSP�Jc Ga`'
By: By: � i re4ruwuN`a
DAN CV0MY, ayor SO DRA E. SMITH, City Clerk/Treasurer
k
r
MEMORANDUM OF UNDERSTANDING
Between
Watershed Conservation Resource Center
And
City of Fayetteville
This Memorandum of Understanding (MOU) is made and entered into between the Watershed
Conservation Resource Center hereinafter referred to as WCRC and the City of Fayetteville
referred to as CITY.
A. PURPOSE
The purpose of this MOU is to establish a general framework for cooperation between the
WCRC and the CITY. The WCRC and the CITY propose to work together to conduct the 319
project entitled, "Demonstration of a Natural Channel Design to Restore a Stream Reach
Draining an Urbanized Sub-Watershed," to achieve the common goal of restoring an unstable
section of a stream to a morphologically stable form utilizing a natural channel design approach.
Such cooperation will serve the parties' mutual interest. The project description, schedule of
activities, budget, and roles and responsibilities of the WCRC and the CITY can be found in the
attached workplan.
B. STATEMENT OF MUTUAL INTERESTS AND BENEFITS
Increases in impervious area results in an increase in the frequency and magnitude of storm
events and these effects have been well documented in urbanizing areas. At the same time,
greater amounts of impervious area results in a reduction in sediment production from upland
erosion processes. These conditions result in a stream network that no longer has a sustainable
balance between the discharge of the stream and the sediment that must be transported to
maintain stable channel dimensions. This imbalance is revealed as stream channel instability and
channel enlargement. Increases in cross-sectional area from 4 to 12 times have been documented
in systems that are enlarging as a result of watershed land cover changes.
Channel enlargement has both local and regional effects on the stream network. Locally, the
unstable channel decreases the aesthetic quality of the area around the eroding creek. The
diversity of channel features is diminished by the loss of pool and riffle habitats and the loss of a
concentrated low-flow channel. On a regional basis, the enlargement of the stream channel
affects receiving streams due to the generation of greater volumes of fine sediment and bedload.
The fine sediment generated by the erosion of the stream channel has the potential to impact the
biology of downstream receiving waters by increasing turbidity, by filling interstitial spaces of
the gravel stream bed, and by clogging fish gills and suffocating eggs and benthic insect larvae.
Increased bedload due to channel instability in headwater tributaries also contributes
significantly to the amount of bedload that must be transported by downstream reaches of the
stream network.
The WCRC strives to protect, conserve, and restore natural resources by utilizing the watershed
approach, environmental outreach, and providing planning and technical assistance to
landowners, communities, and government. Implementing a natural channel design
demonstration project on a section of stream within or near the City of Fayetteville will help the
CITY to meet multiple local and regional objectives relating to stream channel instability, water
quality, and ecological services objectives. This is of benefit to the CITY because the effort will
lead to both aquatic and terrestrial habitat restoration, improved water quality, reduced
streambank erosion, and improve aesthetics of the stream within the City of Fayetteville. This
effort will also help to promote the use of alternatives to traditional channel modifications in
urbanizing areas.
In consideration of the above premises, the parties agree as follows:
C. THE WCRC :
1 . Shall coordinate and carry-out all activities associated with the project as outlined in the
attached workplan as Tasks 1 -7.
2. Shall provide a method for the CITY to document their activities and show matching
funds.
D. THE CITY:
1 . Shall assist with the development of the final restoration design
2. Shall assist with the oversight of construction and implementation.
3. Will be responsible for providing a minimum of matching funds, $ 141 ,200, as shown in
the project budget (appendix 601 , page 14 and Appendix 602, page 15) and according to
the project schedule of the attached workplan.
4. Shall provide documentation of all project activities and associated matching funds.
5. Recognizes that their participation is an integral component in carrying out a successful
project that will result in improved water quality and habitat restoration. Non-
performance of any of the CITY' activities would be detrimental to the success of this
project. This agreement indicates the CITY' good faith intent to fulfill their agreed upon
roles as outlined in the attached workplan to the successful completion of the project. "
E. IT IS MUTUALLY AGREED AND UNDERSTOOD BY ALL PARTIES THAT:
1 . FREEDOM OF INFORMATION ACT (FOIA). 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.
3 . PARTICIPATION IN SIMILAR ACTIVITIES. This instrument in no way restricts the
WCRC or the CITY 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 the life of the project.
5 . PRINCIPAL CONTACT. The principal contacts for this instrument are:
Sandi Formica, Executive Director
WCRC
P.O. Box 250312
Little Rock, AR 72225
Phone: 501 -352-5252
Fax: 928-396-2546
E-mail : wcrc(wawatershedconservation.org
Ron Petrie, City Engineer
City of Fayetteville
113 W. Mountain
Fayetteville, AR 72701
Phone: 479-575-8206
Fax: 479-575-8202
E-mail: rpetrie@ci.fayetteville.ar.us
Sarah Wrede, Flood Plain Coordinator
City of Fayetteville
113 W. Mountain
Fayetteville, AR 72701
Phone: 479-575-8206
Fax: 479-575-8202
E-mail: rpetrie@ci.fayettevilie.ar.us
6. NONDISCRUMNATION. 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.
a d d
Sandi I Formica, Executive Director Date
Watershed Conservation Resource Center
- zat 5 �� a
Dan Coody, Mayor Date
City of Fayetteville
ORD
City of Fayetteville 3110167
Staff Review Form �0 /
City Council Agenda Items
or tv6t�er !5e"
Contracts rwhxn
March 6, 2007 IcGd �
City Council Meeting Date
Ron Petrie Engineering Operations
Submitted By Division Department
Action Required:
An ordinance to waive the requirements of competitive bidding and to approve a proposed partnership agreement
and cost share with the Watershed Conservation Resource Center in the amount of $141 ,200 for a stream bank
restoration demonstration project in Gulley Park.
$ 1419200.00 $ 72%411 .00
Cost of this request Category / Project Budget Program Category / Project Name
4470-9470-5817 $ 66,793.72
Account Number Funds Used to Date Program / Project Category Name
02097 $ 662,617.28 Capital Improvement Const
Project Number Remaining Balance Fund Name
Budgeted Item �X Budget Adjustment Attached
Previous Ordinance or Resolution #
Depa ent Di ector � Original Contract Date:
Original Contract Number:
ud7
City Attorn Date
Receiv lerk's Office
Finance and Internal Service Director Date
Received in Mayor's Office
��
a a! v �
Mayr Date
Comments: ,
City Council Meeting of March 6, 2007
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations
Ron Petrie, City Engineer 1�'� '
From: Sarah Wrede, Staff Engineer
Date: February 16, 2006
Subject: An ordinance to waive the requirements of competitive bidding and to approve
a proposed partnership agreement and cost share with the Watershed
Conservation Resource Center in the amount of $ 141 ,200 for a stream bank
restoration demonstration project in Gulley Park.
RECOMMENDATION
Staff recommends approval of a partnership agreement and cost share with the Watershed
Conservation Resource Center in the amount of $ 141 ,200.00 for a stream bank
restoration demonstration project in Gulley Park.
BACKGROUND
The Watershed Conservation Resource Center, WCRC, is a non-profit organization that
strives to protect, conserve, and restore natural resources by utilizing the watershed
approach, environmental outreach, and providing planning and technical assistance to
landowners, communities, and government. The principals of the WCRC are Sandi J.
Formica and Matthew A. Van Eps, P.E. Together they have over 27 years of progressive
environmental experience including stream stability assessment and restoration planning.
The Watershed Conservation Resource Center applied for and was selected for a Section
319 Grant from the Arkansas Natural Resources Commission to do a partnership and cost
share with the City of Fayetteville for a project titled "Demonstration of a Natural
Channel Design to Restore a Stream Reach Draining an Urbanized Sub-Watershed".
One task of the grant is to select the site. The Watershed Conservation Resource Center
and City of Fayetteville staff has evaluated several possible restoration sites based on
location, extent of stream instability, and potential for ecological service benefits. They
have identified Mud Creek Tributary in Gulley Park as an ideal candidate for restoration.
1
City Council Meeting of March 6, 2007
The Arkansas Natural Resources Commission will provide the Watershed Conservation
Resource Center $ 121 ,000.00 in Section 319 Grant monies and the City of Fayetteville
will provide $ 141 ,200.00 for a project total of $262,200.00.
DISCUSSION:
The goal of this project is to restore an unstable section of a stream to a morphologically
stable form utilizing a natural channel design approach. Using such an approach, many
additional objectives may be achieved including
1 . Reduction of sediment inputs to the watershed basin and improved water
quality.
2. Re-naturalization of the stream corridor in areas that have been cleared of
riparian vegetation.
3 . Reduction of the contraction of the stream network.
4. Increase ecological services in the watershed including the improvement
of aquatic habitat.
5. Improve aesthetics of the stream.
6. Provide alternatives to local developers and city planners by using a
natural channel restoration approach to transport sediment and flow, while
improving both water quality and habitat.
This project will be considered successful if a 75% percent reduction in suspended
sediment resulting from stream bank erosion is observed. Additional success of the
project will be demonstrated by the long-term stability of the restoration management
practices.
The Environmental Concerns Committee is in support of this project.
This project will aid the City in meeting its Stormwater Phase II permit requirements
specifically the "post-construction runoff control' minimum control measure which
requires reductions in pollutants from post-construction runoff.
The proposed project would begin March, 2007 and extend through December 31 , 2008.
BUDGETIMPACT
Currently, there is $662,617.28 remaining in the Drainage Study/Phase II Stormwater
Management account that has been designated for use to fund projects that improve
stormwater quality in the City of Fayetteville.
2
ORDINANCE NO.
AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL COMPETITIVE
BIDDING AND APPROVING A MEMORANDUM OF UNDERSTANDING WITH
THE WATERSHED CONSERVATION RESOURCE CENTER IN THE AMOUNT OF
$ 141 ,200.00 FOR A STREAM BANK RESTORATION DEMONSTRATION
PROJECT IN GULLEY PARK.
WHEREAS, the Watershed Conservation Resource Center possesses unique expertise and resources
ideally suited to meet the City of Fayetteville's need for stream bank restoration as part of the Stormwater Phase II
permit requirements; and
WHEREAS, the Watershed Conservation Resource Center can perform this work at a.signific nt savings
to the citizens of Fayetteville.
NOW, THEREFORE, BE IT ORDAINED BY THE CIUN C L OF HE CITY OF
FAYETTEVILLE, ARKANSAS: ry
Section 1 : That the City Council of the City of Fayetteville, r nsas t(tereby dete mi es an exceptional
situation exists in which competitive bidding is de m"ed not feasible"' r rlitlical and e' efore waives the
requirements of formal competitive bidding and appro es a emorandutoUrid 3standing (marled as Exhibit "A"
attached hereto and made a part hereof)between the i ooff�FayettevilleArkansast0and the W terms Conservation
Resource Center in the amount.of$a_41 ;200.00 for a Str am B�rtk Restor do Demonstration ject in Gulley Park,
and authorizes Mayor Cood to xecu7e ththis agreem k
P SSED and AP R 1 VEDt� h" 6" day o Mare 2 07.
APPROVED: ATTEST :
ByF By:
ISAN COODy ; ayot SONDRA SMITH, City Clerk/Treasurer
MEMORANDUM OF UNDERSTANDING
Between
Watershed Conservation Resource Center
And
City of Fayetteville
This Memorandum of Understanding (MOU) is made and entered into between the Watershed
Conservation Resource Center hereinafter referred to as WCRC and the City of Fayetteville
referred to as CITY.
A. PURPOSE
The purpose of this MOU is to establish a general framework for cooperation between the
WCRC and the CITY. The WCRC and the CITY propose to work together to conduct the 319
project entitled, "Demonstration of a Natural Channel Design to Restore a Stream Reach
Draining an Urbanized Sub-Watershed," to achieve the common goal of restoring an unstable
section of a stream to a morphologically stable form utilizing a natural channel design approach.
Such cooperation will serve the parties' mutual interest. The project description, schedule of
activities, budget, and roles and responsibilities of the WCRC and the CITY can be found in the
attached workplan.
B. STATEMENT OF MUTUAL INTERESTS AND BENEFITS
Increases in impervious area results in an increase in the frequency and magnitude of storm
events and these effects have been well documented in urbanizing areas. At the same time,
greater amounts of impervious area results in a reduction in sediment production from upland
erosion processes. These conditions result in a stream network that no longer has a sustainable
balance between the discharge of the stream and the sediment that must be transported to
maintain stable channel dimensions. This imbalance is revealed as stream channel instability and
channel enlargement. Increases in cross-sectional area from 4 to 12 times have been documented
in systems that are enlarging as a result of watershed land cover changes.
Channel enlargement has both local and regional effects on the stream network. Locally, the
unstable channel decreases the aesthetic quality of the area around the eroding creek. The
diversity of channel features is diminished by the loss of pool and riffle habitats and the loss of a
concentrated low-flow channel. On a regional basis, the enlargement of the stream channel
affects receiving streams due to the generation of greater volumes of fine sediment and bedload.
The fine sediment generated by the erosion of the stream channel has the potential to impact the
biology of downstream receiving waters by increasing turbidity, by filling interstitial spaces of
the gravel stream bed, and by clogging fish gills and suffocating eggs and benthic insect larvae.
Increased bedload due to channel instability in headwater tributaries also contributes
significantly to the amount of bedload that must be transported by downstream reaches of the
stream network.
Page 1 of 4
to meet multiple local and regional objectives relating to stream channel instability, water
quality, and ecological services objectives.
The WCRC strives to protect, conserve, and restore natural resources by utilizing the watershed
approach, environmental outreach, and providing planning and technical assistance to
landowners, communities, and government. Implementing a natural channel design
demonstration project on a section of stream within or near the City of Fayetteville will help the
CITY to meet multiple local and regional objectives relating to stream channel instability, water
quality, and ecological services objectives. This is of benefit to the CITY because the effort will
lead to both aquatic and terrestrial habitat restoration, improved water quality, reduced
streambank erosion, and improve aesthetics of the stream within the City of Fayetteville. This
effort will also help to promote the use of alternatives to traditional channel modifications in
urbanizing areas.
In consideration of the above premises, the parties agree as follows:
C. THE WCRC SHALL:
1 . Coordinate and carry-out all activities associated with the project as outlined in the
attached workplan as Tasks 1 -7.
2. Will provide a method for the CITY to document their activities and show matching
funds.
D. CITY SHALL:
1 . Will assist with the development of the final restoration design
2. Will assist with the oversight of construction and implementation.
3 . Be responsible for providing a minimum of matching funds, $ 141 ,200, as shown in the
project budget (appendix 601 , page 14 and Appendix 602, page 15) of the attached
workplan.
4. The CITY will provide documentation of all project activities and associated matching
funds.
5. The CITY recognizes that their participation is an integral component in carrying out a
successful project that will result in improved water quality and habitat restoration. Non-
performance of any of the CITY' activities would be detrimental to the success of this
project. This agreement indicates the CITY' good faith intent to fulfill their agreed upon
roles as outlined in the attached workplan to the successful completion of the project."
E. IT IS MUTUALLY AGREED AND UNDERSTOOD BY ALL PARTIES THAT:
1 . FREEDOM OF INFORMATION ACT (FOIA). 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.
Page 2 of
3 . PARTICIPATION IN SIMILAR ACTIVITIES. This instrument in no way restricts the
WCRC or the CITY 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 the life of the project.
5. PRINCIPAL CONTACT. The principal contacts for this instrument are:
Sandi Formica, Executive Director
WCRC
P.O. Box 250312
Little Rock, AR 72225
Phone: 501 -352-5252
Fax: 928-396-2546
E-mail: wcrc(cwatershedconservation.org
Ron Petrie, City Engineer
City of Fayetteville
113 W. Mountain
Fayetteville, AR 72701
Phone: 479-575-8206
Fax: 479-575-8202
E-mail: rpetriena,ci.favetteville.ar.us
Sarah Wrede, Staff Engineer
City of Fayetteville
113 W. Mountain
Fayetteville, AR 72701
Phone: 479-575-8208
Fax: 479-575-8202
E-mail: swrede(i�ci.fayetteville.ar.us
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.
Page 3 of 4
Sandi J. Formica, Executive Director Date
Watershed Conservation Resource Center
Dan Coody, Mayor Date
City of Fayetteville
Page 4 of 4