No preview available
HomeMy WebLinkAboutORDINANCE 6141113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6141 File Number: 2018-0723 WATERSHED CONSERVATION RESOURCE CENTER MOU: AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVE A MEMORANDUM OF UNDERSTANDING WITH THE WATERSHED CONSERVATION RESOURCE CENTER FOR A TERM OF FIVE YEARS TO ESTABLISH A GENERAL FRAMEWORK OF COOPERATION TO SEEK FUNDING, CONDUCT STREAM RESTORATION PROJECTS AND TO WORK TOGETHER ON NONPOINT SOURCE RELATED ISSUES WHEREAS, the Watershed Conservation Resource Center is a nonprofit organization with regional experts that strive to protect, conserve and restore natural resources by utilizing the watershed approach, environmental outreach, and providing planning and technical assistance to landowners, communities, and government; and WHEREAS, the City has successfully partnered with the Watershed Conservation Resource Center in the past to receive approximately $3,100,000.00 in federal grants for stream restoration and the Watershed Conservation Resource Center has been instrumental in securing these grant funds due to its relationship with federal grant agencies and a proven track record of successful stream restoration projects; and WHEREAS, the purpose of the Memorandum of Understanding is to establish a general framework for cooperation between the Watershed Conservation Resource Center and the City to seek funding and conduct stream restoration projects to achieve the common goal of restoring unstable sections of streams to a morphologically stable form utilizing a natural channel design approach and to work together on nonpoint source related issues associated with reducing nutrients and improving riparian and other natural areas. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF Page 1 Printed on 114119 File Number: 2018-0723 Ordinance: 6141 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 between the City of Fayetteville, Arkansas and 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 for the next five years. PASSED and APPROVED on 1/3/2019 Attest: AL&Sondra E. Smith, City Cler`�'J�,Mger N%%(.VF K ��.��y�: • •C\T Y p��sG�_ .en. F-A}'eTrrVIL!_F 1101100 Page 2 Printed on 114119 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville. AR 72701 (479) 575-8323 Text File File Number: 2018-0723 Agenda Date: 1/3/2019 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 3 WATERSHED CONSERVATION RESOURCE CENTER MOU: AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVE A MEMORANDUM OF UNDERSTANDING WITH THE WATERSHED CONSERVATION RESOURCE CENTER FOR A TERM OF FIVE YEARS TO ESTABLISH A GENERAL FRAMEWORK OF COOPERATION TO SEEK FUNDING, CONDUCT STREAM RESTORATION PROJECTS AND TO WORK TOGETHER ON NONP01NT SOURCE RELATED ISSUES WHEREAS, the Watershed Conservation Resource Center is a nonprofit organization with regional experts that strive to protect, conserve and restore natural resources by utilizing the watershed approach, environmental outreach, and providing planning and technical assistance to landowners, communities, and government; and WHEREAS, the City has successfully partnered with the Watershed Conservation Resource Center in the past to receive approximately $3,100,000.00 in federal grants for stream restoration and the Watershed Conservation Resource Center has been instrumental in securing these grant funds due to its relationship with federal grant agencies and a proven track record of successful stream restoration projects; and WHEREAS, the purpose of the Memorandum of Understanding is to establish a general framework for cooperation between the Watershed Conservation Resource Center and the City to seek funding and conduct stream restoration projects to achieve the common goal of restoring unstable sections of streams to a morphologically stable form utilizing a natural channel design approach and to work together on nonpoint source related issues associated with reducing nutrients and improving riparian and other natural areas. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section l: 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 between the City of Fayetteville, Arkansas and 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 for the next five years. City of Fayetteville, Arkansas Page 1 Printed on 11412019 City of Fayetteville Staff Review Form 2018-0723 Legistar File ID 1/3/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Chris Brown 12/12/2018 ENGINEERING (621) Submitted By Submitted Date Division / Department Action Recommendation: Approval to waive competitive bidding and renew a Memorandum of Understanding (MOU) with the Watershed Conservation Resource Center (WCRC) outlining a general framework for cooperation to seek funding and conduct stream restoration projects and other nonpoint source pollution related issues. Budget Impact: 4470.621.8810-5817.00 Sales Tax Capital Improvement Account Number 02097.1 Project Number Fund Stormwater Quality Management Project Title Budgeted Item? Yes Current Budget $ 95,528.00 Funds Obligated $ 200.00 Current Balance J0 Does item have a cost? No Item Cost $ Budget Adjustment Attached? NA Budget Adjustment $ - Remaining Budget $ 95,328.00 V20180321 Purchase Order Number: Previous Ordinance or Resolution # 5645 Change Order Number: Original Contract Number: Comments: Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF JANUARY 3, 2019 TO: Mayor and City Council THRU: Don Marr, Chief of Staff Garner Stoll, Development Services Director Chris Brown, City Engineer FROM: Alan Pugh, Staff Engineer DATE: December 12, 2018 CITY COUNCIL MEMO SUBJECT: Approval to waive competitive bidding and renew a Memorandum of Understanding (MOU) with the Watershed Conservation Resource Center (WCRC) outlining a general framework for cooperation to seek funding and conduct stream restoration projects and other nonpoint source pollution related issues. RECOMMENDATION: Staff recommends approval to waive competitive bidding and renew a Memorandum of Understanding (MOU) with the Watershed Conservation Resource Center (WCRC) outlining a general framework for cooperation to seek funding and conduct stream restoration projects and additional nonpoint source pollution related issues. BACKGROUND: In January of 2014 the City Council approved ordinance 5645 which waived competitive bidding and approved the current MOU. This partnership has proven successful for many years as described further below. DISCUSSION: 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, ecological services and green infrastructure. The WCRC and the City have successfully partnered on multiple projects throughout this partnership. These projects have brought over $3,100,000 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. Seven stream and streambank restoration projects have been implemented that have resulted in over 11,900 tons of sediment and 8,500 lbs of total phosphorus reductions, annually from Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov streambank erosion, restored both aquatic and terrestrial habitat, protected City infrastructure, and improved aesthetics of City Parks and other properties WCRC has been instrumental in securing these grant 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. BUDGET/STAFF IMPACT: The proposed agreement has no budgetary impact. As tasks are identified, the "task order" with associated fee will be approved through the appropriate channels up to and including approval by the Mayor and City Council. Attachments: Ordinance 5645 Updated Memorandum of Understanding (MOU) 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, INTE''RI;STS 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, ecological services, and green infrastructure. This MOU is of benel:it to the CITY OF FAYE1711 VLLLE 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 FAYE'l-TEVILLF 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 $3,100,000 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. Seven stream and streambank restoration projects have been huplemented that have resulted in over 11,900 tons of sediment and 8,500 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. TIIE 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 grain applications for identified stream restorations and other non -point source pollution assessment projects. d. Vegetation establishment and management at City sponsored stream restoration projects. e. Assistance to the CITY OF FAYI-TTEVILLE in addressing other NPS related issues. 3. Shall accomplish other specific tasks as detailed in each Task Order. 4. Shall possess a valid contractor's license issued by the Arkansas Contractor's Licensing Board when the cost of the work to be done on any project undertaken on behalf of the City pursuant to this, MOU or any 'bask Order, including, but not limited to, labor and materials, is fifty thousand dollars ($50,000.00) or more, as required by Ark. Code Ann. 17-25-101, el seq. A copy of the license shall be provided to the City at the time WCRC submits its proposal for such a qualifying project. E. TIIE 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. F. IT IS MUTUALLY AGREED AND UNDERSTOOD BY ALL PARTIES TIIAT: 1. FREE -DOM OF INFORMATION ACT (FOIA). CITY OF FAYEYFEVILLE contract and doewnents 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. X25-19- 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 flees. 3. 1'AR'1'ICI.PA'I'ION IN SIMILAR ACTIVITIES. This instrument in no way restricts the WCRC or the CITY OF FAYITTEVILLE from participating in similar activities with other public or private agencies, organizations, and individuals. 4. COMML;NCi:MLN'1'/1-.X1'lltA'I*ION DATE. The instrument is executed as of the date ofthe last signature and is effective for five years. 5. PRINCIPAI, 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: formicagwaterghcdq nservation.ort, 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 tizycttcvillr-a1L-x2nY Alan Pugh, Staff Engineer City of Fayetteville Phone: 479-575-8206 E-mail: aM]i@]'ayetteville-ar.gov 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. . - dg,,,A. — Sandi J. Formic ,Executive Director Watershed Conservation Resource Center a Sondra E. Smith, City Cle'I�,Titit��� City of Fayetteville R• • • TRF off., �0 Nit O 'e c. a I, z of 8' Date 01 D g �l ate jlbegl'z�lq Date 4 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 prc��Ia drf.Po authorizes Mayor Jordan to sign such Memorandum. �Q.;�` r rrC�''rr PASSED and APPROVED this 7`" day of January, 2014. .�� : FAYETTEVILLE;' APPROVED: ATTEST: r•h �-' ♦ r.. ~� / �III11iFlii11111t By.- SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT A n 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. 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 @,Aatershedconservation.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�7a,ci.fa etteville.ar.us Sarah Wrede, E.I., Staff Engineer City of Fayetteville Phone: 479-575-8206 E-mail: swredeod 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 ., is li3 ate i ioneld Jord , M or ate City of Fay tte ' e ,': . .......... '-F-Sondra E. Smith, City Clerk/Treasurer City of Fayetteville ��tt►trir+i>>�� ���yG,► GIT Y p E w FAYETTE Y PLEE `rI�'�p yPwr �.ww gi�0. 11 dun Date rd 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 Project Number Budgeted Item? Previous Ordinance or Resolution # Original Contract Number: $0.00 Category or Project Budget $0.00 Funds Used to Date $0.00 Remaining Balance Budget Adjustment Attached? No Comments: 13 n/a Program or Project Name n/a Program or Project Category n/a Fund Name /a-8-,3 You created this PDF f I aii I application that is not licensed to print to novaPDF printer (httpJ1www.noyapdf corn) V20130812 1!21 t( ayl L e 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. BUDGET IMPALCl' 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 7"' day of January, 2014. APPROVED: By: _ LIONELD JORDAN, Mayor ATTEST: SONDRA E. SMITH, City Clerk/Treasurer THIS MOU WAS UPDATED PI.EASE SEE UPDATED VERSION MEMORANDUM OF UNDERSTANDING Between Watershed Conservation Resource Center And City of Fayetteville This Memorandum of Un erstanding (MOU) is entered into and ex below the signature block, by and between the Watershed Con hereinafter referred to as WC C, and the CITY OF FAYETTEViLT) A. PURPOSE d on the date indicated tion Resource Center, The purpose of this MOU is to es�iblish a general fi an worl� for cooperation between the WCRC and the CITY OF FAYETTE ILLE to I) seek f nding and conduct stream restoration projects to achieve the common g al of restorin unstable sections of streams to a morphologically stable form utilizing a tur on nonpoint source (NPS) related issue riparian and other natural areas. Inno implementing stream restorations that wil watersheds and will address severe streamb habitat and maintaining a sustainable, natural mutual interest. iann design approach and 2) to work together :iat with reducing nutrients and improving �proaclles will be used in designing and Itin improved water quality of the City's erosion, while restoring aquatic and terrestrial rology. Such cooperation will serve the parties' B. STATEMENT OF MUTUAL iNTEnSTS AND'RENEFITS The WCRC is a nonprofit organizan that strives to rotect, conserve, and restore natural resources by utilizing the waters ed approach, condi ting environmental outreach, and providing planning and technical assistance to landowners, ommunities, and government. The WCRC principals are regional ex eras and local leaders in im lementing natural channel design - based stream restorations that meet multiple local and regi nal objectives relating to river channel instability, water qua[' y, ecological services, and green 'nfrastructure. This MOU is of benefit to the CITY OF F YETTEVILLE because these act it will help to meet the objectives of the City's N trient Reduction Plan and will lead t both aquatic and terrestrial habitat restoration, impr ved water quality in the form of both phosphorus and sediment reductions, reduced stre, bbank erosion, and improve aesthetics of loc streams and rivers. This effort will also help t promote the use of alternatives to traditional hannel modifications in both urbanizing and r ral areas. The WCRC and t! 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 contaminan reduction. These projects have brought over $3,100,000 to the City for water quality and of er environmental improvements and have helped to create local partnerships and outreach op �rtunities in the areas of river restoration, riparian enhancement, and watershed planning. Seven stream and streambank restoration projects have been implemented that have resulted in over 11,900 tons of sediment and 8,500 lbs of total phosphorus reductions, annually THIS MOU WAS UPDATED PLEASE SEE UPDA'T'ED VERSION from streambank erosion, restored both aquatic and terrestrial habitat, protected City infrastructure, and improved aesthetics of City Parks and other properties. The WCRC currently has three active projects with the City and other partners to conduct more river res oration and assess urban streams and riparian areas to identify priority sites in need of r Otoration. In addition, the WCRC continues to monitor and maintain the four implementedstr m restoration sites. C. FEES AND PAYMENTS No fee is ass ciated with this MOU. As projects are identified by ie City, a Task Order establishing the cope, fee, and payment terms for the project will b developed. The basis of this fee and justi ation for the fee shall be contained in an App ndix attached to each Task Order. Adjustmen of the fee may be made should WCRC establish and the CITY OF FAYETTEVILLE age �c that there has been, or is to be, a signifi ant change in scope, complexity or character of the ser 'ces to be performed; or if the CITY OF FAYETTEVILLE decides to shorten the duration of rk from the time period specified n the Agreement for completion of work and such modificatio warrants such adjustment. In consideration of the above Rremises, the parties agre$y`as follows: D. THE WCRC: 1. Shall seek funding opp -t] related to reduction of non - 2. Upon approval of specific T City's procurement requiren Said tasks may include: a. Identification of and prioritize, in b. Estimation of ph cities fors cam restoration projects and other projects int source ollution. •Ic OrdciX by the Mayor or City Council, as required by the S. s 11 provide the services detailed in each Task Order. tre reaches that could benefit from stream restoration r ms within the City limits. Eiorou reduction that would be realized for each priority stream restoratiZeloping project. c. Assistance in .gra t applications for identified stream restorations and other no point source pol tion assessment projects. d. Vegetation tablishment and m iagement at City sponsored stream restoration projects. e. Assistan e to the CITY OF FA ETTEVILLE in addressing other NPS related-ssues. 3. Shall accomplish other specific tasks as detailed i 1 each Task Order E. THE CITY OF FA ETTEVILLE: 1. Shall coordi to all activities within the City of Faye cville Divisions and Departments and /betweethe CITY OF FAYETTEVILLE and the RC. 2. Shalith project activities and tasks. 3. Shalreview and input into the final restoration desi ns. 4. Shalactivities and coordinate staff needed for imple ientation of the restoration desi5. Shal documentation of all project activities and associated matching fiends. 2 THIS .MOU WAS UPDATED PLEASE SEE UPDATED VERSION 6. Recognizes that their participation in stream restoration and NPS projects acquired is an integral component in carrying out a successful project that will result in improved water quality and habitat restoration. 7. Shall accomplish other specific tasks as detailed in each Task Order. F. IT IS MUTUALLY AGREED AND UNDERSTOOD BY ALL PARTIES THAT: I. 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 theTY OF FAYETTEVILLE, the WCRC will do everything possible to provide the documents i a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A. A. §25-19- 101 et. seq.) Only legally authorized photocopying costs pursuant to the FOIA y be assessed for this compliance. Any information furnished to the WCRC under this instru ent is subject to the Freedom of Information 4,ct (5 U.S.C. 552)_ 2. MODIFICATION. Modificat ns within the scope of the instrument all be made by mutual consent of the parties. Change modifications, or amendments n scope (other than as specifically established in this M ), price or fees to this agre -hent shall not be allowed without a prior formal contract amen lent approved by the Ma r and/or the City Council in advance of the change in scope, cost or es. 3. PARTICIPATION IN SIMILAR ACIRVITIEI WCRC or the CITY OF FAYETTEVILLINfrom public or private agencies, organizations, and i divi 4. COMMENCEMENTIEXPIRATION DATE last signature and is effective for five years. 5. PRINCIPAL CONTACT. The principal Sandi Formica, Executive Director Watershed Conservation Resourc 380 West Rock Street Fayetteville, AR 72701 Office Phone: 479-444-191 Cell Phone: 501-352-5) 2 Office Fax: 928-396 46 E-mail: <ormica,rr4water edcanser Chris Brown P.E City Engineer City of FX4-575-8206 ' le 1 l 3 Wn Fayette72701 Phone: Fax: -8202 E-mail_�fa ettcville-ar.�ov ument in no way restricts the in similar activities with other instrument is executed as of the date of the this instrument are: Alan Pugh, Staff E ,,ineer City of Fayetteville Phone: 479-575-8206 E-mail: anus-hfiUavettevi 3 THIS .MOU WAS UPDATED PLEASE SEE UPDATED VERSION 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. .19 Ordinance:6141 File Number:2018-0723 WATERSHED CONSERVATION RESOURCE CENTER MOU: AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL NORTH' EST ARKANSAS COMPETITIVE BIDDING AND APPROVE A MEMORANDUM OF UNDERSTANDING WITH THE WATERSHED CONSERVATION .,._ RESOURCE CENTER FOR A TERM OF FIVE Democrat • ! ' p: (! izett e YEARS TO ESTABLISH A GENERAL FRAMEWORK OFCOOPERATION TO SEEK FUNDING,CONDUCT STREAM , .« ,,, .;..,.,..,.,.,. .ate.... ....,:_,: n :.w. .. ,. � o.• ...�, ,A RESTORATION PROJECTS AND TO WORK P.O.BOX 1607,FAYETTEVILLE,AR 72702•479-442-1700•PAX:479-695-1118• WWW.N ACG.COM TOGETHER ON NONPOINT SOURCE RELATED ISSUES WHEREAS,the Watershed Conservation Resource Center is a nonprofit organization with regional experts that strive to protect,conserve and restore natural resources by utilizing the AFFIDAVIT OF PUBLICATION watershed approach,environmental outreach, and providing planning and technical assistance to landowners,communities,and government; and I Todd Nelson, do solemnly swear that I am the President&Publisher of the WHEREAS,the City has successfully partnered Northwest Arkansas Democrat-Gazette, printed and published in with the Watershed Conservation Resource Center in the past to receive approximately Washington County and Benton County, Arkansas, and of bona fide $3,100,000.00 in federal grants for stream recirculation,that from myownpersonal knowledge and reference Resource and the been instd Conservation g Resource Center has been instntmental in to the files of said publication,the advertisement of: securing these grant funds due to its relationship with federal grant agencies and a proven track record of successful stream restoration projects; and CITY OF FAYETTEVILLE WHEREAS,the purpose of the Memorandum of Ord. 6141 Understanding is to establish a general framework for cooperation between the Watershed Conservation Resource Center and the City to seek funding and conduct stream Was inserted in the Regular Edition on: restoration projects to achieve the common goal of restoring unstable sections of streams to a morphologically stable form utilizing a natural January 10, 2019 channel design approach and to work together on nonpoint source related issues associated with reducing nutrients and improving riparian and other natural areas. Publication Charges: $ 1 0.80 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 Todd Nelson bidding is deemed not feasible or practical and therefore waives the requirements of formal competitive bidding and approves a Memorandum of Understanding between the City of Fayetteville,Arkansas and Watershed Conservation Resource Center to establish a Subscribed and sworn to before me general framework for cooperation to seek This 4 da of\\ 2019. funding and conduct stream restoration projects y C� , and to work together on nonpoint source related issues for the next five years. PASSED and APPROVED on 1/3/2019 Approved: Lioneld Jordan,Mayor C n Sondra E.Smith,City Clerk Treasurer 74805645 Jan 10,2019 Notary Public My Commission Expires: Z t 2-t7 � `'� CATHY WILES "�T Arkansas-Benton County Notary Public-Comma 123971 18 t: My Commission Expires Feb 20,2024 • **NOTE** Please do not pay from Affidavit. Invoice will be sent. Watershed Conservation Resource Center(WCRC) Task Order 2 City of Fayetteville Staff Review Form 2019-0214 Legistar File ID - n/a City Council Meeting Date-Agenda Item Only N/A for Non-Agenda Item Peter Nierengarten 3/28/2019 SUSTAINABILITY/RESILIENCE (631) Submitted By Submitted Date Division/Department Action Recommendation: . Staff recommends approval of Task Order No.02 in the amount of$18,000 with the Watershed Conservation Resource Center(WCRC)for development of grant applications to support stream restoration and project coordination for Tanglewood Branch restoration as part of the Cultural Arts Corridor Project. Budget Impact: 2230.631.8006&4470.621.8810-5314.00 Special Grants&Sales Tax Capital Account Number Fund 31708.1701&02097.1 Cultural Art Corridor Grant&Stormwater Quality _ Management Project Number Project Title Budgeted Item? Yes Current Budget $ 1,750,000.00 Funds Obligated $ 725,113.00 Current Balance $ 1,024,887.00 Does item have a cost? Yes Item Cost $ 18,000.00 Budget Adjustment Attached? NA Budget Adjustment - Remaining Budget $ 1,006,887.00 V20180321 Purchase Order Number: Previous Ordinance or Resolution# 6141 Change Order Number: Approval Date: 4/1/19 Original Contract Number: Comments: CITY OF FAYETTEVIL.LE STAFF MEMO P-I ARKANSAS TO: Mayor Lioneld Jordan THRU: Don Marr, Chief of Staff • FROM: Peter Nierengarten, Sustainability Director CC: Chris Brown, City Engineer DATE: March 28, 2019 SUBJECT: WCRC Task Order— Development of Grant Applications to Support Stream Restoration and Project Coordination for Tanglewood Branch Restoration as - Part of the Cultural Arts Corridor Project RECOMMENDATION: Staff recommends approval of Task Order No. 02 in the amount of$18,000 with the Watershed Conservation Resource Center (WCRC) for development of grant applications to support stream restoration and project coordination for Tanglewood Branch restoration as part of the Cultural Arts Corridor Project. BACKGROUND: On January 3, 2019, City Council approved Resolution Number 6141 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 through this partnership. These projects include but are not limited to, the White River Riverbank Stabilization Project(2 separate areas), Niokaska Creek within Sweetbriar Park, Niokaska Creek within Gulley Park, West Fork of White River Airport Site and Ground Cherry Creek within the Kessler Mountain Regional Park. DISCUSSION: The MOU 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. 02 is presented pursuant to the MOU and consists of grant applications to support stream restoration and project coordination for Tanglewood Branch restoration as part of the Cultural Arts Corridor Project. Specific work will include: 1) Research and identify potential sources of grant funding, 2) Coordinate with grant program managers to determine application requirements , 3) Develop a grant application to support the proposed restoration work on Tanglewood Branch, 4) Develop a grant application to support the proposed restoration work at other sites identified by the City in need of restoration, 5) Coordinate with the City to submit the grant applications, and Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville,AR 72701 6) Coordinate with the City and NBW to integrate proposed Tanglewood Branch restoration activities with on-going restoration and construction activities in the Fay Jones Woods portion of the Cultural Arts Corridor project. BUDGET/STAFF IMPACT: The task order is for a not to exceed amount of$18,000 for this work. 1) Develop Grant for Tanglewood Branch Restoration ($6,000) 2) Develop Grant for other City Prioritized Restoration Sites ($5,000) 3) Coordinate with CITY and NBW on Tanglewood Branch Construction ($7,000) Funds for this project will come from: $13,000—Cultural Arts Corridor Grant: 2230.631.8006, 31708.1701 $5,000- Sales Tax Capital Improvement Fund: 4470.621.8810-5314.00, 02097.1 Attachments: 1. Task Order 02 2. Ordinance 6141 — Memorandum of Understanding • 2 ( THE CITY OF FAYETTEVILLE,ARKANSAS 1111•111011111111111111•111•1R 1111111111•111MMIIIIIINNimmiiiiim Task Order NO.2 DEVELOPMENT OF GRANT APPLICATIONS T SUPPORT STREAM RESTORATION AND PROJECT COORDINATION FOR TANGLEWOOD BRANCH RESTORATION This Task Order is written pursuant to the Memorandum of Un erstanding (MOU) as described in Ordinance No. 6141 executed on January 3, 2019. The referenced MOU pertains to potential stream restoration projects and associated, services with the Watershed Conservation Resource Center(WCRC). This Task Order entered into and executed on the date indicated below the signature block by and between the City of Fayetteville (CITY) and WCRC sets forth the project description, project schedule and Clay fees for professional services related to 1) developing a grant applicati$n to acquire funding for proposed stream restoration and riparian enhancements on Tanglewood Branch and other areas identified as needing restoration and 2) coordination with the primary consultant, Nelson Byrd Woltz, for design work associated with the stream and riparian restoration that overlaps with the development of the Fay Jones Woods within the Cultural Arts Corridor. The coordination will integrate the stream and riparian restoration work into the workflow of the overall proJect. Tanglewood Branch runs through the proposed Fay Jones Woods, a natural area with accessible healthy woodlands. The CITY woild like for Tanglewood Branch to be restored and accessible to visitors as well. At the, same time, the CITY has several streambank erosion challenges that affect civil infrastructure and private property. Securing grants to address these issues will help to offset cost to the CITY. Section I - Project Description Previously, the CITY contracted with the Watershed Conservation Resource Center (WCRC)to develop a conceptual stream restoration design fora section of Tanglewood Branch, a tributary to Town Branch in the West Fork White River Watershed. The restoration of Tanglewood Branch is part of a larger project in which the CITY has. contracted with.Nelson Byrd Woltz Landscape Architects (NBVV)to design a Cultural Arts Corridor in downtown Fayetteville. This task order will allow the WCRC to develop a grant application paclitage for submittal to the appropriate funding entity to offset a portion of the proposed restoration project costs. In addition, the task order Will provide funding to allow the WCRC to coordinate with both the City and NBW to integrate the design and implementation of the stream and riparian restoration work into€the larger project being led by NBW. In addition to the resource concerns of Tanglewood Branch, the CITY has identified and is monitoring locations along streams that drain the cityscape for severe streambank erosion. There are several areas that the CITY has identified where restoration is warranted to protect civil infrastructure and private lands. The WCRC will dtvelop a grant application to I ",, ,-W.... ;;ate► F;_J THE CITY OF FAYETrEVILLE,ARKANSAS be submitted to the appropriate agency for financial assistance in implementing stream restoration at four locations. Section II - Project Timeframe The project willbe conducted from the date of this agreement through the period of the Cultural Arts Corridor design and construction phases. This aOreement will expire December 31, 2021. Section III -Scope of Services The WCRC will conduct the following activities: 1) Research ar11d identify potential sources of grant funding 2) Coordinate with grant program managers toy determine application requirements 3) Develop a grant application to support the proposed restoration work on Tanglewood Branch 4) Develop a grant application to support the proposed restoration work at other sites identified by the CITY in need of restoration 5) Coordinate with the CITY to submit the grant applications and 6) Coordinate with the CITY and NBW to integrate proposed Tanglewood Branch restoration activities with on-going restoration and construction activities in the Fay Jones Woods portion of the Cultural Arts Corridor project. The WCRC cannot guarantee the success of any grant application receiving approval. The WCRC will make every effort to insure that the grant applications that are developed will be compatible with the targeted grant program and will have the greatest chances for approval. Section IV - FE>es and Payments WCRC will perform the above-referenced Scope of Services for a total not to exceed $18,000 based,on the following WCRC billing rates. Personnel Billing Rate Project Manager $135/hr Project Engineer $120/hr Staff Engineer $80/hr Admin $35/hr The not-to-exceed cost for each task will be: 1) Develop Grant for Tanglewood Branch ($6,000) • 2) Develop Grant for other City Prioritized Restoration Sites ($5,000) 3) Coordinate with CITY and NBW on Tanglewood Branch Construction ($7,000) 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. THE CITY OF FAYETTEVILLE.ARKANSAS x - , IN WITNESS WHEREOF, the parties hereto have caused this TASK ORDER to be duly executed as oflthe date and year first herein written. FOR THE 'ITYtO 1FAYETTEVILLE • Attest: A I .di '�-; ./.. raitii `�f� 'ri ayor to eld Jordan Sondra Smith, Cit Gler .�`F,�:• SCi''�, Y K. �.. �Y OF • ,¢ .� ate'• G� •.<"� Date: j- 2 /9 FOR WATERSHED CONSERVATION RESOUCE CENTER I ,— By . t1 ,l Attest: jI Sandi Formica Date: 0/4: 2/ / Watershed Conservation Resource Center Task Order No. 6 City of Fayetteville Staff Review Form 2020-0546 Legistar File ID NA City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Byron Humphry 7/1/2020 PARKS & RECREATION (520) Submitted By Submitted Date Division / Department Action Recommendation: Approval and Mayor's signature of Task Order No. 6 in the amount of $12,500 with the Watershed Conservation Resource Center (WCRC) for continuing native vegetation establishment efforts and performing minor adjustments within the stream as necessary to ensure the continued success of completed restoration projects at Niokaska (Gulley Park) and Ground Cherry (Kessler) Creeks. Budget Impact: 4470.520.8520-5220.00 Sales Tax Cap Imp Account Number Fund 15012.1 Forestry & Habitat Improvements Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? NA Purchase Order Number: Change Order Number: Original Contract Number: Comments: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 71,401.00 $ 5,085.80 $ 66,315.20 $ 12, 500.00 $ 53,815.20 V20180321 Previous Ordinance or Resolution # t 141 Approval Date: 07/06/2020 CITY OF FAYETTEVILLE . ARKANSAS TO: Mayor Jordan THRU: Susan Norton, Chief of Staff Connie Edmonston, Parks and Recreation Director FROM: Byron Humphry, Park Maintenance Superintendent DATE: July 1, 2020 STAFF MEMO SUBJECT: Task Order No. 6 with the Watershed Conservation Resource Center RECOMMENDATION: Staff recommends approval and Mayor's signature of Task Order No. 6 in the amount of $12,500 with the Watershed Conservation Resource Center (WCRC) for continuing native vegetation establishment efforts and performing minor adjustments within the stream as necessary to ensure the continued success of completed restoration projects at Niokaska (Gulley Park) and Ground Cherry (Kessler) Creeks. BACKGROUND: On January 3, 2019 the City Council approved Ordinance Number 6141 approving a Memorandum of Understanding with the WCRC for a term of five years to establish a general framework of cooperation to seek funding, conduct stream restoration projects and to work together on nonpoint source related issues. To that degree, the City and WCRC have completed several restoration projects through this partnership that include Niokaska Creek within Gulley Park and Ground Cherry Creek within Kessler Park. DISCUSSION: The MOU 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. This Task Order 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. BUDGET/STAFF IMPACT: The Forestry and Habitat Improvements project has been designated in part to fund native plant restoration and maintenance. There are sufficient funds in this project. Attachments: Task Order No. 6 Ordinance 6141 Memorandum of Understanding Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 THE CITY OF FAYETTEVILLE, ARKANSAS TASK ORDER NO. 6 VEGETATION AND CHANNEL STABILITY ESTABLISHMENT AT FAYETTEVILLE FUNDED STREAM AND RIVER RESTORATION PROJECT SITES AT CITY PARKS STATE OF ARKANSAS COUNTY OF WASHINGTON This Task Order is written pursuant to the Memorandum of Understanding (MOU) as described in Ordinance No. 6141 executed on January 3, 2019. The referenced MOU pertains to 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 (City) and WCRC sets forth the project description, schedule and associated fees for services related to maintaining and tending to stream restoration projects that were implemented using a combination of City of Fayetteville and grant -based funds. Section I - Project Description This project consists of ongoing maintenance of two stream restoration projects whose original implementation was funded in -part, with the City funding. This Task Order establishes a framework to provide continued project establishment funds to support the work performed on Niokaska Creek at Gulley Park and on Ground Cherry Creek at the Mt. Kessler Regional Park. These projects have been successful in re-establishing the channel, significantly reducing streambank erosion and parkland loss. The original work has resulted in improved water quality, aquatic habitat, and has improved aesthetics and the overall parkland experience for park visitors. Establishing and fostering a high -quality and diverse riparian zone consisting of native vegetation is critical in creating stream restoration projects that will, upon maturity of the vegetation, be able to withstand the power of future flood events. Also, minor repairs need to be occasionally conducted to prevent cumulative degradation of the restoration projects. This agreement will provide funding to the WCRC to conduct activities that help to continue to establish healthy, native vegetation and stream stability, in order to protect the investment that the City has made to improve water quality, habitat, and recreational value of these sites. Section 11 - Project Timeframe The WCRC will conduct the work from June 21, 2020 to June 21, 2021. Section III - Scope of Services The WCRC will perform services to maintain and improve the long-term functionality of the stream restoration projects on Niokaska and Ground Cherry Creeks that were implemented utilizing City funding. These services include two major components: 1) maintenance activities that help to create long-term stability and 2) vegetation management. Stream restoration maintenance activities include, but will not be limited to, a) minor hand repairs of structural components of the restoration, b) removal of unintended gravel deposition within the project site and c) repair of soil mattresses. Vegetation management activities include, THE CITY OF FAYETTEVILLE, ARKANSAS but are not limited to, a) irrigation of vegetation during summer months, b) removal of invasive vegetation and c) planting additional native plants to enhance vegetation density and increase riverbank roughness. These funds are intended to cover costs associated with minor and routine maintenance of the sites. Repair of damage to the projects resulting from large infrequent flood events are not covered under this agreement, and will be addressed under supplemental agreements. Section IV - Fees and Payments WCRC will perform the above -referenced Scope of Services amounts not to exceed $12,500 for this 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 TV/CITY F YETT ILLE B Attest: May io Id Jordan Kara Paxton, Cit Clerk �` CITy�,��,; i Date: = ;�'�••. SAS FOR WATERSHED CONSERVATION RESOUCE CENTER '"%, OUN" By: J". Ch--- Attest: Sandi Formica Date: .5, Z o a. 0 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. STATEMENTOF MUTUAL, 1N EXF,ST'S 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 duality, ecological services, and green infrastructure. This MOU is of benefit to the CITY OF FAYII'TEVILLE 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 $3,100,000 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. Seven stream and sLreambank restoration projects have been innplemented that have resulted in over 11,900 tons of sediment and 8,500 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 FAYI17TTEVILLE 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. Vegetation establishment and management at City sponsored stream restoration projects. e. Assistance to the CITY OF FAYEA7EVILLE in addressing other NPS related issues. 3. Shall accomplish other specific tasks as detailed in each Task Order. 4. Shall possess a valid contractor's license issued by the Arkansas Contractor's Licensing Board when the cost of the work to be done on any project undertaken on behalf' of the City pursuant to this MOU or any Task Order, including, but not limited to, labor and materials, is fifty thousand dollars ($50,000.00) or more, as required by Ark. Code Ann. 17-25-101, cal seq. A copy of the license shall be provided to the City at the time WCRC submits its proposal for such a qualifying project. E. THE CITY OF FAYETTEVILLE': 1. Shall coordinate all activities within the City of Fayetteville Divisions and Departments and between the CITY OF FAYE7TEVILLE 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 'I'ask Order. 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 oi' Information Act request is presented to the CITY OF FAYETTEVILLB, 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 FAYETTIVILLE from participating in similar activities with other public or private agencies, organizations, and individuals. 4. COMMENCEMEN'1 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(utwatgr- edconservatit_ n.oru 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(a?Cayetteville-ar,bov Alan Pugh, Staff Engineer City of Fayetteville Phone: 479-575-8206 E-mail: a Pugh�a,Ihyetteville-ar.go 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. Formica . Executive Director Watershed Conservation Resource Center zAe6zz 4zo-c_�__ Sondra E. Smith, City Clerk/Treasurer City of Fayetteville Dec. o;. It 2-01 Date cl 0 S 'Ov ate Yz'ze1q Date 4 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6141 File Number: 2018-0723 WATERSHED CONSERVATION RESOURCE CENTER MOU: AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVE A MEMORANDUM OF UNDERSTANDING WITH THE WATERSHED CONSERVATION RESOURCE CENTER FOR A TERM OF FIVE YEARS TO ESTABLISH A GENERAL FRAMEWORK OF COOPERATION TO SEEK FUNDING, CONDUCT STREAM RESTORATION PROJECTS AND TO WORK TOGETHER ON NONPOINT SOURCE RELATED ISSUES WHEREAS, the Watershed Conservation Resource Center is a nonprofit organization with regional experts that strive to protect, conserve and restore natural resources by utilizing the watershed approach, environmental outreach, and providing planning and technical assistance to landowners, communities, and government; and WHEREAS, the City has successfully partnered with the Watershed Conservation Resource Center in the past to receive approximately $3,100,000.00 in federal grants for stream restoration and the Watershed Conservation Resource Center has been instrumental in securing these grant funds due to its relationship with federal grant agencies and a proven track record of successful stream restoration projects; and WHEREAS, the purpose of the Memorandum of Understanding is to establish a general framework for cooperation between the Watershed Conservation Resource Center and the City to seek funding and conduct stream restoration projects to achieve the common goal of restoring unstable sections of streams to a morphologically stable form utilizing a natural channel design approach and to work together on nonpoint source related issues associated with reducing nutrients and improving riparian and other natural areas. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF Page t Printed on 1NH9 File .Number: 2018-0723 Ordinance: 6141 FAYETTEVILLE, ARKANSAS: Section l: 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 between the City of Fayetteville, Arkansas and 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 for the next five years. PASSED and APPROVED on 1/3/2019 Attest: Z't"e- --zt4 J Sondra E. Smith, City Clerk Treasurer Page 2 Printed on 114119 Watershed Conservation Resources Center Task Order No. 12 City of Fayetteville Staff Review Form 2023-1116 Item ID N/A ARCHIVED City Council Meeting Date-Agenda Item Only N/A for Non-Agenda Item Peter Nierengarten 11/2/2023 SUSTAINABILITY/RESILIENCE (631) Submitted By Submitted Date Division/Department Action Recommendation: Approve Task Order No. 12 in the amount of$20,000 with the Watershed Conservation Resources Center for continuing riparian habitat enhancement and channel stability establishment in Tanglewood Branch and associated tributaries in the Fay Jones Woods and the Lower Ramble Budget Impact: 1010.631.6310.5315.00 Sustainability-Contract Services Account Number Fund Project Number Project Title Budgeted Item? Yes Total Amended Budget $ 74,519.46 Expenses (Actual+Encum) $ - Available Budget $ 74,519.46 Does item have a direct cost? Yes Item Cost $ 20,000.00 Is a Budget Adjustment attached? No Budget Adjustment $ - Remaining Budget $ 54,519.46 V20221130 Purchase Order Number: Previous Ordinance or Resolution# 6141 Change Order Number: Approval Date: 11/08/2023 Original Contract Number: Comments: CITY OF FAYETTEVILLE STAFF MEMO %Ipr ARKANSAS TO: Lioneld Jordan. Mayor THRU: Susan Norton. Chief of Staff FROM: Peter Nierengarten, Environmental Director DATE: November 1. 2023 SUBJECT: Approval of Task Order No. 12 in the amount of$20,000 with the Watershed Conservation Resources Center for continuing riparian habitat enhancement and channel stability establishment in Tanglewood Branch and associated tributaries in the Fay Jones Woods and the Lower Ramble RECOMMENDATION: Staff recommends approval of Task Order No. 12 in the amount of$20.000 with the Watershed Conservation Resources Center for continuing riparian habitat enhancement and channel stability establishment in Tanglewood Branch and associated tributaries in the Fay Jones Woods and the Lower Ramble BACKGROUND: On January 3, 2019. City Council approved Ordinance Number 6141 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, the West Fork of White River Airport Site and Tanglewood Branch within the Fay Jones Woods. DISCUSSION: The MOU 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. This Task Order 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 recently completed stream and riparian restoration project on Tanglewood Branch and an unnamed tributary within the Fay Jones Woods portion of the Ramble Project. This maintenance and vegetation management work is necessary to ensure the continued success of this highly visible element within the Lower Ramble and includes: • Minor hand repairs of structural components of the restoration • Repair of soil mattresses • Re-setting of boulders that may become displaced Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 • Irrigation of vegetation during summer months • Removal of invasive vegetation • Planting additional native plants to enhance vegetation density and improve aesthetics • Enhancement of off-channel natural areas such as seeps, springs, and wetlands Establishment of a high-density riparian zone consisting of native vegetation is critical in creating a stream 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 MOU is intended to cover costs associated with minor and routine maintenance of the site. Repair of major damage to the project resulting from large and infrequent flood events are not covered under this agreement and will be addressed though supplemental agreements. Ultimately this MOU helps to project the investments in the Ramble Project made by the City of Fayetteville to improve water quality, habitat and recreational values of our local streams and water bodies. The Term of the Agreement is from November 15, 2025 to December 31, 2024. BUDGET/STAFF IMPACT: Funding has been allocated for this maintenance work within the 2023 Sustainability Department contract services budget. 1010.631.6310-5315.00 Additional funding has been requested for the 2024 budget. Attachments: Task Order No. 12 I I 2 4 THE CITY OF FAYETTEVILLE,ARKANSAS TASK ORDER NO. 12 RIPARIAN HABITAT ENHANCEMENT AND CHANNEL STABILITY ESTABLISHMENT TANGLEWOOD BRANCH AND ASSOCIATED TRIBUTARIES AT FAY JONES WOODS AND FAYETTEVILLE LOWER RAMBLE STATE OF ARKANSAS COUNTY OF WASHINGTON This Task Order is written pursuant to the Memorandum of Understanding (MOU) as described in Ordinance No. 6141 executed on January 3, 2019. 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 (CITY) and WCRC sets forth the project description, schedule and associated fees for services related to enhancing and maintaining the recently completed stream and riparian restoration project on Tanglewood Branch and an un- named tributary as part of the Fayetteville Lower Ramble project located in the Faye Jones Woods. The initial stream and riparian restoration work was funded in part by an Environmental Protection Agency Region 6 Wetlands Planning Grant developed by the WCRC and submitted by the CITY. Section I - Project Description The work associated with this task order consists the WCRC of providing services to the CITY in order to establish long-term stability as well as high level of aesthetic quality to the stream and riparian restoration work along Tanglewood Branch and a tributary located in the Fay Jones Woods. constructed in 2022. The completed work includes restoration of the stream channel, removal of invasive plant species from the riparian zone, and planting of native plants. The work has transformed Tanglewood Branch and the tributary from an underutilized and out-of-sight stormwater channel into an ecological and public asset. The restoration allows the public to utilize Tanglewood Branch in a way that has never happened before. The spring fed stream, now visible and accessible to the public, breathes additional life into the Lower Ramble. Restoration of a stream and riparian area is not a one-time effort and work beyond the initial implementation effort is required during the early years after completion in order to provide time for the project to mature in a self- sustaining manner. This Task Order will establish a framework for the City to provide funding for riparian and stream channel establishment and enhancement activity that will support the myriad of benefits the restoration work provides to the community. For example, invasive species consisting of primarily bush honeysuckle and privet were removed from the riparian corridor in the spring of 2021. This work was extensive and thorough and opened up the visibility of the stream channel immensely. During the growing season of 2022 a vastly different community of invasive species became established in previously treated areas. A second invasive species removal effort was THE CITY OF FAYETTEVILLE,ARKANSAS undertaken to address the second wave of invasive plants. This process will continue and will require intervention until the native plant community is established and can sustain itself. Another example of the need for riparian establishment is associated with localized changes in overland runoff as a result of the development of park infrastructure. New pathways of concentrated flow have the potential to create scour and erosion. These areas are often easily addressed through soft engineering practices that enhance the riparian flora while reducing water quality impacts of localized floodplain scour. Irrigation of young plants throughout the riparian corridor will be required to insure long-term viability and beauty of the site. Also, following flood events, minor repairs may need to be conducted within the stream restoration area to prevent cumulative degradation of the restoration project. This agreement will provide funding for the WCRC to conduct activities that help to continue to establish healthy, native vegetation and channel stability in order to protect the investment that the CITY has made to improve water quality, habitat, and recreational values that exist along Tanglewood Branch within the Lower Ramble. Section II - Project Timeframe The WCRC will conduct the work from November 15, 2023 to December 31, 2024. Section III - Scope of Services The WCRC will perform services that are targeted to maintain and improve the long- term functionality of the stream and riparian restoration work at the Tanglewood Branch project site. 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 a) minor hand repairs of structural components of the restoration b) repair of soil mattresses and c) re-setting of boulders that may become displaced. Riparian enhancement and management activities include but are not limited to a) irrigation of vegetation during summer months b) removal of invasive vegetation c) planting additional native plants to enhance vegetation density and improve aesthetics and d) enhancement of off-channel natural areas such as seeps, springs, and wetlands. These funds are intended to cover costs associated with minor and routine maintenance of the site. Repair of major damage to the project resulting from large and infrequent flood events are not covered under this agreement and will be addressed though supplemental agreements. Section IV - Fees and Payments WCRC will perform the above-referenced Scope of Services amounts not to exceed $20,000 for this agreement. THE CITY OF FAYETTEVILLE,ARKANSAS 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 O YETTEVILLE By' Attest A , �,/r� t Mayor Id Jordan Kara Paxton, Ci y C erk T u'el TEv,U • Date: 11/08/2023 :• ,•.',BAN:P',•••���` FOR WATERSHED CONSERVATION RESOUCE CENTER By: javtd,/, Attest: Sandi Formica Date: 10 — 2-1