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HomeMy WebLinkAbout91-17 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Resolution: 91-17 File Number: 2017-0178 WATERSHED CONSERVATION RESOURCE CENTER: A RESOLUTION TO APPROVE TASK ORDER NO. 5 WITH THE WATERSHED CONSERVATION RESOURCE CENTER IN THE AMOUNT OF $100,500.00 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 $100,500.00 for continued native vegetation establishment efforts and minor adjustments to existing restoration areas to enhance stream channel stability. PASSED and APPROVED on 4/18/2017 Page 1 Attest: Sondra E. Smith, Ci1fia�{it'r, ��,'•+GST Y r. U� • FAYETTEVILLE • = To Printed on 4119117 City of Fayetteville, Arkansas 113 West Mountain Street r Fayetteville, AR 72701 =1, (479) 575-8323 Text File File Number: 2017-0178 Agenda Date: 4/18/2017 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 9 WATERSHED CONSERVATION RESOURCE CENTER: A RESOLUTION TO APPROVE TASK ORDER NO. 5 WITH THE WATERSHED CONSERVATION RESOURCE CENTER IN THE AMOUNT OF $100,500.00 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 $100,500.00 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 411912017 City of Fayetteville Staff Review Form 7_01 7F Legistar He lid 4/18/2017 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item / Chris Brown 3/23/2017 Engineering Development Services Department Submitted By Submitted Date Division / Department Action Recommendation: Approval of Task Order No. 05 in the amount of $100,500 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: 4470.621.8810-5314.00 and 4470 -Sales Tax Capital Improvements and 5400 - 5400.5800.5314.00 Water and Sewer Account Number 02097.2015; 13018.1501; 13018.1601 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? No Previous Ordinance or Resolution # Original Contract Number: Comments: 126-13 Fund aiormwaier Quamy Ivlanagememt t-mormwaier Wuality Mgmt/Nutrient Reduct) and Wastewater JrQ2tmonjI Wntor niinNtu Imnrnuomontc Project Title Current Budget $ 101,247.56 Funds Obligated $ Current Balance Item Cost $ 100,500.00 Budget Adjustment $ - Remaining Budget Approval Date: V20140710 CITY OF Fa y"• M Ti Iie ARKANSAS MEETING OF APRIL 18, 2017 TO: Mayor and City Council THRU: Don Marr, Chief of Staff Chris Brown, City Engineer FROM: Alan Pugh, Staff Engineer DATE: March 29, 2017 CITY COUNCIL AGENDA MEMO SUBJECT: Approval of Task Order No. 05 in the amount of $100,500 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. 05 in the amount of $100,500 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). The resolution expressed the City's desire to work jointly with the WCRC to identify, fund and complete stream restoration projects, work together on nonpoint source (NPS) related issues 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 include, 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. Since that time, much work has been performed on the completed projects. This includes the continued establishment of high density native vegetation in the riparian area as well as repairs to the existing projects. Perhaps the most extensive repair was to the West Fork White River Airport project last year. That project included the repair and extension of certain structures in order to further protect the stream. Several stakeholders including the Arkansas Natural Resources Commission ($36,000), the City of Fayetteville ($84,360), Beaver Watershed Alliance ($35,000) and WCRC ($100,720) contributed funding in order to ensure the project's successful completion. The total cost of the repair was $201,336 and the maintenance portion totaled $54,844 for the airport project last year. 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 Mailing Address: 113 W. Mountain Street www.tayetteville-ar.gov Fayetteville, AR 72701 restoring the City's streams. Task Order No 05 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 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 of 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 ($35,000) as they are directly impacted by the work included in the task order. Task Order #5 totals $100,500 for one year of maintenance services. Attachments: Task Order No. 05 Ordinance 5645 Memorandum of Understanding Pictures of Airport Repair THE CITY OF FAYETTEVILL.E, ARKANSAS TASK ORDER NO. 5 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 ongoing maintenance of 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 8 years. To insure the long-term success of these projects, the WCRC has continued to maintain and care for the projects, at their own expense after the expiration of the original grant. In 2015, the City began to provide financial support for ongoing maintenance activities in order to foster long-term success of these projects. 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 April 1, 2017 to March 31, 2018. THE CITY OF FAYEI r-WI.E, ARKANSAS 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 maintenance activities that help to create long-term stability and 2) Vegetation Management. Stream restoration maintenance 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 damage to projects resulting from large 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 $100,500 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. 3e7 Dat Attest: Lerg a L. &14Z/_4 Sondra Smith, City Clerk �! ! t19e,A�� r r �; FAYETTEVILLE; FOR WATERSHED CONSERVATION RESOURCE CENTER do ��•�q� C3 .0±Z By, �— Attest. Sandi J. Formica Date_ 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 proiJ{tag ldlj., authorizes Mayor Jordan to sign such Memorandum. �;�''r,, a•'� • G1i Y C7,4, •SCi�t� PASSED and APPROVED this 7th day of January, 2014. RY7TEVILLE.-:10, APPROVED: ATTEST:%• kA NO. !r / r1;Z, G T Ol l llti� By LI By: XD04"� 4uv?�6 SON RA E. SMITH, City Clerk/Treasurer L=J IB MEMORANDUM OF UNDERSTANDING Between Watershed Conservation Resource Center :ro 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 FAYETTEV_ILLE 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. 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 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: formica a7watershedconservation.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&i,fayettcville.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 /if II ate ioneld Jord , M or ate City of Fay ttevJ e ,0& J.&'- Sondra E. Smith, City Clerk/Treasurer City of Fayetteville 16N Y Op ��'! TR�q f✓~moi FAYETTEVP LE'� ' 10-1-0 9 -e� Date 4 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 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 n/a $0.00 Category or Project Budget $0.00 n/a n/a Funds Used to Date $0.00 n/a Program or Project Name Program or Project Category Project Number Remaining Balance Fund Name Budgeted Item? Budget Adjustment Attached? No V20130812 Previous Ordinance or Resolution # Original Contract Number: Eti ER Comments: E17 ER 13 /09-8-/3 You Athis an application that is not licensed to print to novaPDF printer (http:tlww+ww.novapdf.com) eLteL—VI leSM 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. HUDGET IMPACT The proposed agreement will cause no budget impact. As tasks are identified, a Task Order, with associated fee, will be developed for approval by the Mayor and City Council. ORDINANCE NO. AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVING A 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 7t" day of January, 2014. APPROVED: By: LIONELD JORDAN, Mayor ATTEST: By: SONDRA E. SMITH, City Clerk/Treasurer 0 WFWR Aiport Proiect Before Repair After Repair