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HomeMy WebLinkAbout58-18 RESOLUTIONfit,; {tiYFFFfFy f 5. �KAN6F 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 58-18 File Number: 2018-0103 WATERSHED CONSERVATION RESOURCE CENTER TASK ORDER NO. 6: A RESOLUTION TO APPROVE TASK ORDER NO. 6 WITH THE WATERSHED CONSERVATION RESOURCE CENTER IN THE AMOUNT OF $25,140.00 FOR THE REPAIR OF FLOOD DAMAGE TO THE STREAM RESTORATION PROJECT AT SWEETBRIAR PARK 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. 6 with the Watershed Conservation Resource Center in the amount of $25,140.00 for the repair of flood damage to the stream restoration project at Sweetbriar Park. PASSED and APPROVED on 2/20/2018 Attest: Sondra E. Smith, City Clerk Treasurer "%%-'0111111111 hYC1-Ti"Val_l.L Page 1 Printed on 2121118 :. City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 µ (479) 575-8323 6 Text File File Number: 2018-0103 Agenda Date: 2/20/2018 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 6 WATERSHED CONSERVATION RESOURCE CENTER TASK ORDER NO. 6: A RESOLUTION TO APPROVE TASK ORDER NO. 6 WITH THE WATERSHED CONSERVATION RESOURCE CENTER IN THE AMOUNT OF $25,140.00 FOR THE REPAIR OF FLOOD DAMAGE TO THE STREAM RESTORATION PROJECT AT SWEETBRIAR PARK 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. 6 with the Watershed Conservation Resource Center in the amount of $25,140.00 for the repair of flood damage to the stream restoration project at Sweetbriar Park. CityoiFayetteville, Arkansas Page 1 Printed on 212112018 Byron Humphry Submitted By City of Fayetteville Staff Review Form 2018-0103 Legistar File ID 2/20/2018 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 2/2/2018 PARKS & RECREATION (520) Submitted Date Division / Department Action Recommendation: Staff recommends approval of Task Order No. 6 in the amount of $25,140 with the Watershed Conservation Resource Center to repair flood damage to the stream restoration project at Sweetbriar Park. Budget Impact: 4270.900.9280.5314.00 4270 - Disaster and Replacement Account Number Fund 31702.1 FEMA Flood 2017 Project Number Project Title Budgeted Item? Yes Current Budget $ 516,250.00 Funds Obligated $ Current Balance $ 516,250.00 Does item have a cost? Yes Item Cost $ 251140.00 Budget Adjustment Attached? No Budget Adjustment Remaining Budget $ 491,110.00 Previous Ordinance or Resolution # 2018-0080 x20140710 Original Contract Number: Approval Date: Comments: CITY OF FA,YETTEVILLE ARKANSAS MEETING OF FEBRUARY 20, 2018 TO: Mayor and City Council CITY COUNCIL MEMO THRU: Don Marr, Chief of Staff Connie Edmonston, Parks and Recreation Director FROM: Byron Humphry, Parks Maintenance Superintendent DATE: February 2, 2018 SUBJECT: Approval of Task Order No. 6 in the amount of $25,140 with the Watershed Conservation Resource Center to repair flood damage to the stream bank restoration project at Sweetbriar Park. RECOMMENDATION: Staff recommends approval of Task Order No. 6 in the amount of $25,140 with the Watershed Conservation Resource Center to repair flood damage to the stream restoration project at Sweetbriar Park. 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. In April, 2017, the NW AR region experienced significant flooding that resulted in a declaration of disaster by the Governor that qualified the region for federal funding through FEMA to repair flood damaged infrastructure. The Sweetbriar Stream Restoration project was damaged in the flood. WCRC provided an estimate of repair of the damaged streambank and structures including mitigation efforts to prevent future failure in the amount of $25,140. Staff met with FEMA officials to discuss the estimate and determine eligibility of the repair. FEMA officials submitted a project worksheet to provide federal assistance in the amount of $8,084.02. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 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 6 is presented pursuant to the MOU and consists of efforts to make repairs as necessary to the Sweetbriar Stream Restoration Project to ensure the continued success of the restoration project. The Sweetbriar restoration project repaired and protected an incised and eroded stream bank, stabilizing the bank and preventing erosion and sediment deposition into the stream. The project also protects a 36" water line that runs underneath the creek. Prior to the restoration project, this high-pressure water line was exposed and vulnerable to damage. A permanent repair of the flood damaged restoration project is essential to protect the integrity of both the shoreline and the 36" waterline. BUDGET/STAFF IMPACT: Task Order No 6 to repair the streambank is $25,140 which will come from the Disaster and Replacement Fund. FEMA approved a project total of $8,084 for the Sweetbriar restoration repair and will pay 75% of that total, or $6,063. The net cost of the project repair after FEMA funding is received will be $19,077. Attachments: Task Order No. 6 Ordinance 5645 Memorandum of Understanding THE CITY OF FAYCT rI VII_LF, ARKANSAS TASK ORDER NO. 6 MITIGATION OF FLOOD DAMAGE TO SWEETBRIAR PARK STREAM RESTORATION PROJECT 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 The stream restoration project on Niokaska Creek at Sweetbriar Park was implemented in 2011 using EPA 319(h) grant funding administered by Arkansas Natural Resources Commission. Matching funds were provided by the City of Fayetteville. The goals of the project included, protection of civil infrastructure, reduction of streambank erosion, reduction of loss of park lands, mature trees, and playground equipment, improvement of water quality, and development of complimentary aesthetics to the surround park. In order to achieve these objectives, a restoration plan was developed using the Natural Channel Design Approach. The approach allowed the project to meet all of the project goals. Flooding in April 2017 resulted in damage to portions of the restoration project area. Gage heights from a variety of USGS gage stations within close proximity to the project indicate that the flooding that took place in 2017 resulted in the highest water levels observed since operation of those gage stations began. Damage to the project occurred primarily in the vicinity of the 36" high-pressure water main which crosses the channel of Niokaska Creek. Temporary repairs have been made to the site, but those efforts are intended to temporarily protect areas of scour until a resilient repair can be made. The Federal Emergency Management Agency (FEMA) has approved a budget to reimburse the city for a portion of the estimated costs to implement the appropriate repair strategy. A description of the damage to the project and budget justification is presented in Attachment 1. The WCRC will utilize City disaster funds to restore the damaged portion of the stream that passes through the park to a condition that is more resilient to flood damage. THE CITY OF 4 AYETTEVII I.F, AR KANSAS Section II - Project Timeframe The project will be conducted from February 21, 2018 to February 28, 2019, Section III - Scope of Services The WCRC will develop and implement a repair plan that conforms to the existing features of the restoration site that were unaffected by the 2017 flooding. The repair will utilize the principles of Natural Channel Design as was the basis for the original project. The final product will achieve a more resilient restoration with an aesthetic that compliments the existing project and adjacent parkland. Project administration includes financial tracking and reporting, procurement of contractors and materials, and coordination among project partners and contractors. All procurement measures must follow procedures approved by the City of Fayetteville. A repair plan including all technical design elements will be developed. Implementation of streambank restoration repair includes obtaining ADEQ authorization, coordinating construction material deliveries, securing equipment and contractor, overseeing heavy equipment construction, performing minor construction, and re -vegetating the area where repairs are to be made. Section IV - Fees and Payments WCRC will perform the above -referenced Scope of Services for a total cost NTE $25,140. A breakdown of the estimated project expenses is shown in Attachment 1. Section V - Memorandum of Understanding in Effect Except as amended specifically herein, the Memorandum of Understanding Fayetteville shall remain in full force as originally approved. IN WITNESS WHEREOF, the parties hereto have caused this TASK ORDER to be duly executed as of the date and year first herein written. FOR TH ITY OF YE TEVIL E B - _ _ Attest: r ayor el Jordan Sondra Smith, City Clerk Date: - -� FORW TERSHED CONSERVATION RESOURCE CENTER;°'-- ';� : t YET_TEVlLjj. By: - _ _ Attest:") y Sandi J, Formica Matthew A. Van Ep c P'".►9;kN R�•t',ti�` Date: Attachment 1 Niokaska Creek Streambank Flood Repair Repair Budget Justification The stream restoration project on Niokaska Creek at Sweetbriar Park was implemented in 2011 using EPA 319(h) grant funding administered by Arkansas Natural Resources Commission. Matching funds were provided by the City of Fayetteville. The goals of the project included, protection of civil infrastructure, reduction of streambank erosion, protection and reduction of loss of park lands, mature trees, and playground equipment improvement of water quality, and development of complimentary aesthetics to the surround park. In order to achieve these objectives, a restoration plan was developed using the Natural Channel Design Approach. The approach allowed the project to meet all of the project goals. A major piece of civil infrastructure, in the form of a 36" high-pressure water main was protected by the stream restoration work. The water line is encased in concrete as it crosses the width of the channel. once the water line goes under the restored streambank on river left. It is no longer protected by concrete and therefor a robust restoration Too Wood Bench - Section Octal approach to protect the line was Figurr.=1 Design schematic for "Toe -wood" structw*e constructed on Niokosko critical. The primary design element Creek at.5wipethrxorPorkin2011, for creating a resilient and natural looking streambank was the utilization of a Natural Channel Design Technique commonly referred to as "toe -wood." Toe -wood uses a combination of logs, large boulders, gravels, and native vegetation planted at a high density. A basic schematic of the toe -wood design is shown in Figure 1. A picture of the streambank created with the use of a toe -wood structure at Sweetbriar Park, after four years of growth, is shown in Figure 2. Figure 2 Restored streambank (right) in September 2016. The bank was restored using "toe -wood" construction. Note extent of vegetotion pr esent olong the edge of book. I Flood Mitigation Repairs Niokaska Creek at Sweetbriar Park - Project Budget Justification ? x Figure 2 Restored streambank (right) in September 2016. The bank was restored using "toe -wood" construction. Note extent of vegetotion pr esent olong the edge of book. I Flood Mitigation Repairs Niokaska Creek at Sweetbriar Park - Project Budget Justification Attachment 1 Flooding in April 2017 resulted in damage to portions of the restoration project area. Gage heights from a variety of USGS gage stations within close proximity to the site indicate that the flooding that took place in 2017 resulted in the highest water levels observed since operation of those gage stations. Damage to the project occurred primarily in the vicinity of the 36" high-pressure water main which crosses the channel of Niokaska Creek. Excessive centrifugal velocities resulting from the flash flooding caused scour of the vegetation, soil, and substrate from the toe -wood bench along a 75' linear feet extent of streambank, including the area where the water main crosses the channel. The maximum amount of lateral scour was approximately 12 feet. A photograph of the damaged area is shown in Figure 3. Sr� �r, ,..• r � . kms' _. Figure 3 Area of scour that occurred olong Niokaska Creek near the 36 inch high pressure water line. The damage occurred during extreme flooding that occurred in late April 2017. As a temporary measure aimed at preventing the scour and loss of any additional streambank cover over the water line, the City of Fayetteville placed fill along the edge of the scoured streambank. This fill consists primarily of gravel with some rip -rap and a few boulders. The intent of this temporary fill was to allow floodwaters from floods that occur prior to implementation of a repair that restored the site to its previous condition to scour the temporary fill, rather than scouring the remaining portions of the original project. It can be said with certainty, that the temporary fill placed along the damage area will be scoured away and moved downstream with the first significant flood that takes place. Since the fill was placed, no floods or high water have occurred. In addition, the temporary fill was not placed in a manner that resulted in re-establishment of the proper stream morphology. Without correcting the 2 Flood Mitigation Repairs Niokaska Creek at Sweetbriar Park - Project Budget Justification Attachment 1 radius of curvature where the scour occurred and the fill was placed, the long-term resiliency of the stream restoration project is at risk. The temporary fill in-place today will not protect the waterline or streambank against the smallest of future floods. A photograph of the temporary repair is shown in Figure 4. Figure 4 Temporary fill was placed along the scoured streambank of Niokaska Creek. The temporaryfill will mobilize and be washed owoy from the scoured area that is protected by this short-term and temporary effort. The budget presented in Table 1 includes the material, labor, and engineering costs required to restore the site to the condition that existed prior to the flooding of 2017. Material procurement includes structural materials such as trees and boulders needed to reconstruct the toe -wood bench shown in Figure 1. There is an existing 30 tons of rock on site that will be used in the construction of the toe - wood bench. An additional 35 tons of boulders are needed to provide additional protection. Erosion control fabric material consisting of Bio -D Blocks, is needed to create encapsulated soil mattresses that allow for construction of the soil lifts without soil scour during the vegetation re-establishment period. Native plants will need to be purchased to create streambank roughness that will reduce water velocity and scour potential as the vegetation matures. Labor for constructing and re -planting native vegetation will be required. Construction oversight by the project engineer and project manager will be minimized but is required for correct installation of the repair work. 3 Flood Mitigation Repairs Niokaska Creek at Sweetbriar Park - Project Budget Justification Attachment 1 Estimated Project Budget for Niokaska Creek Stream Restoration Repairs at Sweetbriar Park - Restore to More Resilient Condition ' Cost includes equipment, fuel, and operator 4 Flood Mitigation Repairs Niokaska Creek at Sweetbriar Park - Project Budget Justification Task Item Units Qty Unit Estimated Logs For Toe Wood Cost ($) Cost ($) Repair of Area Near Waterline ea. 30i 80 $2,400.00 Large Boulders ton 35 80 $2,800.00' v U — Top Soil d3 32 20 $640.00 0 0 Native Plants and Seed I.s. 1 500 $500.00 0 - o M Erosion Control Fabric ea. 8 100 $800.00 Z 'M Excavator' hr. 40 150 $6,000.00 o Skidsteer' hr. 40 100 $4,000.00 M vi CL to Site Finishing Labor hr. 80 30 $2,400.00 E e Design and Construction Oversight iEn ineer PE hr. 28 90 $2,520.00 3 Pro'ect Manager hr. 28 110 $3,080.00 0 0 Park Total $25,140.00 ' Cost includes equipment, fuel, and operator 4 Flood Mitigation Repairs Niokaska Creek at Sweetbriar Park - Project Budget Justification 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'ta tlr�Er authorizes Mayor Jordan to sign such Memorandum. � R, .4','�tr PASSED and APPROVED this 71h day of January, 2014. ric': FAYETZt vILLF APPROVED: ATTEST:F,•�9RkAt 45 p`,,•i�� 'do, r `y "'ff4'I ` � OWN i ;0 By: Ait.-& SON RA E. SMITH, City Clerk/Treasurer EXHIBIT >r MEMORANDUM OF UNDERSTANDING Between Watershed Conservation Resource Center And City of Fayetteville This Memorandum of Understanding (MOU) is entered into and executed on the date indicated below the signature block, by and between the Watershed Conservation Resource Center, hereinafter referred to as WCRC, and the CITY OF FAYETTEVILLE. A. PURPOSE The purpose of this MOU is to establish a general framework for cooperation between the WCRC and the CITY OF FAYETTEVILLE to 1) seek funding and conduct stream restoration projects to achieve the common goal of restoring unstable sections of streams to a morphologically stable form utilizing a natural channel design approach and 2) to work together on nonpoint source (NPS) related issues associated with reducing nutrients and improving riparian and other natural areas. Innovative approaches will be used in designing and implementing stream restorations that will result in improved water quality of the City's watersheds and will address severe streambank erosion, while restoring aquatic and terrestrial habitat and maintaining a sustainable, natural hydrology. Such cooperation will serve the parties' mutual interest. B. STATEMENT OF MUTUAL INTERESTS AND BENEFITS The WCRC is a nonprofit organization that strives to protect, conserve, and restore natural resources by utilizing the watershed approach, 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. 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: formieg@watershedconservatlon.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.fayetteville.ar.us Sarah Wrede, E.I., Staff Engineer City of Fayetteville Phone: 479-575-8206 E-mail: swredc&i.fayetteville.anus 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. F., S. f Sandi J. Fo , xecutive Director Watershed Conservation Resource Center ate � _ZZq mneld Jornttevi or ate City of Faye Sondra E. Smith, City ClerlJTreasurer City of Fayetteville �'�ti�11411 IF III,., Op FAY F €VOE 101 0 y -A -- 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 Project Number $0.00 Category or Project Budget $0.00 Funds Used to Date n/a n/a n/a $0.00 n/a Remaining Balance Program or Project Name Program or Project Category Fund Name Budgeted Item? Budget Adjustment Attached? No V20130812 Previous Ordinance or Resolution # Original Contract Number: Comments: `$ o, 1 z-)5,2.6,-� ia_/g-/3 You created this PDF r an application that is not licensed to print to novaPDF printer (httpa/www.novadp f,com) Elaj�R 2 f [q f ' tt-1 BAR KA NS AS _ 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 Fayettevill.e'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 7"' day of January, 2014. APPROVED: By:. - LIONELD JORDAN, Mayor ATTEST: By. — - - SONDRA E. SMITH, City Clerk/Treasurer