HomeMy WebLinkAbout28-19 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 28-19
File Number: 2019-0026
EPA REGION 6 WETLAND PROGRAM DEVELOPMENT GRANT:
A RESOLUTION TO AUTHORIZE AN APPLICATION FOR A 75/25 ENVIRONMENTAL
PROTECTION AGENCY REGION 6 WETLAND PROGRAM DEVELOPMENT GRANT IN THE TOTAL
AMOUNT OF $400,000.00 FOR STREAM RESTORATION PROJECTS IN THE CITY OF
FAYETTEVILLE
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 authorizes an application
for a 75/25 Environmental Protection Agency Region 6 Wetland Program Development Grant in the total
amount of $400,000.00 for stream restoration projects in the City of Fayetteville.
PASSED and APPROVED on 2/5/2019
Page 1
Attest:
ffll�lsrwv
Lisa Branson, Deputy Citi
:FAYETTEVILLE:-
rr•
Printed on 217119
= City of Fayetteville, Arkansas
j
- Text File
-- File Number: 2019-0026
Agenda Date: 2/5/2019 Version: 1
In Control: City Council Meeting
Agenda Number: A. 9
EPA REGION 6 WETLAND PROGRAM DEVELOPMENT GRANT:
113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Status: Passed
File Type: Resolution
A RESOLUTION TO AUTHORIZE AN APPLICATION FOR A 75/25 ENVIRONMENTAL
PROTECTION AGENCY REGION 6 WETLAND PROGRAM DEVELOPMENT GRANT IN THE
TOTAL AMOUNT OF $400,000.00 FOR STREAM RESTORATION PROJECTS IN THE CITY OF
FAYETTEVILLE
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 authorizes an application for a
75/25 Environmental Protection Agency Region 6 Wetland Program Development Grant in the total amount of
$400,000.00 for stream restoration projects in the City of Fayetteville.
City of Fayetteville, Arkansas Page 1 Printed on 2/7/2019
Chris Brown
Submitted By
City of Fayetteville Staff Review Form
2019-0026
Legistar File ID
2/5/2019
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
1/15/2019 ENGINEERING (621)
Submitted Date Division / Department
Action Recommendation:
Approval to submit an EPA Region 6 Wetland Program Development Grant application for the restoration of
portions of streams within the City of Fayetteville not to exceed a total grant amount of $400,000 (City portion
$100,000).
4470.621.8810-5314.00
Account Number
02097.1
Project Number
Budgeted Item? Yes
Does item have a cost? No
Budget Adjustment Attached? NA
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Budget Impact:
Sales Tax Capital Improvement
Fund
Stormwater Quality Management (Stormwater
Quality Mgmt/Nutrient Reduct)
Project Title
Current Budget $ 368,628.00
Funds Obligated $ 112,399.40
Current Balance
Item Cost $
Budget Adjustment $
Remaining Budget
Previous Ordinance or Resolution # 6141
Approval Date:
VZU7dUJL1
CITY OF
N' FAYETTEVILLE
r^% ARKANSAS
MEETING OF FEBRUARY 5, 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: January 15, 2019
CITY COUNCIL MEMO
SUBJECT: Approval to submit an EPA Region 6 Wetland Program Development Grant
application for the restoration of a portion of stream within the City of Fayetteville not to
exceed a total grant amount of $400,000 (City portion $100,000).
RECOMMENDATION:
Staff recommends approval to submit an EPA Region 6 Wetland Program Development Grant
application for the restoration of a portion of stream within the City of Fayetteville not to exceed
a total grant amount of $400,000 (City portion $100,000).
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:
Wetland Program Development Grants (WPDGs) provide eligible applicants an opportunity to
conduct projects that promote the coordination and acceleration of research, investigations,
experiments, training, demonstrations, surveys and studies relating to the causes, effects,
extent, prevention, reduction and elimination of water pollution. The City of Fayetteville shares
these goals and the previously completed projects have been very successful. The City now
has an opportunity to seek additional funding for projects in order to continue this partnership.
Historically, the time frame for submitting applications has not been conducive to developing the
entire application and obtaining council approval before the application period ends. For this
reason, staff is requesting approval to submit for the grant in advance of the application period
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
being opened. It is anticipated that the grant period will be opened in early spring, however, it
has not been officially announced and will be dependent on available funding.
Although no single project has been finalized to date, staff has several areas in mind that are in
need of repair. These sites are actively damaging property and contributing pollutants to our
streams and waterways. In general, the considered locations are:
• Scull Creek just north of Van Asche Drive: includes damage to private property from
large cut banks.
• Niokaska Creek downstream of Azalea Terrace: Includes an "s" turn in which a large
amount of erosion is taking place and beginning to threaten private structures
• Within existing park land on a tributary to Flynn Creek near N Brookbury Crossing which
also includes damage to private property
• Clear Creek directly downstream of Lake Fayetteville: includes damage to both public
and private property
If approved, staff would identify the scope of repair for each site considered and determine
which would fall within the terms of the grant. The project(s) would then be submitted to City
Council for consideration. Ultimately, the City Council would make the determination of which
project is pursued and have approval authority over accepting the grant.
BUDGET/STAFF IMPACT:
The Stormwater Quality Management/Nutrient Reduction project has been designated in part to
fund projects that improve stormwater quality in the City of Fayetteville and would be proposed
as the source for a portion of the matching funds ($100,000). There are also funds allocated
within the bond program for stream restoration projects and could be utilized for these activities.
These funds would not be required until 2019 and the City Council would have authority to
approve the grant award prior to the funds being encumbered.
Attachments:
Ordinance 6141
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 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:
Sondra E. Smith, City Clerk Treasurer
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 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
FAYETTEVILLE, ARKANSAS:
Section I: 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.
4470.621.8810-5817.00
Account Number
02097.1
Project Number
Budgeted Item? Yes
Does item have a cost? No
Budget Adjustment Attached? NA
Budget Impact:
Sales Tax Capital Improvement
Fund
Stormwater Quality Management
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$ 95,528.00
$ 200.00
$ 95,328.00
f .� 95,328.00
V20180321
Purchase Order Number: Previous Ordinance or Resolution #i 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.fayettevil le-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.
BUDGETISTAFF 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 l) 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 MU'fUAI, 1N1'ERF.STS AND BENFl,'JTS
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. ]'his MOU is of
benefit to the CTfY OF FAY'IJ I'EVI.LLt:i 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 43,100,000 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 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
FAYETTEVIhLF., 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. i
e. Assistance to the CITY OF FAY1,7'I'EVILLE 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, el seq. A copy ofthe license shall be provided to the City at the time WCRC
submits its proposal for such a qualifying project.
E. THE CITY OI'' FAY.ETTEVILLI�:
1. Shall coordinate all activities within the City of Fayetteville Divisions and Departments
and between the CITY OF FAYEI-FEVILLE and the WCRC.
2. Shall assist with project activities and tasks.
2
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. FREEI)O.IvI 01' INFORMATION ACT (FOIA). CITY OF FAYE1 J'EVILLE 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. 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 fees.
3. PARTIC:Ii't!TION 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. DATE, The instrument is executed as of the date oftlic
last signature and is effective for five years.
5. PRINCIPAL CONTA('_C. 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:.. -i i w' -:'e
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: L)ILo v»fcr ' �rtiv ti i lls-ar_Lipv
Alan Pugh, Staff Engineer
City of Fayetteville
Phone: 479-575-8206
E-mail: a
6. itil()1 DISC'R1MiN11'1'ION. During the performance of this agreement, all parties will abide
by the terins 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.J. Formic,, Executive Director
Watershed Conservation Resource Center
11 ?ofg
Date
�J_a;Kf4ne.16-jordan e
C
Sondra E. Smith, City Clerk/Treasurer
City of Fayetteville
Dl/rlgIzoiy
Date
ORDINANCE NO. 5645
AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL
COMPETITIVE BIDDING AND APPROVING A FIVE YEAR
MEMORANDUM OF UNDERSTANDING WITH THE WATERSHED
CONSERVATION RESOURCE CENTER TO JOINTLY SEEK FUNDING
AND USE SUCH FUNDING TO DESIGN AND CONSTRUCT STREAM
RESTORATION PROJECTS
WHEREAS, the City of Fayetteville has long worked with the Watershed Conservation
Resource Center (WCRC) and funded quality stream restoration projects successfully completed
by the Center; and
WHEREAS, the provisions of the attached Memorandum of Understanding meet the
City of Fayetteville's need for continuing stream restoration projects at little or no cost to the
City; and
WHEREAS, the Watershed Conservation Resource Center can efficiently and
effectively provide this service at a significant savings to the citizens of Fayetteville.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Seoion 1: That the City Council of the City of Fayetteville, Arkansas hereby determines
an exceptional situation exists in which competitive bidding is deemed not feasible or practical
and therefore waives the requirements of formal competitive bidding and approves a
Memorandum of Understanding (marked as Exhibit "A" attached hereto and made a part hereof)
between the City of Fayetteville, Arkansas and the Watershed Conservation Resource Center to
jointly seek funding and use such funding to design and construct stream restoration pro' t[1►r,�
Y.�T r4r
authorizes Mayor Jordan to sign such Memorandum. ■■.�v�F�. • • • cf/1, �
C'
ly C1F �{
tea`•
PASSED and APPROVED this 71day of January, 2014. � FAYETTEVILLE � W
APPROVED: ATTEST:
err f S'r� • ..'.. • ' �ti `�;`
r t
GTE)
'Will
LI E1/D .JO i , i+Jlayor SONDRA E. SMITH, City Clerk/Treasurer
E
MEMORANDUM OF UNDERSTANDING EXHIBIT
1
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 c ]1 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 tees 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. RATION 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 a watershedconservation.or�
Chris Brown, P.E., City Engineer
City of Fayetteville
113 W. Mountain
Fayetteville, AR 72701
Phone: 479-575-8206
Fax: 479-575-8202
E-mail: cbrowntaki.fayeltevil I P -.,'r. Lis
Sarah Wrede, E.I., Staff Engineer
City of Fayetteville
Phone: 479-575-8206
E-mail: hwrcrlcrir�ci.fa ettevili�:. i�.!_:
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
fate
ioneld JorVR21,
r ate
City of Fay
- — - � ,A - e 1 . -&-
Sondra E. Smith, City Clerk/Treasurer
City of Fayetteville
w �a� o ��•�'Fi
�Ca� ►tn►
0
o -o 1 -i4
Date
El
Sarah Wrede
Submitted By
City of Fayetteville Item Review Form
2013-0244
Legistar File Number
1/7/2014
City Council Meeting Date - Agenda Item Only
NIA for Non -Agenda Item
Action Required:
Development Services
Department
An ordinance to waive competitive bidding and to enter into a Memorandum of Understanding with
the Watershed Conservation Resource Center to establish a general framework for cooperation to
seek funding and conduct stream restoration projects and to work together on nonpoint source
related issues.
Does this Item have a cost? No
$0.00
Cost of this request
n/a
Account Number
n/a
$0.00
Category or Project Budget
$0.00
n/a
n/a
Funds Used to Date
$0.00 n/a
Program or Project Name
Program or Project Category
Project Number Remaining Balance Fund Name
Budgeted Item? Budget Adjustment Attached? No
V20130912
Previous Ordinance or Resolution #
Original Contract Number;
liH F.R€
Comments;
13
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�.
e w��� THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENT CORRESPONDENCE
ARKAIQSAS
CITY COUNCIL AGENDA MEMO Council Meeting of January 7, 2014
To: Mayor and City Council
Thru: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
Chris Brown, City Engineer
From: Sarah Wrede, Staff Engineer
Date: December 18, 2013
Subject: An ordinance to waive competitive bidding and renew a Memorandum of Understanding with the
Watershed Conservation Resource Center to continue a general framework for cooperation to seek
funding and conduct stream restoration projects and to work together on nonpoint source related
issues.
PROPOS
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 noupoint 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.
13UI)GhT IMPACT
The proposed agreement will cause no budget impact. As tasks are identified, a Task Order, with associated fee, will be
developed for approval by the Mayor and City Council.
ORDINANCE NO.
AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL
COMPETITIVE BIDDING AND APPROVING A FIVE YEAR
MEMORANDUM OF UNDERSTANDING WITH THE WATERSHED
CONSERVATION RESOURCE CENTER TO JOINTLY SEEK FUNDING
AND USE SUCH FUNDING TO DESIGN AND CONSTRUCT STREAM
RESTORATION PROJECTS
WHEREAS, the City of Fayetteville has long worked with -the Watershed Conservation
Resource Center (WCRC) and funded quality stream restoration projects successfully completed
the Center; and
WHEREAS, the provisions of the attached Memorandum of Understanding meet the
City of Fayetteville's need for continuing stream restoration projects at little or no cost to the
City; and
WHEREAS, the Watershed Conservation Resource Center can efficiently and
effectively provide this service at a significant savings to the citizens of Fayetteville.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
�ccf ion 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 71" day of January, 2014.
APPROVED: ATTEST:
By:
LIONELD JORDAN, Mayor
In
SONDRA E. SMITH, City Clerk/Treasurer
THIS MOU WAS UPL)ATED
PLEASESEE UPDAT.F,,D V13RSTON
MEMORANDUM OF UNDERSTANDING
Between
Watershed Conservation Resource Center
And
City of Fayetteville
This Memorandum of Usti erstanding (MOU) is entered into and execwcd on the date indicated
below the signature block, by and between the Watershed Conservation Resource Center,
hereinafter referred to as WC . . and the CITY OF .FAYETTEVII.LI✓.
A. PURPOSE
The purpose of this MOU is to e"E ILLE to 1) seek blish a general franwork for cooperation between the
WCRC and the CITY OF FAYE'i'iCI nding and conduct stream restoration
projects to achieve the common g a] of tuaiv ing unstable sections of streams to a
morphologically stable form utilizing a Eur
on nonpoint source (NPS) related issue 2
riparian and other natural areas. Innco)
implementing stream restorations that wil
watersheds and will address severe stream.b,
habitat and maintaining a sustainable, natural
mutual interest.
cannel"design approach and 2) to work together
;iated with reducing nutrients and improving
proaches will be used in designing and
}tin improved water quality of the City's
erosion, while restoring aquatic and terrestrial
f-ology. Such cooperation will serve the parties'
B. STATEMENT OF MUTUAL INTER2 STS AND ENEFITS
The WCRC is a nonprofit organ€7atibi1 that strives to )rotect, conserve, and restore natural
resources by utilizing the watdti:
ed approach, eondt ting environmental outreach, and
providing planning and technical at iri�e to landowners, ornmunities, and government. The
WCRC principals are regional ex erts and local leaders in im\tboth
ting natural channel design -
based stream restorations that nett multiple local and rebjectives relating to river
channel instability, water quay y, ecological services, and grstruclut'e . This MOU is of
benefit to the CITY OFF YETTEVILLE because theseies will help to meet the
objectives of the City'Xrnlaireas. trient Reduction Plan and will lboth aquatic and terrestrial
habitat restoration, ied water quality in the form phosphorus and sediment
reductions, reduced siank erosion, and improve aesthetistreams and rivers. This
effort will also help tmote the use of alternatives to tl hannel modifications in
both urbanizing and n.
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 contaminan reduction. These projects have brought over $3,100,000 to the City for water
quality and OL er environmental improvements and have helped to create local partnerships and
outreach opt? )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 UPDATED 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 restoration and
assess urban streams and riparian areas to identify priority sites in need of r `•toration, In
addition, the WCRC continues to monitor and maintain the four implemented sir nt restoration
sites.
C. FEES AND PAYMENTS
No fee is asst ciated with this MOU. As projects are identified by ie City, a Task Order
establishing the c[�pe, 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 ttdix attached to each Task
Order. Adjustmen of the fee may be made should WCRC establish and the CITY OF
FAYETTEVILLE ag 'e that there has been, or is to be, a signifi nt change in scope, complexity
or character of the scar ices to be performed; or if the CITY OF" FAYETTEVILLE decides to
shorten the duration of 4� rk from the time period specified it the Agreement for completion of
work and such modifcatio warrants such adjustment.
In consideration of the aboveVcmises, the parties
D. THE WCRC:
1. Shall seek funding opp •tl
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
es for
as follows:
restoration projects and other projects
ronution.
the Mayor or City Council, as required by the
1 provide the services detailed in each Task Order.
reaches that could benefit from stream restoration
within the City limits.
b. Estimation of Ono11
0
rou reduction that would be realized for each priority
stream restoratio project.
c. Assistance in vcloping gra t applications for identified stream restorations
and other no point source pol ition assessment projects.
d. Vegetation •tablishment and nn, nasgement at City sponsored stream
restoratioi projects.
e. Ass....1 e to the CITY OF FA ETTEVILLE in addressing other NPS
related issues.
3. Shall accompli:s ther specific tasks as detailed i each Task Order
E. THE CITY OF FA 'ETTEVILLE:
I . Shall coordir to all activities within the City of Faye eville Divisions and Departments
and betwee the CITY OF FAYETTEVILLE and the RC.
2. Shall assis with project activities and tasks.
3. Shall pr ide review and input into the final restoration des ns.
4. Shall o ersee activities and coordinate staff needed for impie izntation of the restoration
desigy : .
5. Slial provide documentation of all project activities and associated matching fiends.
2
THIS .NIOU 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:
1. FREE -DOM 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.TY OF
FAYETTEVILLE, the WCRC will do everything possible to provide the documents 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 instar ent is subject to
the Freedom of Information Act (5 U.S.C. 552).
2. MODIFICATION. ModifientiRns within the scope of the instrumentVhall 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 neat shall not be allowed
without a prior formal contract amen
It
approved by the Ma r and/or the City Council in
advance of the change in scope, cost or ' es.
3. PARTIC:IPAT[ON IN SIMILAR ACTIVITIES. This instrument in no way restricts the
WCRC or the CITY OF FAYE'fTEVILL frons partici ating in similar activities with other
public or private agencies, organizations, and r dlvidual .
4. COMMENCEMENT/EXPIRATION DATE.
last signature and is effective for five years.
5. PRINCIPAL CONTACT. The principal
Sandi Formica, Executive Director
Watershed Conservation Resotnc
380 West Rock Street
Fayetteville, AR 72701
Office Phone: 479-444-191
Cell Phone: 501-352-51 2
Office Fax: 928-396- 46
E-mail: fornricata7watcr ialconscr
Chris Brown, Rycity Engineer
City of Fayettcv' 1e
1 13 W. Moun in
Fayetteville AR 72701
Phone: 4 -575-8206
Fax: 79-575-8202
E-mail x111'0 �°nul.�iavrttcville-;t.r..,e_v
instrument is executed as of the date of the
this instrument are:
Alan Pugh, Staff l girteer
City of Fayetteville
Phone: 479-575-8206
E-mail: ut�ur*Ittir f;rvc[ta-.vi
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.
Sandi J. ]
Watershe
Lioneld J
City of F
Sondra P
City of F
4