HomeMy WebLinkAboutOrdinance 5341 ORDINANCE NO. 5341
AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL
COMPETITIVE BIDDING AND APPROVING A MEMORANDUM OF
UNDERSTANDING WITH THE WATERSHED CONSERVATION
RESOURCE CENTER TO ESTABLISH A GENERAL FRAMEWORK OF
COOPERATION TO SEEK FUNDING,CONDUCT STREAM RESTORATION
PROJECTS AND TO WORK TOGETHER ON NONPOINT SOURCE
RELATED ISSUES
WHEREAS,the purpose of the attached Memorandum of Understanding is to establish a
general framework for cooperation between the Watershed Conservation Resource Center
(WCRC) and the City to 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 to work together on nonpoint source related issues
associated with reducing nutrients and improving riparian and other natural areas;and
WHEREAS,the WCRC is a nonprofit organization with regional experts that strive 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;and
WHEREAS, the City has successfully partnered with WCRC in the past to receive
approximately$470,000.00 in federal grants for stream restoration and the City and WCRC are
currently in discussions with federal grant agencies for approximately$890,000.00 in additional
grant funds for stream restoration.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE,ARKANSAS:
Page 2
Ordinance No. 5341
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 WCRC to establish a general framework for
cooperation to seek funding and conduct stream restoration projects and to work together on
nonpo int source,related issues.
PASSED and APPROVED this 3rd day of August, 2014.
APPROVED: ATTEST:
By: By: &.4" '�-'-
I ELD JO , Mayor SONDRA E. SMITH, City Clerk/Treasurer
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FAYETCEVILLE,
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MEMORANDUM OF UNDERSTANDING
Between
Watershed Conservation Resource Center
And
City of Fayetteville
This Memorandum of Understanding (MOU) is entered into and executed on the date indicated
below the signature block, by and between the Watershed Conservation Resource Center,
hereinafter referred to as WCRC, and the CITY OF FAYETTEVILLE.
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, 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 obtained a grant for the
Restoration of a Tributary to Mud Creek, Fayetteville, AR. The project restored 1,200 feet of
stream through Gulley Park and prevents an estimated minimum of 110,000 lbs/year of sediment
from entering the stream system, resulting in 27 lbs/year of total phosphorus and 68 lbs/yr of
total nitrogen reductions in the Illinois River basin. Additionally WCRC and the CITY OF
FAYETTEVILLE formed partnerships for two current stream restoration projects which are also
grant funded. The projects are summarized as follows:
1
Grant City of Total
Project Grant Source Status Funding Fayetteville Project
Funding Cost
Restoration of a Tributary to U.S.LPA 319 Grant
Mud Creek through ANRC complete
g $121,000 $ 141,200 $262,200
Stream Restoration Environmental
Demonstration at Niokaska Protection Agency current
Creek in Sweetbriar Park Region 6 _ $234,000 $ 78,000 $317,000
Stream Restoration of the
West Fork of the White River U.S.EPA 319 Grant
(WFWR)adjacent to the through ANRC current
Fayetteville Executive Airport $115,076 $ 86,812 $201,888
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 FAYETTEVIL,LE 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 NI'S
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.
t
2
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.
F. ITIS 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 ACTIVTTIES. This instrument in no way restricts the
WCRC or the CITY OF FAYETTF,VILLE 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 three years.
5. PRINCIPAL CONTACT. The principal contacts for this instrument are:
Sandi Formica,Executive Director
Watershed Conservation Resource Centel-
380
enter380 West Rock Street
Fayetteville,AR 72701
Office Phone: 479-444-1916
Cell Phone: 501-352-5252
Office Fax: 928-396-2.546
E-mail:were watershedconservatiou.or>
Chris Brown,P.E.,City Engineer
City of Fayetteville
113 W.Mountain
Fayetteville,AR 72701
Phone: 479-575-8206
3
Fax: 479-575-8202
E-mail: cbrown(7a 61ayetteville.anus
Sarah Wrede, E.I., Staff Engineer
City of Fayetteville
Phone: 479-575-8206
E-mail: swrede ci.fa etteville.anus
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. Form a, Executive Director Date
Watershed Conservation Resource Center
t
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coil d Jordan, y Date
City of Fayettevi
Sondra E. Smith, City Clerk/Treasurer Date
City of Fayetteville K/TRFq'['1%,,
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City of Fayetteville
Staff Review Form
City Council Agenda Items
or
Contracts
August 3, 2010
City Council Meeting Date
Sarah Wrede Engineering Development Services
Submitted By Division Department
Action Required:
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.
$ - nla nla
Cost of this request Category I Project Budget Program Category 1 Project Name
nla nla nla
Account Number Funds Used to Date Program 1 Project Category Name
nla nla nla
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
n�hltjkyoln Previous Ordinance or Resolution
il- nt D #
Departmector ate'—
/ Original Contract Date:
Original Contract Number:
itorney Date
a, '7 -6-1bIc) Received in City Clerk's Office
Finan and Interna Service Director Date 07-16-1 0 PO4 : 00 RCVD
vorr�&
ff / Date� Received in Mayor's Office EN
to
Comments:
eMile
THE CITY OF FAYETTEVILLE,ARKANSAS
DEPARTMENT CORRESPONDENCE
Tve E
ARKANSAS
CITY COUNCIL AGENDA MEMO Council Meeting of August 3,2010
To: Mayor and City Council
Thru: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
Chris Brown, City Engineer i,�6
From: Sarah Wrede, Staff Engineer
Date: July 15, 2010
Subject: 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.
PROPOSAL
The purpose of this Memorandum of Understanding (MOU) is to establish a general framework for cooperation between the
WCRC and the CITY OF FAYETTEVILLE to l) 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 City has successfully partnered with WCRC to receive approximately $470,000 in federal grants for stream
restoration and is in discussions with federal grant agencies for approximately $890,000 additional grant funds for stream
restoration. 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 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 three
years.
RECOMMENDATION
Staff recommends approval of 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.
BUDGET IMPACT
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 MEMORANDUM OF
UNDERSTANDING WITH THE WATERSHED CONSERVATION
RESOURCE CENTER TO ESTABLISH A GENERAL FRAMEWORK OF
COOPERATION TO SEEK FUNDING, CONDUCT STREAM
RESTORATION PROJECTS AND TO WORK TOGETHER ON NONPOINT
SOURCE RELATED ISSUES
WHEREAS,the purpose of the attached Memorandum of Understanding is to establish a general
framework for cooperation between the Watershed Conservation Resource Center(WCRC)and the City
to 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 to
work together on nonpoint source related issues associated with reducing nutrients and improving riparian
and other natural areas;and
WHEREAS,the WCRC is a nonprofit organization with regional experts that strive 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;and
WHEREAS, the City has successfully partnered with WCRC in the past to receive
approximately$470,000.00 in federal grants for stream restoration and the City and WCRC are currently
in discussions with federal grant agencies for approximately$890,000.00 in additional grant funds for
stream restoration.
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 WCRC to establish a general framework for cooperation to seek funding and conduct
stream restoration projects and to work together on nonpoint source related issues.
PASSED and APPROVED this 3rd day of August,2010.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN,Mayor SONDRA E.SMITH,City Clerk/Treasurer
WCRC Statement of Qualifications
About the Watershed Conservation Resource Center
The Watershed Conservation Resource Center is a non-profit organization whose
mission is "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 co-founders and principals of the Watershed Conservation Resource Center, Sandi J. Formica and
Mathew Van Eps have extensive backgrounds and are leading regional experts in watershed
management, watershed assessment, stream stability analysis, natural channel restoration design and
the utilization of GIS for inventory and evaluation of natural resource condition. The Watershed
Conservation Resource Center provides specialized assistance concerning watershed resource issues to
a variety of organizations including; watershed groups; local, state and federal governments; non-profit
organizations; conservation districts; and other entities that request assistance. The staff has a broad
range of experience with the watershed approach and has spent many years working throughout
Arkansas on a variety of watershed issues. The WCRC is located in Fayetteville, Arkansas and has a
staff of five.
The Watershed Conservation Resource "
Center is engaged in several watershed
assessment and stream restoration ,
projects. At this time, the WCRC has =`� ,,. �
received funding for the design of
three stream restoration projects in '"'`
northwest Arkansas, two of which are
on the West Fork of the White River.
The WCRC is currently engaged in
projects that assess stream stability
and include measurement of lateral
erosion rates for developing
streambank erosion prediction curves
for various fluvial systems in
Arkansas. WCRC staff has provided
technical assistance and . y
recommendations to state and federal
natural resource agencies regarding streambank stabilization projects in Arkansas. The WCRC is in
the process of completing an USDA grant, to develop with a host of government entities,NGOs, and
landowners a project plan for the restoration of unstable reaches on the West Fork White River, in
Northwest Arkansas. This project includes collecting field data to develop a restoration design for
priority reaches along with introducing natural channel restoration design concepts to state and federal
programs. The staff of the WCRC has tremendous experience in project team coordination and
working in a team oriented environment composed of various natural resource agencies from federal,
state, and local levels along with Iandowners and non-government entities. The WCRC has also
developed a regional training program and assists with the development and teaching of watershed
based training courses that are attended by environmental professionals from around the country.
1 WCRC Credentials 0
WCRC Statement of Qualifications ■
Restoration of a Tributary to Mud Creek, Fayetteville, AR
Funding Source: U.S. EPA 319 Grant through ANRC and City of Fayetteville
The WCRC was responsible for the design and implementation of a stream restoration project for a
1,200 ft section of stream that travels through an urban city park in Fayetteville, AR. Lateral erosion
of streambanks in the park generated excessive amounts of sediment that was delivered to the Illinois
River watershed. Also, the eroding streambanks posed safety hazards for park users and were
encroaching on park infrastructure. The WCRC partnered with the City of Fayetteville(City) and
obtained a U.S. Environmental Protection Agency(EPA) Section 319 grant administered through the
Arkansas Natural Resources Commission (ANRC) to provide professional services to restore this
unstable stream reach. The City provided matching funds for the project. A restoration design
utilizing a natural channel design approach based on data from local reference reaches was developed
and implemented by WCRC staff. The restoration was designed to minimize erosion, reduce sediment
loads to the system, and enhance the aquatic habitat of the stream. The WCRC obtained all required
permits and coordinated all implementation activities which include partnering with the most skilled
restoration contractor in the nation to build the designed stream restoration and procurement of
construction materials to be used that suit the City's aesthetic requirements. The design included a re-
vegetation plan which involved planting 4,500 native plants to enhanced stream stability and the local
ecosystem,while being aesthetically pleasing to park users. Since the restoration construction was
completed in late August 2008, three major storm events have occurred at the site including tropical
storm Ike which resulted in three times the design flow. The stream restoration remained effective
through each of the events and it is estimated that the project prevents a minimum of 100,000 lbs/year
of sediment from entering the stream system, while protecting park infrastructure. The WCRC
continues to monitor the site to ensure that the restoration remains successful into the future and to
provide guidance to the City for any maintenance that may be required. The proposed cost of this
project was$262,000 and the actual cost was $262,000. The project was completed within the
proposed timeframe.
Mid-South Watershed Training Program
Funding Source: U.S. EPA National Grant
The"Mid-South Watershed Training Program" (MSWTP) is a three year project funded by the EPA,
in which a regional watershed training curriculum has been developed by the WCRC to provide the
education and technical tools needed for environmental professionals, watershed coordinators, and
watershed stakeholders to understand and apply the watershed approach as a means to conserve,
restore, and protect natural resources. A series of intensive training courses are being offered, that
provide sound, scientific methods for identifying sources and causes of NPS pollution; estimating
contaminant loads; identifying BMPs and developing restoration strategies; estimating contaminant
load reductions and costs; and performing planning, outreach, and long-range monitoring. The training
courses provide the technical tools needed for developing comprehensive watershed plans that include
the `nine elements' listed in the National NPS Guidelines, and it benefits watersheds that cross both
State and EPA region boundaries by providing courses that focus on regional land use and water
quality issues. The MSWTP's target audience is environmental professionals from Arkansas,
Missouri, and Oklahoma; where there are shared watersheds with some shared U.S. EPA regions. This
regionally based program has provided the watershed management education opportunities to cultivate
the ability of all levels of government to develop and implement comprehensive watershed programs.
Course instructors range from local experts to internationally recognized environmental professionals.
The WCRC has several project partners including Wildland Hydrology, TNC, Upper White River
Foundation, University of Arkansas, USDA ARS, Audubon,U.S. EPA and Oklahoma State University.
40 WCRC Credentials -
WCRC Statement of Qualifications ■
Sediment and Nutrient Evaluation of Blossom Way Branch, Rogers, Arkansas
Funding Source: U.S. EPA 319 Grant through ANRC and City of Rogers
As part of a larger EPA 319 project, the City of Rogers(City) contracted with the WCRC to assess
watershed conditions for sediment and nutrients and evaluate streambank erosion occurring in the
Blossom Way watershed, a rapidly urbanizing watershed within the Illinois River basin. As part of
this project, the WCRC conducted a detailed land use analysis using"heads-up" digitizing. The results
of the land-use analysis were used to determine impervious surfaces and to estimate sediment and
nutrient loads. The WCRC also developed streambank erosion prediction curves for the Osage Creek
watershed. This included evaluating in the field over 400 streambanks; measuring erosion rates for
approximately selected streambanks; and sampling bank materials to determine particle size
distributions. The streambank erosion prediction curves were used to estimate sediment and
phosphorus loads from eroding streambanks and load reductions that would be achieved from stream
restoration projects. The WCRC also identified sources of nutrient and sediment from the various land
uses in the Blossom Way watershed. Load contributions from sources were estimated using GIS data,
other available data, published export coefficients, and simple to complex models or relationships.
The results of this project will be used by the City to help with urban planning that promotes
aesthetically pleasing greenways; excellent water quality; and preservation and restoration of habitat.
The proposed cost for this work was$87,000 and the actual cost was $87,000. The project was
completed on time within the proposed timeframe.
West Fork White River Watershed — Restoration of Priority Reaches Project Plan,
Northwest Arkansas
Funding Source: USDA NRCS Grant through Conservation Partnership Initiative National
Competition and In-kind Matching Funds from Project Partners
The WCRC and local partners received a grant to develop a locally based plan to reduce accelerated
streambank erosion in the West Fork watershed. Within the West Fork White River(WFWR)
watershed, an ADEQ assessment estimated that accelerated streambank erosion contributed 66%of an
average sediment load of 35,795 tons/yr for the system and that one 0.7 mile reach contributed 25% of
the streambank erosion load (Formica, et. al, 2004). Streambank erosion at a watershed scale was
evaluated by developing and applying a prioritization method to the WFWR. The results of this
project will be used in the watershed planning process to identify areas for restoration that will result in
a significant sediment reduction and maximized habitat restoration. Based on field data and GIS
analysis, twenty nine reaches were identified as needing restoration and were prioritized based upon
criteria related to channel instability, sediment and nutrient contributions, and potential for success.
The project also included seeking funding sources and community outreach. A demonstration
restoration design using natural channel design techniques is in the process of being developed for one
high priority site. Funding for this project is provided through a USDA Natural Resource
Conservation Service "Conservation Partnership Initiative"grant. This project is ongoing, the project
is on budget as established in the original work proposal.
Restoration of West Fork White River, Northwest Arkansas
Funding Source: U.S. EPA 319 Grant through ANRC and In-Kind Matching Funds from
Project Partners
The WCRC with several local partners was awarded an EPA 319 grant from the Arkansas Natural
Resources Commission to develop and implement a stream restoration design for an unstable reach on
the West Fork White River(WFWR) in northwest Arkansas. The reach of river that was restored was
40 WCRC Credentials -