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
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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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• Develop wetlands and enhance native plant species in an urban area
• Improve aesthetics of a park using natural materials and native plants
• Provide outreach on urban stream stability and natural channel restoration
These objectives are directly linked to EPA's Strategic Plan, Goal 4: Healthy Communities,
Objective 4.3: Restore and Protect Ecosystems, Sub -Objective 4.3.1: Increase Wetlands. The
restoration of the stream, its corridor, and the development of wetlands is a comprehensive approach
to restoration and the pre -settlement tall grass prairie ecosystem will be considered in the design.
Conducting this project in an urban setting, where the streams and adjacent landscapes have become
stormwater drains over past decades, demonstrates these new techniques in a highly visible location,
Sweetbriar Park. The general public's appreciation of this approach will encourage environmental
planners, local decision makers, and other cities in the watershed along with watershed practitioners
to begin to incorporate these restoration techniques to address similar problems in other locations and
on a watershed scale. The project promotes healthier communities; working with partners within the
community, wetlands will be created.
ii. Results ofActivities (Outputs) - The expected environmental outputs are 1) development of a
1,600 ft stream restoration site that includes wetlands to demonstrate the effectiveness of the natural
channel design approach as an urban stream restoration technique; 2) development of a re -vegetation
plan that demonstrates the use of native plants in an urban area to help treat and filter stormwater
runoff, 3) development of information on a demonstration project that will contribute to a broader
understanding of stream and wetland systems locally and statewide; and 4) development of
monitoring data to demonstrate the effectiveness of restoration projects. These outputs are linked to
the EPA Strategic Plan because through this project an ecosystem will be restored using an integrated
and comprehensive approach and partnerships.
iii. Anticipated Environmental bnprovernents (Outcomes) — The expected environmental outcomes
from this project are 1) reduced sediment, nitrogen, and phosphorus loadings from accelerated stream
bank erosion by over 80%; 2) increased understanding of the function and structure of stream and
wetland systems; 3) improved aquatic communities; 4) increased quantity of wetlands; and 5)
increased understanding of using natural materials and design approaches to improve urban stream
water quality. These outputs are linked to the EPA Strategic Plan because wetlands will be created
and communities will be healthier. Outcomes 1) and 3) will be tracked using the monitoring plan
described in this proposal. Items 2) and 5) will be tracked by providing questionnaires to tour
participants before and after and then comparing the results.
iv. Established Baseline. for Measurement — The erosion rate data collection and biological
assessment will be conducted prior to restoration to establish baseline data. Prior to conducting tours
of the constructed restoration, questionnaires will be given to participants to establish their attitude
before being exposed to the project.
g. Restoration Demonstration Project Information - Based on locally developed streambank
erosion prediction curves and existing stream conditions, the vertical cut -banks (six to seven feet tall)
at the site erode an average of 0.6 feet per year. Preliminary sediment, phosphorus, and nitrogen
estimated annual loadings are 180,000 lbs/yr, 110 lbs/yr, and 137 Ibs/yr, respectively.
The post -installation monitoring program will be funded through this project. Sediment and
nutrient load reductions will be estimated by installing toe pins on restored banks and measuring
erosion rates annually. This data will be used along with existing local data collected to calculate
contaminant loads. Also, two biological assessments will be conducted following implementation.
The site will also be photo -documented throughout the project.
The following permits and authorization will need to be obtained: I) USACE Section 404 permit;
2) letter of "no rise" in the 100 year flood elevations; and 3) ADEQ temporary authorization.
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h. Planning Project Information - The stream restoration project does include the construction of
wetlands in a flood prone area adjacent to the stream. Wetlands are associated with tall grass prairie
ecosystems, so the construction of the wetland will enhance the stream restoration and move towards
an overall ecosystem restoration. The elevation of the existing feature and the observation of a
shallow perched water system indicate that the site will be idea for including a wetland adjacent to
the stream. The wetland will enhance the removal of pollutants and improve the water retention of
the restoration site. The wetland will also act as an education tool to demonstrate I ) the interaction
of streams, wetlands, and the surrounding landscape and their importance in restoring ecosystems
and 2) the need to include wetlands in watershed planning.
The Illinois River watershed is listed as an EPA Region 6 priority. 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 as a way to help reduce sediment and excess nutrients in the upper
Illinois River Basin. The proposed project will help meet watershed planning objectives by
improving the riparian area and water quality of a headwater stream in the Illinois River watershed.
i. Staffing Information - The following staff will have primary roles and responsibilities in
implementing this project. Resumes and other information can be found in Section 5: Attachment 4:
• Sarah Wrede, City of Fayetteville, Engineering Division — Sarah will be the Project Coordinator.
She will coordinate all activities within the City Divisions and between the City and the WCRC
along with the other project partners. She will oversee the budget and HEC-RAS modeling.
Sarah will review and provide input into the final restoration design and monitoring plan.
• Carole Jones, P.E., City of Fayetteville, Parks and Recreation Department — Carole will be the
Implementation Coordinator and contact for the Parks and Recreation Department. She will
oversee all activities at Sweetbriar Park and will coordinate Parks' staff needed for
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implementation of the restoration design. She will also assist with the coordination of planting
days and providing tours of the restoration project to environmental professionals and contractors.
She will oversee the procurement of construction materials and services. Carole will review and
provide input into the final restoration design.
• Parks and Recreation Department Staff, City of Fayetteville — several staff people will assist
with the construction of the restoration by providing I) input and review into the re -vegetation
plan, 2) assistance in the removal of vegetation and invasive species to prepare the site for
construction, 3) providing assistance and necessary equipment to move dirt, rock, and other
materials on site, and 4) assistance with preparation of `volunteer planting days.'
• Sandi Formica, Watershed Conservation Resource Center — Sandi will be the Project Manager.
She will be responsible for the implementation of the stream restoration and the pre and post
monitoring. She will assist with the development of stream restoration design and construction
oversight. She will work with project partners to develop the re -vegetation plan, the wetland
design, and the project outreach.
• Mathew Van Eps, P.E., Watershed Conservation Resource Center— Mathew will be the Project
Engineer. He will be responsible for the development of the stream restoration design, obtaining
permits and authorizations, construction oversight, and collection of pre and post monitoring data.
j. Applicant's Experience — The City of Fayetteville has been acknowledged for its enviromnental
awareness for many years. The City is currently recognized as leading the State of Arkansas in
sustainability and green infrastructure policies. The current administration has expressed interest and
support in establishing more native grasses in the City's parks to reduce maintenance and enhance
the natural settings. Additionally, the City has recently developed a city-wide phosphorus reduction
plan and developed a conceptual stream restoration plan for Red Oak Park with the Arkansas Game
and Fish Commission Region I Stream Team.
11
The City of Fayetteville partnered with the WCRC in 2008 and successfully completed a stream
restoration project along Niokaska Creek in Gulley Park. The project was funded with an EPA Clean
Waters Act Section 319 grant. The section of Niokaska Creek that was restored is located
downstream from the section proposed in this grant proposal. This has been a successful project
because approximately 1,200 feet of streambank was restored using a natural approach. The park
patrons and adjacent property owners have been pleased with the aesthetics and final outcome of the
project. In addition, the conditions of the stream were greatly improved and enhanced by the project.
Aquatic wildlife has returned to the stream and erosion has been greatly reduced.
The Watershed Conservation Resource Center (WCRC) is a 501(c) (3) non-profit organization
whose mission is to protect, conserve, and restore natural resources. The co-founders and principals
of the WCRC, Sandi J. Formica and Mathew Van Eps, have extensive backgrounds and are leading
regional experts in watershed management, watershed assessment, stream stability analysis, natural
channel restoration design and the utilization of GIS for inventory and evaluation of natural resource
condition. The WCRC provides specialized assistance concerning watershed resource issues to a
variety of organizations including; watershed groups; local, state and federal governments; non-profit
organizations; conservation districts; and other entities that request assistance. The staff has a broad
range of experience with the watershed approach and has spent many years working throughout
Arkansas on a variety of watershed issues. The WCRC is housed in Fayetteville, Arkansas.
The WCRC is engaged in several watershed assessment and stream restoration projects. At this
time, the WCRC has received funding for the design of three stream restoration projects in northwest
Arkansas, two of which are on the West Fork of the White River. The WCRC is currently engaged
in projects that assess stream stability and include measurement of lateral erosion rates for
developing streambank erosion prediction curves for various fluvial systems in Arkansas. More
information on the WCRC and staff resumes' can be found in Section 5: Attachment 4.
12
k. Partnership Information - The following organizations have agreed to participate as partners and
will provide assistance to the project:
• Illinois River Watershed Partnership will participate in outreach activities and help coordinate
volunteers for planting days.
• Fayetteville High Sc/tool Green Team and Service Learning Class will participate in outreach
activities and will help with the volunteer planting days.
• Arkansas Natural Heritage Commission will provide technical advice and review on the
development of a wetland design and re -vegetation plan.
• Ozark Ecological Restoration will assist on re -vegetation plan and invasive species control.
1. Transfer of Results and Outreach — Technology and information gained from this project will be
transfer through the following mechanisms. One-on-one tours and group tours of the site following
restoration implementation will be given by both City and WCRC staff to individuals from local
community organizations, government offices, and private companies. These individual include
contractors, environmental professionals, developers, community leaders, city planners and
engineers, conservation district staff, private landowners, landscape architects, civic leaders, and
government agency staff. Currently, the WCRC assist with teaching stream morphology and
restoration techniques in training courses and University of Arkansas engineering courses. The
results of this project will be integrated into these workshops and university presentations. For the
general public and both high school and university students, a minimum of one planting day will be
organized where participants will help to plant native species throughout the restoration site. A fact
sheet will be developed for the project and articles will be published in the local newspapers,
newsletters, and web sites.
m. Quality Assurance / Quality Control -The applicant will be collecting environmental data to
determine streambank erosion rates and sediment and nutrient delivery, assess the biological
13
condition of the stream, and to develop the restoration design. In order to comply with Quality
Assurance and Quality Control (QAQC) requirements, the applicant will develop and submit within
the first three months of the project period, a QA/QC plan for review and approval by the EPA.
n. Invasive Species Control - The applicant will monitor and work towards the elimination of
invasive species from the site and will not introduce any to the site. Experienced project partners
will provide assistance in developing invasive species control plan. If invasive species are detected or
populations promoted in any way, the recipient will respond rapidly to control populations in an
environmental sound manner, as approved by the EPA Project Officer.
Section 3: Budget Narrative
If the applicant receives an award, the sub-award/sub-grant will be properly awarded consistent
with the applicable regulations in 40 CFR Parts 30 or 31. The applicant will also follow all
appropriate procurement standards as required by EPA.
The overall project budget is summarized in the table below. The award recipient will administer
the grant and procure services and materials for the restoration. The sub -grant recipient, the WCRC,
will execute major project tasks associated with this proposal, because of their unique expertise in the
area of natural channel design and stream assessment. Their budget is shown in the third column
denoted by "Other" and is less than 50% of federal award. Their responsibilities, outlined in Section
2.b, include data collection, site restoration design development, and construction oversight. The
contractual services include hydraulic modeling services (estimated $7,500) and biological
assessment services (estimated $8,000).
The federal, non-federal, and total cost for each project task identified in section 2.b are as
follows: Task I.Develop QAPP (F-$5,000, NF -$0, T-$5,000); Task 2.Site Monitoring (F-$26,000,
14
NF -$0, T-$26,000); Task 3.Restoration Design Development (F-$35,000, NF -$30,000, T-$65,000);
Task 4.Construction (F-$152,000, NF -$38,000, T-$190,000); Task 5.Outreach (F -$l 1,500, NF -
$7,500, T-$19,000); and Task 6.Rcporting (F-$4,500, NF -$7,500, T-$12,000).
Match for this project is in the form of cash and in -kind services provided by the applicant and
outreach volunteers. The applicant will provide $78,000 cash match that will be used to cover costs
associated with data collection, design, and construction oversight, monitoring, and maintenance.
$5,000 of in -kind match will be generated through volunteer activities associated with the project.
Project Budget
Object Class Cat.
Federal Non-
Federal
Total
a. Personnel
ScSC
$
b. Fringe
$
$0
$0
c. Travel
$0
$0
$
d. Equipment
$0
$0
i $0
e. Supplies
$43,500
$0
$43,500
f. Contract
$15,500
$0
$15,50
g. Construction
$65,000
$0
$65,00
h. Other: WCRC
(see table below)
$110,000
$83,00C
$193,000
i. Total Direct
$234,000
$83,00
$317,000
j. Indirect
$0
$0
$0
k. Totals
$234,000
$83,000
..$317,000
The budget for the
sub -grant recipient, the WCRC, is shown as
line h.
Other:
WCRC in the overall
budget table above.
A breakdown of the WCRC budget, which
is part
of the
total project cost of
$317,000, is shown in the following table:
Other: WCRC Budget
('included in the total project
cost of $317,000)'
Object Class Cat.
Non -
Federal
Federal
Total
I. Personnel
$54,455
$29,314
$83,769
m. Fringe
$28,317
$15,243
$43,56
n. Travel
$0
$6,500
$6,500
o. Equipment
$0
$0
$0
p. Supplies
$
$12,286
$12,28
q. Contract
$0
$0
$
r. Construction
$0
$0
$0
s. Other
$0
$5,000
$5,000
I. Total Direct
$82,772
$68,343
$151,115
u. Indirect
$27,228
$14,657
$41,885
v. Totals
$II0,000
$83,000
$193,000
16
Section 4: Past Performance
The City has executed four EPA State and Tribal Assistance Grants (XP -966737-01 -0; XP -
976902 -01-0; XP -966062-01-1 and XP -966353-01-0) used for sanitary sewer line and manhole
rehabilitation projects over the past three years. Additionally, the City has executed three Outdoor
Recreation Grants through the Arkansas Department of Parks and Tourism used for park
development and improvements over the past three years. All projects were successfully managed
and completed within the established guidelines and timelines. All reporting requirements were met
and the projects resulted in satisfactory outcomes. The STAG projects have resulted in reduced
nutrients in the environment and reduced inflow/infiltration to the wastewater treatment system.
December 2008, the WCRC successfully completed a Section 319 grant from EPA Region 6 and
administered under the ANRC to design and implement a stream restoration in partnership with the
City. The WCRC met all of the reporting requirements including the development of a final report.
An environmental output was the WCRC designed a natural channel that reduced channel instability,
reduced sediment and nutrient loads, and enhanced the aquatic habitat for a 1,200 foot section of
stream. An environmental outcome was sediment, total phosphorus, and total nitrogen loadings were
estimated to be reduced by 96%, 95%, and 89%, respectively.
The WCRC currently has the EPA Agreement No. AW832239-03, Mid -South Watershed
Training Program. The WCRC has developed and conducted watershed -based training through this
agreement, which is 95% completed. The WCRC has been very successful in completing milestones
and managing this agreement. Students included state, federal, city, county and Tribal government
employees, watershed coordinators and group members; non-profit organization and conservation
district employees; and environmental professionals. The environmental output to date is seventeen
training courses have been conducted with 660 students attending. Based on course evaluations, an
environmental outcome was over 80% of the participants found the course attended very useful.
17
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PROJECT
SITE PLAN
SHEET
1
OF
1
August
2009
City of Fayetteville
Staff Review Form
City Council Agenda Items
or
Contracts
September 1, 2009
City Council Meeting Date
Chris Brown Engineering
Submitted By ivision
614A w.....a.__ Action Required:
Development Services
Department
a Memorandum of Understanding between the City and the Watershed Conservation
Resource Center in the amount of $188,000 for a stream restoration demonstration at Niokaska Creek in Sweetbriar
Park and surrounding properties. The cost of this request is encompassed in the request to accept the EPA Grant
for Sweetbriar Park.
Stream Rest. demonstration at Niokaska Ck in
$ 188,000.00 $ 312,000.00 Sweetbriar Park
Cost of this request Category / Project Budget Program Category / Project Name
4470.9470.5314.00
Account Number
09025.0901
Project Number
Budgeted Item �X
Funds Used to Date
$ 312,000.00
Remaining Balance
Budget Adjustment Attached
Sales Tax Captital Improvements
Program / Project Category Name
Sales Tax
Fund Name
G'd0 Previous Ordinance or Resolution #
De a ent cloy Date
Original Contract Date:
Original Contract Number:
City A or ey Date
` U Received in City Clerk's Office
Finan e and Internal S rvice Director Date
Chie laff Date Received in Mayor's Office
qor Date
I
aye evi le
Aa.A.:.: City Council Meeting of September 1, 2009
CITY COUNCIL AGENDA
To: Mayor and City Council
Thru: Don Mart, Chief of Staff ,y
Jeremy Pate, Development Services Directord`
Chris Brown, City Engineer Cep
From: Sarah Wrede, Staff Engineer S(c)
Date: August 12, 2009
Subject: A Resolution to approve a Memorandum of Understanding between the City and the
Watershed Conservation Resource Center in the amount of $188,000 for a stream
restoration demonstration on Niokaska Creek in Sweetbriar Park and surrounding
properties.
RECOMMENDATION
Staff recommends approval of a Memorandum of Understanding between the City and the
Watershed Conservation Resource Center in the amount of $188,000 for a stream restoration
demonstration project at Niokaska Creek in Sweetbriar Park and surrounding properties.
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.
Niokaska Creek, a tributary to Mud Creels flows through Sweetbriar Park, which is located in the
northeast quadrant of town east of Old Missouri Road and south of Joyce Boulevard. The creek is
located within the Illinois River Watershed. The creek sections are incised and have several banks
eroding into the park land and surrounding residential yards which have resulted in vertical cut -
banks. These banks contribute excessive sediment to the streams through lateral erosion. Bank
erosion presents a safety concern and leads to a lack of riparian canopy. Restoration is necessary to
stabilize the creek and prevent further erosion.
The City of Fayetteville, in partnership with the Watershed Conservation Resource Center, applied
for and was selected for a grant from the Environmental Protection Agency Region 6 for a project
titled "Stream Restoration Demonstration at Niokaska Creek in Sweetbriar Park". WCRC prepared
the grant application for the City as a sub -grantee.
City Council Agenda RequestMOU
7ayetri1e
"""""'"' City Council Meeting of September 1, 2009
The Environmental Protection Agency Region 6 will provide the City of Fayetteville $234,000 in
grant monies and the City of Fayetteville will provide $78,000 in cash. An additional $5,000 of in -
kind match will be generated through volunteer activities for a project total of $317,000. From the
total of $317,000, WCRC will receive $188,000 for services agreed to within this Memorandum of
Understanding.
The Memorandum of Understanding establishes a framework for cooperation with the WCRC and
the City of Fayetteville. The tasks the WCRC agrees to do are as follows:
• Assist the City of Fayetteville in completing and submitting the final grant application.
• Develop the Quality Assurance/Quality Control Plan.
• Provide project management and engineering.
• 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.
• Provide a method and summary to document environmental outputs and outcomes.
• Provide a method for the City of Fayetteville to document their activities and show matching
funds.
• Submit monthly payment requests by the 10'h of each month for work completed.
• Provide documentation of $5,000 in -kind match from outreach activities.
The proposed project would begin October 2009 and extend through November 30, 2013.
BUDGET IMPACT
This request is in concert with the request to accept this grant funding through the Environmental
Protection Agency. The cost of this request is $188,000 of which the City is responsible for 25% or
$47,000. The cost will be split between projects managed by the Engineering Division and Park
Planning Division as established by the proposed resolution accepting the grant to be presented to
City Council on September I st along with this request.
City Council Agenda Request_MOU
ORDINANCE NO.
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 $188,000.00 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 P' day of September, 2009.
APPROVED: ATTEST:
By:
By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
NORTHWEST ARKANSAS EDITION
•
Benton County Daily Record
P. O. BOX 1607
FAYETTEVILLE, AR 72702
PHONE: 479-571-6421
AFFIDAVIT OF PUBLICATION
I, Cathy Wiles, do solemnly swear that I am Legal Clerk of the Arkansas
Democrat Gazette newspaper. Printed and published in Benton County
Arkansas, (Lowell) and that from my own personal knowledge and
reference to the files of said publication, the advertisement of: City of
Fayetteville —Ordinance #5268
September 13, 2009
Publication Charge : $ 164..5.6n ,
Signed: ----/ �--- -- w—�"'----
Subscribed and sworn to before me
This3 day of ��p cJ 2009.
Notary Public
My Commission " r"•
Do not pay from Affidavit, an invoice will be sent
ETS
A MEMORANDUM MOING THE RUNDIR STAND. Faye evl 1
IL COMPETITIVE BIDDING AND
T EWASHE OF ONSERVATION
THE WATERSHED CONSERVATION
]ENTER (WCRC) IN THE AMOUNT OF ARKANSAS
FOR A STREAM RESTORATION
tTION PROJECT ON NIOKASKA CREEK THROUGH SWEETBRIER 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 wbrk eta sig-
nificant 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 Cry of Fayetteville. Arkansas hereby determines an
exceptional situation exists in which competitive bidding is deemed not feasible or practi-
cal and therefore waives the requirements of formal competitive bidding and approves a
Memorandum of Understanding (marked as Exhibit -A- attached hereto end made a pan
hereof) between the City of Fayettevile, Arkansas end the Watershed Conservation
Resource Center (WCRC) in the amount of $188,00000 for a Stream Restoration
Demonstration Project on Niokaska Creek through Sweetbriar Park.
PASSED Sad APPROVED this 1st day of September. 2009,
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayo SONDRA E. SMITH, City Cb Hail •surer
t