HomeMy WebLinkAboutOrdinance 5268 1
ORDINANCE NO. 5268
AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL
COMPETITIVE BIDDING AND APPROVING A MEMORANDUM OF
UNDERSTANDING WITH THE WATERSHED CONSERVATION
RESOURCE CENTER (WCRC) IN THE AMOUNT OF $ 1885000.00 FOR A
STREAM RESTORATION DEMONSTRATION PROJECT ON NIOKASKA
CREEK THROUGH SWEETBRIAR PARK.
WHEREAS, the Watershed Conservation Resource Center possesses unique expertise
and resources ideally suited to meet the City of Fayetteville's need for stream 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
(WCRC) in the amount of $ 188,000.00 for a Stream Restoration Demonstration Project on
Niokaska Creek through Sweetbriar Park.
PASSED and APPROVED this I " day of September, 2009.
6000�RISG� ep
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APPROVED: ATTEST: =�; •• ' �' '
' FAYETTEVILLE ;
:9s 9R NSP�'J�
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By. By:
I EL AN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
MEMORANDUM OF UNDERSTANDING
Between
Watershed Conservation Resource Center
And
City of Fayetteville
This Memorandum of Understanding (MOU) 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 (CITY of FAYETTEVILLE).
A. PURPOSE
The purpose of this MOU is to establish a general framework for cooperation between the
WCRC and the CITY OF FAYETTEVILLE, who applied together and have received an EPA
wetlands grant to conduct the project entitled, "Stream Restoration Demonstration at Niokaska
Creek in Sweetbriar Park." The CiTY OF FAYETTEVILLE, the award recipient, and the
WCRC, sub-grant recipient, will work to achieve the common goal of restoring an unstable
section of Niokaska Creek to a morphologically stable form utilizing a natural channel design
approach that-includes the development of wetlands. Niokaska Creek flows through Sweetbriar
Park, a city-owned neighborhood park located in the Illinois River watershed. The stream
restoration will improve Sweetbriar Park and the surrounding properties. The urban stream
restoration will use innovative approaches to manage and treat stormwater and address severe
streambank erosion, while restoring aquatic and terrestrial habitat and maintaining a sustainable,
natural hydrology. 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 OF FAYETTEVILLE can be found in the attached work plan.
B. STATEMENT OF MUTUAL INTERESTS AND BENEFITS
Traditional methods of managing stonnwater in our cities result in environmental degradation of
our streams and watersheds. Over the past 30 years, Northwest Arkansas' population tripled to
approximately 400,000. Both forested and agricultural lands have been converted to urban areas,
increasing the amount of impervious surfaces. The increase in runoff from impervious surfaces
has intensified the magnitude and frequency of high flow events in urban streams, which in turn,
increases erosion of stream channels. These conditions have resulted in Niokaska Creek
undergoing channel enlargement along with accelerated streambank erosion.
At the project site there are vertical cut-banks eroding park land. These banks contribute I
sediment and nutrients to the stream. The WCRC will use a natural channel design approach
which is an innovative technique to design and construct a stream restoration that will reduce
instability, reduce sediment and nutrient loads, and enhance the aquatic habitat for a 1 ,600 foot
section of Niokaska Creek. The design will include constructing small floodplains, rock
structures that deflect flow away from banks, and defined riffles and pools. Wetland areas will
be constructed in a flood-prone area adjacent to the stream.
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The project site lies in the Springfield Plateau Ecoregion and during pre-settlement times, the
immediate area was most likely a tall grass prairie ecosystem. A re-vegetation plan will be
developed that encourages the growth of native species and plant selection will be based on
recommendations from local plant and ecosystem experts. The stream corridor will be re-
vegetated with native grasses, shrubs, and trees to enhance the native vegetation, reduce soil
erosion, and to improve the removal of pollutants from stormwater runoff.
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 the Fayetteville city limits helps the CITY !
OF FAYETTEVILLE to meet multiple local and regional objectives relating to stream channel
instability, water quality, and ecological services. This is of benefit to the CITY OF j
FAYETTEVILLE 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 limits of Fayetteville. This effort will also help to promote the use of alternatives to
traditional channel modifications in urbanizing areas.
The project will help to demonstrate a stream restoration that will enhance the local ecosystem
within an urban environment. Benefits of the project include:
• The restoration design will help to dissipate energy from stormwater runoff; thereby,
reducing streambank erosion. The water quality of Niokaska Creek and the Illinois River
will be improved by reducing sediment and nutrient annual loads from the project site by
over 80%.
• The buffer improvements and the establishment of wetlands along the stream will enhance
the infiltration of rain water, help to remove pollutants, and reduce stormwater runoff.
• The stream restoration will result in improved riffle-pool bed features, which will help to
increase water retention and aeration resulting in better assimilation of nutrients.
• The channel will be restored to a natural hydrology and channel enlargement will be reduced
resulting in enhanced aquatic and terrestrial habitat.
• The aesthetics of the park will be improved and safety issues will be eliminated.
• The site will provide education opportunities for alternative design methods to address urban
stream erosion with a focus on ecological restoration, enhancement, and sustainability.
In consideration of the above premises, the parties agree as follows:
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C. THE WCRC:
1 . Shall assist the CITY OF FAYETTEVILLE in completing and submitting the final grant
application.
2. Shall provide project management and engineering.
3 . Shall coordinate and carry-out activities associated with the project as outlined in the
attached work plan as Tasks 1 -6 and assist the CITY OF FAYETTEVILLE on their
designated sections as shown in Tasks 1 -6.
4. Shall provide method and summary to document environmental outputs and outcomes.
5. Shall provide a method for the CITY OF FAYETTEVILLE to document their activities
and show matching funds.
6. Shall submit monthly payment requests by the 10'h of each month for work completed.
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7. Shall provide documentation of $5000 in-kind match from outreach activities.
D. THE CITY OF FAYETTEVILLE:
I . Shall coordinate all activities within the City of Fayetteville Divisions and Departments
and between the CITY OF FAYETTEVILLE and the WCRC
2. Shall coordinate and carry-out activities as outlined in the attached work plan as Task 6
and designated sections of Tasks 1 -5.
3 . Shall administer the grant and oversee the budget and the procurement of construction
materials and services.
4. Shall pay to the sub-grant recipient, the WCRC, a sum not to exceed $ 188,000 as outlined
in the budget section of the attached work plan . This amount is included in the overall
project budget of $317,000.
5. Shall provide review and input into the final restoration design.
6. Shall oversee activities at Sweetbriar Park and coordinate Parks' staff needed for
implementation of the restoration design. .
7. Shall provide documentation of all project activities and associated matching funds.
8. 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 OF FAYETTEVILLE's activities would be detrimental
to the success of this project. This agreement indicates the CITY OF FAYETTEVILLE's
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). 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-
01 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, 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.
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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 l
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
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: wcrcQwatershedconservation.org .
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: cbrown(a),ci.favetteville.ar.us
Sarah Wrede, E.I., Flood Plain Coordinator
City of Fayetteville
Phone: 479-575-8206
E-mail: swredena.ci.fayetteville.ar.us
Carole Jones, P.E., Park Planner
City of Fayetteville
Phone: 479-444-3472
E-mail: cdjones(a)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.
August 13, 2009
Sandi J. Forret a, Executive Director Date
Watershed Conservation Resource Center
n d Jor yor to
Ci of Faye elle
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Project Narrative
Section 1 : Cover Page
Project Title: Stream Restoration Demonstration at Niokaska Creek in Sweetbriar Park
Priority: 2. Regional Priority Areas: 1 . Wetland R Stream Restoration 2. Watershed Planning
Name of Applicant: City of Fayetteville, Arkansas
Key personnel and contact information :
Sarah Wrede, City of Fayetteville, Engineering, swrede c�ci. fayetteville.ar.us, (479) 575-8208
Carole Jones, City of Fayetteville, Parks, cdiones cr ci .fayetteville.ar.us, (479) 444-3472
Sandi Formica, WCRC, formicaPwatershedconservation.org, (501 ) 352-5252
Geographic Location : Hydrologic Unit Code: 11110103 ; Illinois River Watershed
Total Project Cost : $ 317,000 Federal Dollars Requested : $234,000
Abstract/Project Summary:
The City of Fayetteville (City) in partnership with the Watershed Conservation Resource Center
(WCRC) proposes to implement an urban stream restoration using a natural channel design approach
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that includes the development of wetlands in a flood-prone area adjacent to the stream. The project
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location is Fayetteville, Arkansas on Niokaska Creek, which flows through Sweetbriar Park, a city-
owned neighborhood park located in the Illinois River watershed. The 1 ,600 ft urban stream
restoration will use innovative approaches to manage and treat stormwater and address severe
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streambank erosion, while restoring aquatic and terrestrial habitat and maintaining a sustainable,
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natural hydrology. A re-vegetation plan will be developed that encourages the growth of native
species at the stream restoration site. The water quality of Niokaska Creek and the Illinois River will
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be improved by reducing sediment and nutrient average annual loads by a projected 80% at the
project site.
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Section 2 : Project Description
a. Description of Project — The City of Fayetteville (City) in partnership with the Watershed
Conservation Resource Center (WCRC) proposes to implement an urban stream restoration using a
natural channel design approach that includes the development of wetlands in Fayetteville, Arkansas.
Niokaska Creek flows through Sweetbriar Park, a city-owned neighborhood park located in the
Illinois River watershed (Section 5 : Attachment 1 ). The urban stream restoration will use innovative
approaches to manage and treat stormwater and address severe streambank erosion, while restoring
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aquatic and terrestrial habitat and maintaining a sustainable, natural hydrology.
Traditional methods of managing stonnwatcr in our cities result in environmental degradation of
our streams and watersheds. Over the past 30 years, Northwest Arkansas' population tripled to
approximately 400,000. Both forested and agricultural lands have been converted to urban areas,
increasing the amount of impervious surfaces. The increase in runoff from impervious surfaces has
intensifred.the magnitude and frequency of high flow events in urban streams, which in turn,
increases erosion of stream channels. These conditions have resulted in Niokaska Creek undergoing
channel enlargement along with accelerated streambank erosion.
At the project site there arc vertical cut-banks eroding park land (Section 5 : Attachment 2). These
banks contribute sediment and nutrients to the stream. The WCRC will use a natural channel design
approach which is an innovative technique to design and construct a stream restoration that will
I
reduce instability, reduce sediment and nutrient loads, and enhance the aquatic habitat for a 1 ,600
I
foot section of Niokaska Creek. An example of natural channel design techniques is shown in
Section 5: Attachment 3 . The design will include constructing small floodplains, rock structures that
deflect flow away from banks, and defined riffles and pools. Wetland areas will be constructed in a
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flood-prone area adjacent to the stream.
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The project site lies in the Springfield Plateau Ecoregion and dining pre-settlement times, the
immediate area was most likely a tall grass prairie ecosystem. A re-vegetation plan will be
developed that encourages the growth of native species and plant selection will be based on
recommendations from local plant and ecosystem experts. The stream corridor will be re-vegetated
with native grasses, shrubs, and trees to enhance the native vegetation, reduce soil erosion, and to
improve the removal of pollutants from stormwater runoff.
The project will help to demonstrate a stream restoration that will enhance the local ecosystem
within an urban environment. Benefits of the project include:
• The restoration design will help to dissipate energy from stonmvater runoff, thereby, reducing
streambank erosion. The water quality ofNiokaska Creek and the Illinois River will be
improved by reducing sediment and nutrient annual loads from the project site by over 80%.
• . The buffer improvements and the establishment of wetlands along the stream will enhance the
infiltration of rain water, help to remove pollutants, and reduce stonnwater runoff.
• The stream restoration will result in improved riffle-pool bed features; which will help to increase
water retention and aeration resulting in better assimilation of nutrients.
• The channel will be restored to a natural hydrology and channel enlargement will be reduced
resulting in enhanced aquatic and terrestrial habitat.
• The aesthetics of the park will be improved and safety issues will be eliminated.
• The site will provide education opportunities for alternative design methods to address urban �
stream erosion with a focus on ecological restoration, enhancement, and sustainability.
To transfer the technology and information derived from this project, outreach events will be
conducted. Also, the project will be monitored for success for three years to demonstrate
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effectiveness of the techniques used. This is a demonstration project with developmental and
program building activities, outside the scope of existing regulatory requirements.
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b. Project Tasks — The tasks that will be carried out to develop and implement this project are
summarized as follows:
Task l: Development gfQuality Assurance/Quality Control (QA/QC) Plan. A QA/QC plan will be
developed to assure that data collection activities result in quality data. The WCRC will be
responsible for this task. Deliverable: EPA Approved QA/QC plan
Task 1: Site Monitoring and the Collection of Pre and Post Implementation Data. Under this task,
1 ) An inventory of channel condition prior to restoration will be conducted to help estimate sediment
and nutrients loads from streambank erosion; 2) Establish sites for measuring bank profiles and
collect data before and after restoration to estimate erosion rates; 3) Conduct biological assessment
once before and two times following restoration. The WCRC will be responsible for subtasks 1 ) and
2). The applicant will be responsible for 3). Deliverables: Inventory results, estimated sediment and
nutrient loads, and results of biological assessments.
Task 3: Development of Restoration Design. Under this task a stream restoration design using the
natural channel design approach will be developed by 1 ) Conducting site survey including existing
stream morphology data; 2) Developing restoration site plan that includes the wetland design; 3)
Developing re-vegetation plan; 4) Developing construction drawings; 5) Performing HEC-RAS
modeling to confirm "No-Rise" conditions for the 100-year flood elevation. The WCRC will be
responsible for subtasks 1 ) — 4). The applicant will be responsible for subtask 5). Deliverables:
Restoration design report, re-vegetation plan, and letter of "No-Rise "
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Task 4: Construction of Restoration Design. Under this task the stream and wetland restoration will
be constructed. Activities include 1 ) Purchase of construction materials; 2) Prepare site for
construction, including installation of safety fence, delivery of materials and equipment, removal of
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invasive species, and stake site plan elevations; 3) Construction of the stream channel, structures,
floodplains, and wetlands; and 4) Building soil mattresses and re-vegetation. The WCRC will be
responsible for restoration design construction, subtasks 2) — 3); the site will be inspected j
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! periodically following major storm events and if needed, small repairs will be conducted. The
applicant will be responsible for subtask 1 ) and selection of construction contractor. Deliverables:
Implementation Summary
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Task 5: Technology Transfer and Outreach. Under this task the technical transfer and outreach will
be conducted by 1 ) providing ten or more field tours to individuals or groups of developers, city
planners, local decision makers, and/or environmental professionals; 2) incorporating the project
information into local workshops and courses; and 3) hosting a planting day. The applicant and the
WCRC will be responsible. Deliverables: Outreach activities summary
jTask 6: Administrative and Reporting. The applicant will provide project oversight and develop 1 )
quarterly reports and 2) a final report. Deliverables: Quarterly and Final Reports
c. Milestone Schedule
Milestone/Task Start Date End Date Product
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1 : Develop QAPP 10/15/09 01 /15/10 Approved QAPP
2 : Site Monitoring
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1 ) Inventory Channel Condition 12/15/13 Inventory results
2) Estimate Erosion Rates 12/15/13 Loading estimates
3) Conduct Biological Assessment 12/15/13 Assessment results
3 : Restoration Design Development
1) Site Survey 01 /15/10 03/31 /10 Site Condition
2) Develop Site Plan 04/01 /10 06/30/10 Restoration layout it
3) Develop Re-vegetation Plan 04/01 /10 06/30/10 Re-vegetation plan
4) Develop Construction Drawings 04/01 /10 06/30/10 Construction drawings
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5) Perform HEC-RAS Modeling 04/01 /10 07/30/10 Letter of "No-Rise" j
4: Construct Restoration 04/01/10 12/15/10 Summary of construction
5 : Outreach 12/15/10 11 /30/13 Summary of activities
6. Reporting - Quarterly Report 10/ 15/09 03/31 /14 Progress report
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Final Report 12/15/13 03/31 /14 Final report
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d. Project Need - Traditional approaches to addressing channel enlargement in urbanizing areas
include treatments such as, channelization and lining with concrete, use of rip-rap, and enclosure of
the tributary stream into a culvert system. These treatments may address a singular concern, such as,
reducing the amount of sediment produced at the site level, but they are expensive, do not improve
aesthetics, decrease biodiversity, are not sustainable, and generally move the imbalance between
streamflow and sediment transport to downstream property owners. A stream restoration project
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using a natural channel design is needed because it is a progressive approach that will resolve the
effects associated with channel enlargement, while improving water quality and achieving many
socially and ecologically beneficial objectives. Also, this project will include the development of
wetlands as a component of the restoration, so it will provide the opportunity to present the
importance of wetlands and their function in ecosystems. The presentation of the results of this
project can help to encourage the inclusion of stream and wetland protection along with restoration as
part of local and state government programs.
e. National and/or Regional Priority Areas — The project addresses Regional Priority Areas: 1 .
Wetland & Stream Restoration and 2. Watershed Planning. Using a natural channel design to
address accelerated streanbank erosion, develop wetlands, and create habitat in an urban
environment is a comprehensive, innovative approach to manage and treat urban stormwater and
restore an urban stream in a way that is sustainable and restores the natural hydrology. The City is
partnering with the WCRC, a small non-profit conservation organization who specializes in
watershed and stream assessment along with watershed planning, to integrate more natural
restoration methods into their urban stream systems to improve water quality, encourage more native
species, and increase wildlife habitat into their parks and other urban areas. The City will use the
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experience gained from this project to better plan for future development projects. The experience
from this project will help to identify areas in which stream and wetland restoration can be achieved.
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A site map and photographs are shown in Section 5: Attachments 1 & 2. The environmental
condition of the site is there are vertical cut-banks eroding park land 1 ) contributing sediment and
nutrients to the stream which degrades the water quality and 2) undermining the riparian area. The
poorly developed bed features of the stream and lack of water clarity provide limited habitat for
aquatic life. Seasonal perched water discharging from the side of a cut bank was observed at the site. I
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The City is the primary landowner of the site and has spoken with landowners within the project site.
The other landowners are aware of the erosion problem and have agreed to participate in the project.
The project also addresses regional priorities and local objectives associated with the Illinois
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River watershed and watershed planning. The Illinois River has four 303 (d) listed segments shown
by the Arkansas Department of Environmental Quality (ADEQ) as impaired and in need of
additional data, with siltation/turbidity specified as the cause and surface erosion specified as the
source for two of the segments. Also, the Illinois River watershed is considered a priority by the
Arkansas Natural Resource Commission for reducing nutrients. This project will help to reduce both
sediment and nutrient loads in the Illinois River. The Illinois River Watershed Partnership (IRWP) is
developing a comprehensive watershed management plan for the upper Illinois River watershed. The
IRWP is focusing on the establishment and preservation of riparian buffers within the watershed
which will help reduce sediment and excess nutrients in the upper Illinois River Basin.
f. Project Goals and Objectives:
i. Stated ObjectivelLink to EPA Strategic Plan - The project objectives are:
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• Increase biological services to the community by using new and innovative methods to restore a
section ofNiokaska Creek
• Improve water quality by reducing water pollution, specifically, sediment, phosphorus, and
lnitrogen loadings to Niokaska Creek and the Illinois River
• Enhance riparian corridor, terrestrial habitat, and aquatic habitat
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