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HomeMy WebLinkAboutOrdinance 5302 ORDINANCE NO. 5302 AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVING A CONTRACT BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND THE WATERSHED CONSERVATION RESOURCE CENTER (WCRC) IN THE AMOUNT OF $248,000.00 FOR A STREAM RESTORATION PROJECT FOR A SECTION OF THE WEST FORK OF THE WHITE RIVER ADJACENT TO THIS FAYETTEVILLE EXECUTIVE AIRPORT WHEREAS, on July 7, 2009, the Fayetteville City Council approved Resolution 148-09 authorizing the application for an EPA 319 grant through the Arkansas Natural Resources Commission in a proposed partnership agreement with the Watershed Conservation Resource Center (WCRC); and WHEREAS, WCRC has been awarded and has accepted the grant for plan development of a stream restoration project for a section of the West Fork of the White River adjacent to the Fayetteville Executive Airport; and WHEREAS, the proposed agreement with WCRC calls for the City to provide matching funds to WCRC in the amount of $248,000.00 for use in completing the project, with WCRC carrying out all activities necessary for the project, including design, construction, construction administration, and project management; and WHEREAS, the project is recommended by the Nutrient Reduction Plan completed by the City based on a 2006 agreement between the City and Beaver Water District, and it has been evaluated by a Stakeholder Review Group consisting of representatives from a wide range of groups including the City, Beaver Water District, the University of Arkansas, Washington County, environmental groups and citizens; and WHEREAS, given the nature of the project and the proposed division of responsibilities, competitive bidding for the project would not be feasible or practical. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: f Page 2 Ordinance No. 5302 Section 1 . That the City Council of the City of Fayetteville, Arkansas hereby waives the requirements of formal competitive bidding and approves a contract between the City of Fayetteville, Arkansas and the Watershed Conservation Resource Center (WCRC) in the amount of$248,000.00 for a stream restoration project for a section of the West Fork of the White River adjacent to the Fayetteville Executive Airport. A copy of said contract marked Exhibit "A" is attached hereto and made a part hereof. PASSED and APPROVED this 5`h day of January, 2010. APPROVED: ATTEST: , By: �G By: �1 GttQi' �. i�'1lw.��/ O ELD J N, Mayor SOND'RA E. SMITH, City Clerlt T; aasKer ` .U • '1J ' ; FAY E7TEVILLE ; 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 to conduct the project entitled, "West Fork Stream Restoration at the Fayetteville Airport." The project will be completed in two phases: Phase I Reach Restoration Plan Development and Phase 11 Reach Restoration Design Implementation." The WCRC and the CITY OF FAYETTEVILLE have applied together and have received an EPA 319 grant through the Arkansas Natural Resource Commission to conduct Phase I Reach Restoration Plan Development. The WCRC, the award recipient, and the CITY OF FAYETTEVILLE will work to achieve the common goal of restoring an unstable section of West Fork White River (WFWR) to a morphologically stable form utilizing a natural channel design approach. The WFWR flows through a portion of the City of Fayetteville' s Municipal Airport' s property. The WFWR is a tributary located in the Beaver Lake watershed, the major drinking water source for Northwest Arkansas. During Phase I of this project, a restoration plan will be developed for approximately 2,800 to 3 ,000 linear feet of river on the WFWR. Upon completion of the reach restoration plan, a Phase 11 workplan will be developed and additional funding will be applied for through 319 for implementation. Innovative approaches will be used in designing and implementing the river restoration that will 1 ) result in improved water quality of the WFWR and Beaver Lake and 2) address severe streambank erosion, while restoring aquatic and terrestrial habitat and maintaining a sustainable, natural hydrology. Such cooperation will serve the parties' mutual interest. For Phase 1, 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 workplan. The Phase 11 workplan will be developed once the river restoration design has been completed. B. STATEMENT OF MUTUAL INTERESTS AND BENEFITS Within the WFWR watershed, an Arkansas Department of Environmental Quality assessment estimated that accelerated streambank erosion contributed 66% of an average sediment load of 35,795 tons/yr for the system (Formica, et, at, 2004). In Arkansas, accelerated streambank erosion is typically addressed through streambank stabilization. The success of bank stabilization varies, and depending on the degree of instability, bank stabilization may only be a short term solution. In many cases where channel instability has been triggered, regardless of cause, the entire area of instability needs to be addressed. An unstable reach can have several eroding streambanks, be aggrading or degrading, and/or have a pattern or profile problem. EXHIBIT A 1 Restoration utilizing natural channel design techniques is an innovative approach which can address all of these problems. 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 at the Fayetteville Municipal Airport helps the CITY OF FAYETTEVILLE to meet multiple local and regional objectives relating to river channel instability, water quality, and ecological services. This project is of benefit to the CITY OF FAYETTEVILLE because it is a component the City' s Nutrient Reduction Plan and will lead to both aquatic and terrestrial habitat restoration, improved water quality in the form of both phosphorus and sediment reductions, reduced streambank erosion, and improve aesthetics of the WFWR. This effort will also help to promote the use of alternatives to traditional channel modifications in both urbanizing and rural areas. The Watershed Conservation Resource Center (WCRC), in partnership with the City of Fayetteville, will implement a natural channel design restoration at the second priority site on the WFWR in need of channel restoration (see attached workplan). The attached workplan describes Phase 1, in which a reach restoration plan will be developed for approximately 2,800 to 3 ,000 linear feet of river on the West Fork White River that runs through a portion of the City of Fayetteville' s Municipal Airport property (Airport Site). The reach restoration plan will be implemented through the Phase 11 workplan. The property owners adjacent to the site have also expressed their concerns regarding the river instability and would like for this section of the WFWR to be restored. At the project site there are vertical cut-banks eroding city and privately owned property. These banks contribute sediment and nutrients to the river. Restoring the Airport Site will result in approximately 1 , 144 tons of sediment per year reduction and approximately 476 pounds of phosphorus per year reduction for an average flow year. The WCRC will use a natural channel design approach which is an innovative technique to design and construct a river restoration that will reduce instability, reduce sediment and nutrient loads, and enhance the aquatic habitat. The design will include constructing floodplains, rock structures that deflect flow away from banks, and defined riffles and pools. The project site lies in the Boston Mountain Ecoregion. 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 river 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 reach restoration of the Airport Site will help to meet multiple local and regional objectives relating to river channel instability, water quality, and habitat. The benefits of the project include the following: 1 ) The second priority reach in need of restoration for the WFWR will be restored; 2) Sediment and phosphorus loadings to the WFWR from accelerated streambank erosion will be reduced by over 80%, improving the water quality of the WFWR and Beaver Lake; 3) The restoration will address river instability along with landowner and local objectives; 4) The restoration will restore degraded and protect existing high quality riparian areas; 2 5) Both aquatic and terrestrial habitat will be enhanced throughout the site. 6) The river restoration will result in improved riffle-pool bed features, which will help to increase water retention and aeration resulting in better assimilation of nutrients. 7) The channel will be restored to a natural hydrology and channel enlargement will be reduced resulting in enhanced aquatic and terrestrial habitat. 8) The aesthetics of the river will be improved. 9) The site will provide education opportunities for alternative design methods to address accelerated streambank erosion with a focus on ecological restoration, enhancement, and sustainability. In consideration of the above premises, the parties agree as follows: C. THE WCRC : 1 . Shall administer the grant and oversee the budget and the procurement of construction materials and services. 2. Shall provide project management and engineering. 3 . Shall coordinate and carry-out activities associated with the project as outlined in Tasks I — 7 of the attached workplan and insure that project milestones are met according to the workplan schedule. 4. Shall provide a method for the CITY OF FAYETTEVILLE to document their activities and show matching funds. D. THE CITY OF FAYETTEVILLE : 1 . Shall coordinate all activities within the City of Fayetteville Divisions and Departments and between the CITY OF FAYETTEVILLE and the WCRC. 2. Shall assist with project activities and tasks as outlined in the attached workplan. 3 . As part of the City' s Nutrient Reduction Plan, they will be responsible for providing matching funds, a total sum of $248,000, for Phase I and Phase IL A minimum of $86, 182 will be provided to WCRC for Phase I (as outlined in the budget section of the attached work plan) and $ 161 , 188 for Phase 11 (to be released pending award of the Phase 11 grant). 4. Shall provide review and input into the final restoration design. 5. Shall oversee activities and coordinate staff needed for implementation of the restoration design. 6. Shall provide documentation of all project activities and associated matching funds. 7. 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 3 11 and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25- 19- 101 et. seq.) Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. Any information furnished to the WCRC under this instrument is subject to the Freedom of Information Act (5 U .S .C. 552). 2 . MODIFICATION . Modifications within the scope of the instrument shall be made by mutual consent of the parties. Changes, modifications, or amendments in scope, price or fees to this agreement shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. 3 . PARTICIPATION IN SIMILAR ACTIVITIES . This instrument in no way restricts the WCRC or the CITY OF FAYETTEVILLE from participating in similar activities with other public or private agencies, organizations, and individuals. 4. COMMENCEMENT/EXPIRATION DATE. The instrument is executed as of the date of the last signature and is effective for 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 : were ,watershedconservation.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 : cbrownpci .fayetteville.ar.us Sarah Wrede, E. I ., Flood Plain Coordinator City of Fayetteville Phone: 479-575-8206 E-mail : swredepci .faVetteville.ar.us 4 6. NONDISCRIMINATION . During the performance of this agreement, all parties will abide by the terns of Executive Order 11246 on nondiscrimination and will not discriminate against any person because of age, race, color, religion, sex, national origin, or disability. ,ti � 12 - / 7- v47 Sandi J . Formica, Vxecutive Director Date Watershed Conservation Resource Center L oneld Jordan, or Date City of Fayette e 5 City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 1 /5/2010 City Council Meeting Date Agenda Items Only Sarah Wrede Engineering Development Services 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, WCRC, in the amount of $248,000 for a stream restoration project for a section of the West Fork of the While River, WFWR, adjacent to the Fayetteville Executive Airport. $ 248,000.00 $ 623,097.00 Stornmater Quality Mgmt/Nutrient Reduct Cost of this request Category / Project Budget Program Category / Project Name 4470.9470.5817.00 $ 97,636.89 Bridge & Drainage Improvements Account Number Funds Used to Dale Program / Project Category Name 02097.0901 $ 525,460.11 Sales Tax Capital Improvement Project Number Remaining Balance Fund Name Budgeted Item �X Budget Adjustment Attached Previous Ordinance or Resolution # Depart or Date 1Original Contract Date: w1ell 12"' 1 ?,�, %pq Original Contract Number: City ne/nyki� n Date 'It- 0. _ (�. �xr I z - t� zms Fina ce and Internal Services Director Date Received in City �a Clerk's Office IL Ch f of St Date ' Received in Mayor's Office Z j ay r Date Comments: Revised January 15, 2009 TaFT e THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE ARKANSAS CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Don Marr, Chief of Staff Jeremy Pate, Development Services Directory Chris Brown, City Engineer Ce From: Sarah Wrede, Staff Engineer Gt// Date: December 18, 2009 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 (WCRC) in the amount of $248,000 for a stream restoration project for a section of the West Fork of the White River (WFWR) adjacent to the Fayetteville Executive Airport. PROPOSAL : On July 7, 2009, City Council approved resolution 148-09 to apply for an EPA 319 grant through Arkansas Natural Resources Commission (ANRC) in a proposed partnership agreement with WCRC. WCRC has been awarded and has accepted the grant for plan development of a stream restoration project for a section of the West Fork of the White River, WFWR, adjacent to the Fayetteville Executive Airport. The proposed memorandum of understanding between the City and WCRC sets forth the roles and responsibilities for each entity on the project. In summary, the City will provide matching funds to WCRC in the amount of $248,000 for use in completing the project. WCRC will carry out all activities necessary for the project, including design, construction/construction administration, project management, etc as detailed in the workplan. ANRC has requested that the project be done in two phases to better suit the funding they have available. Phase I is Reach Restoration Plan Development (Design) and Phase II is Reach Restoration Design Implementation (Construction). In Phase I, a restoration plan will be developed for approximately 2,800 to 3,000 linear feet of river on the WFWR. Upon completion of the reach restoration plan, WCRC will develop a Phase II work plan and apply for the release of grant funds for implementation. The City's funding of $248,000 consists of $86,812 for Phase I and $ 161 , 188 for Phase rI. Payment to WCRC for Phase I will be made now and payment for Phase Il will be made when ANRC releases Phase II funding, which is expected in 2011 . The total expected amount awarded from ANRC to WCRC for both Phases is $328,320. Therefore, total project funding, including the City's share, will be $576,320. Completion of the project is expected by the end of 2012. This project is recommended by the Nutrient Reduction Plan that the City completed based on the 2006 Agreement between the City and Beaver Water District. It is part of a suite of projects with the purpose of reducing non-point source loading of phosphorus to the Beaver Lake Watershed. The projects were evaluated by a Stakeholder Review Group consisting of representatives from a wide range of groups including the City, 11 THE CrrY OF FAYETTEVILLE, ARKANSAS Beaver Water District, the University of Arkansas, Washington County, environmental groups, and citizens during the development of the Nutrient Reduction Plan. RECOMMENDATION: Staff recommends approval of an ordinance to waive the requirements of competitive bidding and to authorize the Mayor to execute a Memoradum of Understanding with the Watershed Conservation Resource Center and all other documents necessary for the project. BUDGET IMPACT: Currently, there is $525,460. 11 remaining in the Stormwater Quality Mgmt/Nutrient Reduct account that has been designated for use to fund projects that improve stormwater quality in the City of Fayetteville. This project will be paid for from these funds. Attachments: Staff Review Form Resolution No. 148-09 Memorandum of Understanding Project Work Plan ORDINANCE NO. AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVING A CONTRACT BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND THE WATERSHED CONSERVATION RESOURCE CENTER (WCRC) IN THE AMOUNT OF $248,000.00 FOR A STREAM RESTORATION PROJECT FOR A SECTION OF THE WEST FORK OF THE WHITE RIVER ADJACENT TO THE FAYETTEVILLE EXECUTIVE AIRPORT WHEREAS, on July 7, 2009, the Fayetteville City Council approved Resolution 148-09 authorizing the application for an EPA 319 grant through the Arkansas Natural Resources Commission in a proposed partnership agreement with the Watershed Conservation Resource Center (WCRC); and WHEREAS, WCRC has been awarded and has accepted the grant for plan development of a stream restoration project for a section of the West Fork of the White River adjacent to the Fayetteville Executive Airport; and WHEREAS, the proposed agreement with WCRC calls for the City to provide matching funds to WCRC in the amount of$248,000.00 for use in completing the project, with WCRC carrying out all activities necessary for the project, including design, construction, construction administration, and project management; and WHEREAS, the project is recommended by the Nutrient Reduction Plan completed by the City based on a 2006 agreement between the City and Beaver Water District, and it has been evaluated by a Stakeholder Review Group consisting of representatives from a wide range of groups including the City, Beaver Water District, the University of Arkansas, Washington County, environmental groups and citizens; and WHEREAS, given the nature of the project and the proposed division of responsibilities, competitive bidding for the project would not be feasible or practical. 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 waives the requirements of formal competitive bidding and approves a contract between the City of Fayetteville, Arkansas and the Watershed Conservation Resource Center (WCRC) in the amount of $248,000.00 for a stream restoration project for a section of the West Fork of the White River adjacent to the Fayetteville Executive Airport. A copy of said contract marked Exhibit "A" is attached hereto and made a part hereof. RESOLUTION NO. 148-09 A RESOLUTION AUTHORIZING THE ENGINEERING DIVISION TO APPLY FOR A GRANT THROUGH THE ARKANSAS NATURAL RESOURCES COMMISSION FOR TI-II?