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:
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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
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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
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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,
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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?