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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 TR '''�i ��,...• S �i fit'. &1Y FAYETCEVILLE, %9s'9A'kA 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 !�l d coil d Jordan, y Date City of Fayettevi Sondra E. Smith, City Clerk/Treasurer Date City of Fayetteville K/TRFq'['1%,, 060 r :FAYETTEVILLE: ANG TwN�'G',,` 4 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 -