HomeMy WebLinkAbout208-11 RESOLUTIONRESOLUTION NO. 208-11
A RESOLUTION TO APPROVE TASK ORDER NO. 3, MULLINS BRANCH
STREAM RESTORATION TO THE AUGUST 3, 2010 MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY AND THE WATERSHED
CONSERVATION RESOURCE CENTER AND TO APPROVE A
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY,
UNIVERSITY AND RESOURCE CENTER FOR THE PROJECT WHICH
WILL COST THE CITY $25,000.00
WHEREAS, on August 3, 2010, the City Council waived the requirement of formal
competitive bidding and agreed to a Memorandum of Understanding with the Watershed
Conservation Resources Center to establish a general framework to seek funding and conduct
stream restoration projects; and
WHEREAS, funding in the amount of $240,000.00 from the Arkansas Natural
Resources Commission has been obtained to restore Mullins Branch if matched by the
University ($200,000.00 worth of in-kind services) and the City ($25,000.00).
NOW, THEREFORE 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
the attached Task Order No. 3, Mullins Branch Stream Restoration Project, and the attached
Memorandum of Understanding between the Watershed Conservation Resources Center, the
University of Arkansas and the City of Fayetteville and approves the payment of not to exceed
$25,000.00 to accomplish this stream restoration project.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes
Mayor Jordan to sign the above referenced documents.
PASSED and APPROVED this 6th day of December, 2011.
APPROVED:
B
ATTEST:
By. `&
EL 1 O' R AN, Mayor LISA BRANSON, Deputy City Clerk ae�r°r'
S\104. ,�Fto�®o
v
=Ak 0 01YSOF'ac/,p%
® m
: FAYETTEVILLE:
�m ®� ii
\-3:0'4/%1,o ®Kq r1s ®aJ®`ems®
°'i,®�G a01�1peC,C5
Sarah Wrede
Submitted By
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
12/6/2011
City Council Meeting Date
Agenda Items Only
Engineering
Division
Action Required:
Development Services
Department
A resolution approving Task Order No. 3 to the Memorandum of Understanding between Watershed Conservation
Resource Center and City of Fayetteville; and approving a Memorandum of Understanding Between Watershed
Conservation Resource Center, University of Arkansas, and City of Fayetteville in an amount of $25,000 for a
stream restoration project on a section of Mullins Branch on the University of Arkansas Campus.
$
25,000.00
Cost of this request
$
607, 714.00
4470.9470.5817.00 $
Account Number
02097
Project Number
Budgeted Item
X
Category / Project Budget
Stormwater Quality Mgmt/Nutrient Reduct
Program Category / Project Name
559,643.46 Bridge & Drainage Improvements
Funds Used to Date Program / Project Category Name
48,070.54 Sales Tax Capital Improvement
Remaining Balance Fund Name
Budget Adjustment Attached
Departm
`—‘ent �J�i�idtGector Nta01t
Date
Previous Ordinance or Resolution #
pieed s A- �� J �-,G� �(
Original Contract Date:
jA,
Pa,,- ;yL 14144.4- —-Lat t Original Contract Number:
City Attorney
inance and Internal Services Director
/(0/14 1//,41.„
Date
Da e
hief of Staff ate
Mayor
Date
Received in City
Clerk's Office
1 1-18-1 1 A09:55 IN
eikirct
Comments:
Revised January 15, 2009
le
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENT CORRESPONDENCE
ARKANSAS -.
www.a ccessfayettevi l l e.o rg
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
Chris Brown, City Engineer
From: Sarah Wrede, Staff Engineer
Date: November 18, 2011
Subject: A resolution approving Task Order No. 3 to the Memorandum of Understanding between Watershed
Conservation Resource Center and City of Fayetteville; and approving a Memorandum of Understanding Between
Watershed Conservation Resource Center, University of Arkansas, and City of Fayetteville in an amount of
$25,000 for a stream restoration project on a section of Mullins Branch on the University of Arkansas Campus.
PROPOSAL:
The Watershed Conservation Resource Center (WCRC), in cooperation with the University of Arkansas and City of
Fayetteville, proposes to implement a natural channel design demonstration project on a section of Mullins Branch located
on the campus of the University of Arkansas.
Mullins Branch was identified for restoration as part of a nutrient reduction plan developed by Geosyntec Consultants for
the City of Fayetteville. The plan, which was developed with stakeholder input, identified several priorities to be pursued
that would reduce phosphorus loads to streams within the Beaver Lake watershed. In addition to sediment and nutrient
load reduction potential, the Mullins Branch site was considered an excellent location to demonstrate green infrastructure
techniques due to the high visibility of the site. It is conservatively estimated that over 100,000 individuals pass through
the project site annually.
The Watershed Conservation Resource Center (WCRC) received an EPA 319 grant through the Arkansas Natural
Resources Commission (ANRC), in the amount of $240,000. The University of Arkansas will contribute $200,000. With
$25,000 in funding from the City the project will be funded at $465,000. Construction of the stream restoration is
scheduled for February or March of 2012.
RECOMMENDATION: Staff recommends approval of Task Order No. 3 and a Memorandum of Understanding
between Watershed Conservation Resource Center, University of Arkansas, and City of Fayetteville.
BUDGET IMPACT: Currently, there is $48,070.54 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.
ATTACHMENTS: Staff Review Form, Task Order No. 3, MOU between WCRC, UA, and City of Fayetteville,
Ord. No 5341, Signed MOU between WCRC and City of Fayetteville
RESOLUTION NO.
A RESOLUTION TO APPROVE TASK ORDER NO. 3, MULLINS BRANCH
STREAM RESTORATION TO THE AUGUST 3, 2010 MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY AND THE WATERSHED
CONSERVATION RESOURCE CENTER AND TO APPROVE A
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY,
UNIVERSITY AND RESOURCE CENTER FOR THE PROJECT WHICH
WILL COST THE CITY $25,000.00
WHEREAS, on August 3, 2010, the City Council waived the requirement of formal
competitive bidding and agreed to a Memorandum of Understanding with the Watershed
Conservation Resources Center to establish a general framework to seek funding and conduct
stream restoration projects; and
WHEREAS, funding in the amount of $240,000.00 from the Arkansas Natural
Resources Commission has been obtained to restore Mullins Branch if matched by the
University ($200,000.00 worth of in-kind services) and the City ($25,000.00).
NOW, THEREFORE 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
the attached Task Order No. 3, Mullins Branch Stream Restoration Project, and the attached
Memorandum of Understanding between the Watershed Conservation Resources Center, the
University of Arkansas and the City of Fayetteville and approves the payment of not to exceed
$25,000.00 to accomplish this stream restoration project.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes
Mayor Jordan to sign the above referenced documents.
PASSED and APPROVED this 6th day of December, 2011.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
THE CITY OF FAYETTEVILLE, ARKANSAS
TASK ORDER NO. 3
MULLINS BRANCH STREAM RESTORATION PROJECT
This Task Order is written pursuant to the Memorandum of Understanding (MOU) as described in Ordinance
No. 5341 executed on August 3, 2010. The referenced MOU pertains to potential stream restoration projects
and associated services with the Watershed Conservation Resource Center. This Task Order entered into and
executed on the date indicated below the signature block, by and between the City of Fayetteville and
Watershed Conservation Resource Center (WCRC) sets forth the project description, project schedule and
associated fees for these services related to the Mullins Branch Stream Restoration Project located on the
University of Arkansas campus.
Section I — Project Description
This project consists of stream restoration and aquatic habitat enhancement activities including grant
administration, pre- and post -monitoring of the affected stream section, design, construction, and community
outreach.
Section II — Project Timeframe
The Arkansas Natural Resources Commission has issued the following grant schedule to WCRC for the
completion of the project and expenditure of funds.
Task Timeframe
A. ANRC Grant Period October 2010 — March 2012
Section III — Scope of Services
The WCRC will conduct restoration implementation activities including purchase of materials and other
construction expenses for implementation of restoration design. Materials purchased with these funds include
rock, plants, seed, and erosion control. Other expenses include irrigation supplies, small equipment rental, fuel,
and other items needed to accomplish minor construction and re -vegetation at the site.
Section IV — Fees and Payments
WCRC will utilize $25,000 as matching funds from the City of Fayetteville, $200,000 in matching funds from
the University of Arkansas, and $240,000 in grant funds from the Arkansas Natural Resources Commission.
Section V — Memorandum of Understanding in Effect:
Except as amended specifically herein, the Memorandum of Understanding as executed with the City of
Fayetteville shall remain in full force as originally approved.
THE CITY OF FAYETTEVILLE, ARKANSAS
IN WITNESS WHEREOF, the parties hereto have caused this TASK ORDER to be duly executed as of the
date and year first herein written.
FOR THE CITY OF FAYETTEVILLE
Attest:
FOR WATERSHED CONSERVATION RESOURCE CENTER
Date: ( Ou 1 -7I ?ol/
Attest:
aa,�BViY IIrrlP
‘,1/4°,
:FAYETTEVILLE
1.—e.,9syRKANSPo=e:
`1'1/4 a 'A oaa`ae
MEMORANDUM OF UNDERSTANDING
Between
Watershed Conservation Resource Center
and
University of Arkansas
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, an Arkansas nonprofit corporation located at 380 N. Rock
Street, Fayetteville, Arkansas, 72701, and the following project participants, Board of Trustees
of the University of Arkansas, acting for and on behalf of the University of Arkansas,
Fayetteville, hereinafter referred to as U OF A and the City of Fayetteville hereinafter referred to
as CITY OF FAYETTEVILLE.
A. PURPOSE
The purpose of this MOU is to establish a general framework for cooperation between the
WCRC, U OF A, and the CITY OF FAYETTEVILLE to work together to conduct the 319
project entitled, "Mullins Branch Stream Restoration Project." The WCRC, the 319 award
recipient, in partnership with the U OF A and CITY OF FAYETTEVILLE, will work to achieve
the common goal of restoring an unstable section of Mullins Branch to a morphologically stable
form utilizing a natural channel design approach. The stream flows through the U OF A campus
and the restoration project will help to reduce sediment and nutrient loads that ultimately are
received by the West Fork White River (WFWR) and Beaver Lake. The project location is
highly visible and will provide educational opportunities. Using innovative techniques, the
completed restoration will address accelerated streambank erosion, while improving water
quality and enhancing aquatic and terrestrial habitat and maintaining a sustainable, natural
hydrology. Such cooperation will serve the parties' mutual interest. The project description,
schedule of activities, budget, and roles and responsibilities of the WCRC, U OF A, and the
CITY OF FAYETTEVILLE can be found in the attached work plan.
B. STATEMENT OF MUTUAL INTERESTS AND BENEFITS
Mullins Branch, located on the campus of the University of Arkansas in Fayetteville, AR was
identified for restoration as part of a nutrient reduction plan developed by Geosyntec Consultants
for the City of Fayetteville. The plan, which was developed with stakeholder input, identified
several priorities to be pursued that would reduce phosphorus loads to streams within the Beaver
Lake watershed. In addition to sediment and nutrient load reduction potential, the site was
considered an excellent location to demonstrate green infrastructure techniques due to the high
visibility of the site. It is conservatively estimated that over 100,000 individuals pass through the
project site annually.
1
Mullins Branch is an urban stream and its watershed area ranges from 0.5mi2 at the upper end of
the project area to 1 mi2at the lower end and drains part of the University Campus and the City of
Fayetteville. This urban stream restoration project will use innovative approaches to address
streambank erosion, while restoring the aquatic and terrestrial habitat and maintaining a
sustainable, natural hydrology. Increased numbers of roads, parking lots, rooftops, and other
impervious surfaces over the past 50 years have contributed to changes in watershed hydrology.
These impervious areas have resulted in additional runoff during rainfall events, which has
intensified the magnitude and increased the frequency of high flow events in the stream. Also,
sediment production from upland erosion processes has decreased due to increased impervious
surfaces. Both of these conditions have resulted in urban stream instability and Mullins Branch
is showing the effects of these watershed changes through channel enlargement along with
accelerated streambank erosion at the proposed project site. Cross-sectional area of stream
systems have been documented to enlarge 4 to 12 times as a result of watershed land cover
changes (Harvey and Watson 1986).
As an environmentally innovative project, approaches to manage water resources in a more
sustainable way will be demonstrated. Traditional approaches to addressing channel
enlargement in urbanizing areas often include treatments such as, channelization and lining with
concrete, use of rip -rap, and enclosure of the tributary stream into a culvert system. These
treatments may address a singular concern, such as, reducing the amount of sediment produced at
the site level, but they are expensive, do not improve aesthetics, decrease biodiversity, are not
sustainable, and generally move the imbalance between stream flow and sediment transport to
downstream property owners. For this project, a natural channel design will be implemented,
which is a progressive approach that will resolve the effects associated with channel
enlargement, while improving water quality and achieving many other socially and ecologically
beneficial objectives as previously described.
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 on a section of stream on the U OF A campus and within the Fayetteville
city limits helps the U OF A to meet their goals of implementing sustainable projects and
providing hands-on education opportunities in the areas of sustainability, water quality, and
watershed management. The project helps the CITY OF FAYETTEVILLE to meet multiple
local and regional objectives relating to stream channel instability, water quality, and ecological
services. This project is of benefit to both the U OF A and CITY OF FAYETTEVILLE because
the effort will demonstrate sustainable methods to improving urban streams that lead to both
aquatic and terrestrial habitat restoration, improved water quality, reduced streambank erosion,
and improve aesthetics of the stream within the city limits of Fayetteville. This effort will also
help to promote the use of sustainable alternatives to traditional channel modifications in
urbanizing areas.
The project will help to demonstrate a stream restoration that will enhance the local ecosystem
within an urban environment. Benefits of the project include:
• The restoration design will help to dissipate energy from storm water runoff, thereby,
reducing streambank erosion. The water quality of Mullins Branch will be improved by
2
reducing sediment and nutrient annual loads from the project site by over 80%, thus reducing
sediment and nutrient loads within the West Fork White River and Beaver Lake watersheds.
• The buffer improvements along the stream will enhance the infiltration of rain water, help to
remove pollutants, and reduce storm water runoff.
• The stream restoration will result in improved riffle -pool bed features, which will help to
increase water retention and aeration resulting in better assimilation of nutrients.
• The channel will be restored to a natural hydrology and channel enlargement will be reduced
resulting in enhanced aquatic and terrestrial habitat.
• The aesthetics of the area will be improved.
• The site will provide education opportunities for alternative design methods to address urban
stream erosion with a focus on ecological restoration, enhancement, and sustainability.
• The project will promote concepts of Green Infrastructure such as stream restoration using
natural channel design techniques through interpretive signage and conducting field tours.
In consideration of the above premises, the parties agree as follows:
C. THE WCRC:
1. Shall provide project coordination among participants, management and engineering.
2. Shall coordinate and carry -out activities, including obtaining any necessary federal and
state approvals, associated with the project as outlined in the attached work plan as
Tasks 1-7. This includes developing construction drawings and associated bid
documents to procure an experienced construction contractor to construct the stream
restoration. The WCRC will follow applicable state and federal procurement procedures
and will select the contractor. The WCRC will provide construction oversight and pay
the contractor through the 319 grant as shown in the attached workplan. These
construction costs do not include needed infrastructure activities associated with the
project area.
3. Shall provide a method for the U OF A and CITY OF FAYETTEVILLE to document
their activities and show matching funds.
4. Shall procure and maintain, during the life of this agreement, the following insurance
and shall furnish the University with certificates evidencing such insurance to be in
effect:
• Workers Compensation as required by the State of Arkansas.
• Comprehensive General Liability with no less than $1,000,000 each occurrence
for bodily injury, contractual liability, and property damage liability.
• Comprehensive Automobile Liability with no less than $1,000,000 combined
single limit.
5. The 319 grant awarded to the WCRC provides $240,000 as shown in the attached
workplan.
D. THE U OF A SHALL:
1. Coordinate all activities within the U OF A Divisions and Departments and between the
U OF A , CITY OF FAYETTEVILLE and WCRC
2. Provide assistance to the WCRC in locating all utility lines, potential construction
materials, and any other items related to the U OF A property and the construction of the
stream restoration.
3. Be responsible for providing in-kind matching funds of $200,000 as described in the
project budget (appendix 4, page 18) of the attached work plan, and may, in its sole
3
discretion, agree to provide additional in-kind matching funds based on the final design
approved by the U OF A.
4. Shall provide review and input into the final restoration design, and shall have final
approval over the restoration design.
5. Provide documentation of all project activities and associated matching funds.
6. Recognize that their participation is an integral component in carrying out a successful
project that will result in improved water quality and habitat restoration. This agreement
indicates the U OF A's good faith intent to fulfill their agreed upon roles as outlined in
the attached work plan to the successful completion of the project.
E. THE CITY OF FAYETTEVILLE:
1 Shall coordinate all activities within the City of Fayetteville Divisions and Departments
and between the CITY OF FAYETTEVILLE, U OF A, and WCRC.
2. Shall contribute to the grant recipient, the WCRC, a sum not to exceed $25,000 as cash
matching funds outlined in the budget section of the attached work plan (appendix 3,
page 17).
3. Shall provide review and input into the final restoration design.
4. Shall provide documentation of all project activities and associated matching funds.
5. Recognizes that their participation is an integral component in carrying out a successful
project that will result in improved water quality and habitat restoration. 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). This MOU and related contractual
documents are subject to the Arkansas Freedom of Information Act. If a Freedom of Information
Act request is presented to U OF A or 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, price or fees to this
agreement shall not be allowed without a prior formal contract amendment approved by an
authorized representative with signature authority on behalf of the U OF A and the Mayor and/or
the City Council in advance of the change in scope, cost or fees.
3. PARTICIPATION IN SIMILAR ACTIVITIES. This instrument in no way restricts the
WCRC or the CITY OF FAYETTEVILLE from participating in similar activities with other
public or private agencies, organizations, and individuals.
4. COMMENCEMENT/EXPIRATION DATE. The instrument is executed as of the date of the
last signature and is effective for the life of the project.
5. PRINCIPAL CONTACT. The principal contacts for this instrument are:
4
Sandi Formica, Executive Director
Watershed Conservation Resource Center
380 West Rock Street
Fayetteville, AR 72701
Office Phone: 479-444-1916
Cell Phone: 501-352-5252
Office Fax: 928-396-2546
E-mail: formica@watershedconservation.org
John Coleman, P.E., Sustainability Director
City of Fayetteville
113 W. Mountain
Fayetteville, AR 72701
Phone: 479-575-8272
Fax: 479-575-8202
E-mail: jcoleman(4ci.fayetteville.ar.us
Sarah Wrede, P.E., Staff Engineer
City of Fayetteville
Phone: 479-575-8206
E-mail: swredea,ci.fayettevii e.ar.us
Kyle Cook, Construction Coordinator
University of Arkansas
Phone: 479-575-8472
E-mail: kbcook@uark.edu
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.
7. INDEPENDENT PARTIES. The relationship of the parties to this MOU is that of
independent contractors, and nothing in this MOU should be construed to create any agency,
joint venture, or partnership relationship among the parties.
8. ARKANSAS LAW. This MOU shall be construed and enforced in accordance with the
laws of the State of Arkansas.
9. COUNTERPARTS. This MOU may be executed concurrently in one or more counterparts,
each of which shall be an original, but all of which together shall constitute one and the same
instrument, notwithstanding that all the parties are not signatory to the original or same counterpart.
5
1 � /30/ 11
Sandi J. Formica, xecutive Director Date
Watershed Conservation Resource Center
`I> . a 63:9,oefrren
Donald 0. Pederson,
Vice Chancellor for Finance and Administration
University of Arkansas
L'oneld
City of
J
, Mayor
etteville
11 )
)I
Date
.;,,,y9///
Date
6
City Of Fayetteville - Purchase Order (PO) "Reque
(Not a Purchase Order)
All purchases under $2500 shall be used on a P -Card unless medical or 1099 service"relafed, (CO"x256 with
All PO Request shall be "scanned to the Purchasing "e-mail;"Purchasinall g@ci.fayettevillear.us
Requisition No.:
P.O Number:
Date:
11/29/2011
Expected Delivery Date:
Vendor#:
16441
Vendor"Name:
Watershed Conservation Resource Center
Mail
Yes:_
No:
Address:
Fob Point:
Taxable
Yes:
No:
Quotes Attached
Yes:
No:
City:
State:
Zip Code:
Ship to code:
Pur
Divison Head Apptaji
Requester:
Tandi Tayor
Requester's Employee #:
3062'
Extension:
206
Item
2
3
4
5
6
7
8
9
10
Description
Quantity
Unit of Issue
Unit Cost
Extended Cost
Cost share with the
Watershed Conservation
1
$25,000.00
Account Numbers
4470.9470.5817.00
Project/Subproject #
Inventory #
Fixed Asset #
Stream restoration project for
a section on Mullins
$0.00
Branch on the University
Campus
$0.00
$0.00
$0.00
REC
wyti
$0.00
EIVED
3 u 2011
$0.00
PUR
CHASING
$0.00
$0.00
$0.00
Shipping/Handling
Lot
$0.00
Special Instructions:
Approvals:
Mayor:
Finance & Internal Services Director:
Dispatch Manager:
Department Director:
Budget Manager:
Utilities Manager:
Subtotal:
Tax:
Total:
$25,000.00
$25,000.00
Purchasing Manager:
IT Manager:
Other:
Revised 1/2/2008
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
nonpoint source. related issues.
PASSED and APPROVED this 3"' day of August, 2010.
APPROVED:
ATTEST:
By:
SONDRA E. SMITH, City Clerk/Treasurer
o n (1"\
o F'AYETTEVILLE:
;ry7°.-91,1)KANS :c .
dyym...*(-,0\:.`.s`
:5'617 , GTON,,��.
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
FAYETIEVILLE formed partnerships for two current stream restoration projects which are also
grant funded. The projects are summarized as follows:
1
Project
Grant Source
Status
Grant
Funding
City of
Fayetteville
Funding
Total
Project
Cost
Restoration of a Tributary to
Mud Creek
U.S. EPA 319 Grant
through ANRC
complete
$ 121,000
$ 141,200
$ 262,200
Stream Restoration
Demonstration at Niokaska
Creek in Sweetbriar Park
Environmental
Protection Agency
Region 6
current
$ 234,000
$ 78,000
$ 317,000
Stream Restoration of the
West Fork of the White River
(WFWR) adjacent to the
Fayetteville Executive Airport
U.S. EPA 319 Grant
through ANRC
current
$ 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 FAYETTEVILLE decides to
shorten the duration of work from the time period specified in the Agreement for completion of
work and such modification warrants such adjustment.
In consideration of the above premises, the parties agree as follows:
D. THE WCRC:
1. Shall seek funding opportunities for stream restoration projects and other projects
related to reduction of non -point source pollution.
2. Upon approval of specific Task Orders by the Mayor or City Council, as required by the
City's procurement requirements, shall provide the services detailed in each Task Order.
Said tasks may include:
a. Identification of stream reaches that could benefit from stream restoration
and prioritize, in streams within the City limits.
b. Estimation of phosphorous reduction that would be realized for each priority
stream restoration project.
c. Assistance in developing grant applications for identified stream restorations
and other non -point source pollution assessment projects.
d, Assistance to the CITY OF FAYETTEVILLE in addressing other NPS
related issues.
3. Shall accomplish other specific tasks as detailed in each Task Order
E. THE CITY OF FAYETTEVILLE:
1. Shall coordinate all activities within the City of Fayetteville Divisions and Departments
and between the CITY OF FAYETTEVILLE and the WCRC.
2. Shall assist with project activities and tasks.
3. Shall provide review and input into the final restoration designs.
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. IT IS MUTUALLY AGREED AND UNDERSTOOD BY ALL PARTIES THAT:
1. FREEDOM OF INFORMATION ACT (FOIAJ. CITY OF FAYETTEVILLE contract and
documents prepared while performing city contractual work are subject to the Arkansas Freedom
of Information Act. If a Freedom of Information Act request is presented to the CITY OF
FAYETTEVILLE, the WCRC will do everything possible to provide the documents in a prompt
and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-
101 et. seq.) Only legally authorized photocopying costs pursuant to the FOIA may be assessed
for this compliance. Any information furnished to the WCRC under this instrument is subject to
the Freedom of Information Act (5 U.S.C. 552).
2. MODIFICATION. Modifications within the scope of the instrument shall be made by mutual
consent of the parties. Changes, modifications, or amendments in scope (other than as
specifically established in this MOU), price or fees to this agreement shall not be allowed
without a prior formal contract amendment approved by the Mayor and/or the City Council in
advance of the change in scope, cost or fees.
3. PARTICIPATION IN SIMILAR ACTIVITIES. This instrument in no way restricts the
WCRC or the CITY OF FAYETTEVILLE from participating in similar activities with other
public or private agencies, organizations, and individuals.
4. COMMENCEMENT/EXPIRATION DATE. The instrument is executed as of the date of the
last signature and is effective for three years.
5. PRINCIPAL CONTACT. The principal contacts for this instrument are:
Sandi Formica, Executive Director
Watershed Conservation Resource Center
380 West Rock Street
Fayetteville, AR 72701
Office Phone: 479-444-1916
Cell Phone: 501-352-5252
Office Fax: 928-396-2546
E-mail: wcrc@watershedconservation.org
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: cbrownaci.fayetteville.ar.us
Sarah Wrede, E.I., Staff Engineer
City of Fayetteville
Phone: 479-575-8206
E-mail: swrede@ci.fayetteville.ar.us
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.
at,c0.A.
Sandi .1. Forma. a, Executive Director
Watershed Conservation Resource Center
ion- d Jordan,
City of Fayettevi.
040 •'--`10
16
t,-(74 s I /0, 20/o
Date
f/iat e)
Sondra E. Smith, City Clerk/Treasurer Date
City of. Fayetteville ,jtlliHi ito
Y l
• •
E :FAYEiTEVILLEa K
,. s o
5
q'LL ctS •.
�dr`�s� • •fl�A S p' O�
rd'✓o 1NG i 6; C5)‘`•`o
liJil
4
MEMORANDUM OF UNDERSTANDING
Between
Watershed Conservation Resource Center
And
University of Arkansas
And
City of Fayettevill
This Memorandum of Understanding (NIOU) is entered4nto and executed on the date indicated
ed Conservation Resource Center
of ect partners, the University of Arkansas
etteville hereinafter referred to as CITY OF
below the signature block, by and between the Waters
hereinafter referred to as WCRC, and the fallowing p
hereinafter referred to as U OF A and the Cit`yof Fa
FAYETTEVILLE.
A. PURPOSE
The purpose of this MOU is to establish a gene
WCRC, U OF A, and the CITY OF FAYETT
project entitled, "Mullins Branch Stream Res
recipient, in partnership with the U OF A a
the common goal of restoring an unstable s
form utilizing a natural channel design ap
and the restoration project will help to re
received by the West Fork White River
highly visible and will provide educat
completed restoration will address ac
quality and enhancing aquatic and t
hydrology. Such cooperation will
schedule of activities, budget, an
CITY OF FAYETTEVILLE c
1 fram
ILLE to
ration Proje
CITY OF FA
ction of Mullins B
roach. The stream flo
uce sediment and nutrien
WFWR) and Beaver Lake.
nal opportunities. Using inno
elerated streambank erosion, whi
estrial habitat and maintaining a su
erve the parties' mutual interest. The pr
roles and responsibilities of the WCRC, U
e found in the attached work plan.
work for cooperation between the
ork together to conduct the 319
." The WCRC, the 319 award
TTEVILLE, will work to achieve
ch to a morphologically stable
s through the U OF A campus
loads that ultimately are
he project location is
ive techniques, the
improving water
ainable, natural
ect description,
F A, and the
B. STATEMENT OF MUTUAL INTERESTS AND BENEFITS
Mullins Branch, located on the campus of the University of Arkansas in Fayetteville, AR was
identified for restoration as part of a nutrient reduction plan developed by Geosyntec Consultants
for the City of Fayetteville. The plan, which was developed with stakeholder input, identified
several priorities to be pursued that would reduce phosphorus loads to streams within the Beaver
Lake watershed. In addition to sediment and nutrient load reduction potential, the site was
considered an excellent location to demonstrate green infrastructure techniques due to the high
visibility of the site. It is conservatively estimated that over 100,000 individuals pass through the
project site annually.
1