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HomeMy WebLinkAboutOrdinance 5645ORDINANCE NO. 5645 AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVING A FIVE YEAR MEMORANDUM OF UNDERSTANDING WITH THE WATERSHED CONSERVATION RESOURCE CENTER TO JOINTLY SEEK FUNDING AND USE SUCH FUNDING TO DESIGN AND CONSTRUCT STREAM RESTORATION PROJECTS WHEREAS, the City of Fayetteville has long worked with the Watershed Conservation Resource Center (WCRC) and funded quality stream restoration projects successfully completed by the Center; and WHEREAS, the provisions of the attached Memorandum of Understanding meet the City of Fayetteville's need for continuing stream restoration projects at little or no cost to the City; and WHEREAS, the Watershed Conservation Resource Center can efficiently and effectively provide this service 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 to jointly seek funding and use such funding to design and construct stream restoration pro twandij.', authorizes Mayor Jordan to sign such Memorandum. �RK Tgsso� e��� G\Z Y p•,G�t' PASSED and APPROVED this 7th day of January, 2014. C-) :moi • FAYETTEVILLE APPROVED: ATTEST: P • e co GTON By: Qc n"► r Ie" SON RA E. SMITH, City Clerk/Treasurer Watershed Conservation Resource Center wo 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. A. PURPOSE The purpose of this MOU is to establish a general framework for cooperation between the WCRC and the CITY OF FAYETTEVILLE to 1) seek funding and conduct stream restoration projects to achieve the common goal of restoring unstable sections of streams to a morphologically stable form utilizing a natural channel design approach and 2) to work together on nonpoint source (NPS) related issues associated with reducing nutrients and improving riparian and other natural areas. Innovative approaches will be used in designing and implementing stream restorations that will result in improved water quality of the City's watersheds and will address severe streambank erosion, while restoring aquatic and terrestrial habitat and maintaining a sustainable, natural hydrology. Such cooperation will serve the parties' mutual interest. B. STATEMENT OF MUTUAL INTERESTS AND BENEFITS The WCRC is a nonprofit organization that strives to protect, conserve, and restore natural resources by utilizing the watershed approach, conducting environmental outreach, and providing planning and technical assistance to landowners, communities, and government. The WCRC principals are regional experts and local leaders in implementing natural channel design - based stream restorations that meet multiple local and regional objectives relating to river channel instability, water quality, and ecological services. This MOU is of benefit to the CITY OF FAYETTEVILLE because these activities will help to meet the objectives of 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 local streams and rivers. This effort will also help to promote the use of alternatives to traditional channel modifications in both urbanizing and rural areas. The WCRC and the CITY OF FAYETTEVILLE partnered and have obtained several grants for restoring streams within the City and surrounding areas and for assessing streams for stability and contaminant reduction. These projects have brought over $2,300,000 to the City for water quality and other environmental improvements and have helped to create local partnerships and outreach opportunities in the areas of river restoration, riparian enhancement, and watershed planning. Four stream and streambank restoration projects have been implemented that have resulted in over 4000 tons of sediment and 3,700 lbs of total phosphorus reductions, annually from streambank erosion, restored both aquatic and terrestrial habitat, protected City 1 infrastructure, and improved aesthetics of City Parks and other properties. The WCRC currently has three active projects with the City and other partners to conduct more river restoration and assess urban streams and riparian areas to identify priority sites in need of restoration. In addition, the WCRC continues to monitor and maintain the four implemented stream restoration sites. ;M111Ly�04111tL• AURZIN161 No fee is associated with this MOU. As projects are identified by the City, a Task Order establishing the scope, fee, and payment terms for the project will be developed. The basis of this fee and justification for the fee shall be contained in an Appendix attached to each Task Order. Adjustment of the fee may be made should WCRC establish and the CITY OF FAYETTEVILLE agree that there has been, or is to be, a significant change in scope, complexity or character of the services to be performed; or if the CITY OF FAYETTEVILLE decides to shorten the duration of work from the time period specified in the Agreement for completion of work and such modification warrants such adjustment. In consideration of the above premises, the parties agree as follows: D. THE WCRC: 1. Shall seek funding opportunities for stream restoration projects and other projects related to reduction of non -point source pollution. 2. Upon approval of specific Task Orders by the Mayor or City Council, as required by the City's procurement requirements, shall provide the services detailed in each Task Order. Said tasks may include: a. Identification of stream reaches that could benefit from stream restoration and prioritize, in streams within the City limits. b. Estimation of phosphorous reduction that would be realized for each priority stream restoration project. c. Assistance in developing grant applications for identified stream restorations and other non -point source pollution assessment projects. d. Assistance to the CITY OF FAYETTEVILLE in addressing other NPS related issues. 3. Shall accomplish other specific tasks as detailed in each Task Order E. 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. 3. Shall provide review and input into the final restoration designs. 4. Shall oversee activities and coordinate staff needed for implementation of the restoration designs. 5. Shall provide documentation of all project activities and associated matching funds. 6. Recognizes that their participation in stream restoration and NPS projects acquired is an integral component in carrying out a successful project that will result in improved water quality and habitat restoration. 7. Shall accomplish other specific tasks as detailed in each Task Order. 2 F. 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- 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 (other than as specifically established in this MOU), 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. 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 five years. 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: formicaka 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: cbrownkci.fayetteville.ar.us Sarah Wrede, E.I., Staff Engineer City of Fayetteville Phone: 479-575-8206 E-mail: swredegci.fayetteville.ar.us k] 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. Sandi J. Fo ' , xecutive Director Watershed Conservation Resource Center 1.2116 13 ate ioneld Jord , M o Oate City of Fay ttev' e 40"'Y" e Sondra E. Smith, City Clerk/Treasurer City of Fayetteville ccs• •,� FAYETTEViLV.,E l 10'/-01 Date El Sarah Wrede Submitted By City of Fayetteville Item Review Form 2013-0244 Legistar File Number 1/7/2014 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Action Required: Development Services Department An ordinance to waive competitive bidding and to enter into a Memorandum of Understanding with the Watershed Conservation Resource Center to establish a general framework for cooperation to seek funding and conduct stream restoration projects and to work together on nonpoint source related issues. Does this item have a cost? NO $0.00 Cost of this request n/a Account Number n/a Project Number $0.00 Category or Project Budget $0.00 Funds Used to Date $0.00 Remaining Balance n/a Program or Project Name n/a Program or Project Category n/a Budgeted Item? Budget Adjustment Attached? No V20130812 Previous Ordinance or Resolution # Original Contract Number: _ ��y CJ� E� ER� Comments: 2I 1 l" 13 4" C�_ _ � { Z-l9_Za1-i� is -fig -/3 You created this PDF fr an application that is not licensed to print to novaPDF printer (http://www.novapdf.com) • a e eVlle ARKANSAS CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Don Marr, Chief of Staff Jeremy Pate, Development Services Director Chris Brown, City Engineer From: Sarah Wrede, Staff Engineer Date: December 18, 2013 THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE Council Meeting of January 7, 2014 Subject: An ordinance to waive competitive bidding and renew a Memorandum of Understanding with the Watershed Conservation Resource Center to continue a general framework for cooperation to seek funding and conduct stream restoration projects and to work together on nonpoint source related issues. PROPOSAL The purpose of this Memorandum of Understanding (MOU) is to establish a general framework for cooperation between the Watershed Conservation Resource Center (WCRC) and the City of Fayetteville to 1) seek funding and conduct stream restoration projects to achieve the common goal of restoring unstable sections of streams to a morphologically stable form utilizing a natural channel design approach and 2) to work together on nonpoint source (NPS) related issues associated with reducing nutrients and improving riparian and other natural areas. The WCRC is a nonprofit organization that strives to protect, conserve, and restore natural resources by utilizing the watershed approach, environmental outreach, and providing planning and technical assistance to landowners, communities, and government. The WCRC principals are regional experts and local leaders in implementing natural channel design -based stream restorations that meet multiple local and regional objectives relating to river channel instability, water quality, and ecological services. The WCRC and the City have successfully partnered to receive over $2,300,000 in federal grants for water quality and other environmental improvements. WCRC has been instrumental in securing these funds due to their relationships with Federal grant agencies and their proven track record of successful stream restoration projects. This MOU will establish a continued partnership between the City and WCRC whereby the WCRC will actively seek grant funding for stream restoration projects in the City of Fayetteville, and will allow the City the opportunity to quickly take advantage of opportunities identified. The MOU is effective for a period of five years. RECOMMENDATION Staff recommends approval of an ordinance to waive competitive bidding and to renew a Memorandum of Understanding with the Watershed Conservation Resource Center to continue a general framework for cooperation to seek funding and conduct stream restoration projects and to work together on nonpoint source related issues. BUDGETIMPACT The proposed agreement will cause no budget impact. As tasks are identified, a Task Order, with associated fee, will be developed for approval by the Mayor and City Council. ORDINANCE NO. AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVING A FIVE YEAR MEMORANDUM OF UNDERSTANDING WITH THE WATERSHED CONSERVATION RESOURCE CENTER TO JOINTLY SEEK FUNDING AND USE SUCH FUNDING TO DESIGN AND CONSTRUCT STREAM RESTORATION PROJECTS WHEREAS, the City of Fayetteville has long worked with the Watershed Conservation Resource Center (WCRC) and funded quality stream restoration projects successfully completed the Center; and WHEREAS, the provisions of the attached Memorandum of Understanding meet the City of Fayetteville's need for continuing stream restoration projects at little or no cost to the City; and WHEREAS, the Watershed Conservation Resource Center can efficiently and effectively provide this service 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 to jointly seek funding and use such funding to design and construct stream restoration projects and authorizes Mayor Jordan to sign such Memorandum. PASSED and APPROVED this 7th day of January, 2014. APPROVED: By: LIONELD JORDAN, Mayor ATTEST: SONDRA E. SMITH, City Clerk/Treasurer NORTHWEST ARKANSAS DEMOCRAT -GAZETTE NORTHWESTARKANSAS THE MORNING NEWS OF SPRINGDALE NEWS-P-M- EIRS THE MORNING NEWS OF ROGERS NORTHWEST ARKANSAS TIMES LLC BEN TON COUNTY DAILY RECORD 212 NORTH EAST AVENUE, FAYETTEVILLE, ARKANSAS 72701 1 P.O. BOX 1607, 72702 1 479-442.1700 1 WWW.NWANEWS.COM AFFIDAVIT OF PUBLICATION I, Holly Andrews, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Newspapers, LLC, printed and published in Washington and Benton County, Arkansas, bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: City of Fayetteville - Ordinance 5645 Was inserted in the Regular Editions on: January 16, 2014 Publication Charges: $ 90.79 C Holly Andrews Subscribed and sworn to before me This l"1 day of _,� , 2014. Notary Public My Commission Expires: *(Z'o a CftHY�J 41ri LE-'S Be l[on County ':56ryP:ii„fiRa� F =Urua - .K, 2014 * *NOTE* * Please do not pay from Affidavit. Invoice will be sent. JAN 2 2 2094 CITY OF FAY,ETTEVI CITY CLERK'S ORME Chris Brown Submitted By City of Fayetteville Staff Review Form 2018-0271 Legistar File ID N/A City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 5/14/2018 Submitted Date Action Recommendation: ENGINEERING (621) Division / Department Mayors signature on task order #8 with the Watershed Conservation Resource Center (WCRC) for the assessment of Clear Creek. Budget Impact: 4470.621.8810-5314.00 and 4470.520.8520- Sales Tax Capital Improvement 5315.00 Account Number 02097.1 and 18010.1 Project Number Fund Stormwater Quality Management and Lake Fayetteville Watershed Grant Match Budgeted Item? Yes Current Budget Funds Obligated Current Balance Does item have a cost? Yes Item Cost Budget Adjustment Attached? No Budget Adjustment Remaining Budget Project Title $ 267,628.00 $ 96,711.36 l $ 170,916.641 $ 10,000.00 $ 160,916.64 V20180321 Purchase Order Number: Previous Ordinance or Resolution # Mrd �cogeJ Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF _ FAYETTEVILLE ARKANSAS TO: Mayor THRU: Don Marr, Chief of Staff Garner Stoll, Development Services Director Chris Brown, City Engineer FROM: Alan Pugh, Staff Engineer DATE: May 11, 2018 STAFF MEMO SUBJECT: Mayors signature on task order #8 with the Watershed Conservation Resource Center (WCRC) for the assessment of Clear Creek. RECOMMENDATION: Mayors signature on task order #8 with the Watershed Conservation Resource Center (WCRC) for the assessment of Clear Creek. BACKGROUND: On January 7, 2014, City Council approved Ordinance Number 5645 to waive competitive bidding and enter into a memorandum of understanding (MOU) with the Watershed Conservation Resource Center (WCRC). The resolution expressed the City's desire to work jointly with the WCRC to identify, fund and complete stream restoration projects, work together on nonpoint source (NPS) related issues associated with reducing nutrients, and improving riparian and other natural areas. To that degree, the City has requested that WCRC continue to assess the condition of our streams and identify priority areas for restoration and/or continued grant funding. DISCUSSION: As a part of the effort to assess the condition of the streams throughout the City, WCRC obtained funding to the Natural Resource and Conservation Service to assess portions of Clear Creek in both the urban and rural areas. As a portion of that grant, the Parks Division and the Engineering Division agreed to partner in order to provide matching funds and budgeted the funds accordingly. This partnership was vital ss it impacts both divisions. Stream degradation is directly impacting the water quality within Lake Fayetteville as well as impacting the overall water quality in the City though the Clear Creek basin. It is important to understand this further in order to quantify the levels of phosphorus and other nutrients entering the system and negatively impacting the enjoyment of Lake Fayetteville as an amenity to the City. This project, in combination with the project being worked on through an EPA grant, will allow the City to know the condition of approximately 40 miles of creeks and streams both within our boundary and directly adjacent. The City of Springdale has also partnered with WCRC for this particular project as a large portion of the watershed lies within their City limits. 'BUDGET/STAFF IMPACT: Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 The overall cost proposed is $10,000 and will be split evenly between the Engineering and Parks Division. Each division has budgeted for this cost and no additional funding is being requested. Attachments: Task Order No 8 Ordinance 5645 Memorandum of Understanding THE CITY OF FAYETTEVILLE, ARKANSAS TASK ORDER NO. 8 CLEAR CREEK STREAMBANK STABILITY INVENTORY AND RESTORATION PRIORITIZATION STATE OF ARKANSAS COUNTY OF WASHINGTON This Task Order is written pursuant to the Memorandum of Understanding (MOU) as described in Ordinance No. 5645 executed on January 7, 2014. The referenced MOU pertains to potential stream restoration projects and associated services with the Watershed Conservation Resource Center (WCRC) and includes the following types of activities that can be performed by the WCRC, such as: a. Identification of stream reaches that could benefit from stream restoration and prioritize streams within the City limits. b. Estimation of phosphorous reduction that would be realized for each priority stream restoration project. c. Assistance in developing grant applications for identified stream restorations and other non -point source pollution assessment projects. d. Assistance to the CITY OF FAYETTEVILLE in addressing other NPS related issues related to maintaining and caring for stream and river restoration projects previously constructed that were funded by the City and grant funds. This Task Order entered into and executed on the date indicated below the signature block by and between the City of Fayetteville and Watershed Conservation Resource Center sets forth the project description, project schedule and associated fees for this specific task order. Section I - Project Description This project consists of conducting the work associated with the workplan associated with the Clear Creek Assessment grant (Attachment 1). The WCRC was awarded the grant from the USDA-NRCS to conduct an assessment of streambank erosion conditions along Clear Creek and selected tributaries to Clear Creek. Many of the areas to be evaluated are located within Fayetteville City limits. The Cities of Fayetteville and Springdale each committed to providing $10,000 cash match each that would be used to help to achieve the goals of the project. Section II - Project Timeframe The project was initiated in October 2015 and will be completed December 2018. THE CITY OF FAYETTEVILLE, ARKANSAS Section III - Scope of Services The WCRC will perform services that will achieve the goals and objectives outline in the grant workplan. Work will include: 1) Conduct an inventory of the riparian and streambank conditions for 20 miles of Clear Creek and select tributaries. The inventory will include the entire main stem of Clear Creek and the tributaries above Lake Fayetteville dam and the Skull Creek tributary. Streambanks will be sampled to determine particle sizes and nutrient content, erosion rates on selected banks will be measured, and sediment and nutrient loadings from streambank erosion will be estimated. Information and data gathered from this effort will be used to identify and prioritize streambanks in need of restoration, which will be presented in a final report. Section IV - Fees and Payments WCRC will perform the above -referenced Scope of Services amounts not to exceed $10,000 for this agreement. Section V - Memorandum of Understanding in Effect Except as amended specifically herein, the Memorandum of Understanding Fayetteville shall remain in full force as originally approved. IN WITNESS WHEREOF, the parties hereto have caused this TASK ORDER to be duly executed as of the date and year first herein written. FOR TH CIT O AYETT ILLE BY: ✓�, Attest: ayo � nefJd Jordan Sondra Smith, City Clerk Date: 'N�G�ER `��J.• C, IT Y 0; O. -VL P -v-.- FOR v FOR WATERSHED CONSERVATION RESOURCE CENTER FAYErr fVI(CE . X_ • BY Attest: ,�ti �4 NSP�.o •��``�� Sandi J. ormica �� �; �UNI����`��� Executive Director, WCRC Date: (" �J 3, � C ) State: Arkansas Agreement No. 68-7103-15-111 Clear Creek Assessment ATTACHMENT B Scope of Work and Budget Riparian and Streambank Erosion Assessment of Clear Creek Submitted to the NRCS by the Watershed Conservation Resource Center 9/1/15 Project Description: Watershed Conservation Resource Center (WCRC) proposes to conduct an inventory of the riparian and streambank conditions for 20 miles of Clear Creek and select tributaries. The inventory will include the entire main stem of Clear Creek and the tributaries above Lake Fayetteville dam and the Skull Creek tributary. Streambanks will be sampled to determine particle sizes and nutrient content, erosion rates on selected banks will be measured, and sediment and nutrient loadings from streambank erosion will be estimated. Information and data gathered from this effort will be used to identify and prioritize streambanks in need of restoration, which will be presented in a final report. Also, hands-on outreach activities that focus on healthy riparian habitat will be conducted. The project objectives are: A. Identify ripariah areas and streambanks in need of restoration and conservation B. Develop criteria to prioritize a. unstable streambanks for restoration, including potential for wetland restoration b. stable stream and wetland areas for conservation C. Provide information to help direct Illinois River watershed MR.B.1 and RCPP funding to priority areas where there are eligible producers within the study area D. Provide information to determine phosphorus sources to Lake Fayetteville E. Provide assessment results to both Cities of Fayetteville and Springdale, so the information can be used when evaluating proposed development that could potentially impact streams, wetlands, and springs. F. Provide hands-on outreach activities that help to inform watershed residents on healthy riparian areas. Prioritization of unstable sites for restoration will be based on sediment and nutrient loadings, location, threat to property, and presence or potential to create natural features, such as, wetlands, prairies, etc. Natural features will be identified to help prevent damage or destruction from future development. The assessment will focus on Clear Creek which is approximately 74 mit and lies in the Illinois River watershed. A map of the study area is shown in Attachment 1. Clear Creek is a major tributary to the Illinois River watershed, which is an Arkansas Natural Resource Commission priority area for nutrient reduction. In addition, Clear Creek is on the Arkansas Department of Environmental Quality 303 (d) list of impaired streams. This project will provide scientific data and information to support actions that will reduce both sediment and nutrient loads in the watershed. 15 State: Arkansas Agreement No. 68-7103-15-1 1 1 Clear Creek Assessment Project Tasks: The project tasks are summarized as follows: Task 1: Conduct an Inventory of Riparian, Streambank, Wetland, and other Natural Features for the main stem of Clear Creek, the tributaries above Lake Fayetteville Dam, and the Skull Creek tributary. Under this task, l) landowner access permission will be determined .or obtained; 2) An inventory of riparian and streambank conditions for 20 miles of stream will be.conducted that includes the following components: a) Information on the riparian area including presence of wetland features, springs, prairie, forest coverage, and vegetation composition; b) streambanks showing signs of accelerated erosion will be evaluated for their erosion potential using the Bank Erosion Hazard Index (BEH]) method.and for Near Bank Shear Stress (NBSS); c) physical measurements of streambank height.and length will be performed; d) the width of the riparian area will be evaluated using GIS. 3) A detailed land -use analysis of the Lake Fayetteville watershed will be conducted to help identify other sources of sediment and nutrients. Deliverables: A summary of the inventory results with maps and results of the Lake Fayetteville land -use. Task 2: Measure erosion rates at select streambank sites and estimate sediment loads from eroding streambanks. Under this task l) Select a minimum of 24 sites for evaluation of lateral streambank erosion rates based on the results of the inventory, install toe pins, and measure bank profiles; 2) Characterize streambank materials through sampling and analysis; 3) After one year elapsed time; measure bank profiles again; evaluate flow conditions to determine if measurements need to be collected again; 5) Estimate sediment and nutrient loads from streambanks using erosion data collected and previously developed streambank erosion prediction curves. Deliverables: Maps showing erosion potential for streambanks; streambank erosion rates; estimates of sediment and nutrient loads resulting from streambank erosion. Task 3: Develop and Implement Criteria for Prioritizing Sites for Restoration or Preservation. Activities include 1) Criteria for preservation of riparian areas associated with wetland features, prairies, and/or stable streams will be developed and applied; 2) Criteria for prioritizing the restoration of unstable streambanks will be developed and applied. Deliverables: Mapping products showing prioritized sites and summary of problems and/or natural attributes. Task 4: Provide project results to local watershed groups, government agencies, and Cities to integrate into existing and future activities or planning. Activities include 1) coordinate with watershed groups, local NRCS office, Conservation Districts, and City staff to develop strategies for utilizing study results. Deliverables: Summary of meetings conducted and strategies developed. Task 5: Riparian Enhancement Outreach. Under this task l) work with the City of Fayetteville and other project partners to conduct riparian enhancement outreach events where volunteers assist with planting native species of plants, removal of invasive vegetation, and removal of trash in streams and riparian areas; 2) incorporate project information into local and regional workshops, meetings, conferences and/or courses attended by city planners, local decision makers, and/or environmental professionals; and V. State: Arkansas Agreement No. 68-7103-15-1 1 1 Clear Creek Assessment 3) develop a list of invasive plants commonly found in riparian areas and effective ways of removing these plants. Deliverables: Outreach activities summary and invasive plant identification and removal guidance document. Task 6: Administrative and Reporting. The applicant will provide project oversight and develop l) quarterly reports and 2) a final report. Deliverables: Semi-annual and Final Reports Schedule of Work: Table 1 lists significant milestones to be accomplished as this projected is carried -out and a.projected schedule. Table 1. Work to be Conducted and Milestones Timeline IA. Form planning group of partners 10/01/15 - 01/31/16 1 B: Conduct Inventory a) Streambanks -conduct BEH1/NBSS & bank 01/01/16 - 12/15/16 measurements b) Evaluate riparian areas 2: Measure Streambank Erosion; Sample Streambanks; Estimate Loads a) Select streambanks for monitoring b) Install toe pins/Measure bank profiles 06/01/16 - 09/30/18 c) Follow-up Measurements d) Sample/analyze bank materials e) Estimate sediment & nutrient loads 3: Prioritization Criteria 1) Riparian Preservation 02/01/17 - 10/31/18 2) Stream & Wetland Restoration 4: Integration of Study Results 02/01/17 - 10/31/18 5: Riparian Enhancement Outreach 01/01/16 - 10/31/18 6. Reporting a) Semi-annual report 01/01/16 - 12/17/18 b) Final report 17 State: Arkansas Agreement No. 68-7103-15-111 Clear Creek Assessment Project Budget and Unit Costs: Table 2 shows the general project budget. The WCRC will provide $28,000 of cash matching funds. The Cities of Fayetteville and Springdale will provide $42,000 of cash and in-kind matching funds. The City of Fayetteville's funding is pending City Council approval. Table 3 is a summary of major tasks along with deliverables and associated unit costs. Table 2. 18 Project Budget Object Class Cat. - .Federal. Non Federal Total a. Personnel .$37,700 $12,500 $50,200 b. Fringe $14,700 $4,900 $19,600 c. Travel $1,0001 $2,000 $3;000 d. Equipment $0 $8,000 $8,000 e. Supplies $0 $5;200 $5,200 f. Contract $0 $10,000 $10,000 g. Construction $0 $0 $0 h. Other (in -Kind) $0 $22,000 $22,000 i. Total Direct $53,400 $64,600 $118,000 j. Indirect $16.600 $5,400 $22,000 k. Totals $70,000 $70,000 $140,000 18 State: Arkansas Agreement No. 68-7103-15-111 Clear Creek Assessment Table 3. Payment Schedule Task Deliverable Unit Cost IA. Form planning group of partners and hold Agenda, meeting date, and $1,500/mtg three meetings list of participants for each Total: $4,500 meeting 1 B: Conduct Inventory c) Streambanks - conduct BEHI/NBSS & Summaries 1) streambank inventory $12,000/summary bank measurements 2) riparian areas Total: $24,000 d) Evaluate riparian areas 2: Measure Streambank Erosion; Sample Streambanks; Estimate Loads l) Map of toe pin locations f) Select streambanks for monitoring and initial profile data $5,000/summary g) Install toe pins/Measure bank profiles 2) Erosion rate summary Total: $15,000 h) Follow-up .Measurements 3) Sediment & nutrient i) Sample/analyze bank materials loadings summary j) Estimate sediment & nutrient loads 3: Prioritization Criteria 3) Riparian Preservation Final Criteria S5,000 4) Stream & Wetland Restoration 4: Integration of Study Results Map of Study Results S6,500 5: Riparian Enhancement Outreach l) Summaries of3volunteer $1,000/event events Total: $3,000 2) Invasive guidance Guidance. Doc.: document $2,000 6. Reporting $1,000/s. report c) Semi-annual report 1) 5 semi-annual reports Total: $5,000 d) report .Final 2) Final Report Final report: $5,000 Partnerships: The following organizations have agreed to participate as partners with the WCRC and provide assistance: • City of Fayetteville will organize outreach events focusing on invasive removal, native plantings, and trash removal. They will assist with integrating the results of this project into activities and/or planning that can help to improve the water quality in Clear Creek watershed. They will also assist in the development of the invasive removal guidance document. • City of Springdale will assist with integrating the results of this project into activities and/or planning that can help to improve the water quality in Clear Creek watershed. • Illinois River Watershed Partnership will assist with transferring information and results to their watershed planning team and coordination of volunteers for invasive plant removal, native planting, and trash removal. They will also coordinate any activities associated with utilization of the information from this study for the RCPP and MRBI programs for the Illinois River watershed. U4 State: Arkansas Agreement No. 68-7103-15-111 Clear Creek Assessment • Washington County Cooperative Extension Service will help to organize and conduct riparian enhancement events associated with Lake Fayetteville. Project Management: The project will'be managed by the Watershed Conservation Resource Center (WCRC) with Sandi Formica acting as project manager and Matt Van Eps, P.E. acting as project engineer. Ms. Formica will facilitate the planning process, provide technical expertise on reach prioritization, and conduct the overall project management. Mr. Van Eps will develop data collection plan and coordinate data collection and evaluation for reach prioritization. Byron Humphry's of the City of Fayetteville will coordinate volunteer riparian enhancement activities. Brad Baldwin of the City of Springdale will coordinate activities within their City limits. Delia Haak of the IRWP will coordinate all activities associated with Illinois River watershed NRCS programs. Section F: Attachments • Attachment I — Project Map 20 I� State: Arkansas .Agreement No. 68-7103-15-111 Clear Creek Assessment Attachment;l: Project Location 21 ORDINANCE NO. 5645 AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVING A FIVE YEAR MEMORANDUM OF UNDERSTANDING WITH THE WATERSHED CONSERVATION RESOURCE CENTER TO JOINTLY SEEK FUNDING AND USE SUCH FUNDING TO DESIGN AND CONSTRUCT STREAM RESTORATION PROJECTS WHEREAS, the City of Fayetteville has long worked with the Watershed Conservation Resource Center (WCRC) and funded quality stream restoration projects successfully completed by the Center; and WHEREAS, the provisions of the attached Memorandum of Understanding meet the City of Fayetteville's need for continuing stream restoration projects at little or no cost to the City; and WHEREAS, the Watershed Conservation Resource Center can efficiently and effectively provide this service 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 to jointly seek funding and use such funding to design and construct stream restoration pro tatandil" authorizes Mayor Jordan to sign such Memorandum. �oG�FR. / .. .1. oma GST Y PASSED and APPROVED this 71h day of January, 2014. FAYETTEVILLEi APPROVED: ATTEST: By LI By: SON RA E. SMITH, City Clerk/Treasurer Watershed Conservation Resource Center And City of Fayetteville ::: ;EXHIBIT:~�,.. • �== 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. A. PURPOSE The purpose of this MOU is to establish a general framework for cooperation between the WCRC and the CITY OF FAYETTEVILLE to 1) seek funding and conduct stream restoration projects to achieve the common goal of restoring unstable sections of streams to a morphologically stable form utilizing a natural channel design approach and 2) to work together on nonpoint source (NPS) related issues associated with reducing nutrients and improving riparian and other natural areas. Innovative approaches will be used in designing and implementing stream restorations that will result in improved water quality of the City's watersheds and will address severe streambank erosion, while restoring aquatic and terrestrial habitat and maintaining a sustainable, natural hydrology. Such cooperation will serve the parties' mutual interest. B. STATEMENT OF MUTUAL INTERESTS AND BENEFITS The WCRC is a nonprofit organization that strives to protect, conserve, and restore natural resources by utilizing the watershed approach, conducting environmental outreach, and providing planning and technical assistance to landowners, communities, and government. The WCRC principals are regional experts and local leaders in implementing natural channel design - based stream restorations that meet multiple local and regional objectives relating to river channel instability, water quality, and ecological services. This MOU is of benefit to the CITY OF FAYETTEVILLE because these activities will help to meet the objectives of 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 local streams and rivers. This effort will also help to promote the use of alternatives to traditional channel modifications in both urbanizing and rural areas. The WCRC and the CITY OF FAYETTEVILLE partnered and have obtained several grants for restoring streams within the City and surrounding areas and for assessing streams for stability and contaminant reduction. These projects have brought over $2,300,000 to the City for water quality and other environmental improvements and have helped to create local partnerships and outreach opportunities in the areas of river restoration, riparian enhancement, and watershed planning. Four stream and streambank restoration projects have been implemented that have resulted in over 4000 tons of sediment and 3,700 lbs of total phosphorus reductions, annually from streambank erosion, restored both aquatic and terrestrial habitat, protected City infrastructure, and improved aesthetics of City Parks and other properties. The WCRC currently has three active projects with the City and other partners to conduct more river restoration and assess urban streams and riparian areas to identify priority sites in need of restoration. In addition, the WCRC continues to monitor and maintain the four implemented stream restoration sites. C. FEES AND PAYMENTS No fee is associated with this MOU. As projects are identified by the City, a Task Order establishing the scope, fee, and payment terms for the project will be developed. The basis of this fee and justification for the, fee shall be contained in an Appendix attached to each Task Order. Adjustment of the fee may be made should WCRC establish and the CITY OF FAYETTEVILLE agree that there has been, or is to be, a significant change in scope, complexity or character of the services to be performed; or if the CITY OF FAYETTEVILLE decides to shorten the duration of work from the time period specified in the Agreement for completion of work and such modification warrants such adjustment. . In consideration of the above premises, the parties agree -as follows: D. THE WCRC: 1. Shall seek funding opportunities for stream restoration projects and other projects related to reduction of non -point source pollution. 2. Upon approval of specific Task Orders by the Mayor or City Council, as required by the City's procurement requirements, shall provide the services detailed in each Task Order. Said tasks may include: a. Identification of stream reaches that could benefit from stream restoration and prioritize, in streams within the City limits. b. Estimation of phosphorous reduction that would be realized for each priority stream restoration project. c. Assistance in developing grant applications for identified stream restorations and other non -point source pollution assessment projects. d. Assistance to the. CITY OF FAYETTEVILLE in addressing other NPS related issues. Shall accomplish other specific tasks as detailed in each Task Order E. 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. 3. Shall provide review and input into the final restoration designs. 4. Shall oversee activities and coordinate staff needed for implementation of the restoration designs. 5. Shall provide documentation of all project activities and associated matching funds. 6. Recognizes that their participation in stream restoration and NPS projects acquired is an integral component in carrying out a successful project that will result in improved water quality and habitat restoration. 7. Shall accomplish other specific tasks as detailed in each Task Order. 2 F. 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- 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 (other than as specifically established in this MOU), 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. 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 five years. 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: formica@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: cbrown@ci.fUetteville.ar.us Sarah Wrede, E.I., Staff Engineer City of Fayetteville Phone: 479-575-8206 E-mail: swrede@ci.fayetteville.ar.us 3 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. F, z,F. Sandi J. Fo , xecutive Director Watershed Conservation Resource Center ate ioneld Jord , M or ate City of Fay ttev' e 4hA�� e- JMt&'> - Sondra E. Smith, City Clerk/Treasurer City of Fayetteville Ty _moo ••�°; ez o 1-'/4 Date 11 Sarah Wrede Submitted By City of Fayetteville Item Review Form 2013-0244 Legistar File Number 1/7/2014 City Council Meeting Date - Agenda Item Only NIA for Non -Agenda Item Action Required: Development Services Department An ordinance to waive competitive bidding and to enter into a Memorandum of Understanding with the Watershed Conservation Resource Center to establish a general framework for cooperation to seek funding and conduct stream restoration projects and to work together on nonpoint source related issues. Does this item have a cost? No $0.00 Cost of this request n/a Account Number n/a Project Number Category or Project Budget $0..00. Funds Used to Date $0.00 Remaining Balance n/a Program or Project Name n/a Program or Project Category n/a Fund Name Budgeted Item? Budget Adjustment Attached? No V20130812 Previous Ordinance or Resolution # Vit Original Contract Number: L \J� Efd ER� Comments:a . (1-17- 13 ` --AL4 `$oA 0. - ` -. 17 - You 2 You Athis application that is not licensed to print to novaPDF printer (http://www.novapdf.com) • ZaylL—Ile AS�j THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE CITY COUNCIL AGENDA MEMO Council Meeting of January .7, 2014 To: Mayor and City Council Thru: Don Marr, Chief of Staff Jeremy Pate, Development Services Director Chris Brown, City Engineer From: Sarah Wrede, Staff Engineer Date: December 18, 2013 Subject: An ordinance to waive competitive bidding and renew a Memorandum of Understanding with the Watershed Conservation Resource Center to continue a general framework for cooperation to seek funding and conduct stream restoration projects and to work together on nonpoint source related issues. PROPOSAL The purpose of this Memorandum of Understanding (MOU) is to establish a general framework for cooperation between the Watershed Conservation Resource Center (WCRC) and the City of Fayetteville to 1) seek funding and conduct stream restoration projects to achieve the common goal of restoring unstable sections of streams to a morphologically stable form utilizing a natural channel design approach and 2) to work together on nonpoint source (NPS) related issues associated with reducing nutrients and improving riparian and other natural areas. The WCRC is a nonprofit organization that strives to protect, conserve, and restore natural resources by utilizing the watershed approach, environmental outreach, and providing planning and technical assistance to landowners, communities, and government. The WCRC principals are regional experts and local leaders in implementing natural channel design -based stream restorations that meet multiple local and regional objectives relating to river channel instability, water quality, and ecological services. The WCRC and the City have successfully partnered to receive over $2,300,000 in federal grants for water quality and other environmental improvements. WCRC has been instrumental in securing these funds due to their relationships with Federal grant agencies and their proven track record of successful stream restoration projects. This MOU will establish a continued partnership between the City and WCRC whereby the WCRC will actively seek grant funding for stream restoration projects in the City of Fayetteville, and will allow the City the opportunity to quickly take advantage of opportunities identified. The MOU is effective for a period of five years. RECOMMENDATION Staff recommends approval of an ordinance to waive competitive bidding and to renew a Memorandum of Understanding with the Watershed Conservation Resource Center to continue a general framework for cooperation to seek funding and conduct stream restoration projects and to work together on nonpoint source related issues. BUDGETIMPACT The proposed agreement will cause no budget impact. As tasks are identified, a Task Order, with associated fee, will be developed for approval by the Mayor and City Council. ORDINANCE NO. AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVING A FIVE YEAR MEMORANDUM OF UNDERSTANDING WITH THE WATERSHED CONSERVATION RESOURCE CENTER TO JOINTLY SEEK FUNDING AND USE SUCH FUNDING TO DESIGN AND CONSTRUCT STREAM RESTORATION PROJECTS WHEREAS, the City of Fayetteville has long worked with the Watershed Conservation Resource Center (WCRC) and funded quality stream restoration projects successfully completed the Center; and WHEREAS, the provisions of the attached_ Memorandum of Understanding meet the City of Fayetteville's need for continuing stream restoration projects at little or no cost to the City; and WHEREAS, the Watershed Conservation Resource Center can efficiently and effectively provide this service 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 to jointly seek funding and use such funding to design and construct stream restoration projects and authorizes Mayor Jordan to sign such Memorandum. PASSED and APPROVED this 7"' day of January, 2014. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer