HomeMy WebLinkAbout229-10 RESOLUTIONRESOLUTION NO. 229-10
A RESOLUTION APPROVING AMENDMENT NO. 1 TO THE
MEMORANDUM OF UNDERSTANDING WITH THE WATERSHED
CONSERVATION RESOURCE CENTER IN THE AMOUNT OF $119,431.00
FOR A STREAM RESTORATION PROJECT ON A SECTION OF THE WEST
FORK OF THE WHITE RIVER ADJACENT TO THE FAYETTEVILLE
EXECUTIVE AIRPORT, AND APPROVING A BUDGET ADJUSTMENT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves
Amendment No. 1 to the memorandum of understanding with the Watershed Conservation
Resource Center in the amount of $119,431.00 for a stream restoration project on a section of the
west fork of the White River adjacent to the Fayetteville Executive Airport. A copy of
Amendment No. 1 is attached to this Resolution as Exhibit "A."
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a
budget adjustment, a copy of which is attached to this Resolution as Exhibit "B."
PASSED and APPROVED this 21st day of December, 2010.
APPROVED:
ATTEST:
By:
SONDRA E. SMITH, City Clerk/Treasurer
,,.:k (-AkWTRA,,,,.,
%\ .G,\iYOF••'v�
® •
F. : FAYETTEVILLE: 17
:`z•• •�
•
,q S 5•
AMENDMENT No. 1
to
MEMORANDUM OF UNDERSTANDING
Between
Watershed Conservation Resource Center
And
City of Fayetteville
This is an Amendment to the Memorandum of Understanding (MOU) entered into and executed
by the City on January 8th, 2010, by and between the Watershed Conservation Resource Center
hereinafter referred to as WCRC and the City of Fayetteville (CITY of FAYETTEVILLE). The
purpose of the MOU was to establish a general framework for cooperation between the WCRC
and the CITY OF FAYETTEVILLE to conduct the project entitled, "West Fork Stream
Restoration at the Fayetteville Airport." The project is being conducted in two phases: Phase I
Reach Restoration Plan Development and Phase II Reach Restoration Design Implementation.
The Amendment is specific to Phase II of the project. Since the original MOU was developed, a
workplan to conduct Phase II of this project has been developed and funded through a 319 grant
administered through the Arkansas Natural Resource Commission (ANRC). Based on work
conducted during Phase I of this project, it was determined that the length of the restoration
needed to be increased from 3,000 ft to 4,600 ft to improve the overall success of the project. An
additional $119,431 of City funds is needed for Phase II and an additional $244,756 of federal
funding has already been secured through the ANRC. Total federal dollars secured to conduct
Phase II is $458,000. The originally proposed restoration length was based on an existing
inventory of streambank erosion sites but did not consider unknown elements of the site
morphology. The original cost estimate was developed with minimal information such as,
excavation volumes and the numbers and placement of structures. Once a preliminary,
morphological evaluation of the site was conducted along with a conceptual design during Phase
I of the project, it was determined that additional length was needed to restore a complete
meander wavelength of river (as shown on the attached map). The additional length improves
the project success and reduces the potential for the river to change course and enter a former
channel, which could potentially threaten any implemented restoration design. Including
additional channel length will better protect the project and adjacent properties at the site. Also,
Phase I provided additional data and information needed to develop a better cost estimate for the
size of the project and river. The increased length also results in additional sediment and
phosphorus load reductions to the West Fork White River and Beaver Lake watershed along with
improving the local ecology without having to develop an entirely new project. A summary of
the original cost estimate and the current costs is summarized in the following table:
Original Phase II
Cost Estimate
Additional Funds
Phase II Cost
City
$161,188
$ 119,431
$ 280,619
Federal
$ 213,244
$ 244,756
$ 458,000
For Phase II, the project description, schedule of activities, budget, and roles and responsibilities
of the WCRC and the CITY OF FAYETTEVILLE can be found in the workplan.
Section C of the MOU is amended by adding the following:
C. THE WCRC:
5. Shall coordinate and carry -out activities associated with the Phase II project as outlined
in Tasks 1— 7 of the workplan and insure that project milestones are met according to
the workplan schedule.
Section D of the MOU is amended by updating number 3 and adding number 8 as follows:
D. THE CITY OF FAYETTEVILLE:
3. As part of the City's Nutrient Reduction Plan, they will be responsible for providing
matching funds, a total sum of $367,431, for Phase I and Phase II. A minimum of
$86,812 will be provided to WCRC for Phase I (as outlined in the budget section of the
attached work plan) and $280,619 for Phase II (to be released pending award of the
Phase II grant).
8. Shall assist with project activities and tasks as outlined in the attached Phase II
workplan.
Pc 3 f Zoio
Sandi . Formica, Executive Director Date
Watershed Conservation Resource Center
L oneld Jord ayor
City of Fayetteville
/s-ag-/�
Date
City of Fayetteville, Arkansas
Budget Adjustment Form
Budget Year
20W
Department:
Division:
Program:
Date Requested
12/2/2010
Adjustment Number
Project or Item Added/Increased:
$119,431 recognized in the project.
Project or Item Deleted/Reduced:
None.
Justification of this Increase:
Memorandum of Understanding Amendment No. 1 to
increase the scope of the project by increasing the
overall length of the restoration to 4,600 feet.
Justification of this Decrease:
Account Name
Increase Budget
Account Number Amount Project Number
Bridge & Drainage Improve
4470 9470 5817 00 119,431 02097 0901
Account Name
Decrease Budget
Account Number
Bridge & Drainage Improve
Amount Project Number
4470 9470 5817 00 119,431 02097
Division Head Date
udget Director Date
Departm nt rector
Finan( - Director
at. Li./1
ie -,4
-dry
ate
Type:
Budget & Research Use Only
A B C D
Requested By
General Ledger Date
Posted to General Ledger
Posted to Project Accounting
V.090403
Initial Date
Initial Date
Sarah Wrede
Submitted By
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
12/21/2010
City Council Meeting Date
Agenda Items Only
Engineering
Division
Action Required:
Development Services
Department
A resolution approving Amendment No. 1 to the Memorandum of Understanding between Watershed Conservation
Resource Center and City of Fayetteville in an amount of $119,431 for the stream restoration project on a section of
the West Fork of the White River adjacent to the Fayetteville Executive Airport.
$
119,431.00
Cost of this request
4470.9470.5817.00
Account Number
02097.0901
Project Number
Budgeted Item
X
248,000.00
Category / Project Budget
Stormwater Quality Mgmt/Nutrient Reduct
Program Category / Project Name
248,000.00 Bridge & Drainage Improvements
Funds Used to Date Program / Project Category Name
Sales Tax Capital Improvement
Remaining Balance Fund Name
Budget Adjustment Attached
X
Finance and Internal Services Director
1-01,10 tO
Date
/2- 3 - i
Date
Date
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Received in City 12-03-10A08:22 RCVD
Clerk's Office
Received in
Mayor's Office
Eli ERE,
Comments:
Revised January 15, 2009
ttvlle
To: Mayor and City Council
Thru: Don Marr, Chief of Staff p
Jeremy Pate, Development Services Director 0�
Chris Brown, City Engineer C13
CC: David Jurgens, Utilities Director
Lindsley Smith, Director of Communication and Volunteer Services
From: Sarah Wrede, Staff Engineerfi1C-'
Date: December 20, 2010
THE CITY OF FAYETTEVILLE, ARKANSAS
ENGINEERING DIVISION
125 West Mountain
Fayetteville, AR 72701
Phone (479) 444-3443
Subject: Status Update of the Agreement with Beaver Water District for Protection of the Beaver Lake
Watershed and the Nutrient Reduction Plan
BACKGROUND
In March, 2006, the City entered into an agreement with the Beaver Water District (BWD) for the protection of
the Beaver Lake Watershed. The purpose of the agreement is to achieve a net reduction in the load of Total
Phosphorus to Beaver Lake. The agreement was established as part of the City's Arkansas Department of
Environmental Quality (ADEQ) permitting requirements for the Noland Wastewater Treatment Plant on the
White River, and helped the City secure a permit from ADEQ that keeps the total phosphorus limit at 1 mg/1
rather than the ADEQ proposed limit of 0.5 mg/1. The agreement will be in effect for a period of five years, and
has numerous stipulations, among them the initial step of developing a Nutrient Reduction Plan (NRP)
evaluating sources of phosphorus in the Beaver Lake Watershed and identifying actions that may be taken to
reduce the TP load from those sources. The NRP has been completed and is used as the guiding document for
development of projects that help meet the goals of the agreement.
ACTIVITIES COMPLETED TO DATE
• A consultant contract with Geosyntec, Inc. for preparation of the NRP was approved in August, 2007, and
the plan was completed in April, 2009.
• The Physical Alteration of Land Ordinance and the Stormwater Management, Drainage, and Erosion
Control Ordinance were revised based on the NRP and staff recommendations. These revisions were
forwarded by the Planning Commission and approved by the City Council in July of 2010.
• A Low Impact Development Ordinance was developed and approved by City Council in April of 2010.
ACTIVITIES IN PROGRESS TO DATE
• The Streamside Protection Ordinance has been drafted, received public input and comment, endorsed by the
Environmental Action Committee, forwarded to City Council with a recommendation for approval by the
Planning Commission, and will proceed to City Council in February. A Best Management Practices Manual
was developed to support the ordinance and provide education regarding streamside activities.
Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701
THE CITY OF FAYETTEVILLE, ARKANSAS
• A contract with Malco Theatres began in April of 2010 for media spots at each of the 16 theatres for a year
and a media buy with Cox Cable began in September of 2010.
• The pet waste program has provided pet waste stations and baggies in City parks and on trails.
• Staff began a stormwater utility feasibility in 2009. It is currently in progress.
• A Contract with the Watershed Conservation Resource Center for a stream restoration on the West Fork of
the White River near Fayetteville Executive Airport is currently in the design phase. An extension of the
project will be considered for approval by the City Council on December 21, 2010.
• A Contract with the Watershed Conservation Resource Center for a streambank stabilization project on the
White River near the Noland Plant was approved.
UPCOMING ACTIVITIES
The following activities are planned to begin in 2011:
• The City has begun the process of selecting a consultant to develop a Low Impact Development Technical
Manual which will clarify the city's requirements for LID projects and aid the design process for the
developer.
• Staff will seek approval of a partnership between the University of Arkansas, the WCRC, and the City, with
additional grant funding from Arkansas Natural Resource Commission, for a stream restoration project on
Mullins Creek on the University property.
• An ordinance regulating inspection of septic systems at property transfer will be developed and presented to
City Council.
Attachment 1 provides a summary of all NRP projects that have been completed or are in progress, including
sanitary sewer improvement projects. The spreadsheet includes the planned year(s) of implementation, initial
and current cost estimates, and actual expenditures to date for each project. A status of each project is included
as well.
EXPENDITURE SUMMARY
The Agreement states that the City agrees to spend $200,000 per year on phosphorus reduction projects. Since
the NRP was not completed until 3 years into the agreement period, the yearly expenditures have been pushed
back. However, staff has prepared a project plan that includes a total of $1,022,848 in projects.
The Nutrient Reduction Plan included a list of projects with recommended funding levels for each (see attached
Table 5-1 excerpted from the NRP for details). Since the development of the Nutrient Reduction Plan, some
projects have been reduced or discontinued, and others have been added or have increased in scope. In general,
a focus on stream restoration projects has emerged due to the high rate of phosphorus removal relative to the
project cost, and due to the availability of federal funds for stream restoration projects. As indicated by
Attachment 1, the total expenditures planned have not increased substantially, but we expect to leverage the
funds in the Nutrient Reduction Project to complete more than $2.2 million worth of projects over the life of the
program.
Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701
!lle
CITY COUNCIL AGENDA MEMO
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENT CORRESPONDENCE
To: Mayor and City Council
Thru: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
Chris Brown, City Engineer (:ea
From: Sarah Wrede, Staff Engineer 54 &t1
Date: December 2, 2010
Subject: A resolution approving Amendment No. 1 to the Memorandum of Understanding between
Watershed Conservation Resource Center and City of Fayetteville in an amount of $119,431 for the
stream restoration project on a section of the West Fork of the White River adjacent to the Fayetteville
Executive Airport.
PROPOSAL: On January 5, 2010, City Council approved Ordinance 5302 to approve a partnership agreement
and cost share with the Watershed Conservation Resource Center (WCRC) in the amount of $248,000 for a
stream restoration project for a section of the West Fork of the White River, WFWR, adjacent to the
Fayetteville Executive Airport. The total project cost to the City of Fayetteville will be $367,431 with the
increased funding requested.
The project's original length of approximately 2,800 to 3,000 feet was based on streambank erosion sites and
the cost estimate was developed with minimal information. Once a preliminary, morphological evaluation of
the site was conducted along with a conceptual design during Phase I of the project, it was determined that
additional length, approximately 4,600 feet, was needed to restore a complete meander wavelength of river.
This improves the project success and reduces the potential for future streambank erosion or failure to occur,
which better protects the properties at the site. Also, Phase I provided additional data and information needed to
develop a better cost estimate for the size of the project and river. The additional length results in additional
sediment and phosphorus load reductions to the West Fork and Beaver Lake watershed along with improving
the local ecology without having to develop a new project.
Arkansas Natural Resources Commission (ANRC), who administers the EPA 319 grant funding has approved
the increased project scope and increased their project match by an additional $244,756 making the total federal
funding for the project $573,076. The combined project funding, federal and City of Fayetteville, for the stream
restoration will be $940,507.
This project is a part of the Nutrient Reduction Plan that the City completed based on the 2006 Agreement
between the City and Beaver Water District. The increased project cost will be balanced by a reduction in costs
of other projects from the Nutrient Reduction Plan.
THE CITY OF FAYETTEVILLE, ARKANSAS
RECOMMENDATION: Staff recommends approval of a resolution to authorize the Mayor to execute
Amendment Number 1 to the Memoradum of Understanding with the Watershed Conservation Resource
Center.
BUDGET IMPACT: Currently, there is $313,786.62 remaining in the Stormwater Quality Mgmt/Nutrient
Reduct account that has been designated for use to fund projects that improve stormwater quality in the City of
Fayetteville. This project will be paid for from these funds. A subproject has been generated for the "West
Fork White River Stream Restoration". The budget adjustment is to transfer funds into the subproject.
Attachments:
Staff Review Form
Budget Adjustment
Memorandum of Understanding Amendment 1
Vicinity Map
Conceptual Layout Map
Ordinance 5302
Memorandum of Understanding "West Fork Stream Restoration at the Fayetteville Airport"
RESOLUTION NO.
A RESOLUTION APPROVING AMENDMENT NO. 1 TO THE
MEMORANDUM OF UNDERSTANDING WITH THE WATERSHED
CONSERVATION RESOURCE CENTER IN THE AMOUNT OF $119,431.00
FOR A STREAM RESTORATION PROJECT ON A SECTION OF THE WEST
FORK OF THE WHITE RIVER ADJACENT TO THE FAYETTEVILLE
EXECUTIVE AIRPORT, AND APPROVING A BUDGET ADJUSTMENT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves
Amendment No. 1 to the memorandum of understanding with the Watershed Conservation
Resource Center in the amount of $119,431.00 for a stream restoration project on a section of the
west fork of the White River adjacent to the Fayetteville Executive Airport. A copy of
Amendment No. 1 is attached to this Resolution as Exhibit "A."
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a
budget adjustment, a copy of which is attached to this Resolution as Exhibit "B."
PASSED and APPROVED this 21St day of December, 2010.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
WFWR RESTORATOIN - PHASE II
PROPOSED PROJECT EXTENTS
Fayetteville Executive Airport
Vicinity Map for
West Fork White River Restoration at
Fayetteville Executive Airport N
0 750 1,500 3,000 4,500 6,000
Feet
Attachment 1
City of Fayetteville
Nutrient Reduction Plan
Project Status as of December, 2010
le
Project Name
NIRP n
Implementation
Years
Estimated Cost -
Years 1-5
Actual Expenditures
Matching
Dollars
Secured
Status
1
2
3
4
5
Initial Estimate'Estimate
Current
Year 1"
Year 2"'
Year 3*"
Direct
Expenses
Staff cost
Total
Direct
Expenses
Staff cost
Total
Direct
Expenses
Staff cost
Total
Development of Nutrient Reduction
Plan
Y
x
$ 200,000
$ 204,252
$ 200,000
$ 4,252
$ 204252
$ -
$ -
Complete April 2009
Septic System Ordinance Revisions
Y
x
-
$ -
$ -
$ -
$ -
Planned for Year 3
Riparian Buffer Ordinance
Y
x
x
-
$ 37,000
$ -
$ -
$ 35,603
$ 35,603
In Progress, City Council in
February 2011
Soil Erosion and Sediment ControlY
Revisions and Manual
x
x
$ 15,000
$ 3,000
$
$ 3,000
$ 3,000
$
Ordinance Complete July
2010
Low Impact Development Ordinance
Y
x
x
-
$ 10,000
$ -
$ 10,000
$ 10,o00
$ -
Complete April 2010
Low Impact Development Technical
Manual
N
x
x
$
$ 50,000
$
$
$
Currently requesting
qualifications
Mass Media Campaign
Y
x
x
x
x
$ 100,320
$ 25,500
$ -
$ 19,870
$ 630
$ 20,500
$ 5,000
$ 5,000
In Progress
Pet Waste Program
Y
x
$ 15,000
$ 4,207
$ 1,212
$ 1,212
$ 998
$ 998
$ 1,997
$ 1,997
Providing pet waste stations
with bags
Commercial Fertilizer Program
Y
x
x
x
$ 60,000
$ -
$ -
$ -
$
Discontinued
Storm Water Utility Feasibility Study
Y
x
$ 60,000
$ 30,000
$ -
$ 12,226
$ 12,226
$ -
In Progress ($ as of
2/25/2010)
Wal -mart Detention Basin Retrofit
Y
x
$ 50,000
$ -
$ -
$ -
$ -
Discontinued
Airport Property Stream Restoration
Y
x
x
x
$ 247,680
$ 367,431
$ -
$ 86,812
$ 86,812
$ 280,619
$ 280,619
$ 573,076
In Progress
Univ. of AR Stream Restoration
Y
x
$ 100,000
$ 25,000
$ -
$ -
$ -
$ 440,000
Planned for Year 5 (possibly
sooner)
Noland Plant White River Bank
Restoration
N
x
x
$ -
$ 77,000
$ -
$ -
$ 77,000
$ 77,000
$ 200,000
In Progress
Pasture Renovation
Y
x
x
x
$ 152,000
$ 270
$ -
$ 270
$ 270
$ -
Discontinued
West Fork Watershed Celebration &
River Cleanup
N
x
$ -
$ 625
$ 625
$ 625
$ -
$ -
Complete
Beaver Lake Watershed Protection
Strategy Report
N
x
$ -
$ 10,000
$ -
$ 10,000
$ 10,000
$ -
Complete
Watershed Education w/ UA
Cooperative Extension Service
N
x
x
x
x
x$
-
$ 130,016
$ 42,272
$ 42,272
$ 43,192
$ 43,192
$ 44,552
$ 44,552
This ongoing contract is currently
funded through 2011.
Sanitary Sewer Upgrades
N
x
x
x
x
$ -
$ 48,546
$ 48,546
$ 48,546
$ -
Complete
Totals
$ 1,000,000
$ 1,022,848
Year 1 total $ 248,361
Year 2 total
$ 235,544
Year 3 total
$ 444,772
$ 1,213,076
' Initial Estimate in Nutrient Reduction Plan
" "Year 1" is defined as March 2006 - April 2009
Total to date $ 928,677
Total to date with grants $ 1,701,753
""'Year 2" is defined as May 2009 - April 2010
"" "Year 3" is defined as May 2010 - April 2011
Total estimated project with grants $ 2,235,924
Geosyntec°
consultants
Table 5-1: Summary of Recommended Projects
Structural Practices
Heritage East Detention Basin Retrofit
1
✓
1
1
M
$65K
6to12
$500 to $10008'
Wal-Mart Detention Basin Retrofit
1
M
$100K
8 to 12
$800 10 $13008'
$50K
Sale Barn Site Improvements
1
L
$104K
$15K
Airport Property Stream Restoration
1
1
1
L
$228K°
476
$248'
$228K
University of Arkansas—Mullins Creek Restoration
1
1
✓
L
$300K
Not Determined
Not Determined
$100K
Pasture Renovation - Option #1
1
1
1
1
$214K°
420 to 945
$169-$75"
Pasture Renovation - Option #2
1
1
1
1
1
$235K4
210to630
$373-$124"
Pasture Renovation - Option #3 (recommended)
1
1
1
$152K'
420
$121"
$152K
Non-structural/Programatic
Education and Outreach
1
1
1
See Below
Mass Media Campaign
1
1
$25K to $40K/year
$105K
Pet Waste Program
1
✓
✓
$10K to $16K
1740'
$6to$10a'
$15K
Commerical Fertilzer Program
✓
$10K to $20K/year
$60K
Storm Water Utility Feasibilty Study
1
1
550K to $75K
$60K
Regulatory Framework
Septic System Ordinance Revisions
1
1
1270
Riparian Buffer Ordinance
✓
1
Soil Erosion and Sediment Control Revisions
1
✓
1
1
Soil Erosion and Sediment Control Manual/Chapter
1
$10K to $20K
$15K
Low Impact Development Ordinance
1
✓
✓
✓
N/A
Total
$800K
Notes:
1/ L=Low; M=Medium; H=High
2/ Cost to City assuming grants are obtained; Includes capital and operating costs; Cost would be lower if a fees are collected; Cost reflect a three year project
3/ This reduction estimate is a reduction in the amount of phosphorus that has the potential to enter into stormwater runoff, not the amount actually delivered to the City's storm drains and streams
4/ Includes capital and operating costs. Cost would be lower if a fees are collected; Cost reflect a three year project
5/ Includes capital and operating costs; Cost reflect a three year project
6/ This value is based on a twenty-year life expectancy for the project
7/ Value is based on a three year project; equipment will be usable beyond this time frame, so this value is the maximum cost per pound.
8/ Value is based on fifty-year life expectancy.
09-CWR8243-5.6-Nutrient Reduction Plan.doc
04.09.2009 5-8
04.09.2009
ORDINANCE NO. 5302
AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL
COMPETITIVE BIDDING AND APPROVING A CONTRACT BETWEEN THE
CITY OF FAYETTEVILLE, ARKANSAS AND THE WATERSHED
CONSERVATION RESOURCE CENTER (WCRC) IN THE AMOUNT OF
$248,000.00 FOR A STREAM RESTORATION PROJECT FOR A SECTION OF
THE WEST FORK OF THE WHITE RIVER ADJACENT TO THE
FAYETTEVILLE EXECUTIVE AIRPORT
WHEREAS, on July 7, 2009, the Fayetteville City Council approved Resolution 148-09
authorizing the application for an EPA 319 grant through the Arkansas Natural Resources
Commission in a proposed partnership agreement with the Watershed Conservation Resource Center
(WCRC); and
WHEREAS, WCRC has been awarded and has accepted the grant for plan development of a
stream restoration project for a section of the West Fork of the White River adjacent to the
Fayetteville Executive Airport; and
WHEREAS, the proposed agreement with WCRC calls for the City to provide matching
funds to WCRC in the amount of $248,000.00 for use in completing the project, with WCRC
carrying out all activities necessary for the project, including design, construction, construction
administration, and project management; and
WHEREAS, the project is recommended by the Nutrient Reduction Plan completed by the
City based on a 2006 agreement between the City and Beaver Water District, and it has been
evaluated by a Stakeholder Review Group consisting of representatives from a wide range of groups
including the City, Beaver Water District, the University of Arkansas, Washington County,
environmental groups and citizens; and
WHEREAS, given the nature of the project and the proposed division of responsibilities,
competitive bidding for the project would not be feasible or practical.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FAYETTEVILLE, ARKANSAS:
Page 2
Ordinance No. 5302
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby waives the
requirements of formal competitive bidding and approves a contract between the City of Fayetteville,
Arkansas and the Watershed Conservation Resource Center (WCRC) in the amount of $248,000.00
for a stream restoration project for a section of the West Fork of the White River adjacent to the
Fayetteville Executive Airport. A copy of said contract marked Exhibit "A" is attached hereto and
made a part hereof.
PASSED and APPROVED this 5th day of January, 2010.
APPROVED:
ATTEST:
)c . ' t
By: SOND 2A E. SMITH, City Cle` (reaskyrer
�%•FtK/TR� .,,.
`..-\*G\IYo;SGS
r.6s .• -,3-:
: FAYETTEVILLE:
•
.,zp.9RKAvSQ`;S=`
MEMORANDUM OF UNDERSTANDING
Between
Watershed Conservation Resource Center
And
City of Fayetteville
This Memorandum of Understanding (MOU) is entered into and executed on the date indicated
below the signature block, by and between the Watershed Conservation Resource Center
hereinafter referred to as WCRC and the City of Fayetteville (CITY of FAYETTEVILLE).
A. PURPOSE
The purpose of this MOU is to establish a general framework for cooperation between the
WCRC and the CITY OF FAYETTEVILLE to conduct the project entitled, "West Fork Stream
Restoration at the Fayetteville Airport." The project will be completed in two phases: Phase I
Reach Restoration Plan Development and Phase II Reach Restoration Design Implementation."
The WCRC and the CITY OF FAYETTEVILLE have applied together and have received an
EPA 319 grant through the Arkansas Natural Resource Commission to conduct Phase I Reach
Restoration Plan Development. The WCRC, the award recipient, and the CITY OF
FAYETTEVILLE will work to achieve the common goal of restoring an unstable section of
West Fork White River (WFWR) to a morphologically stable form utilizing a natural channel
design approach. The WFWR flows through a portion of the City of Fayetteville's Municipal
Airport's property. The WFWR is a tributary located in the Beaver Lake watershed, the major
drinking water source for Northwest Arkansas. During Phase I of this project, a restoration plan
will be developed for approximately 2,800 to 3,000 linear feet of river on the WFWR. Upon
completion of the reach restoration plan, a Phase II workplan will be developed and additional
funding will be applied for through 319 for implementation. Innovative approaches will be used
in designing and implementing the river restoration that will 1) result in improved water quality
of the WFWR and Beaver Lake and 2) address severe streambank erosion, while restoring
aquatic and terrestrial habitat and maintaining a sustainable, natural hydrology. Such
cooperation will serve the parties' mutual interest. For Phase I, the project description, schedule
of activities, budget, and roles and responsibilities of the WCRC and the CITY OF
FAYETTEVILLE can be found in the attached workplan. The Phase II workplan will be
developed once the river restoration design has been completed.
B. STATEMENT OF MUTUAL INTERESTS AND BENEFITS
Within the WFWR watershed, an Arkansas Depaitwent of Environmental Quality assessment
estimated that accelerated streambank erosion contributed 66% of an average sediment load of
35,795 tons/yr for the system (Formica, et, al, 2004). In Arkansas, accelerated streambank
erosion is typically addressed through streambank stabilization. The success of bank
stabilization varies, and depending on the degree of instability, bank stabilization may only be a
short term solution. In many cases where channel instability has been triggered, regardless of
cause, the entire area of instability needs to be addressed. An unstable reach can have several
eroding streambanks, be aggrading or degrading, and/or have a pattern or profile problem.
1
Restoration utilizing natural channel design techniques is an innovative approach which can
address all of these problems.
The WCRC strives to protect, conserve, and restore natural resources by utilizing the watershed
approach, environmental outreach, and providing planning and technical assistance to
landowners, communities, and government. Implementing a natural channel design
demonstration project at the Fayetteville Municipal Airport helps the CITY OF
FAYETTEVILLE to meet multiple local and regional objectives relating to river channel
instability, water quality, and ecological services. This project is of benefit to the CITY OF
FAYETTEVILLE because it is a component the City's Nutrient Reduction Plan and will lead to
both aquatic and terrestrial habitat restoration, improved water quality in the form of both
phosphorus and sediment reductions, reduced streambank erosion, and improve aesthetics of the
WFWR. This effort will also help to promote the use of alternatives to traditional channel
modifications in both urbanizing and rural areas.
The Watershed Conservation Resource Center (WCRC), in partnership with the City of
Fayetteville, will implement a natural channel design restoration at the second priority site on the
WFWR in need of channel restoration (see attached workplan). The attached workplan describes
Phase I, in which a reach restoration plan will be developed for approximately 2,800 to 3,000
linear feet of river on the West Fork White River that runs through a portion of the City of
Fayetteville's Municipal Airport property (Airport Site). The reach restoration plan will be
implemented through the Phase II workplan. The property owners adjacent to the site have also
expressed their concerns regarding the river instability and would like for this section of the
WFWR to be restored.
At the project site there are vertical cut -banks eroding city and privately owned property. These
banks contribute sediment and nutrients to the river. Restoring the Airport Site will result in
approximately 1,144 tons of sediment per year reduction and approximately 476 pounds of
phosphorus per year reduction for an average flow year. The WCRC will use a natural channel
design approach which is an innovative technique to design and construct a river restoration that
will reduce instability, reduce sediment and nutrient loads, and enhance the aquatic habitat. The
design will include constructing floodplains, rock structures that deflect flow away from banks,
and defined riffles and pools.
The project site lies in the Boston Mountain Ecoregion. A re -vegetation plan will be developed
that encourages the growth of native species and plant selection will be based on
recommendations from local plant and ecosystem experts. The river corridor will be re -
vegetated with native grasses, shrubs, and trees to enhance the native vegetation, reduce soil
erosion, and to improve the removal of pollutants from stormwater runoff.
The reach restoration of the Airport Site will help to meet multiple local and regional objectives
relating to river channel instability, water quality, and habitat. The benefits of the project include
the following:
1) The second priority reach in need of restoration for the WFWR will be restored;
2) Sediment and phosphorus loadings to the WFWR from accelerated streambank erosion will
be reduced by over 80%, improving the water quality of the WFWR and Beaver Lake;
3) The restoration will address river instability along with landowner and local objectives;
4) The restoration will restore degraded and protect existing high quality riparian areas;
2
5) Both aquatic and terrestrial habitat will be enhanced throughout the site.
6) The river restoration will result in improved riffle -pool bed features, which will help to
increase water retention and aeration resulting in better assimilation of nutrients.
7) The channel will be restored to a natural hydrology and channel enlargement will be reduced
resulting in enhanced aquatic and terrestrial habitat.
8) The aesthetics of the river will be improved.
9) The site will provide education opportunities for alternative design methods to address
accelerated streambank erosion with a focus on ecological restoration, enhancement, and
sustainability.
In consideration of the above premises, the parties agree as follows:
C. THE WCRC:
1. Shall administer the grant and oversee the budget and the procurement of construction
materials and services.
2. Shall provide project management and engineering.
3. Shall coordinate and carry -out activities associated with the project as outlined in Tasks
1 — 7 of the attached workplan and insure that project milestones are met according to
the workplan schedule.
4. Shall provide a method for the CITY OF FAYETTEVILLE to document their activities
and show matching funds.
D. THE CITY OF FAYETTEVILLE:
1. Shall coordinate all activities within the City of Fayetteville Divisions and Departments
and between the CITY OF FAYETTEVILLE and the WCRC.
2. Shall assist with project activities and tasks as outlined in the attached workplan.
3. As part of the City's Nutrient Reduction Plan, they will be responsible for providing
matching funds, a total sum of $248,000, for Phase I and Phase II. A minimum of
$86,182 will be provided to WCRC for Phase I (as outlined in the budget section of the
attached work plan) and $161,188 for Phase II (to be released pending award of the Phase
II grant).
4. Shall provide review and input into the final restoration design.
5. Shall oversee activities and coordinate staff needed for implementation of the restoration
design.
6. Shall provide documentation of all project activities and associated matching funds.
7. Recognizes that their participation is an integral component in carrying out a successful
project that will result in improved water quality and habitat restoration. Non-
performance of any of the CITY OF FAYETTEVILLE's activities would be detrimental
to the success of this project. This agreement indicates the CITY OF FAYETTEVILLE's
good faith intent to fulfill their agreed upon roles as outlined in the attached workplan to
the successful completion of the project."
E. IT IS MUTUALLY AGREED AND UNDERSTOOD BY ALL PARTIES THAT:
1. FREEDOM OF INFORMATION ACT (FOIA). CITY OF FAYETTEVILLE contract and
documents prepared while performing city contractual work are subject to the Arkansas Freedom
of Information Act. If a Freedom of Information Act request is presented to the CITY OF
FAYETTEVILLE, the WCRC will do everything possible to provide the documents in a prompt
3
and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-
101 et. seq.) Only legally authorized photocopying costs pursuant to the FOIA may be assessed
for this compliance. Any information furnished to the WCRC under this instrument is subject to
the Freedom of Information Act (5 U.S.C. 552).
2. MODIFICATION. Modifications within the scope of the instrument shall be made by mutual
consent of the parties. Changes, modifications, or amendments in scope, price or fees to this
agreement shall not be allowed without a prior formal contract amendment approved by the
Mayor and the City Council in advance of the change in scope, cost or fees.
3. PARTICIPATION IN SIMILAR ACTIVITIES. This instrument in no way restricts the
WCRC or the CITY OF FAYETTEVILLE from participating in similar activities with other
public or private agencies, organizations, and individuals.
4. COMMENCEMENT/EXPIRATION DATE. The instrument is executed as of the date of the
last signature and is effective for the life of the project.
5. PRINCIPAL CONTACT. The principal contacts for this instrument are:
Sandi Formica, Executive Director
Watershed Conservation Resource Center
380 West Rock Street
Fayetteville, AR 72701
Office Phone: 479-444-1916
Cell Phone: 501-352-5252
Office Fax: 928-396-2546
E-mail: wcrc@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.fayetteville.ar.us
Sarah Wrede, E.I., Flood Plain Coordinator
City of Fayetteville
Phone: 479-575-8206
E-mail: swrede@ci.fayetteville.ar.us