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�
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PASSED and APPROVED this 7th day of January, 2014. C-) :moi
• FAYETTEVILLE
APPROVED: ATTEST: P
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By: Qc n"► r
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SON RA E. SMITH, City Clerk/Treasurer
Watershed Conservation Resource Center
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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
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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
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FAYETTEViLV.,E
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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
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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
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•
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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