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HomeMy WebLinkAbout39-12 RESOLUTIONRESOLUTION NO. 39-12 A RESOLUTION APPROVING AMENDMENT NO. 1 TO A MEMORANDUM OF UNDERSTANDING WITH THE WATERSHED CONSERVATION RESOURCE CENTER (WCRC) IN AN AMOUNT NOT TO EXCEED $25,201.00 TO REPAIR PORTIONS OF THE NIOKASKA CREEK RIPARIAN CORRIDOR THROUGH SWEETBRIAR PARK AND SURROUNDING PROPERTIES DAMAGED IN APRIL 2011 FLOODS, 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 a Memorandum of Understanding with the Watershed Conservation Resource Center (WCRC) in an amount not to exceed $25,201.00, a copy of which is attached as Exhibit "A", to repair portions of the Niokaska Creek riparian corridor through Sweetbriar Park and surrounding properties damaged in April 2011 floods. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached as Exhibit "B". PASSED and APPROVED this 21st day of February, 2012. APPROVED: ATTEST: By: LI t ELD 1 ' .: AN, Mayor By:\AAtIrOjttit\-_2 LISA BRANSON, Deputy City Clerk,„,,,, VI F iPt V° a THE CITY OF FAYETTEVILLE, ARKANSAS AMENDMENT NO. 1 REPAIR OF NIOKASKA STREAM RESTORATION PROJECT IN SWEETBRIAR PARK STATE OF ARKANSAS COUNTY OF WASHINGTON This Amendment is written pursuant to the Memorandum of Understanding (MOU) as described in Ordinance No. 5268 executed on September 1, 2009. The referenced MOU pertains to a stream restoration project and associated services with the Watershed Conservation Resource Center (WCRC) for the Niokaska Stream Restoration in Sweetbriar Park. This Amendment entered into and executed on the date indicated below the signature block by and between the City of Fayetteville and the Watershed Conservation Resource Center sets forth the project description, project schedule and associated fees for these services related to the Repair of the Niokaska Creek Stream Restoration located in Sweetbriar Park. Section I - Project Description This project consists of repairs to a previously constructed streambank restoration project along a section of Niokaska Creek in Sweetbriar Park and surrounding properties. WCRC originally designed the project and performed the construction observation working closely with the contractors. Severe flooding occurred in Washington County in April 2011, only one month following implementation of the project. Although the project successfully protected City park land, damage to the project occurred in several locations and the damage should be addressed to maintain the integrity of the project. Repairs to rock structures and adjacent constructed floodplains will be made. Native plant species will be replanted in the affected areas to create a healthy riparian corridor along the stream corridor. Section II - Project Timeframe The project must be completed by or before October 12, 2012. Construction is anticipated to begin in March 2012 and be complete by September 30, 2012. Section III - Scope of Services • Project administration includes financial tracking and reporting, procurement of contractors and materials, and coordination among project partners and contractors. All procurement measures must follow procedures approved by the City of Fayetteville. • A repair plan including all technical design elements will be developed. • Implementation of streambank restoration repair includes obtaining U.S. Army Corps of Engineers and ADEQ authorization, coordinating construction material deliveries, THE CITY OF FAYETTEVILLE, ARKANSAS securing equipment and contractor, overseeing heavy equipment construction, performing minor construction, and re -vegetating site. Section IV - Fees and Payments WCRC will perform the above -referenced Scope of Services for a total cost NTE $25,201. A breakdown of the estimated project expenses is shown in Attachment 1. Section V - Memorandum of Understanding in Effect Except as amended specifically herein, the Memorandum of Understanding Fayetteville shall remain in full force as originally approved. IN WITNESS WHEREOF, the parties hereto have caused this AMENDMENT to be duly executed as of the date and year first herein written. FOR THE CITY OF FAYETTEVILLE B Mayor d Jordan Date: cg /9---_ Attest: $, Sondra Smith, City ler FOR WATERSHED CONSERVATION RESOUCE CENTER By:Attest: Sandi Formica Date: ,eS 0 Z°l 2_ iu _ THE CITY OF FAYETTEVILLE, ARKANSAS Attachment 1 Estimated Project Budget for Niokaska Creek Stream Restoration Repairs at Sweetbriar Park Task Item Units Qty Unit Cost Estimated Cost ($) ($) 01 U Y Y N L Y as o a z!� L 0 1/1 W 3 .QCC OD o CO -C v F c 0 0 0 Repair of Area Near Waterline Coarse Fill yd3 70 40 $2,800.00 Large Boulders ton 20 56 $1,120.00 Top Soil yd3 40 25 $1,000.00 Excavator' hr. 16 200 $3,200.00 Skidsteer' hr. 16 125 $2,000.00 Protect Park Wetland Upstream Rock Sill ton 16 56 $896.00 Excavator' hr. 5 200 $1,000.00 Skidsteer' hr. 5 125 $625.00 Repair Downstream Vanes Excavator hr. 4 200 $800.00 Site Finishing Labor hr. 40 40 $1,600.00 =1,_;;:),;;;. Design and Construction Oversight Engineer PE hr. 28 85 $2,380.00 Project Manager hr. 28 100 $2,800.00 Upstream Repairs (Private Property) Repair Upstream Bench Top Soil yd3 20 25 $500.00 Labor hr. 40 40 $1,600.00 Jute Fiber Roll ea. 1 100 $100.00 Equipment and Operator Excavator' hr. 4 200 $800.00 Skidsteer' hr. 4 125 $500.00 Design and Construction Oversight Engineer PE hr. 8 85 $680.00 Project Manager hr. 8 100 $800.00 Total Cost $25,201.00 1 Cost includes equipment, fuel, and operator City of Fayetteville, Arkansas Budget Adjustment Form V11.0425 Budget Year 2012 Division: Parks & Recreation Department: Parks & Recreation Request Date 2/2/2012 Adjustment Number BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION A budget adjustment to allocate funding from FEMA to Niokaska Creek Stream Resoration Demonstration in the amount of $16,982. Moving $11,000 in funding from the 2012 Project that had been allocated for Niokaska Creek in order to track the total project. Alison Jumper 2/2/2012 Division Head Date 2-z,i Date Connie Edmonston Department Director; Date A3cui a .CLIA,2-7�zol� Fin e Director ® Date Chi- o a r tall Date Prepared By: Tracie Martin Reference: tmartin Budget & Research Use Only Type: A B C General Ledger Date Posted to General Ledger Checked / Verified D E Initial Date Initial Date Account Name TOTAL BUDGET ADJUSTMENT 16,982 Account Number 16,982 Increase / (Decrease) Expense Revenue Project.Sub. Number Park improvements Trans from Replacement 4470.9470.5806.00 16,982 4470.0947.6602.27 09025 . 0901 16,982 11020 . 4470 Greenspace Fees NE Greenspace Fees NE 2250.0925.4419.01 2250.0925.4419.01 Contract services Contract services 2250.9256.5315.00 11,000 11,000 09025 . 0901 (11,000) 02013 . 1201 09025 . 0901 2250.9256.5315.00 (11, 000) 02013 . 1201 EXHIBIT 3 K:\PARKS\sweetbriar\2009 stream restoration'April 2011 Flood Repair\Amendment No. 1\BA for 2.21.12 Niokaska 1 of 1 1--kuntAed01-//q/ic)— - Carole Jo s/Alison Jumper Park Planning City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 2/21/2012 City Council Meeting Date Agenda Items Only Submitted By Division Action Required: Parks and Recreation Department .Parks and Engineering staff request approval of Amendment No. 1 pursuant to the Memorandum of Understanding (MOU) as described in Ordinance No. 5268 with the Watershed Conservation Resource Center in an amount NTE $25,201 with a 7.7% project contingency of $1,941 for a total project cost of $27,142 and approval of a budget adjustment to repair portions of Niokaska Creek riparian corridor through Sweetbriar Park and surrounding properties that were damaged during the flooding in April 2011 (see attached memo). 15,041.00 5,180.00 4,980.00 Cost of this request 4470.9470.5806.00 2250.9256.5314.00 4470.9470.5817.00 Account Number 09025.0901 09025.0901 02097.1 Project Numbers Budgeted Item X 216,202.00 15,896.00 439,317.00 Category / Project Budget 195,058.90 2,605.50 289,316.97 Funds Used to Date 21,143.10 13,290.50 $ 150,000.03 Remaining Balance Budget Adjustment Attached Niokaska Creek Stream Restoration Demonstration Niokaska Creek Stream Restoration Demonstration Stormwater Quality Management/Nutrient Reduction Program Category / Project Name Sales Tax Capital Improvements Park Land Dedication Funds (NE) Sales Tax Capital Improvements Program / Project Category Name Sales Tax/Grant Park Land Dedication Funds (NE) Sales Tax Fund Name Fin -ate- and Internal Services Director •1@R-Zo12, Date Comments: Date ate Previous Ordinance or Resolution # 5268 Original Contract Date: Original Contract Number: Received in Mayor's Office Revised January 15, 2009 ave ev! le CITY COUNCIL AGENDA MEMO THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE To: Mayor Lioneld Jordan and City Council Thru: Don Marr, Chief of Staff Connie Edmonston, Parks and Recreation Di ector Jeremy Pate, Development Services Director Alison Jumper, Park Planning Superintendent M From: Carole Jones, Park Planner II�°�, Date: February 3, 2012 Subject: Repair portions of Niokaska Creek riparian corridor through Sweetbriar Park and surrounding properties that were damaged during the flooding in April 2011 Agenda Request for February 21, 2012 Meeting PROPOSAL: Sweetbriar Park contains 4.05 acres and is located at 2645 E. Sweetbriar Drive. The park is situated in the northeast quadrant of town east of Old Missouri Road and south of Joyce Boulevard. Niokaska Creek, a tributary to Mud Creek, flows through Sweetbriar Park. The creek is located within the Illinois River Watershed. On September 1, 2009, the City Council passed Ordinance Number 5268 approving a Memorandum of Understanding (MOU) with the Watershed Conservation Resource Center to restore an approximately 1,600 - foot section of Niokaska Creek that was incised and had several banks eroding into the park land and surrounding residential yards (see attached ordinance). Construction of the orginal project was completed in March 2011. WCRC designed the orginal project and performed the construction observation working closely with the contractors. Severe flooding occurred in Washington County in April 2011, only one month following construction. Although the project successfully protected City park land and surrounding properties, damage to the project occurred in several locations and the damage should be addressed to maintain the integrity of the project. Staff is requesting approval of Amendment No. 1 pursuant to the Memorandum of Understanding (MOU) as described in Ordinance No. 5268 with the Watershed Conservation Resource Center. This amendment includes repairing a portion of a previously constructed streambank restoration project along a section of Niokaska Creek in Sweetbriar Park and surrounding properties. Repairs to rock structures and adjacent constructed floodplains will be made. Native plant species will be replanted in the affected areas to create a healthy riparian corridor along the stream corridor. The scope of the amendment generally includes the design of the repairs, implementation and project administration including financial tracking and reporting, procurement of THE CITY OF FAYETTEVILLE, ARKANSAS contractors and materials, and coordination among project partners and contractors. All procurement measures must follow procedures approved by the City of Fayetteville. A portion of the project which is located along the park property is eligble for funding from FEMA. The remainder of the repairs are not eligble for funding from FEMA because the structures are located within the channel of the stream or are located on private property. RECOMMENDATION: Parks and Engineering staff request approval of Amendment No. 1 pursuant to the Memorandum of Understanding (MOU) as described in Ordinance No. 5268 with the Watershed Conservation Resource Center in an amount NTE $25,201 with a 7.7% project contingency of $1,941 for a total project cost of $27,142 and approval of a budget adjustment to repair portions of Niokaska Creek riparian corridor through Sweetbriar Park and surrounding properties that were damaged during the flooding in April 2011. BUDGET IMPACT: The cost of $25,201 is accounted for in project numbers 09025.0901 - Niokaska Creek Stream Restoration Demonstration ($20,221) and 02097.1 - Stormwater Quality Management/Nutrient Reduction ($4,980). Attachments: Staff Review Form Ordinance No. 5268 Amendment No. 1 Purchase Requisition Budget Adjustment City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 2/21/2012 City Council Meeting Date Agenda Items Only Carole Joys/Alison Jumper Park Planning, Submitted By Division Action Required: Parks and Recreation Department Parks and Engineering staff request approval of Amendment No. 1 pursuant to the Memorandum of (MOU) as de.cribed in Ordinance No. 5268 with the Watershed Conservation Resource Center in -n amount NTE $25,201 and - • proval of a budget adjustment to repair portions of Niokaska Creek riparian corn.. r through Sweetbriar Park nd surrounding properties that were damaged during the flooding in April 20 (see attached memo). nderstanding ,041.00 $ 216,202.00 $ 15,896.00 $ 439,317.00 Cost of this request Category / Project Budget Nio ska Creek Stream Restoration Demonstration 4470.9470.5806.00 2250.9256.5314.00 4470.9470.5817.00 Account Number 09025.0901 09025.0901 195,058.90 2,605.>''0 289,3 -..97 Funds Used to D 02097.1 21,143.10 $ 13,290.50 Project Numbers Rem Budgeted Item mai Budge 150,000.03 iokaska Creek Stream Restoration Demonstration Stormwater Quality Management/Nutrient Reduction Program Category / Project Name Sales Tax Capital Improvements Park Land Dedication Funds4N- Sales Tax Capital Improvements Program / Project Category Name Sales Tax/Grant Park Land Dedication Funds (N-. Sales Tax lance Fund Name djustment Atta e EMI Previou Ordinance or Resolution # 5268 De.a t Director tract Date: Original Contra t Number: ity Attorney Finance and Internal Servi s Director Date Received in Clerk's Offi Received in Mayor's Office Comments: (JE) (N E) Revised January 15, 2009 veTartareville THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE ARKANSAS www.accessfayetteville.org CITY COUNCIL AGENDA MEMO To: Thru: From: Date: Subject: Mayor Lioneld Jordan and City Council Don Marr, Chie • f Staff Connie Edmonsto Parks and Recreation Director Jeremy Pate, Devel•.ment Services Director U\ Alison Jumper, Park lanning Superintendent G� Carole Jones, Park Pla er II February 3, 2012 Repair portions of Niokaska surrounding properties that w Agenda Request for February reek riparian e damaged , 2012 PROPOSAL: Sweetbriar Park contains 4.05 acres and is locate northeast quadrant of town east of Old Missou tributary to Mud Creek, flows through Swee Watershed. c s ridor through Sweetbriar Park and ring the flooding in April 2011 eting 2645 E. Sweetbriar Drive. The park is situated in the Ro: d and south of Joyce Boulevard. Niokaska Creek, a riar P. k. The creek is located within the Illinois River On September 1, 2009, the City Counci passed Ordinan•- Number 5268 approving a Memorandum of Understanding (MOU) with the Watersh=d Conservation Reso_ rce Center to restore an approximately 1,600 - foot section of Niokaska Creek that as incised and had se eral banks eroding into the park land and surrounding residential yards (see atta ed ordinance). Construction of the orginal projec was completed in March 2011. CRC designed the orginal project and performed the construction obse ation working closely with the co tractors. Severe flooding occurred in Washington County in April 20 1, only one month following construction. Although the project successfully protected City park land and s ounding properties, damage to the project c ccurred in several locations and the damage should be addressed • maintain the integrity of the project. Staff is requesting approv described in Ordinance repairing a portion of a in Sweetbriar Park a will be made. Nativ along the stream implementation 1 of Amendment No. 1 pursuant to the Memorandu o. 5268 with the Watershed Conservation Resource Cen reviously constructed streambank restoration project along surrounding properties. Repairs to rock structures and adjace plant species will be replanted in the affected areas to create a h orridor. The scope of the amendment generally includes the d d project administration including finiancial tracking and reportin of Understanding (MOU) as r. This amendment includes section of Niokaska Creek constructed floodplains althy riparian corridor ign of the repairs, procurement of THE CITY OF FAYETTEVILLE, ARKANSAS contractors and materials, and coordination among project partners and contractors. All procurement measures must follow procedures approved by the City of Fayetteville. A portion of the project which is located along the park property is eligble fo - funding from FEMA. The remainder of the repairs are not eligble for funding from FEMA because the s ctures are located within the channel of the stream or are located on private property. RECOMMENDATION: Parks and Engineering staff req - st approval of Amendment N s . 1 pursuant to the Memorandum of Understanding (MOU) as described i Ordinance No. 5268 with th-, atershed Conservation Resource Center in an amount NTE $25,201 and appro :1 of a budget adjustment . repair portions of Niokaska Creek riparian corridor through Sweetbriar Park and su ounding properties th t were damaged during the flooding in April 2011. BUDGET IMPACT: The cost of $25,201 is accounted for in proj ct numb s 09025.0901 - Niokaska Creek Stream Restoration Demonstration ($20,221) and 02097.1 - Stormw.. er Q ity Management/Nutrient Reduction ($4,980). Attachments: Staff Review Form Ordinance No. 5268 Amendment No. 1 Purchase Requisition Budget Adjustment RESOLUTION NO. A RESOLUTION APPROVING AMENDMENT NO. 1 TO A MEMORANDUM OF UNDERSTANDING WITH THE WATERSHED CONSERVATION RESOURCE CENTER (WCRC) IN AN AMOUNT NOT TO EXCEED $25,201.00 TO REPAIR PORTIONS OF THE NIOKASKA CREEK RIPARIAN CORRIDOR THROUGH SWEETBRIAR PARK AND SURROUNDING PROPERTIES DAMAGED IN APRIL 2011 FLOODS, 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 a Memorandum of Understanding with the Watershed Conservation Resource Center (WCRC) in an amount not to exceed $25,201.00, a copy of which is attached as Exhibit "A", to repair portions of the Niokaska Creek riparian corridor through Sweetbriar Park and surrounding properties damaged in April 2011 floods. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached as Exhibit "B". PASSED and APPROVED this 20 day of February, 2012. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer ORDINANCE NO. 5268 AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE WATERSHED CONSERVATION RESOURCE CENTER (WCRC) IN THE AMOUNT OF $188,000.00 FOR A STREAM RESTORATION DEMONSTRATION PROJECT ON NIOKASKA CREEK THROUGH SWEETBRIAR PARK. WHEREAS, the Watershed Conservation Resource Center possesses unique expertise and resources ideally suited to meet the City of Fayetteville's need for stream restoration as part of the Stormwater Phase II permit requirements; and WHEREAS, the Watershed Conservation Resource Center can perform this work at a significant savings to the citizens of Fayetteville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby determines an exceptional situation exists in which competitive bidding is deemed not feasible or practical and therefore waives the requirements of formal competitive bidding and approves a Memorandum of Understanding (marked as Exhibit "A" attached hereto and made a part hereof) between the City of Fayetteville, Arkansas and the Watershed Conservation Resource Center (WCRC) in the amount of $188,000.00 for a Stream Restoration Demonstration Project on Niokaska Creek through Sweetbriar Park. PASSED and APPROVED this 1st day of September, 2009. APPROVED: ATTEST: By: SONDRA E. SMITH, City Clerk/Treasurer ORDINANCE NO. 5268 AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE WATERSHED CONSERVATION RESOURCE CENTER (WCRC) IN THE AMOUNT OF $188,000.00 FOR A STREAM RESTORATION DEMONSTRATION PROJECT ON NIOKASKA CREEK THROUGH SWEETBRIAR PARK. WHEREAS, the Watershed Conservation Resource Center possesses unique expertise and resources ideally suited to meet the City of Fayetteville's need for stream restoration as part of the Stormwater Phase II permit requirements; and WHEREAS, the Watershed Conservation Resource Center can perform this work at a significant savings to the citizens of Fayetteville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby determines an exceptional situation exists in which competitive bidding is :deemed not feasible or practical and therefore waives the requirements of formal competitive bidding and approves a Memorandum of Understanding (marked as Exhibit "A" attached hereto and made a part hereof) between the City of Fayetteville, Arkansas and the Watershed Conservation Resource Center (WCRC) in the amount of $188,000.00 for a Stream Restoration Demonstration Project on Niokaska Creek through Sweetbriar Park. PASSED and APPROVED this 1St day of September, 2009. APPROVED: ATTEST: By: SONDRA E. SMITH, City Clerk/Treasurer eVille Purchase Order (PYO) Request ; (Nof a Purchase Orderjr d unless medical or 1099semcb related (Ca11x256 with quest on e Porches"ng,e maiic Purchasng@cLfayetteviile ar us, , , All purchases under $2500 shall h All PO, Request shall: be scanned to Vendor #:Vendor Name: 16441 Watershed Conservation Resource Center Requisition No.: KU Number: Address: 380 W. Rock St. Fob Point: Mail Yes: 'Taxable Yes: `nate: 2121/2012 'xpected uelroery nate: No: No: Quotes Attached Yes: No: City: Fayetteville Requester: Carole Jones, Park Planner II Item Description antity State: AR Unit of Issue Unit Cost Extended Cost Zip Code: 72701 Ship to code: Divison He Requester's Employee #: Extension: 3003 • • royal: 472 Account Numbers Project/Subproject # Inventory # Fixed Asset # 1 Niokaska Stream Restoration Repair in Sweetbriar Park 1 Lot $15,041.00 $15,041.00 4470.9470.5806.00 09025.0901 2 Niokaska Stream Restoration Repair in Sweetbriar Park 1 Lot $5,180.00 $5,180.00 2250.9256.5314.00 09025.0901 3 Niokaska Stream Restoration Repair in Sweetbriar Park 1 Lot $4,980.00 $4,980.00 4470.9470.5817.00 02097.1 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Shipping/Handling 3peciai Instructions: Lot $0.00 Tax is included in the contract price. Approvals: Mayor: Finance & Internal Services Director: Dispatch Manager: Department Director: Budget Manager: Utilities Manager: Subtotal: Tax: Total: $25,201.00 $25,201.00 Purchasing Manager: IT Manager: Other: Revised 1/2/2008