HomeMy WebLinkAbout48-16 RESOLUTIONOF.F AYE rTF
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113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 48-16
File Number: 2016-0067
WATERSHED CONSERVATION RESOURCE CENTER TASK ORDER NO. 4:
A RESOLUTION TO APPROVE TASK ORDER NO. 4 WITH THE WATERSHED CONSERVATION
RESOURCE CENTER IN THE AMOUNT OF $79,500.00 FOR CONTINUED NATIVE VEGETATION
ESTABLISHMENT EFFORTS AND MINOR ADJUSTMENTS TO EXISTING RESTORATION AREAS
TO ENHANCE STREAM CHANNEL STABILITY
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 Task Order No. 4
with the Watershed Conservation Resource Center in the amount of $79,500.00 for continued native
vegetation establishment efforts and minor adjustments to existing restoration areas to enhance stream
channel stability.
PASSED and APPROVED on 2/16/2016
Page 1
Attest:
Sondra E. Smith, City Clerk Treasurer
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Printed on 2117/16
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
_:- Text File
File Number: 2016-0067
Agenda Date: 2/16/2016 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: D. 1
WATERSHED CONSERVATION RESOURCE CENTER TASK ORDER NO. 4:
A RESOLUTION TO APPROVE TASK ORDER NO. 4 WITH THE WATERSHED
CONSERVATION RESOURCE CENTER IN THE AMOUNT OF $79,500.00 FOR CONTINUED
NATIVE VEGETATION ESTABLISHMENT EFFORTS AND MINOR ADJUSTMENTS TO
EXISTING RESTORATION AREAS TO ENHANCE STREAM CHANNEL STABILITY
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 Task Order No.
4 with the Watershed Conservation Resource Center in the amount of $79,500.00 for continued native
vegetation establishment efforts and minor adjustments to existing restoration areas to enhance stream
channel stability.
City of Fayetteville, Arkansas Page 1 Printed on 211712016
Chris Brown
Submitted By
City of Fayetteville Staff Review Form
2016-0067
Legistar File ID
2/16/2016
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
2/2/2016 Engineering /
Development Services Department
Submitted Date Division / Department
Action Recommendation:
Approval of Task Order No. 04 in the amount of $79,500 with the Watershed Conservation Resource Center for
continuing native vegetation establishment efforts and performing minor adjustments within the stream as
necessary to ensure the continued success of completed restoration projects.
Budget Impact:
4470.9470.5314.00 and 5400.5800.5314.00 4470 -Sales Tax Capital Improvements and 5400 -
Water and Sewer
Account Number
02097.2015 and 13018.1501
Project Number
Budgeted Item? Yes
Does item have a cost? Yes
Budget Adjustment Attached? No
Fund
mormwaier Quam:y Management kzaormwater
Wuality Mgmt/Nutrient Reduct) and Wastewater
Trootmont / Wntor rlimlity lmnrnvomontc
Project Title
Current Budget $ 115,985.98
Funds Obligated $ 36,485.98
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
$ 79,500.00
V20140710
Previous Ordinance or Resolution # 126-13
Original Contract Number:
Comments:
Approval Date:
CITY OF
TITIq a. � ARKANSA
MEETING OF FEBRUARY 16, 2016
TO: Mayor and City Council
CITY COUNCIL AGENDA MEMO
THRU: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
Chris Brown, City Engineer
FROM: Alan Pugh, Staff Engineer
DATE: February 2, 2016
SUBJECT: Approval of Task Order No. 04 in the amount of $79,500 with the Watershed
Conservation Resource Center for continuing native vegetation establishment efforts
and performing minor adjustments within the stream as necessary to ensure the
continued success of completed restoration projects.
RECOMMENDATION:
Staff recommends approval of Task Order No. 04 in the amount of $79,500 with the Watershed
Conservation Resource Center for continuing native vegetation establishment efforts and
performing minor adjustments within the stream as necessary to ensure the continued success
of completed restoration projects.
BACKGROUND:
On January 7, 2014, City Council approved Resolution Number 5645 to waive competitive
bidding and enter into a memorandum of understanding (MOU) with the Watershed
Conservation Resource Center (WCRC) expressing the City's desire to work jointly with the
WCRC to identify, fund and completed stream restoration project and work together on nonpoint
source (NPS) related issued associated with reducing nutrients and improving riparian and other
natural areas. To that degree, the City and WCRC have completed several restoration projects
though this partnership. These projects included, but are not limited to, the White River
Riverbank Stabilization Project, Niokaska Creek within Sweetbriar Park, Niokaska Creek within
Gulley Park and the West Fork of White River Airport Site
DISCUSSION:
The MOU (Effective date January 9, 2014) outlines a process by which task orders can be
developed for various activities that are in line with the goal of reducing NPS pollution and
restoring the City's streams. Task Order No 04 is presented pursuant to the MOU and consists
of continuing efforts to establish and maintain dense native vegetation as well as make minor
modifications as necessary to the stream to ensure the continued success of the completed
restoration projects.
Establishment of a high-density riparian zone consisting of native vegetation is critical in
creating stream and river restoration project that will, upon maturity of the vegetation, be able to
withstand the power of future flood events. This can take several growing seasons to achieve
and ensure the native species are not overrun with invasive species. Also, minor adjustments
Mailing Address: _
113 W. Mountain Street www.fayetteville-ar.gov
Favetteville, AR 72701
occasionally need to be conducted within the stream or river channel restoration area to prevent
cumulative degradation of the restoration project. This task order will provide funding to the
WCRC to conduct activities that help to ensure establishment healthy, native vegetation and the
channel stability of the restoration projects. This in turn will help to project the investments
made by the City of Fayetteville to improve water quality, habitat and recreational values of our
local streams and water bodies.
BUDGET/STAFF IMPACT:
The Stormwater Quality Management/Nutrient Reduction project has been designated in part to
fund projects that improve stormwater quality in the City of Fayetteville and would be proposed
as the source for a portion of the matching funds ($65,500). Funding from this project also
includes participation from the Water and Sewer Department ($14,000) as they are directly
impacted by the work included in the task order. Task Order #4 totals $79,500 for one year of
maintenance services.
Attachments:
Task Order No. 04
Ordinance 5354
Memorandum of Understanding
City of Fayetteville - Purchase Order Request (PO)
Requisition o.:
ate:
2/2/2016
(Not a Purchase Order)
P.O Number:
All PO Requests shall be scanned to the Purchasing e-mail: Purchasing&Iayetteville-ar.gov.
Purchase shall not be made until an actual PO has been issued.
Vendor
16441
Vendor
Watershed Conservation Resource Center (WCRC)
Mail
r Yes F No
Legistar#:
#:
Name:
2016-Q067
FOB Point:
Taxable
Address:
Yes No
Expected Delivery Date:
Zip E77_7
to code:
Quotes Attached
City:
State:
r Yes I✓ No
Requester: Alan Pugh
Requester's Employee #:
Extension:
4073
8208
Item
Description
Quantity
Unit of Issue
Unit Cost
Extended Cost
Account Number
Project.Sub#
Inventory #
Fixed Asset #
1
Niokaska at Gulley
1
Lot
2,500.00
$2,500.00
4470.9470.5314.00
02097.2015
Niokaska at '
Gulley
2
Niokaska at Sweetbriar
1
Lot
5,000.00
$5,000.00
4470.9470.5314.00
02097.2015
Niokaska at
Sweetbriar
3
White River Stabilization
1
Lot
14,000.00
$14,000.00
5400.5800.5314.00
13018.1501
White River
Stabilization
4
West Fork at Airport
1
Lot
58,000.00
$58,000.00
4470.9470.5314.00
02097.2015
West Fork at
Airport
5
$0.00
6
$0.00
7
$0.00
8
$0.00
9
$0.00
10
$0.00
Shipping/Handling
Lot
$0.00
6pecial Instructions:
Subtotal: $79,500.00
Tax: $0.00
Total: $79,500.00
Approvals:
Mayor: Department Director: Purchasing Manager:
Chief Financial Officer: Budget Director: IT Director:
Dispatch Manager: Utilities Manager: Other:
Neviseo 6/18/2014
THE CITY OF FAYETTEVILLE, ARKANSAS
TASK ORDER NO.4
VEGETATION AND CHANNEL STABILITY ESTABLISHMENT
CITY OF FAYETTEVILLE STREAM AND RIVER RESTORATION
PROJECTS
STATE OF ARKANSAS
COUNTY OF WASHINGTON
This Task Order is written pursuant to the Memorandum of Understanding (MO.U) as
described in Ordinance No. 5354 executed on January 9, 2014. The referencedMOU
pertains to potential stream restoration projects and associated services with the Watershed .
Conservation Resource Center (WCRC). 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 sets forth the project description, project
schedule and associated fees for these services related to maintaining' and caring for
stream and river restoration projects previously constructed that were funded by the City
and grant funds.
Section l - Project Description
This project consists of maintaining stream and river restoration projects whose original
implementation was funded in -part with City funds. Establishment of a high-density riparian
zone consisting of native vegetation is critical in creating stream and river restoration
projects that will, upon maturity of the vegetation, be able to withstand the power of future
flood events. Also, minor adjustments need to be occasionally conducted within the stream
or river channel restoration area to prevent cumulative degradation of the restoration'
project. The WCRC has constructed several stream and river restoration projects using
City funds in combination with federal and state grant funding sources over the past 5
years. To insure the long-term success of these projects, the WCRC has continued to.
maintain and care for the projects after the expiration of the original grant, without financial
support from any outside entities. This project will provide funding to the WCRC to conduct
activities that help to establish healthy, native vegetation and channel stability of the
restoration projects in order to protect the investments that the City has made to improve
water quality, habitat, and recreational values of streams located within the City.
Section II - Project Timeframe
The project will be conducted from February 17, 2016 to February 16, 2017.
Section III -'Scope of Services
The WCRC will perform services that are targeted to maintain and improve the long-term
functionality of the restoration projects that have been implemented utilizing City Funding.
These services include two major components: 1) Stream restoration activities that help to
THE CITY OF FAYETTEVILLE, ARKANSAS
create long-term stability and 2) Vegetation, Management. Stream restoration activities
include but will not be limited to 1) minor hand repairs of structural components of the
restoration 2) removal of unintended gravel deposition within the project site 3) repair of soil
mattresses'and 4) re-setting'of boulders that may become displaced. 'Vegetation
maintenance and management activities include but are not limited to 1) irrigation of
vegetation during summer months 2) removal of invasive vegetation and 3) planting
additional native plants to enhance vegetation density. These funds are intended to cover
costs associated with minor and routine maintenance of the sites. Repair of damages of
projects resulting from infrequent flood events are generally not covered under this
agreement and will be addressed under supplemental agreements. ,But, if necessary, these
funds can be used towards major repairs.
Section'IV Fees and Payments
WCRC will perform the above -referenced Scope of Services amounts not to exceed
$79,5W..f0r'this;one year agreement.
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 TASK ORDER to be duly
executed as of the date and``year `first herein written.
LLE
V.-AF04-2, W�_M/ ,a
VlVlay* LioWd J dan
Date: �D
Attest: rte,
X7�11�
Sondra Smith, City Clerk
oTrrt��e'�s
=E5: E\mLE ;
®FAA ®�
FOR WATERSHED CONSERVATION RESOURCE CENTER 's,�°s gRKANSQ.oJ;`®
�'ee� i�
By: Attest: G% --
Sandi Formica
XI'°`7 Tinos°v�
Date: Ee, � 0-f 2 2�1
Duration Long-term a WCRC Matc
Project Annual Budget for
Stream Restoration Project ConstructionCompl Maintenance & Project Establishment of Capital (Perpetual) #or long term
etion Date Small Repairs Timeline Funding Man'ageme* t E management
ears EX :erase , ;; epdrn
NiokaskaatGulley €. $2,500°,`
25{)
Niokaska at Sweetbriar s,.-- $3,000
White River Stabilization € $41000: € tA<
West Fork at Fayetteville $8 000' .>; .
Municipal Airport
$ 9,50 �. $17,5,00m,81..�e'w" 'ft 550(
*Recommend these numbers be evaluated bi-annually
** Long-term management includes vegetation management expense to maintain native vegetation and remove invasive native vegetation
after project establishment period has been completed and inspection of structures after major storm events.
***Would seek other funders to help cover expense of major repair
Total annual funs
$85,000
ORDINANCE NO. 5645
AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL
COMPETITIVE BIDDING AND APPROVING A FIVE YEAR
MEMORANDUM OF UNDERSTANDING WITH THE WATERSHED
CONSERVATION RESOURCE CENTER TO JOINTLY SEEK FUNDING
AND USE SUCH FUNDING TO DESIGN AND CONSTRUCT STREAM
RESTORATION PROJECTS
WHEREAS, the City of Fayetteville has long worked with the Watershed Conservation
Resource Center (WCRC) and funded quality stream restoration projects successfully completed
by the Center; and
WHEREAS, the provisions of the attached Memorandum of Understanding meet the
City of Fayetteville's need for continuing stream restoration projects at little or no cost to the
City; and
WHEREAS, the Watershed Conservation Resource Center can efficiently and
effectively provide this service 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 to
jointly seek funding and use such funding to design and construct stream restoration pro t l rdil."
authorizes Mayor Jordan to sign such Memorandum. `��� YF
PASSED and APPROVED this 7th day of January, 2014. =v� FAYETTEVILLE ;'
APPROVED: ATTEST:r
. ego
SPS .`' e:
'�Vffi -r ON
i
By/ By:
LI E D JO , Mayor SON RA E. SMITH, City Clerk/Treasurer
MEMORANDUM OF UNDERSTANDING
Between
Watershed Conservation Resource Center
UM
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, conducting 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 have obtained several grants for
restoring streams within the City and surrounding areas and for assessing streams for stability
and contaminant reduction. These projects have brought over $2,300,000 to the City for water
quality and other environmental improvements and have helped to create local partnerships and
outreach opportunities in the areas of river restoration, riparian enhancement, and watershed
planning. Four stream and streambank restoration projects have been implemented that have
resulted in over 4000 tons of sediment and 3,700 lbs of total phosphorus reductions, annually
from streambank erosion, restored both aquatic and terrestrial habitat, protected City
infrastructure, and improved aesthetics of City Parks and other properties. The WCRC currently
has three active projects with the City and other partners to conduct more river restoration and
assess urban streams and riparian areas to identify priority sites in need of restoration. In
addition, the WCRC continues to monitor and maintain the four implemented stream restoration
sites.
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.
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.
I
F. 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
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 famished 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 five 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: formicakwatershedconservation.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: cbrownQci.fUetteville.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.
Sandi J. Fo , xecutive Director
Watershed Conservation Resource Center
12
18
13
ate
(Xion�ld Jord , M or ate
City of Fay ttev' e
e7 J—&-
Sondra E. Smith, City ClerlUTreasurer
City of Fayetteville
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s
FAYETTI EV1iLLE
Ia @ b r
Ilia
O
'o 1-o y -A4
Date
Sarah Wrede
Submitted By
City of Fayetteville Item Review Form
2013-0244
Legistar File Number
1/7/2014
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Action Required:
Development Services
Department
An ordinance to waive competitive bidding and to enter into a Memorandum of Understanding with
the Watershed Conservation Resource Center to establish a general framework for cooperation to
seek funding and conduct stream restoration projects and to work together on nonpo int source
related issues.
Does this item have a cost? NO
$0.00
Cost of this request
n/a
Account Number
n/a
Category or Project Budget
$0.00
Funds Used to Date
$0.00
n/a
Program or Project Name
n/a
Program or Project Category
n/a
Project Number Remaining Balance Fund Name
Budgeted Item? ® Budget Adjustment Attached? No
V20130&12
Previous Ordinance or Resolution #
Original Contract Number:
Comments:
0
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ARKANSAS®
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: December 18, 2013
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENT CORRESPONDENCE
Council Meeting of January 7, 2014
Subject: An ordinance to waive competitive bidding and renew a Memorandum of Understanding with the
Watershed Conservation Resource Center to continue a general framework for cooperation to seek
funding and conduct stream restoration projects and to work together on nonpoint source related
issues.
PROPOSAL
The purpose of this Memorandum of Understanding (MOU) is to establish a general framework for cooperation between
the Watershed Conservation Resource Center (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.
The WCRC is a nonprofit organization that strives to protect, conserve, and restore natural resources by utilizing the
watershed approach, environmental outreach, and providing planning and technical assistance to landowners,
communities, and government. The WCRC principals are regional experts and local leaders in implementing natural
channel design -based stream restorations that meet multiple local and regional objectives relating to river channel
instability, water quality, and ecological services. The WCRC and the City have successfully partnered to receive over
$2,300,000 in federal grants for water quality and other environmental improvements. WCRC has been instrumental in
securing these funds due to their relationships with Federal grant agencies and their proven track record of successful
stream restoration projects. This MOU will establish a continued partnership between the City and WCRC whereby the
WCRC will actively seek grant funding for stream restoration projects in the City of Fayetteville, and will allow the City
the opportunity to quickly take advantage of opportunities identified. The MOU is effective for a period of five years.
RECOMMENDATION
Staff recommends approval of an ordinance to waive competitive bidding and to renew a Memorandum of Understanding
with the Watershed Conservation Resource Center to continue a general framework for cooperation to seek funding and
conduct stream restoration projects and to work together on nonpoint source related issues.
BUDGETIMPACT
The proposed agreement will cause no budget impact. As tasks are identified, a Task Order, with associated fee, will be
developed for approval by the Mayor and City Council.
ORDINANCE NO.
AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL
COMPETITIVE BIDDING AND APPROVING A FIVE YEAR
MEMORANDUM OF UNDERSTANDING WITH THE WATERSHED
CONSERVATION RESOURCE CENTER TO JOINTLY SEEK FUNDING
AND USE SUCH FUNDING TO DESIGN AND CONSTRUCT STREAM
RESTORATION PROJECTS
WHEREAS, the City of Fayetteville has long worked with the Watershed Conservation
Resource Center (WCRC) and funded quality stream restoration projects successfully completed
the Center; and
WHEREAS, the provisions of the attached Memorandum of Understanding meet the
City of Fayetteville's need for continuing stream restoration projects at little or no cost to the
City; and
WHEREAS, the Watershed Conservation Resource Center can efficiently and
effectively provide this service 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 to
jointly seek funding and use such funding to design and construct stream restoration projects and
authorizes Mayor Jordan to sign such Memorandum.
PASSED and APPROVED this 7th day of January, 2014.
APPROVED:
By:
LIONELD JORDAN, Mayor
ATTEST:
SONDRA E. SMITH, City Clerk/Treasurer
' W a �0_1 -►10).k ori U( 4
City of Fayetteville Staff Review Form
2017-0001
Legistar File ID
N/A
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Alan Pugh Engineering /
i; 1/5/2017 Development Services Department
Submitted By Submitted Date Division / Department
Action Recommendation:
Revision to the line item funding within the purchase order associated with Task Order No.4 between the City of
Fayetteville and the Watershed Conservation Resource Center. No additional funding is included with the request.
4470.621.9470.5314
Account Number
02097.2015
Project Number
Budgeted Item? Yes
Does item have a cost? No
Budget Adjustment Attached? No
Budget Impact:
4470 -Sales Tax Capital Improvements
Fund
Stormwater Quality Management (Stormwater
Quality Mgmt/Nutrient Reduct)
Project Title
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
$ 87,111.42
$ 87,111.42
# Remaining Budget `
Previous Ordinance or Resolution # 48-16 V20940710
Original Contract Number: 2016-0067 Approval Date: I — 0 - i n 1t-1
Comments: No revisions are proposed to account 5400.5800.5314.00 within the same project/sub so those funds
have not been included in the request.
CITY OF
s
T. Vile
ARKANSAS
TO: Mayor Lioneld Jordan
THRU: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
Chris Brown., City Engineer
FROM: Alan Pugh, Staff Engineer
DATE: January 5, 2017
STAFF MEMO
SUBJECT: Revision to the line item funding within the purchase order associated with
Task Order No.4 between the City of Fayetteville and the Watershed Conservation
Resource Center. No additional funding is included with the request.
RECOMMENDATION:
Staff recommends approval of the revision to the line item funding within the purchase order
associated with Task Order No.4 between the City of Fayetteville and the Watershed
Conservation Resource Center. No additional funding is included with the request.
BACKGROUND:
On January 7,.2014, City Council approved Resolution Number 5645 to waive competitive
bidding and enter into a memorandum of understanding (MOU) with the Watershed
Conservation Resource Center (WCRC) expressing the City's desire to work jointly with the
WCRC to identify, fund and completed stream restoration project and work together on nonpoint
source (NPS) related issued associated with reducing nutrients and improving riparian and other
natural areas. To that degree, the City and WCRC have completed several restoration projects
though this partnership. These projects included, but are not limited to, the White River
Riverbank Stabilization Project, Niokaska Creek within Sweetbriar Park, Niokaska Creek within
Gulley Park and the West Fork of White River Airport Site. On February 17, 2015 the City
Council approved Task Order No. 2 with WCRC for continued maintenance of previously
completed stream restoration projects and on February 2, 2106 the Council approved a
continuation of the maintenance via Task Order No. 4 which appropriated additional funding for
2016.
DISCUSSION:
Upon completion of the maintenance efforts in 2016, it was determined that some of identified
tasks came in slightly under budget while others were over budget. The projects with underrun
included Sweetbriar Park (approximately $2,639.02) and Gulley Park (approximately $756.32)
while overrun was experienced on the West Fork White River at the Airport. The Airport project
required a fairly extensive repair while the other projects included mostly the removal of invasive
species and continued establishment of native vegetation. The proposed amendment would
move the remaining funds from the areas of underrun to overrun, specifically the Airport project.
The final item included in the task order was the White River project which included funding
from the Water and Sewer Division. No revisions are proposed that would impact that portion of
the project or its associated funding.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
BUDGET/STAFF IMPACT:
No additional funding is requested, therefore, there should be no impact.
Attachments:
Task Order No. 02
Task Order No. 04
RESOLUTION NO. 44-15
A RESOLUTION TO APPROVE TASK ORDER NO. 2 WITH THE
WATERSHED CONSERVATION RESOURCE CENTER FOR CONTINUED
MAINTENANCE OF PREVIOUSLY COMPLETED STREAM
RESTORATION PROJECTS AT NIOKASKA CREEK AND THE WHITE
RIVER THROUGH 2015 IN THE AMOUNT OF $62,500.00, AND TO
APPROVE 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
Task Order No. 2 with the Watershed Conservation Resource Center for continued maintenance
of previously completed stream restoration projects at Niokaska Creek and the White River
through 2015 in the amount of $62,500.00.
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 and made a part hereof.
PASSED and APPROVED this 17ti' day of February, 2015
ATTEST:
By: il. 4 'X�
SONDRA E. SMITH, City Clerk/Treasurer
City of Fayetteville, Arkansas
m
r�
Text File
File Number: 2015-0050
Agenda Date: 2/17/2015
In Control: City Council
Version: 1
113 West Mountain Street
Fayetteville, AR 72701
479-575-8323
Status: Passed
File Type: Resolution
Agenda Number: A. 7
WATERSHED CONSERVATION RESOURCE CENTER TASK ORDER NO. 2:
A RESOLUTION TO APPROVE TASK ORDER NO.2 WITH THE WATERSHED
CONSERVATION RESOURCE CENTER FOR CONTINUED MAINTENANCE OF PREVIOUSLY
COMPLETED STREAM RESTORATION PROJECTS AT NIOKASKA CREEK AND THE WHITE
RIVER THROUGH 2015 IN THE AMOUNT OF $62,500.00, AND TO APPROVE 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 Task Order No. 2
with the Watershed Conservation Resource Center for continued maintenance of previously completed
stream restoration projects at Niokaska Creek and the White River through 2015 in the amount of
$62,500.00.
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 and made a part hereof.
City of Fayetteville, Arkansas Page 1 Printed on 2118/2015
11
Chris Brown
Submitted By
City of Fayetteville Staff Review Form
2015-0050
Legistar File ID
2/17/2015
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
1127/2015
Submitted Date
Action Recommendation:
Engineering /
Development Services Department
Division / Department
Approval of Task Order No. 02 in theamount of $62,500 with the Watershed Conservation Resource Center for
continuing native vegetation establishment efforts and performing minor adjustments within the stream as
necessary to ensure the continued success of completed restoration projects along with the associated budget
adjustment.
Budget Impact:
4470.9470.5314.00 and 5400.5800.5314.00 4470 -Sales Tax Capital Improvements and 5400 -
Water and Sewer
Account Number
02097.2015 and 13015.1001
Project Number
Budgeted Item? Yes
Fund
�tormwater Ltuamy management imormwaier
Wuality Mgmt/Nutrient Reduct) and Wastewater
Trootmont /VV�tor (ii-10ty Imnrrnmmantc
Project Title
Current Budget
Funds Obligated
Current Balance
Does item have a cost? Yes Item Cost
Budget Adjustment Attached? Yes Budget Adjustment
Previous Ordinance or Resolution # 126-13
Original Contract Number:
Comments:
Remaining Budget
$ 1,754,248.00
$ 400,330.39
$ 1,353,917.61
$ 62,500.00
$ 4,100.00
$ 1,295,517.61
Approval Date: (�-- I -�li 5
V20140710
CITY OF
Fay7eevle
ARKANSAS
MEETING OF FEBRUARY 17, 2015
TO: Mayor and City Council
I
CITY COUNCIL AGENDA MEMO
THRU: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
Chris Brown, City Engineer
FROM: Alan Pugh, Staff Engineer
DATE: January 27, 2015
SUBJECT: Approval of Task Order No. 02 in the amount of $62,500 with the Watershed
Conservation Resource Center for continuing native vegetation establishment efforts
and performing minor adjustments within the stream as necessary to ensure the
continued success of completed restoration projects along with the associated budget
adjustment.
RECOMMENDATION:
Staff recommends approval of Task Order No. 02 in the amount of $62,500 with the Watershed
Conservation Resource Center for continuing native vegetation establishment efforts and -
performing minor adjustments within the stream as necessary to ensure the continued success
of completed restoration projects and the associated budget adjustment
BACKGROUND:
On January 7, 2014, City Council approved Resolution Number 5645 to waive competitive
bidding and enter into a memorandum of understanding (MOU). with the Watershed -.
Conservation Resource Center (WCRC) expressing the City's desire to work jointly with the
WCRC to identify, fund and completed stream restoration project and work together on nonpoint
source (NPS) related issued associated with reducing nutrients and improving riparian and other
natural areas. To that degree, the City and WCRC have completed several restoration projects
though this partnership. These projects included, but are not limited to, the White River
Riverbank Stabilization Project, Niokaska Creek within Sweetbriar Park, Niokaska Creek within
Gulley Park and the West Fork of White River Airport Site
DISCUSSION:
The MOU (Effective date January 9, 2014) outlines a process by which task orders can be
developed for various activities that are in line with the goal of reducing NPS pollution and
restoring the City's streams. Task Order No 2 is presented pursuant to the MOU and consists
of continuing efforts to establish and maintain dense native vegetation as well as make minor
modifications as necessary to the stream to ensure the continued success of the completed
restoration projects.
Establishment of a high-density riparian zone consisting of native vegetation is critical in
creating stream and river restoration project that will, upon maturity of the vegetation, be able to
withstand the power of future flood events. This can take several growing seasons to achieve
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
and ensure the native species are not overrun with invasive species. Also, minor adjustments
occasionally need to be conducted within the stream or river channel restoration area to prevent
cumulative degradation of the restoration project. This task order will provide funding to the
WCRC to conduct activities that help to ensure establishment healthy, native vegetation and the
channel stability of the restoration projects. This in turn will help to project the investments
made by the City of Fayetteville to improve water quality, habitat and recreational values of our
local streams and water bodies.
BUDGET/STAFF IMPACT:
The Stormwater Quality Management/Nutrient Reduction project has been designated in part to
fund projects that improve stormwater quality in the City of Fayetteville and would be proposed
as the source for a portion of the matching funds ($44,400). Funding from this project also
includes participation from the Parks and Recreation Department ($4,100) as well as the Water
and Sewer Department ($14,000) as both of these Departments are directly impacted by the
work included in the task order. Task Order #2 totals $62,500 for one year of maintenance
services.
Attachments:
Task Order.No. 2
Ordinance 5354
Memorandum of Understanding
Ctty o Fayettevttle Purchase.; Order Request (PO)
equsi ionNo.: a e:
1/2712615
(Nota Purtliase Order) ".
All PO Requests,�shall be scajrned to the Purcfiasmg a -mad PurcFiasmg@iayettevtllear gov _
P.O Number.
shallnot be made until an actual PO ►ras¢een issued;= _
Vendor 16441 Vendor Watershed Conservation Resource Center CRC
#: Name: )
Mail r Yes r No
Legistar#:
2015.0050
Address:
FOB Point:—
Taxable
Expected Delivery Date:
r Yes r No
City
State:
Zip Code:
Ship to code:
Quotes Attached
f Yes r No
Requester., Alan Pugh
Requester's Employee #:
Extension:
4073
8208
Item
Description
Unit of Issue
Unit Cost
Extended Cost
Account Number
Project.Sub#
Inventory#
Fixed Asset #
1
Niokaska at Gulley - -
Lot
2,500.00
$2,500.00 -
4470.9470.5314.00
020972015
Niokaska at
Gulley
2
Niokaska at Sweetbriar
qQuantit�y
Lot
5,000.00
$5,000.00
4470.9470.5314.00
02097.2015
Niokaska at
Sweethdar
3
White River Stabilization
Lot
14,000.00
$14,000.00
5400.5800.5314.00
13018.1001
White River
Stabilization
4
West Fork at Airport
1
Lot
41,000.00
$41,000.00
4470.9470.5314.00
020972015
West Fork at
Airport
5
$0.00
6
$0.00
7
$0.00..
8
$0.00--
9
-
-
$0.00
. 10
$0.00
Shipping/Handling
Lot
$0.00
Special ns ruc ions:
Subtotal: $62,500.00
Tax: $0.00
- - Total: $62,500:00 --
Approvals:
Mayor: Department Director: Purchasing Manager:
Chief Financial Officer: Budget Director: IT Director.
Dispatch Manager: Utilities Manager. Other:
THE CITY OF FAYETTEVILLE, ARKANSAS
TASK ORDER NO.2
VEGETATION AND CHANNEL STABILITY ESTABLISHMENT
CITY OF FAYETTEVILLE STREAM AND RIVER RESTORATION
PROJECTS
STATE OF ARKANSAS
COUNTY OF WASHINGTON
This Task Order is written pursuant to the Memorandum of Understanding (MOU) as
described in Ordinance No. 5354 executed on January 9, 2014. The referenced MOU
pertains to potential stream restoration projects and associated services with the Watershed
Conservation Resource Center (WCRC). 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 sets forth the project description, project
schedule and associated fees for these services related to maintaining and caring for
stream and river restoration projects -previously constructed that were funded by the City
and grant funds.
Section I - Project Description
This project consists of maintaining stream and river restoration projects whose original
implementation was funded in -part with City funds. Establishment of a high-density riparian
zone consisting of native vegetation is critical in creating stream and river restoration
projects that will, upon maturity of the vegetation, be able to withstand the power of future
flood events. Also, minor adjustments need to be occasionally conducted within the stream
or river channel restoration area to prevent cumulative degradation -of the restoration
project. The WCRC has constructed several stream and river restoration projects using
City funds in combination with federal and state grant funding sources over the past 5
years. To insure the long-term success of these projects, the WCRC has continued to
maintain and care for the projects after the expiration of the original grant, without financial
support from any outside entities. This project will provide funding to the WCRC to conduct
activities that help to establish healthy, native vegetation and channel stability of the
restoration projects in order to protect the investments that the City has made to improve
water quality, habitat, and recreational values of streams located within the City.
Section II - Project Timeframe
The project will be conducted from January 15, 2015 to January 14, 2016.
Section III - Scope of Services
The WCRC will perform services that are targeted to maintain and improve the long-term
functionality of the restoration projects that have been implemented utilizing City Funding.
These services include two major components: 1) Stream restoration activities that help to
THE CITY OF FAYETTEVILLE, ARKANSAS
create long-term stability and 2) Vegetation Management. Stream restoration activities
include but will not be limited to 1) minor hand repairs of structural components of the
restoration 2) removal of unintended gravel deposition within the project site 3) repair of soil
mattresses and 4) re -setting of boulders that may become displaced. Vegetation
maintenance and management activities include but are not limited to 1) irrigation of
vegetation during summer months 2) removal of invasive vegetation and 3) planting
additional native plants to enhance vegetation density. These funds are intended to cover
costs associated with minor and routine maintenance of the sites. Repair of damages to the
projects resulting from large and infrequent flood events is not covered under this
agreement. Sources of funding to repair catastrophic damage will need to be identified if
such damage is to occur.
Section IV - Fees and Payments
WCRC will perform the above -referenced Scope of Services amounts not to exceed
$62,500 for this one year agreement.
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 TASK ORDER to be duly
executed as of the date. and year first herein written._
FOR THE
LLE .
Attest: 'Jand4.-
Sondra Smith, City Clerk e,%wil"Ittif/
FOR WATERSHED CONSERVATION RESOURCE CENTER
s�
ooe ARK rRF o,`
ev �.. •Q1\1 Y ox- • .'9s,
FAYETTEVILLE
�o®j'`� � p �� 6� �a tip•,
By: + ---- Attest:.
Sandi Formica
Date: JZ / /v
11
- - - -
- `.Project ...:
Annual Budget for
Project Establishment
ouracion
of Capital
tong term
(Perpetual) -
e
StreamRestoratIonProject .
ConstructionCompl
Maintenance&'-
-- -
Timellne
Funding,
a
Management;
' etion Date .
Small Repairs
ears
y*
,..Ex ease,1 :.
n
Total annual font
NiokaskaatGulley12/1/2008
$2,500
11/2014-10/2016
2
Niokaska at 5weetbriar
4/1/2011
$5,000
11/2014 -10/2018
3 to 4Dt
White River Stabilization
6/1/2012
$14,000
11/2014 -10/2018:.
3 to 4
West fork at Fayetteville
5/15/2012
$41,000
11/2014 -16/2620
5 to 7
$8 OD0
Municipal Airport
$62,5001 317;500 _ 1 $68,000
*Recommend these numbers be evaluated bi-annually
** Long-term management includes vegetation management expense to maintain native vegetation and remove invasive native vegetation
after project establishment period has been completed and inspection of structures after major storm events.
***Would seek other funders to help cover expense of major repair
t_
ORDINANCE NO. 5645
AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL
COMPETITIVE- BIDDING AND APPROVING A - FIVE ' YEAR
MEMORANDUM . OF -UNDERSTANDING WITH THE WATERSHED
CONSERVATION RESOURCE CENTER TO JOINTLY SEEK FUNDING
AND USE SUCH FUNDING TO DESIGN AND CONSTRUCT STREAM
RESTORATION PROJECTS
WHEREAS, the City of Fayetteville has long worked with the Watershed Conservation
Resource Center (WCRC) and funded quality stream restoration projects successfully completed
by the Center; and
WHEREAS, the provisions of the attached Memorandum of Understanding meet the
City of Fayetteville's need for continuing stream restoration projects at little or no cost to the
City; and
WHEREAS, the Watershed Conservation Resource Center can efficiently and
effectively provide this service 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 to
jointly seek funding and use such funding to design and construct stream restoration pro Itaa d
authorizes Mayor Jordan to sign such Memorandum. _ofFRK / rF
PASSED and APPROVED this 7' day of January, 2014.
L'N&2b707A%9A"MT
ATTEST:
rAYL I I EVILLE
•. AN
est.......•.
B !
SO RA E. SMITH, City Clerkdreasurer
MEMORANDUM OF UNDERSTANDING
Between
Watershed Conservation Resource Center
-1 •
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, conducting 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 have obtained several grants for
restoring streams within the City and surrounding areas and for assessing streams for stability
and contaminant reduction. These projects have brought over $2,300,000 to the City for water
quality and other environmental improvements and have helped to create local partnerships and
outreach opportunities in the areas of river restoration, riparian enhancement, and watershed
planning. Four stream and streambank restoration projects have been implemented that have
resulted in over 4000 tons of sediment and 3,700 lbs of total phosphorus reductions, annually
from streambank erosion, restored both aquatic and terrestrial habitat, protected City
infrastructure, and improved aesthetics of City Parks and other properties. The WCRC currently
has three active projects with the City and other partners to conduct more river restoration and
assess urban streams and riparian areas to identify priority sites in need of restoration. In
addition, the WCRC continues to monitor and maintain the four implemented stream restoration
sites.
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:
I. 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.
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.
2
F. 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
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 famished 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 five 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: formica2watershedconservation.or
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: cbrowngei.fayetteville.ar.us
Sarah Wrede, E.I., Staff Engineer
City of Fayetteville
Phone: 479-575-8206
E-mail: swrede(a 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.
Sandi J. For ,Executive Director
Watershed Conservation Resource Center
1.2 18 t 3
ate
Sondra E. Smith, City Clerk/Treasurer
City of Fayetteville
Cy: :tic
m
All.
4
Sarah Wrede
Submitted By
City of Fayetteville Item Review Form
2013-0244
Legistar File Number
1/712014
City Council Meeting Date -Agenda Item Only
NIA for Non -Agenda Item
Action Required:
i1
Development Services
Department
An ordinance to waive competitive bidding and to enter into a Memorandum of Understanding with
the Watershed Conservation Resource Center to establish a general framework for cooperation to
seek funding and conduct stream restoration projects and to work together on nonpoint source
related issues.
Does this item have a cost? NO
$0.00
Cost of this request
n/a
$0.00
Category or Project Budget
$0.00
Account Number Funds Used to Date
n/a
Program or Project Name
Wei
Program or Project Category
n/a $0.00 n/a
Project Number Remaining Balance Fund Name
Budgeted Item? Budget Adjustment Attached? NO
V20130812
Previous Ordinance or Resolution #
Original Contract Number:
Comments:
afz-ly- c�
`_�OA o` - Q)_� 1 7- -19 - 2A V,
is -/g-/3
71cn. 52 .=._.vD
i. Elt
3
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Tavlteville
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENT CORRESPONDENCE
CITY COUNCIL AGENDA MEMO Council Meeting of January 7, 2014
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: December 18, 2013
Subject: An ordinance to waive competitive bidding and renew a Memorandum of Understanding with the
Watershed Conservation Resource Center to continue a general framework for cooperation to seek
funding and conduct stream restoration projects, and to work together on nonpoint source related
issues.
PROPOSAL
The purpose of this Memorandum of Understanding (MOU) is to establish a general framework for cooperation between
the Watershed Conservation Resource Center (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.
The WCRC- is a -nonprofit organization that strives to protect, -conserve, and restore --natural resources -by utilizing the
watershed -approach, environmental outreach, and providing planning and technical assistance to landowners,
communities, and government. The WCRC principals are regional experts and local leaders in implementing natural
channel design -based stream restorations that meet multiple local and regional objectives relating to river channel
instability, water quality, and ecological services. The WCRC and the City have successfully partnered to receive over
$2,300,000 in federal grants for water quality and other environmental improvements. WCRC has been instrumental in
securing these funds due to their relationships with Federal grant agencies and their proven track record of successful
stream restoration projects. This MOU will establish a continued partnership between the City and WCRC whereby the
WCRC will actively seek grant funding for stream restoration projects in the City of Fayetteville, and will allow the City
the opportunity to quickly take advantage of opportunities identified. The MOU is effective for a period of five years.
RECOMMENDATION
Staff recommends approval of an ordinance to waive competitive bidding and to renew a Memorandum of Understanding
with the Watershed Conservation Resource Center to continue a general framework for cooperation to seek funding and
conduct stream restoration projects and to work together on nonpoint source related issues.
BUDGETIMPACT
The proposed agreement will cause no budget impact. As tasks are identified, a Task Order, with associated fee, will be
developed for approval by the Mayor and City Council.
ORDINANCE NO.
AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL
COMPETITIVE BIDDING AND APPROVING A FINE YEAR
MEMORANDUM OF UNDERSTANDING WITH THE WATERSHED
CONSERVATION RESOURCE CENTER TO JOINTLY SEEK FUNDING
AND USE SUCH FUNDING TO DESIGN AND CONSTRUCT STREAM
RESTORATION PROJECTS
WHEREAS, the City of Fayetteville has long worked with the Watershed Conservation
Resource Center (WCRC) and funded quality stream restoration projects successfully completed
the Center; and
WHEREAS, the provisions of the attached Memorandum .of Understanding meet the
City of Fayetteville's need for continuing stream restoration projects at little or no cost to the
City; and
WHEREAS, the Watershed Conservation Resource Center can efficiently and
effectively provide this service 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 to
jointly seek funding and use such funding to design and construct stream restoration projects and
authorizes Mayor Jordan to sign such Memorandum.
PASSED and APPROVED this 7th day of January, 2014.
APPROVED: ATTEST:
By: By:
.............. -...- --- — y -- ---- ----
LIONELD JORDAN, Mayor _...__.......--..........................-....._____ONDZ2A E-SNIITH;.Czty C1eTreasurer
City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar)
Budget Year Division: Engineering Adjustment Number
2015 Dept.: Development Services
Requestor: Chris Brown
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
Approval of Task Order No. 02 in the amount of $62,500 with the Watershed Conservation Resource Center for
continuing native vegetation establishment efforts and performing minor adjustments within the stream as necessary
to ensure the continued success of completed restoration projects along with the associated budget adjustment.
COUNCIL DATE: 2/17/2015
LEGISTAR FILE ID#: 2015-0050
Ba4-bti a, Fa&
1/28/2015 8:35 AM
Budget Director Date
TYPE:
DESCRIPTION:
GLDATE:
RESOLUTION/ORDINANCE POSTED:
v.20150102
TOTAL
Increase / (Decrease) . Proiect.Sub#
Account Number Expense Revenue Project Sub AT Account Name
4470.9470.5314.00 48,500 - 02097 2015 EX Professional Services
4470.9470.5817.00
(44,400)
- 02097
1
EX
Bridge & Drainage Improve
4470.9470.5314.00
4470.9470.5806.00
(2,090)
(1,941)
- 02045
- 02045
9025
9025
EX
EX
Professional Services
Park Improvements
4470.9470.5315.00
5400.5800.5314.00
(69)
14,000
- 02045
13018
9025
1001
EX
EX
Contract Services
Professional Services
5400.5800.5818.00
(14,000)
- 13018
1
EX
Wastewater Treatment Plant Improvemei
C:\Users\dmccoy\AppData\Roaming\L5\Temp\18070d8d-3d7a-40f2-a14f-5e326a298e50 1 of 1
Q
04 _F AYEr,
V � m
c r'
et„
r
4RKA,,So-
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: Resolution #48-16
File Number: 2016-0067
WATERSHED CONSERVATION RESOURCE CENTER TASK ORDER NO. 4:
A RESOLUTION TO APPROVE TASK ORDER NO. 4 WITH THE WATERSHED CONSERVATION
RESOURCE CENTER IN THE AMOUNT OF $79,500.00 FOR CONTINUED NATIVE VEGETATION
ESTABLISHMENT EFFORTS AND MINOR ADJUSTMENTS TO EXISTING RESTORATION AREAS
TO ENHANCE STREAM CHANNEL STABILITY
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 Task Order No. 4
with the Watershed Conservation Resource Center in the amount of $79,500.00 for continued native
vegetation establishment efforts and minor adjustments to existing restoration areas to enhance stream
channel stability.
PASSED and APPROVED on 2/16/2016
Page 1
Attest:
Sondra E. Smith, City Clerk Treasurer
��; °0°°.
Y OF
FAYETT
EVILLE;_
�� � li ON %; ee°e
Printed on 2117116
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
:i Text File
File Number: 2016-0067
Agenda Date: 2/16/2016 Version: 1 Status: Passed
In Control: City Council Meeting
Agenda Number: D. 1
File Type: Resolution
WATERSHED CONSERVATION RESOURCE CENTER TASK ORDER NO. 4-
A RESOLUTION TO APPROVE TASK ORDER NO. 4 WITH THE WATERSHED
CONSERVATION RESOURCE CENTER IN -THE AMOUNT OF $79,500.00 FOR CONTINUED
NATIVE VEGETATION ESTABLISHMENT EFFORTS AND MINOR ADJUSTMENTS TO
EXISTING RESTORATION AREAS TO ENHANCE STREAM CHANNEL STABILITY
- 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 Task Order No.
4 with the Watershed Conservation Resource Center in the amount of $79,500.00 for continued nativ
vegetation establishment efforts and minor adjustments to existing restoration areas to enhance stream e
channel stability.
C/ty of Fayetteville, Arkansas Page 1
Printed on 2/17/2016
Chris Brown
Submitted By
City of Fayetteville Staff Review Form
2016-0067
Legistar File ID
2/16/2016
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
2/2/2016 Engineering /
Development Services Department
Submitted Date Division / Department
Action Recommendation:
Approval of Task Order No. 04 in the amount of $79,500 with the Watershed Conservation Resource Center for
continuing native vegetation establishment efforts and performing minor adjustments within the stream as
necessary to ensure the continued success of completed restoration projects.
Budget Impact:
4470 -Sales Tax Capital Improvements and 5400 -
4470.9470.5314.00 and 5400.5800.5314.00 Water and Sewer
Account Number
02097.2015 and 13018.1501
Project Number
Budgeted Item? Yes
Does item have a cost? Yes
Budget Adjustment Attached? No
Fund
,�iormwaier Quaiity ivianagement t�aormwaier
Wuality Mgmt/Nutrient Reduct) and Wastewater
Trontmont / \Alntor flu-•Iity Imnravemontc
Project Title
Current Budget $ 115,985.98
Funds Obligated $ 36,485.98
Current Balance
k
�x'v
Item Cost $ 79,500.00
Budget Adjustment $ -
Remaining Budget
3
zap R:
V20140710
Previous Ordinance or Resolution # 126-13
Original Contract Number:
Comments:
Approval Date:
I
CITY OF
•
7ay
ARKANSAS
CITY COUNCIL AGENDA MEMO
MEETING OF FEBRUARY 16, 2016
TO: Mayor and City Council
THRU: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
Chris Brown, City Engineer
FROM: Alan Pugh, Staff Engineer -
DATE: February 2, 2016
SUBJECT: Approval of Task Order No. 04 in the amount of $79,500 with -the Watershed
Conservation Resource Center for continuing native vegetation establishment efforts
and performing minor adjustments within the stream as necessary to ensure the
continued success of completed restoration projects.
RECOMMENDATION:
Staff recommends approval of Task Order No. 04 in the amount of $79,500 with the Watershed
Conservation Resource Center for continuing native vegetation establishment efforts and
performing minor adjustments within the stream as necessary to ensure the continued success
of completed restoration projects.
BACKGROUND:
On January 7, 2014, City Council approved Resolution Number 5645 to waive competitive
bidding and enter into a memorandum of understanding (MOU) with the Watershed
Conservation Resource Center (WCRC) expressing the City's desire to work jointly with the
WCRC to identify, fund and completed stream restoration project and work together on nonpoint
source (NPS) related issued associated with reducing nutrients and improving riparian and other
natural areas. To that degree, the City and WCRC have completed several restoration projects
though this partnership. These projects included, but are not limited to, the White River
Riverbank Stabilization Project, Niokaska Creek within Sweetbriar Park, Niokaska Creek within
Gulley Park and the West Fork of White River Airport Site
DISCUSSION:
The MOU (Effective date January 9, 2014) outlines a process by which task orders can be
developed for various activities that are in line with the goal of reducing NPS pollution and
restoring the City's streams. Task Order No 04 is presented pursuant to the MOU and consists
of continuing efforts to establish and maintain dense native vegetation as well as make minor
modifications as necessary to the stream to ensure the continued success of the completed
restoration projects.
Establishment of a high-density riparian zone consisting of native vegetation is critical in
creating stream and river restoration project that will, upon maturity of the vegetation, be able to
withstand the power of future flood events. This can take several growing seasons to achieve
and ensure the native species are not overrun with invasive species. Also, minor adjustments
Mailing Address:
113 W. Mountain Street vvww.fayetteville-ar.gov
Favetteville, AR 72701
occasionally need to be conducted within the stream or river channel restoration area to prevent
cumulative degradation of the restoration project. This task order will provide funding to the
WCRC to conduct activities that help to ensure establishment healthy, native vegetation and the
channel stability of the restoration projects. This in turn will help to project the investments
made by the City of Fayetteville to improve water quality, habitat and recreational values of our
local streams and water bodies.
BUDGET/STAFF IMPACT:
The Stormwater Quality Management/Nutrient Reduction project has been designated in part to
fund projects that improve stormwater quality in the City of Fayetteville and would be proposed
as the source for a portion of the matching funds ($65,500). Funding from this project also
includes participation from the Water and Sewer Department ($14,000) as they are directly
impacted by the work included in the task order. Task Order #4 totals $79,500 for one year of
maintenance services.
Attachments:
Task Order No. 04
Ordinance 5354
Memorandum of Understanding
City of Fayetteville - Purchase Order Request (PO)
Requisition No.:
ate:
(Not a Purchase Order)
2/2/2016
All PO Requests shall be scanned to the Puchasin e-mail: P.urrhasing@f;�yetteVille-ar.gov.
P.O Number:
Purchase shall not be made until an actual PO has been issued.
Vendor 16441
#:
Vendor
Name: Watershed Conservation Resource Center (WCRC)
Mail
I— Yes F No
Legistar#:
Address:
FOB Point:
Taxable
2016-0067 `.
l Yes ife No
Expected Delivery Date:
City: State:
Zip Code: Ship to code: '
Quotes Attached
r- Yes I✓ No
Requester. Alan Pugh
Requester's Employee #:.
Extension:
Item Description Quantity Unit of Issue Unit Cost Extended Cost
Account Number
Project.Sub#
Inventory #
Fixed Asset #
1 Niokaska at Gulley 1 Lot 2,500:00 $2,500.00
4470.9470.5314 00 `
02097.2015
Niokaska at= `
Gulley
2
Niokaska at Sweetbriar
1
Lot
5,000.00
$5,000.00
4470.9470.5314.00
02097.2015
Nlokaska at
Sweetbriar
3
White River Stabilization
1
Lot
14,000.00
$14,000.00
5400.5800.5314.00
13018.1501
White River
Stabilization
4
West Fork at Airport
1
Lot
58,000.00
$5810.00.00
4470.9470.5314.00
02097.2015
West Fork at
Airport
5
$0.00
6
$0.00
7
$0.00
s
$0.00
9
$0.00
10
$0.00
Shipping/Handling Lot $0:00
Special Instructions:
Subtotal: $79,500.00
Tax: $0.00
Total: $79,500.00
Approvals:
Mayor: Department Director: Purchasing Manager:
Chief Financial Officer: Budget Director: IT Director:
Dispatch Manager: Utilities Manager: Other:
Revised 6/18/2014
THECITY OF:FAYEiCEVf6LE, ARKi1N.5A5::
This Task Order is written pursuant to the Memorandum of Understanding (MQU) as
described in Ordinance No. 5354 executed on January 9, 2014. The referencedMOd
pertains topotential stream restoration projects and associated services,with the Watershed,
Conservation "Resour'ce Center, (WCRC). This Task Order entered into. and executed,on the
date indicated below the signature block by and between the City of Fayettevi.He'and
Watershed Conservation Resource Center sets forth the project description, project
schedule and associated fees for these services related to maintaining and caring for
stream: and, river restoration projects previously constructed that were funded by.the City
and g"rantfunds.
Section l - Project Description
This project consists of maintaining stream,and river restoration projects whose original
implementation was funded in -part with City funds. Establishment of a high-density riparian
zone consisting of native vegetation is critical in creating stream and river restoration
projects that will, upon maturity of the vegetation, be able to withstand the power of future
flood events: Also, minor adjustments need to be occasionally conducted within the.stream
or river channel restoration area to prevent cumulative degradation of the restoration
project. The WCRC has constructed several stream and river restoration projects using
City funds in combination with federal and state grant funding sources over the past 5
years. Toinsure the long-term success of these projects, the WCRC has continued to.
maintain and care for the projects after the expiration of the original grant, without financial
support from any outside entities. This project will provide funding to the WCRC to conduct
activities that help to establish healthy, native vegetation and channel stability of the
restoration projects in order to protect the investments that the City has made to improve
water quality, habitat, and recreational values of streams located within the City.
Section 11 - Project Timeframe
The project will be conducted from February 17, 2016 to February 16, 2017.
Section III -Scope of Services
The WCRC will perform services that are targeted to maintain and improve the long-term
functionality of the restoration projects that have been implemented utilizing City Funding.
These services include two major components: 1) Stream restoration activities that help to
THECITY OF.FAYETTEVILLE, ARKANSAS
create long-term stability and 2) Vegetation Management. ;Stream restoration activities
include but will not be limited to 1) minor'hand repairs of structural components of the
restoration 2) removal of unintended gravel deposition within the project site 3) repair of soil
mattresses and 4) r(j-setting'of boulders that may become displaced. Vegetation:
maintenance and' management activities; include but are :not limited to 1) irrigation of ,
vegetation during summer months 2) removal.of-invasive vegetation and 3) planting
additional native plants to enhance vegetation density. These funds are intended to cover
costs associated with minor and routine maintenance of the sites. Repair;of.damages of
projects resulting from infrequent flood events are generally not covered'under this
agreement and will be addressed under supplemental agreements.. But, if necessary.,, these
funds -can be used towards major repairs.
Section IV Fees and Payments
WCRC will perform the;above-referenced Scope of Services,amounts not to exceed
$79,50Q fo`rthis one year agreement.
Section U =Memorandum of.Understandin
g in.Effect
Except as amended specifically herein, the'Memorandum of UnderstandingFayetteville
shall remain in full force as originally approved.
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 Cl F FAXETTEVILLE
—^ Attest:,
Sondra Smith, City Clerk
1°.TRS
• •1• s I
I
��� FAYETTEVILLE �
FOR WATERSHED CONSERVATION RESOURCE CENTER o�y gRKANSP. J=`��
9
yc ���Isiy°°•a°°° G��e°�
By:Attest: Gj—
Sandi Formica
Date: Ee a f2ol w
Duration Long terra W_m"
Project Annual Budget forj Project Establishment of Capital r#R��pnStream Restoration Pro ect ConstructionCompl Maintenance & Timeline Funding Management :rr�-6 "'Ngetion Date Small Repairs,,,x
Niokaska'at Gulley
Niokaska at Sweetbdar
White River Stabilization
West Fork at Fayetteville
Municipal Airport
Recommend these numbers be evaluated bi-annually
** Long-term management includes vegetation management expense to maintain native vegetation and remove invasive native vegetation
after project establishment period has been completed and inspection of structures after, major storm events.
***Would seek other funders to help cover expense of major repair
Total annual funs
$85,000
T
ORDINANCE NO. 5645
AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL
COMPETITIVE BIDDING - AND APPROVING A FIVE YEAR
MEMORANDUM OF UNDERSTANDING WITH THE WATERSHED
CONSERVATION RESOURCE CENTER TO JOINTLY SEEK FUNDING
AND USE SUCH FUNDING TO DESIGN AND CONSTRUCT STREAM
RESTORATION PROJECTS
WHEREAS, the City of Fayetteville has long worked with the Watershed Conservation
Resource Center (WCRC) and funded quality stream restoration projects successfully completed
by the Center; and
WHEREAS, the provisions of the attached Memorandum of Understanding meet the
City of Fayetteville's need for continuing stream restoration projects at little or no cost to the
City; and
WHEREAS, the Watershed Conservation Resource Center can efficiently and
effectively provide this service 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 to
jointly seek funding and use such funding to design and construct stream restoration prokWwT t tlo,,,,
authorizes Mayor Jordan to sign such Memorandum. ���•� Tr
' G\i Y pF .sG�y
PASSED and APPROVED this 7th day of January, 2014. =c>>^
FAYETTEVILLE
APPROVED: ATTEST:y�
,ti-
*";�'V iiti io! f l
By i? c� By: i
414vlr�6
LI E D JO�MA, Mayor SON RA E. SMITH, City Clerk/Treasurer
MEMORANDUM OF UNDERSTANDING
Between
Watershed Conservation Resource Center
:,_.
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 maintaininga. 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, conducting 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 have obtained several grants for
restoring streams within the City and surrounding areas and for assessing streams for stability
and contaminant reduction. These projects have brought over $2,300,000 to the City for water
quality and other environmental improvements and have helped to create local partnerships and
outreach opportunities in the areas of river restoration, riparian enhancement, and watershed
planning. Four stream and streambank restoration projects have been implemented that have
resulted in over 4000 tons of sediment and 3,700 lbs of total phosphorus reductions, annually
from streambank erosion, restored both aquatic and terrestrial habitat, protected City
infrastructure, and improved aesthetics of City Parks and other properties. The WCRC currently
has three active projects with the City and other partners to conduct more river restoration and
assess urban streams and riparian areas to identify priority sites in need of restoration. In
addition, the WCRC continues to monitor and maintain the four implemented stream restoration
sites.
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.
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.
4
F. IT IS MUTUALLY AGREED AND UNDERSTOOD BY ALL PARTIES THAT:
1. FREEDOM OF INFORMATION ACT fFOIA). 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 five 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: fonnica@,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., Staff Engineer
City of Fayetteville
Phone: 479-575-8206
E-mail: swrede@ci.fMetteville.ar.us
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.
Sandi J. For , xecutive Director
Watershed Conservation Resource Center
fa �8 13
ate
�;ioneld Jord , M or ate
City of Fay ttev' e
'a'&'�J.&,-
Sondra E. Smith, City Clerk/Treasurer
City of Fayetteville
GVT Y 0"'
1� o .0
FAVETTEVTLLE :�0=
uIBMu��u a�u
Date
0
Sarah Wrede
Submitted By
I
City of Fayetteville Item Review Form
2013-0244
Legistar File Number
1/7/2014
City Council Meeting Date - Agenda Item Only
NIA for Non -Agenda Item
Action Required:
Development Services
Department
An ordinance to waive competitive bidding and to enter into a Memorandum of Understanding with
the Watershed Conservation Resource Center to establish a general framework for cooperation to
seek funding and conduct stream restoration projects and to work together on nonpoint source
related issues.
Does this item have a cost? No
$0.00
Cost -of this request
n/a
Account Number
$0.00
Category or Project Budget
$0.00
Funds Used to Date
n/a
Program or Project Name
n/a
Program or Project Category
n/a $0.00 n/a
Project Number Remaining Balance Fund Name
Budgeted Item? Budget Adjustment Attached? No
V20130812
Previous Ordinance or Resolution #
Original Contract Number:
Comments:
✓L-- lZ-t�- C3
7-_19-2,613
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Eid Eii
QI4!
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: December 18, 2013
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENT CORRESPONDENCE
Council Meeting of January 7, 2014
Subject: An ordinance to waive competitive bidding and renew a Memorandum of Understanding with the
Watershed Conservation Resource Center to continue a general framework for cooperation to seek
funding and conduct stream restoration projects and to.work together on nonpoint source related
issues.
PROPOSAL
The purpose of this Memorandum of Understanding (MOU) is to establish a general framework for cooperation between
the Watershed Conservation Resource. Center (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 chatuiel design approach and 2) to work together on nonpoint source (NPS) related issues associated
with reducing nutrients and improving riparian and other natural areas.
The WCRC is a nonprofit organization that strives to protect, conserve, and restore natural resources by utilizing the
watershed approach, environmental outreach, and providing planning and technical assistance to landowners,
communities, and government. The WCRC principals are regional experts and local leaders in implementing natural
channel design -based stream restorations that meet multiple local and regional objectives relating to river channel
instability, water quality, and ecological services. The WCRC and the City have successfully partnered to receive over
$2,300,000 in federal grants for water quality and other environmental improvements. WCRC has been instrumental in
securing these funds due to their relationships with Federal grant agencies and their proven track record of successful
stream restoration projects. This MOU will establish a continued partnership between the City and WCRC whereby the
WCRC will actively seek grant funding for stream restoration projects in the City of Fayetteville, and will allow the City
the opportunity to quickly take advantage of opportunities identified. The MOU is effective for a period of five years.
RECOMMENDATION
Staff recommends approval of an ordinance to waive competitive bidding and to renew a Memorandum of Understanding
with the Watershed Conservation Resource Center to continue a general framework for cooperation to seek funding and
conduct stream restoration projects and to work together on nonpoint source related issues.
BUDGETIMPACT
The proposed agreement will cause no budget impact. As tasks are identified, a Task Order, with associated fee, will be
developed for approval by the Mayor and City Council.
ORDINANCE NO.
AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL
COMPETITIVE BIDDING AND APPROVING A FIVE YEAR
MEMORANDUM OF UNDERSTANDING WITH THE WATERSHED
CONSERVATION RESOURCE CENTER TO JOINTLY SEEK FUNDING
AND USE SUCH FUNDING TO DESIGN AND CONSTRUCT STREAM
RESTORATION PROJECTS
WHEREAS, the City of Fayetteville has long worked with the Watershed Conservation
Resource Center (WCRC) and funded quality stream restoration projects successfully completed
the Center; and
WHEREAS, the provisions of the attached Memorandum of Understanding meet the
City of Fayetteville's need for continuing stream restoration projects at little or no cost to the
City; and
WHEREAS, the Watershed Conservation Resource Center can efficiently and
effectively provide this service 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 to
jointly seek funding and use such funding to design and construct stream restoration projects and
authorizes Mayor Jordan to sign such Memorandum.
PASSED and APPROVED this 7th day of January, 2014.
APPROVED:
By:
LIONELD JORDAN, Mayor
ATTEST:
215A
SONDRA E. SMITH, City Clerk/Treasurer