HomeMy WebLinkAbout30-19 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 30-19
File Number: 2019-0049
WATERSHED CONSERVATION RESOURCE CENTER TASK ORDER NO. 1:
A RESOLUTION 'TO APPROVE AN AMENDMENT TO TASK ORDER NO. I WITH THE
WATERSHED CONSERVATION RESOURCE CENTER IN THE ADDITIONAL AMOUNT OF
$16,702.35 FOR WORK PERFORMED DURING THE ASSESSMENT OF STREAMS THROUGH THE
CITY ASSOCIATED WITH A WETLAND PROGRAM DEVELOPMENT GRANT
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 Mayor Jordan
to sign an Amendment to Task Order No. 1 with the Watershed Conservation Resource Center in the
additional amount of $16,702.35 for work performed during the assessment of streams throughout the City
between November 1, 2013 and March 31, 2019, associated with an Environmental Protection Agency
Region 6 Wetland Program Development Grant.
PASSED and APPROVED on 2/5/2019
Approved:
Page 1
Attest:
''�{{{Illif►l►►►.
Lisa Branson, Deputy,$% r. l'SkF y 0; -V�.�
FA YE.,
on 217119
City of Fayetteville, Arkansas 113 West Mountain Street
y� •-: , Fayetteville, AR 72701
(479) 575-8323
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f Text File
-' File Number: 2019-0049
Agenda Date: 2/5/2019 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: A. 11
WATERSHED CONSERVATION RESOURCE CENTER TASK ORDER NO. 1:
A RESOLUTION TO APPROVE AN AMENDMENT TO TASK ORDER NO. 1 WITH THE
WATERSHED CONSERVATION RESOURCE CENTER IN THE ADDITIONAL AMOUNT OF
$16,702.35 FOR WORK PERFORMED DURING THE ASSESSMENT OF STREAMS THROUGH
THE CITY ASSOCIATED WITH A WETLAND PROGRAM DEVELOPMENT GRANT
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 Mayor Jordan to sign
an Amendment to Task Order No. 1 with the Watershed Conservation Resource Center in the additional
amount of $16,702.35 for work performed during the assessment of streams throughout the City between
November 1, 2013 and March 31, 2019, associated with an Environmental Protection Agency Region 6
Wetland Program Development Grant.
City of Fayetteville, Arkansas Page 1 Printed on 217/2019
City of Fayetteville Staff Review Form
2019-0049
Legistar File ID
2/5/2019
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Chris Brown 1/15/2019 ENGINEERING (621)
Submitted By Submitted Date Division / Department
Action Recommendation:
Approval of an amendment to Task Order #1 with the Watershed Conservation Resource Center (WCRC) in the
revised total amount of $181,226.35 (additional $16,702.35) for work performed during the assessment of streams
throughout the City associated with a Wetland Program Development Grant
4470.621.8810-5314.00
Account Number
02097.2014
Project Number
Budgeted Item? Yes
Does item have a cost? Yes
Budget Adjustment Attached? No
Budget Impact:
Sales Tax Capital Improvement
Fund
EPA Streambank Assessment Grant
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$ 37,497.00
$ 16,622.53
20,874.47
$ 16,702.35
4,172.12
V20180321
Purchase Order Number: Previous Ordinance or Resolution # 187-14
Change Order Number:
Original Contract Number:
Comments:
Approval Date:
CITY OF
FAYETTEVILLE
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 14, 2019
CITY COUNCIL, MEMO
SUBJECT: Approval of an amendment to Task Order #1 with the Watershed
Conservation Resource Center (WCRC) in the revised total amount of $181,226.35
(additional $16,702.35) for work performed during the assessment of streams throughout
the City associated with a Wetland Program Development Grant
RECOMMENDATION:
Staff recommends approval of an amendment to Task Order #1 with the Watershed
Conservation Resource Center (WCRC) in the revised total amount of $181,226.35 (additional
$16,702.35) for work performed during the assessment of streams throughout the City
associated with a Wetland Program Development Grant.
BACKGROUND:
On October 21, 2014, the City Council approved resolution 187-14 accepting an Environmental
Protection Agency (EPA) Region 6 Wetland Development Program Grant (WPDG) in the
amount of $142,500. This grant was to assess the condition of approximately 20 miles of
stream and create an inventory of riparian and streambank conditions within these areas. The
work also began to categorize the amounts and types of erosion along with their potential to
impact structures so that a prioritization for stream restoration projects could be developed.
DISCUSSION:
The final work plan for the project included 28.2 miles of urban streams which was longer than
the original estimate of 20 miles. The additional mileage mainly accounts for several tributaries
to Cato Springs Branch and brought many stream further into their headwaters than originally
planned due to instability. For these areas, WCRC monitored over 40 individual sites for a
period of three years in order to aide in the creation of erosion prediction curves. The
monitoring period was increased to three years from two years in order to improve the accuracy
of the erosion prediction curves and account for years in which there were few bank full events.
The purpose of the riparian and streambank assessment is to identify areas in need of
restoration and preservation, develop criteria to prioritize unstable streambanks for
restoration, including potential for wetland restoration. It also includes identification of
stable stream and wetland areas for preservation and provides information to the City's
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Engineering and Planning Divisions to use when evaluating proposed development that
could potentially impact streams, wetlands, and springs.
The time period for the grant was expanded through the requests and approval of
extensions through the EPA. The official grant period ended on December 31,2018 and the
work was complete. The 90 -day period beginning on January 1, 2019 allows for all
remaining items in order to close out 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 the matching funds. The grant matching requirements included the cost of
City staff time totaling $25,840 and the actual City staffing costs were $9,137.56. Therefore,
staff recommends increasing the contract amount with WCRC by the difference ($16,702.35) to
compensate WCRC for the additional work performed on the project.
The revised WCRC task order totals $181,226.35 and the total project budget, including
$142,500 from EPA, remains $193,340.
Attachments:
Resolution 187-14
THE CITY OF FAYETTEVILLE, ARKANSAS
AMENDMENT to Task Order NO.1
Amendment 1
INVENTORY OF RIPARIAN AND STREAMBANK CONDITIONS OF
FAYETTEVILLE'S URBAN STREAMS
This Task Order Amendment, dated, ; f 4 ;; (i, ! 2019 shall amend the original Task
Order No. 1 between the CITY OF FAYETTEVILLE, ARKANSAS and the WATERSHED
CONSERVATION RESOURCE CENTER, dated October 21, 2014 for watershed
assessment activities in connection with the inventory of riparian and streambank conditions
along certain streams within the City of Fayetteville limits. This task order amendment
modifies the original Task Order No. 1 to include an expansion of the project scope,
associated fees, and timeline.
Task Order No. 1 is hereby amended by modification to the following Sections which
supersede the corresponding Sections in the original task order.
Section I - Project Description
This project consists of developing an inventory of the riparian and streambank conditions
for 28.2 miles of urban streams and develop streambank erosion prediction curves to
estimate sediment and nutrient loadings from streambank erosion. The purpose of the
riparian and streambank assessment is to: A) Identify areas in need of restoration and
preservation; B) Develop criteria to prioritize 1) unstable streambanks for restoration,
including potential for wetland restoration and 2) stable stream and wetland areas for
preservation; and C) Provide information to the City's Engineering and Planning Divisions to
use when evaluating proposed development that could potentially impact streams,
wetlands, and springs. The inventory will include an evaluation of A) the riparian area in
which wetland features, springs, and general vegetation composition will be identified and
B) streambanks with accelerated erosion that includes measuring erosion rates,
characterizing streambank materials, and estimating sediment and nutrient loadings.
Section II - Project Timeframe
The project will be conducted over the period of the grant award which is November 1, 2013
to March 31, 2019.
Section III - Scope of Services
The WCRC will conduct activities as outlined in the attached workplan. Activities include
but are not limited to: 1) Development of a Quality Assurance Project Plan 2) Conducting an
inventory of stream and riparian conditions for a minimum of 28 stream miles 3) Developing
streambank erosion prediction curves and estimated sediment and nutrient loads, including
streambank erosion monitoring over a 2 -year period and 4) prioritization of areas in special
need of protection or restoration by development of a GIS tool for use by the CITY and
THE CrrY OF FAY ETTEVILLE, ARKANSAS
interested conservation stakeholders.. In addition, the WCRC will contract directly any
contract services needed.
Section IV - Fees and Payments
WCRC will perform the above -referenced Scope of Services for $181,226.35
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 modification
to be duly executed as of the date and year first herein written.
FOR THE ZITY OIC-RAYETTEVI LLE
tfft Attest: uW WM )11
Jordan Sondra Smith, City
Date: 210)
i
FOR WATERSHED CONSERVATION RESOUCE CENTER
AN
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Sandi Formica
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FAYE7TEVILLE
RESOLUTION NO. 187-14
A RESOLUTION TO AUTHORIZE ACCEPTANCE OF AN
ENVIRONMENTAL PROTECTION AGENCY GRANT IN THE AMOUNT OF
$142,500.00, TO APPROVE TASK ORDER NO. 1 WITH THE WATERSHED
CONSERVATION CENTER IN THE AMOUNT OF $164,524.00 FOR AN
INVENTORY OF RIPARIAN AND STREAMBANK CONDITIONS IN THE
CITY OF FAYETTEVILLE, AND TO APPROVE A BUDGET ADJUSTMENT
WHEREAS, Ordinance No. 5645, which was passed and approved on January 7, 2014,
waives the requirement of formal bidding and authorizes the City to "jointly seek funding and
use such funding to design and construct stream restoration projects" pursuant to a Memorandum
of Understanding with the Watershed Conservation Resource Center.
NOW, THEREFORE, 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
acceptance of an Environmental Protection Agency grant in the amount of $142,500.00 and
approves Task Order No. 1 with the Watershed Conservation Center in the amount of
$164,524.00 for an inventory of riparian and streambank conditions in the City of Fayetteville.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a
budget adjustment, a copy of which is attached to this Resolution.
PASSED and APPROVED this 21St day of October, 2014.
ATTEST:
By:. J!44. e�— 441U�
SONDRA E. SMITH, City CkTfW'4easurer
K
R FAYETTEVILLE:X-
:F
-57. r�L
�A N$
Chris Brown
Submitted By
City of Fayetteville Staff Review Form
2014-0429
Legistar File ID
10/21/2014
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
10/3/2014
Engineering /
Development Services Department
�uurrnueu vaLc Division /Department
Action Recommendation:
Acceptance of a Wetland Program Development Grant in the amount of $142,500.00 from the Environmental
Protection Agency Region 6 for the assessment of City streams, approval of Task Order No. 01 with the Watershed
Conservation Resource Center, and approval of a budget adjustment acknowledging receipt of the grant funds and
required matching funds.
Budget Impact:
4470.9470.5817.00 Sales Tax Capital/Bridge and Drainage
Account Number
02097.2014
Project Number
Fund
Stormwater Quality Mgmt/EPA Streambank
Assessment Grant
Budgeted Item? Yes Current Budget
Funds Obligated
Current Balance
Does item have a cost? Yes Item Cost
Budget Adjustment Attached? Yes Budget Adjustment
Remaining Budget
Project Title
$ 264,746.00
$ 94,065.67
$ 170,680.33
$ 193,340.00
$ 142,500.00
$ 119,840.33
V20140710
Previous Ordinance or Resolution # 126-13
Original Contract Number:
Comments:
Approval Date: 10 -r9 l , '� 0l
CITY OF
"'*Pay P. IV I lee
ARKANSAS
MEETING OF OCTOBER 21, 2014
TO: Mayor and City Council
CITY COUNCIL AGENDA MEMO
THRU: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
Chris Brown, City Engineer
FROM: Alan Pugh, Staff Engineer
DATE: October 1, 2014
SUBJECT: Acceptance of a Wetland Program Development Grant in the amount of
$142,500.00 from the Environmental Protection Agency Region 6 for the
assessment of City streams, approval of Task Order No. 01 with the
Watershed Conservation Resource Center, and approval of a budget
adjustment acknowledging receipt of the grant funds and required
matching funds.
RECOMMENDATION:
Acceptance of a Wetland Program Development Grant in the amount of $142,500.00 from the
Environmental Protection Agency Region 6 for the assessment of City streams, approving Task
Order No. 01 with the Watershed Conservation Resource Center, and approving a budget
amendment acknowledging receipt of the grant funds and required matching funds.
BACKGROUND:
On June 4, 2013, City Council approved Resolution Number 126-13 to apply for an EPA Region
6 Wetland Development Program Grant (WPDG). Based upon that application, Fayetteville has
been notified by the Arkansas Natural Resources Commission that it is the recipient of $142,500
in EPA Region 6 grant assistance from the Wetland Development Program.
DISCUSSION:
This project grant was developed in cooperation with the Watershed Conservation Research
Center, WCRC, and proposes to develop an inventory of the riparian and streambank conditions
for approximately 20 miles of urban streams and wetlands. The purpose is to identify areas in
need of restoration and preservation, develop criteria to prioritize projects and provide information
to the city's engineering and planning divisions to use when evaluating proposed development
that could potentially impact streams, wetlands and springs.
Proposed locations include Town Branch, Scull, Hamestring, Owl, and Clabber Creeks. The
assessment will include development of streambank erosion prediction curves to estimate
sediment and nutrient loadings from streambank erosion. The stream assessment will include an
evaluation of streambanks showing signs of accelerated erosion and the condition of riparian
areas and identification of wetland features and springs within the stream corridor. Data will be
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
collected to evaluate streambank erosion rates to help identify sites in need of restoration. These
unstable sites will be prioritized for restoration based on sediment and nutrient loadings, location,
and threat to property and City infrastructure.
Hamestring, Owl, and Clabber Creeks are located in the western side of Fayetteville, where
there continues to be rapid growth. These three watersheds are part of the Illinois basin and
encompass an area of approximately 14 square miles. Accelerated streambank erosion that
threatens property and City infrastructure and contributes excessive loads of sediment and
nutrients to the Illinois River watershed has been observed in this area. Also, exceptional
natural features, such as wetlands, springs, remnant prairies, and hydric soils have been noted
in these watersheds. Evaluation of the stream corridor within these watersheds can enhance
planning efforts to preserve streams, wetlands, aquatic, and terrestrial habitat and help to
minimize the impact of growth on existing ecosystems. The assessment will also help the City
of Fayetteville to take actions to reduce the contribution of non -point source pollution to our
stream systems and direct funding for streambank restoration to the most beneficial areas.
On January 7, 2014, the City Council approved agreement memorandum of understanding with
the Watershed Conservation Resource Center (WCRC), and established a method for
developing Task Orders to assist the City on projects such as this. To that end, Task Order No.
01 in the amount of $164,524.00 has been developed.
The EPA Region 6 WPDG is a 25/75 matching grant. Subsequent to City Council approval, the
application was submitted and the EPA awarded a WPD Grant in the amount of $142,500 which
will cover approximately 73.7% of the $193,340.00 total project budget. The remainder,
$50,840.00, will be addressed through combination of matching funds and City staff time.
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 the matching funds. Funding from this project includes $25,000 in matching
funds and $28,816.00 in staff time, representing approximately 450 staff hours.
Attachments:
EPA Approved Work Plan
EPA Notice of Award
Resolution 126-13
Task Order NO. 01
Ordinance 5645 and Supporting Documentation
City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar)
Budget Year Division: Engineering Adjustment Number
2014 Dept.: Development Services
Requestor; Chris Brown
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
EPA has awarded a grant ($142,500) to the City to assess the City's Streambanks. There is also a City match of 26.3%
($50,840.00) bringing the total amount of the prject to $193,340.00. The work will be completed by WCRC and there
will be some engineering contra.
RESOLUTION/ORD I NANCE
COUNCIL DATE: 10/21/2014
LEGISTAR FILE ID#: 2014.0429
'l3A.i'1TU. al FeIV
10/2/2014 11:19 AM
Budget Director
TYPE:
DESCRIPTION:
GLDATE:
POSTED:
Date
TOTAL
142,500 142,500
v.20140829
Increase / (Decrease)
Project.Sub#
Account Number
Expense Revenue
Project
Sub
AT
Account Name
4470.0947.4309.01
- 142,500
02097
2014
RE
Federal Grants - Operational
4470.9470.5314.00
139,524
02097
2014
EX
Professional Services
4470.9470.5314.04
2,976
02097
2014
EX
Engineering Contra Servs
4470.9470.5817.00
(50,840)
02097
1
EX
Bridge & Drainage Improve
4470.9470.5314.00
25,000
02097
2014
EX
Professional Services
4470.9470.5314.04
_
25,840
02097
2014
EX
Engineering Contra Servs
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THE CITY OF FAYETTEVILLE, ARKANSAS
TASK ORDER NO. 1
INVENTORY OF RIPARIAN AND STREAMBANK CONDITIONS OF
FAYETTEVILLE'S URBAN STREAMS
STATE OF ARKANSAS
COUNTY OF WASHINGTON
This Task Order is written pursuant to the Memorandum of Understanding (MOU) as
described in Ordinance No. 5645 executed on January 7, 2014. The referenced MOU
pertains to potential stream restoration projects and associated services with the Watershed
Conservation Resource Center (WCRC). This Task Order entered into and executed on the
date indicated below the signature block by and between the City of Fayetteville and
Watershed Conservation Resource Center sets forth the project description, project
schedule and associated fees for these services related to Federal Assistance Grant (I.D.
OOF74201) "Inventory of Riparian and Streambank Conditions of Urban Stream" awarded to
the City on September 18, 2013.
Section I - Project Description
This project consists of developing an inventory of the riparian and streambank conditions
for 20 miles of urban streams and develop streambank erosion prediction curves to
estimate sediment and nutrient loadings from streambank erosion. The purpose of the
riparian and streambank assessment is to: A) Identify areas in need of restoration and
preservation; B) Develop criteria to prioritize 1) unstable streambanks for restoration,
including potential for wetland restoration and 2) stable stream and wetland areas for
preservation; and C) Provide information to the City's Engineering and Planning Divisions to
use when evaluating proposed development that could potentially impact streams,
wetlands, and springs. The inventory will include an evaluation of A) the riparian area in
which wetland features, springs, and general vegetation composition will be identified and
B) streambanks with accelerated erosion that includes measuring erosion rates,
characterizing streambank materials, and estimating sediment and nutrient loadings.
Section II - Project Timeframe
The project will be conducted over the period of the grant award which is November 1, 2013
to October 31, 2016.
Section III - Scope of Services
The WCRC will conduct activities as outlined in the attached workplan. Activities include
but are not limited to: 1) Development of a Quality Assurance Project Plan 2) Conducting an
inventory of stream and riparian conditions for a minimum of 20 stream miles 3) Developing
streambank erosion prediction curves and estimated sediment and nutrient loads and 4)
prioritization of areas in special need of protection or restoration. In addition, the WCRC will
contract directly any contract services needed.
THE CITY OF FAYETTEVI LL E, ARKANSAS
Section IV - Fees and Payments
WCRC will perform the above -referenced Scope of Services for $164,524 ($139,524 of
which will be f=ederal Funds) as detailed in the attached prosect workplan (Attachment 1).
Section V - Memorandum of Understanding in Effect
Except as amended specifically herein, the Memorandum of Understanding Fayetteville
shall remain in full force as originally approved.
IN WITNESS WHEREOF, the parties hereto have caused this TASK ORDER to be duly
executed as of the date and year first herein written.
FOR THE C Y OF F EVI LLE
ayor ioneld ordan
Date: o
FOR WATERSHED CONSERVATION RESO
Attest:
Attest:
Sondra Smith, City Cle fit+~1111+►►►►
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=!5'- VILLE:
,,,�f�ra y •�aL��,
UCE CENTER ►1111111W
By.
4aan�iFormica
Date:—Qc.4 1--01 ��
Proposal Workplan
Section A: Cover Page
Project Title: Inventory of Riparian & Streambank Conditions of Urban Streams
Track II Application — FYI or FY14
Core Elements: Monitoring and Assessment and Voluntary Restoration and Protection
ACTIONS: 1.Identify program decisions and long term environmental outcome(s) that will
benefit from a wetland monitoring and assessment program, 2.Consider watershed planning,
wildlife habitat, and other objectives when developing your selection process
restoration/protection sites, 3.13evelop and evaluate restoration/protection projects, and 4.
Monitor restoration sites to ensure that they are implemented and managed correctly and linked
to relevant watershed planning efforts.
Name of Applicant: City of Fayetteville, Arkansas, DUNS #07-565-7742
Key personnel and contact information:
Sarah Wrede, City of Fayetteville, Engineering, swrede@ci.fayettevi.11e.ar.us, (479) 575-8208
Sandi Formica, WCRC, formica@watershedeonservation.org, (501) 352-5252
Geographic Location: Fayetteville, Washington County, Arkansas; HUC: 11110103, Illinois
River Watershed; HUC: 11010001, Upper White River Watershed
Total Project Cost: $193,340, Federal Dollars Requested: $142,500, Match: $50,840
Abstract/Project Summary: Assessing stream systems within our urban areas provides
important information to help conserve natural resources, protect water quality, and plan for
urban development. The City of Fayetteville (City) in partnership with the Watershed
Conservation Resource Center (WCRC) proposes to develop an inventory of the riparian
condition of 20 miles of urban streams and develop streambank erosion prediction curves to
estimate sediment and nutrient loadings from streambank erosion. The stream inventory will
include an evaluation of the riparian area and streambanks. Wetland features, prairies, and
springs within the stream corridor will be identified. Data will be collected on streambanks
showing signs of accelerated erosion and erosion rates will be measured to identify sites needing
restoration and quantify sediment and nutrient loadings. Criteria will be developed and applied
to prioritize sites for preservation or restoration, depending on their condition.
Hamstring, Owl, and Clabber Creeks will be included in the study and are located where
there continues to be rapid development. Accelerated streambank erosion contributes excessive
loads of sediment and nutrients to these streams and has been observed in this area along with
exceptional natural features, such as wetlands, springs, remnant prairies, and hydric soils.
Evaluation of these urban stream corridors will enhance planning efforts to preserve streams,
wetlands, and aquatic/terrestrial habitats and help to minimize the impact of urban growth on
existing ecosystems. The streambank evaluation will help the City to take actions to reduce NPS
pollution and direct funding for streambank restoration to the most beneficial area.
2
Section B: Project Description: The City of Fayetteville (City) in partnership with the
Watershed Conservation Resource Center (WCRC) proposes to develop an inventory of the
riparian and streambank conditions for 20 miles of urban streams and develop streambank
erosion prediction curves to estimate sediment and nutrient loadings from streambank erosion.
The purpose of the riparian and streambank assessment is to: A) Identify areas in need of
restoration and preservation; B) Develop criteria to prioritize 1) unstable streambanks for
restoration, including potential for wetland restoration and 2) stable stream and wetland areas for
preservation; and C) Provide information to the City's Engineering and Planning Divisions to
use when evaluating proposed development that could potentially impact streams, wetlands, and
springs. The inventory will include an evaluation of A) the riparian area in which wetland
features, springs, and general vegetation composition will be identified and B) streambanks with
accelerated erosion that includes measuring erosion -rates, characterizing streambank materials,
and estimating sediment and nutrient loadings
Prioritization of unstable sites for restoration will be based on sediment and nutrient loadings,
location, threat to property, and presence or potential to create natural features, such as,
wetlands, prairies, etc. Documentation and prioritization of the existence of natural features will
help to ensure that they will not be destroyed or damaged from development. The assessment
will focus on Hamestring, Owl, and Clabber Creeks, which are located in the western side of
Fayetteville, where there continues to be rapid development (Section F, Att.1). These three
watersheds are part of the Illinois basin and encompass an area of approximately 14 square
miles. Additional streams will be identified to include in the study within Beaver Lake
watershed. Beaver Lake is the drinking water source for over 450,000 NW Arkansas residents.
I. Program Priorities: Track Two: The proposed project falls under two Core Elements:
Monitoring and Assessment and Voluntary Restoration and Protection. The action under
Monitoring and Assessment is `identify program decisions and long term environmental
outcomes) that will benefit from a wetland monitoring and assessment program. ' Funding will
be sought to restore sites identified as unstable with poor riparian conditions to enhance habitats
and improve water quality. Wetland areas and springs will be identified along with high quality
headwater streams. The information and knowledge gained from the assessment will be used to
help support the City's Streamside Protection Ordinance. Information on contaminant load
reduction from stream restoration will be tied to the broader watershed planning efforts. The
first action under Voluntary Restoration and Protection is `consider watershed planning, wildlife
habitat, and other objectives when developing your selection process restorationlprotection
sites.' The criteria selected to prioritize sites for restoration or protection will be based on local
watershed planning efforts. Both EPA accepted watershed plans for the Illinois River and
Beaver Lake emphasize the need to improve water quality through riparian enhancement and
preservation and reduction of sediment and nutrient loadings -through streambank restoration.
Both the streambank erosion prediction curves and prioritization criteria will serve as examples
of assessment techniques that other urban areas can use to manage and protect their urban stream
corridors. The second action is `develop and evaluate restoration protection projects. ' The
project results will provide the City stream/ wetland sites prioritized for restoration or protection.
The third action is `monitor restoration sites to ensure that they are implemented and managed
correctly and linked to relevant watershed planning efforts. ' The City has previously partnered
with the WCRC to restore three urban stream sites that include wetland features. All three sites
will be monitored and maintained to ensure objectives are being met.
2. Description of Need: Over the past 30 years, Northwest Arkansas' population tripled to
approximately 400,000. Both forested and agricultural lands have been converted to urban areas,
increasing the amount of impervious surfaces, which has increased runoff and intensified the
4
magnitude and frequency of high flow events in streams. This additional runoff and energy has
increased channel erosion, resulting in vertical cut -banks on both City and private property.
Development has also resulted in the loss of urban wetland, prairie, headwater stream, and
riparian features that are connected to the stream channels and needed for healthy stream
ecosystems. Conducting an inventory of the condition of 20 miles of urban streambank and
riparian areas will provide information and data needed to restore disturbed sites and to preserve
robust natural features. The City will use this assessment to help determine their contribution to
water quality improvements in the Illinois River and Beaver Lake watersheds by restoring and
protecting urban streams and wetlands. The City will become a regional example of collecting
environmental data and using it to plan for urban development and natural resource protection.
Prioritizing unstable stream sites for restoration based on established watershed planning goals
will result in better utilization of funding for restoration and maximizes the benefits gained,
The proposed project will help the City to meet both local and regional priorities for water
quality improvement and protection. Locally, the City of Fayetteville adopted a Streamside
Protection Ordinance in 2011 to accomplish several goals including: reduce pollutants in
waterways, preserve flood capacity, and protect the integrity of natural resources. These goals
and all technical details of the ordinance where researched by staff and went through an
extensive public review and comment process. The ordinance establishes streamside protection
zones along streams within the City with a drainage area of 100 acres or greater. City staff
reviews development plans for compliance with the ordinance, answers questions from the
public and educates City staff who work near streams. The riparian and streambank assessment
will provide additional data needed to help with the Streamside Protection Ordinance.
The project also addresses regional priorities and local objectives associated with the Illinois
River and Beaver Lake watersheds. Both watersheds 1) have impaired or 303 (d) listed streams
or stream segments that are in need of additional data, with siltation/turbidity specified as the
cause and surface erosion as the source; 2) are considered a priority by the ANRC for reducing
nutrients. This project will provide scientific data and information to support actions that will
reduce both sediment and nutrient loads. In addition, comprehensive watershed management
plans have been developed and accepted by US EPA and include goals for water quality
protection through restoration and protection of riparian buffers and streambanks.
3. Outputs, Outcomes and Results
i. Outputs.- The expected environmental outputs are 1) Identification, for 20 miles of
urban streams, a) sites needing streambank and riparian restoration, including wetland
enhancement and b) areas of stream corridor that have unique environmental attributes, such as
healthy riparian forest, wetlands, springs, and/or prairie; 2) Criteria for prioritizing sites for
restoration or preservation; 3) Maps showing prioritized sites for restoration or preservation to be
used as a planning tool for the City and local watershed planning; 4) A set of streambank erosion
prediction curves to be used at sites without erosion data; 5) Estimates of annual loading rates of
sediment, T. Phosphorus, and T. Nitrogen from streambank erosion within the 20 miles of
surveyed channel; and 6) Comparison of channel dimensions and summary of vegetation and
maintenance at three existing urban restorations.
ii. Outcomes:_ The expected environmental outcomes are 1) Improve the decision making
ability of the City and watershed planners in conducting restoration of streams, wetlands, and
riparian areas within the City; preservation of healthy streams, wetlands, and other natural
features with respect to urban development; and reduction of sediment and nutrients from
streambank erosion to improve water quality within the Illinois River and Beaver Lake
watersheds; 2) Integrate the City's efforts of restoration and preservation of urban streams and
wetlands into local watershed planning; 3) Have available for the City and watershed planners
both prioritization criteria and the data/information needed to estimate contaminant loadings for
the evaluation of other areas within the City; 4) Improve the ability of City staff to implement the
Streamside Protection Ordinance through the data and information collected; 5) Increase
understanding of City's maintenance staff and volunteers on the importance of urban streams,
wetlands, water quality, native vegetation management, and maintenance at three existing urban
stream restoration sites; 6) Improved stream, riparian area, and wetland protection efforts;
7) Increase understanding of healthy streams and wetland condition.
iii. Link to the EPA Strategic Plan: These outputs and outcomes are directly linked to the
EPA Strategic Plan's Goal 2 — Protecting America's Water because data will be collected and
analyzed to provide information on the condition of streams and wetlands to local & state
government and watershed planners to restore and protect urban natural resources. This
information will be used to prevent the destruction of healthy sections of stream and wetlands
from urban development. Restoration efforts will be based on the results of this study, which
emphasizes maximizing sediment and nutrient load reductions from streambank erosion to
improve the water quality of streams within the Illinois River and Beaver Lake watersheds.
iv. Tracking Outputs„ and Outcomes: The seven outputs will be direct deliverables
associated with the project and completed during the timeframe of the project. City engineering
staff will document the City's use of the project information in the manner described in
outcomes 1-4). A form will be developed in which City staff will complete whenever
considering the information provided in evaluating planned development both private and
municipal, interaction with local watershed groups, and implementing the streamside protection
ordinance. A questionnaire will be developed and distributed to City staff and volunteers who
provide assistance in monitoring and maintaining existing restoration sites as described in
7
Outcome 5). Outcomes 6-7) will be evaluated by recording the number of stream miles, wetland
acres, and other natural features restored or preserved based on the results of this study.
4. Proiect Tasks The project tasks are summarized as follows:
Task 1: Development of Quality Assurance Project Plan (QAPP). A QAPP will be developed
to assure that data collection activities result in quality data. The WCRC will be responsible for
this task. Deliverable: LPPA Approved QAPP
Task 2: Conduct Inventory of Riparian, Streambank, Wetland, and other Natural Features.
Under this task, 1) In addition to the main stems of Owl, Hamestring, and Clabber Creeks,
stream(s) will be identified to be included in the inventory and assessment; landowner access
permission will be determined or obtained; 2) An inventory of riparian and streambank
conditions for 20 miles of urban stream will be conducted that includes the following
components: a) Information on the riparian area including presence of wetland features, springs,
prairie, forest coverage, and vegetation composition; b) streambanks showing signs of
accelerated erosion will be evaluated for their erosion potential using the Bank Erosion Hazard
Index (BEHI) method and for Near Bank Shear Stress (NBSS); c) physical measurements of
streambank height and length will be performed; d) the width of the riparian area will be
evaluated using GIS. The WCRC will be responsible for Task 2 except the applicant will assist
with identifying additional areas to include in the assessment and obtaining landowner
permission where necessary. Deliverables: A summary of the inventory results with maps.
Task 3: Develop streambank erosion prediction curves and estimate sediment loads from
eroding streambanks. Under this task 1) Select a minimum of 24 sites for evaluation of lateral
streambank erosion rates based on the results of the inventory, install toe pins, and measure bank
profiles; 2) Characterize streambank materials through sampling and analysis; 3) Following one
year, measure bank profiles again; evaluate flow conditions to determine if measurements need
to be collected again; 4) Develop erosion prediction curves; 5) Estimate sediment and nutrient
loads from streambanks. The WCRC will be responsible for this task. Deliverables: Maps
showing erosion potential for streambanks; streambank erosion prediction curves for City of
Fayetteville tributaries; estimates of sediment and nutrient loads resulting from streambank
erosion and at restoration sites.
Task 4: Develop and Implement Criteria for Prioritizing Sites for Restoration or
Preservation. Activities include 1) Criteria for preservation of riparian areas associated with
wetland features, prairies, and/or stable streams will be developed and applied; 2) Criteria for
prioritizing the restoration of unstable streambanks will be developed and applied. Deliverables:
Mapping products showing prioritized sites and summary of problems and/or natural attributes.
Task S: Integrate Study Results into City Engineering/Planning and Monitor and Maintain
Existing Restoration Sites. Activities include 1) coordinate with City Engineering & Planning
staff to develop strategies for utilizing study results to a) assist with activities associated with the
streamside protection ordinance; b) evaluate urban development proposals; and c) seek and
budget funding for restoration; and d) develop incentives for preservation; 2) At three existing
stream restoration sites a) collect stream assessment data to determine if restoration is meeting
project goals and objectives; b) conduct needed maintenance associated with vegetation and
hydrology. The applicant and the WCRC will work on these tasks together. Deliverables:
Summary of strategies developed and monitoring and maintenance results.
Task 6: Technology Transfer and Outreach. Under this task 1) work with local watershed
groups and planners to incorporate assessment information into watershed management efforts;
2) incorporate project information into local and regional workshops, meetings, conferences
and/or courses attended by city planners, local decision makers, and/or environmental
professionals; and 3) work with City staff and volunteers to remove invasive plants at existing
0
stream restoration sites a minimum of two times each at three sites. The applicant and the
WCRC will be responsible. Deliverables: Outreach activities summary
Task 7. Administrative and Reporting. The applicant will provide project oversight and develop
1) quarterly reports and 2) a final report. Deliverables: Quarterly and Final Reports
5. Partnership .Informati— In addition to the partnership between the City and WCRC,
the following organizations have agreed to participate as partners and provide assistance:
Fayetteville Natural Heritage Commission will provide information on their green
infrastructure study and input on the prioritization of sites for preservation.
Beaver Lake Watershed Alliance will assist in transferring information and results to their
watershed planning team and to other watershed groups. They will also assist coordinating
volunteers for removing invasive vegetation from existing restoration sites.
Illinois River Watershed Partnership will assist with transferring information and results to
their watershed planning team and coordination of volunteers for invasive plant removal.
Arkansas Natural Resource Commission will assist with transferring project information and
results to the Arkansas Multi Agency Wetland Planning Team.
Letters of support can be found in Section F, Att. 2.
6. Milestone Schedule
Milestone/Task
Start Date
End Date
Product
1: Develop QAPP
11/01/13
01 /30/14
Approved QAPP
2: Conduct Inventory
1) Finalize Site Selection
12/01/13
01/15/14
Area/watershed map
2) Conduct Inventory
02/01/14
05/31/14
Inventory results
3: Develop Streambank Erosion
Prediction Curves/Estimate Loads
1) Select Streambanks/Monitoring
05/31/14
07/31/14
Map of selected locations
10
2) Install Toe Pins/Measure Bank
08/01/14
10/31/14
Summary of data collected
Profiles/Conduct BEHI/NBSS
3) Follow-up Measurements
09/01/15
10/31/15
Summary of erosion rates
4) Sample/analyze bank materials
10/31/14
09/01/15
Results of Analysis
5) Create plot of curves
11/01/15
01/15/16
Prediction Curves
I
6) Estimate sediment & nutrient loads
01/16/16
02/28/16
Summary of loadings
4: Prioritization Criteria
1) Riparian Preservation
11/01/14
10/31/15
Map of sites prioritized
2) Stream & Wetland Restoration
10/31/15
06/30/16
Map of sites prioritized
5: Integration of Study Results &
02/01/14
10/31/16
Summary of Strategies and
Monitoring & Maintenance
Monitoring/Maintenance
6: Outreach
04/30/14
09/30/16
Summary of activities
7. Reporting - Quarterly Report
01/31/14
10/31/16
Progress report
Final Report
08/15/16
10/31/16
Final report
7. Detailed Budget Woi-ki)lam: If the applicant receives an award, the sub-award/sub-grant
will be properly awarded consistent with the applicable regulations in 40 CFR Parts 30 or 31.
The applicant will also follow all appropriate procurement standards as required by EPA. The
overall project budget is summarized in the table below. The award recipient will administer the
grant and procure services. The sub -award recipient, the WCRC, will execute major project
tasks associated with this proposal, because of their unique expertise in the area of natural
resource inventories, watershed assessment, streambank erosion monitoring and material
sampling and analysis, and development of streambank prediction curves. Their budget is shown
on line "h. Other: WCRC" in the budget table below. The primary responsibilities of the WCRC
are outlined in Section B.4. The contract services include procurement of wetland and native
plant expertise ($15,000) and analysis of streambank material samples ($3,000).
The federal, non-federal, and total cost for each project task identified in Section B.4 are as
follows: Task 1.Develop QAPP (F-$3,000, NF -$1,000 T-$4,000); Task 2. Resource Inventory
11
(F-$25,000, NF -$19,000, T-$44,000); Task 3.Develop Prediction Curves (17465,000, NF -
$10,840, T-$75,840); Task 4.Develop and Implement Prioritization Criteria (F-$10,000, NF -
$5,000, T-$15,000); Task 5.Intergrate Study Results (F-$20,000, NF -$5,000, T-$25,000); Task
6.Technology Transfer (F-$10,000, NF -$5,000, T-$15,000); and Task 7.Administrative and
Reporting (F-$10,000, NF -$5,000, T-$15,000).
The applicant is providing the in-kind match and cash match ($25,000) to successfully complete
tasks described in Section B.4.
12
Project Budget
Object Class Cat.
Federal . Non -..Federal
Total
a. Personnel
$0
$19,458.
. $19,458
b. Fringe
$U
$6,382
$6,382
c. Travel
$2;975
$0
$2,976
d. Equipment
$0
$0
$0
e. Supplies
$0
$0
$0
f. Contract
$18,388
$0
$18,385
g. Construction
$0
$0
$0
h. Other: WCRC
see table below)
$12.1;136
.`$25,000
$145,136
i. Total Direct
$142,500
$50,840
$1.93,340
j. Indirect
$0
$0
$.0
k. Totals
$ i -}2,5{7U
$50.840
$193,340
The applicant is providing the in-kind match and cash match ($25,000) to successfully complete
tasks described in Section B.4.
12
A breakdown of the
WCRC budget,
which is part of the
total project cost of
$193,340, is shown
in the table below.
Travel expenses will
be used to complete
the Section B.4 tasks
and to attend
professional
meetings related to
the scope of the
work being
performed. Supplies
include; Computer
Workstation ($1,500), Laptop Computer ($1,500), Surveying Supplies ($1,000), ArcMap software
license ($2,000), Project maintenance materials including native plant seed and erosion control fabric
(2,000), and rental of machinery to implement prescribed maintenance activities ($1,035). Indirect
costs are based on a negotiated rate the WCRC has established with the Department of the Interior.
8. Restoration Demonstration Prosect Information — N/A
9. Programmatic Capability/ Technical Experience/ Qualifications
The following staff will have primary roles and responsibilities in implementing this project.
Sarah Wrede, City of Fayetteville, Engineering Division — As Project Coordinator, she will
coordinate activities within City Divisions and with the WCRC, oversee the budget, assist with
13
Other: WCRCBurlget
(included in the total project
cost of $193,340)
Object Class Cat.
Te.de3ral Non -Federal
Total.
a. Personnel
555;000
$11,000
$66,.006
b. Fringe
$21,835
$4,367
$26,202
c. Travel
%000
:3.000
.$9,000
d. Equipment
$0
$0
$0
e. Supplies
$9,035
$780
$9,ST5
f. Contract
$0
$0
$0
g. Construction
$0
$t1
$0
h. Other:
$0
`1;0
$0
i. Total Direct
`691,870
$19,147
$111,017
j. Indirect
$29,256
:$5,853
$35,119
k. Totals$12-1,136
$25,0[}0
S14t5136
Workstation ($1,500), Laptop Computer ($1,500), Surveying Supplies ($1,000), ArcMap software
license ($2,000), Project maintenance materials including native plant seed and erosion control fabric
(2,000), and rental of machinery to implement prescribed maintenance activities ($1,035). Indirect
costs are based on a negotiated rate the WCRC has established with the Department of the Interior.
8. Restoration Demonstration Prosect Information — N/A
9. Programmatic Capability/ Technical Experience/ Qualifications
The following staff will have primary roles and responsibilities in implementing this project.
Sarah Wrede, City of Fayetteville, Engineering Division — As Project Coordinator, she will
coordinate activities within City Divisions and with the WCRC, oversee the budget, assist with
13
integration of the study results into City activities, and project reporting. Chris Brown, City
Engineer for Fayetteville — will be responsible for transferring the assessment information to the
engineering, planning, and transportation departments. Sandi Formica, WCRC — As Project
Manager, she will be responsible for the implementation of tasks; overall project management
including overseeing the assessment; working with project partners to integrate results into
watershed planning. Mathew Van Eps, P.E., WCRC— As Project Engineer, he will be
responsible for overseeing the field work, data collection, and data analysis.
Applicant's Experience — The City of Fayetteville has been acknowledged for its environmental
awareness for many years. The City is currently recognized as leading the State of Arkansas in
sustainability and green infrastructure policies. The City partnered with the WCRC on four
stream and streambank restoration projects that have been successfully implemented using the
natural channel design approach. These projects included evaluating streambank erosion and
creating or enhancing wetland areas. Fact sheets describing these projects can be found in
Section F, Att. 3. The current administration has expressed interest and support in establishing
more native grasses in the City's parks to reduce maintenance and enhance the natural settings.
Additionally, the City has recently developed a city-wide phosphorus reduction plan and has
restored a section of stream at Red Oak Park with the Arkansas Game and Fish Commission.
The Watershed Conservation Resource Center (WCRC) is a 501(c) (3) non-profit organization
whose mission is to protect, conserve, and restore natural resources. The co-founders and
principals of the WCRC, Sandi J. Formica and Matthew Van Eps, have extensive backgrounds
and are leading regional experts in watershed management, watershed assessment, stream
stability analysis, natural channel restoration design and the utilization of GIS for inventory and
evaluation of natural resource condition. The WCRC provides specialized assistance concerning
watershed resource issues to a variety of organizations including; watershed groups; local, state
14
and federal governments; non-profit organizations; conservation districts; and other entities that
request assistance. The staff has a broad range of experience with the watershed approach and
has spent many years working throughout Arkansas on a variety of watershed issues. The
WCRC is housed in Fayetteville, Arkansas. They have completed five stream and streambank
restoration projects in the past five years and continue to monitor these projects. All of the
projects include riparian, streambank erosion, and sediment/nutrient loading analyses. Fact
sheets describing these projects can be found in Section F, Att. 3. A summary describing the
WCRC and brief synopsis of Sandi Formica & Matt Van Eps experience along with City staff
resumes can be found in can found in Section F, Att. 4.
10. Transfer of Results: Project results will be presented to key City staff personnel and
meetings will be held to develop strategies to incorporate the information into current
development review process and to find incentives for preservation. As part of the monitoring
and maintenance of existing restoration sites, one-on-one training will be provided to City
maintenance personnel and volunteers on healthy urban streams and wetlands and the removal of
invasive vegetation. Events will be organized for volunteers to remove invasive vegetation.
Project results will be presented to local watershed groups through local information meetings
and will be incorporated into workshops, conferences and/or courses attended by city planners,
local decision makers, and/or environmental professionals at both a local and regional scale.
Section C: Past Performance — The City in partnership with the WCRC has completed 95% of
FY09 EPA Wetlands Program Development Grant to demonstrate the implementation of an
urban stream restoration using natural channel design techniques and creating wetland areas.
The 1600 ft project has been successful in enhancing habitat, stabilizing streambanks, and
protecting City Park and private property during catastrophic flooding in 2011. The City has
executed four EPA State and Tribal Assistance Grants (XP -966737-01-0; XP -976902-01-0; XP -
15
966062-01-1 and XP -966353-01-0) used for sanitary sewer line and manhole rehabilitation projects.
Additionally, the City has executed three Outdoor Recreation Grants through the Arkansas
Department of Parks and Tourism used for park development and improvements. All projects were
successfully managed and completed within the established guidelines and timelines. All reporting
requirements were met and projects resulted in satisfactory outcomes. The STAG projects resulted in
reduced nutrients and reduced inflow/infiltration to the wastewater treatment system.
The WCRC has successfully completed the following EPA Section 319 grants administered under
ANRC: Design and implement stream restoration using a natural channel design approach— 1200 ft
Niokaska Creek at Gulley Park (2009), 1800 ft West Fork White River at Brentwood (2010), 1000 ft
White River near Fayetteville (2011), and 1200 ft Mullins Creek at University of Arkansas Campus
(2012). The WCRC successfully managed these projects and met all of the reporting requirements
including developing a final report. Environmental outputs for all of these projects were the WCRC
designed & implement a natural channel that reduced channel instability, reduced sediment and
nutrient loads, and enhanced the aquatic/terrestrial habitat. Environmental outcomes were met -
sediment, total phosphorus, and total nitrogen loadings were reduced by a minimum of 96%, 95%,
and 94%, respectively. In 2010, the WCRC completed the EPA Agreement #AW832239-03, Mid -
South Watershed Training Program in which the WCRC developed and conducted watershed -based
training. The environmental output was seventeen training courses were conducted with over 700
students attending. Based on course evaluations, an outcome of over 80% of the participants found
the course attended useful. A summary of WCRC projects can be found in Section F, Att. 4.
Section D: Quality Assurance / Quality Control -The applicant will be collecting
environmental data and will submit a QAPP plan for review and approval. The applicant has an
approved QA/QC plan.
Section E: Invasive Species Control - The applicant is not conducting activities that will result
in introducing invasive species. Invasive vegetation will be removed as part of this project.
16
Section F: Attachments
• Attachment 1 — Project Map
• Attachment 2 — Letters of Support
• Attachment 3 — Fact Sheets on Stream Restoration Projects
• Attachment 4 — Qualifications
17
RESOLUTION NO. 126-13
A RESOLUTION APPROVING APPLICATION FOR AN EVA REGION 6
WETLAND PROGRAM DEVELOPMENT GRANT IN AN AMOUNT UP TO
$132,500.00 FOR AN ASSESSMENT OF CITY STREAMS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FATl'ETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of F$yetteville, Arkansas hereby approves
applying for an EPA Region 6 Wetland Progmrn Development tyrant in an amount up to
$132,500.00 for an assessment of City screams.
PASSED and APPROVED this 0 day of June, 2013.
APPROVED:
ATTEST:
By... By:
EL AN, Mayor SANDRA E. SMITH, City Clerk/ Treasurer
���,��x�iirrr■■,�i
i��iC I Tf?�S■'��f
w ' FAYETf�VILLE; p
r � V
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:
5ectioij 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 prn Wtst7ltt}►�,�r
authorizes Mayor Jordan to sign such Memorandum. -,•`;Rx !• CgsG,r
PASSED and APPROVED this 76' day of January, 2014.
• FAYETfEVILLE
;
APPROVED: ATTEST:
w
kA[�s��'
,' 1 � ,����iNGiDNtt���`•
By: . 0�6
SO RA E. SMITH, City Clerk/Treasurer
EXHt81T�..
................
s.
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 FOJA 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 witlun the scope of the instrument shall be made by mutual
consent of dxe 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 DXfE,. 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: 470-444-1916
Cell Phone: 501-352-5252
Office Fax: 928-396-2546
E-mail: formica 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: cbrown ❑ ci.fa etteville.anus
Sarah Wrede, E.I., Staff Engineer
City of Fayetteville
Phone: 479-575-8206
E-mail: swrede a ci.fa etteville.ar.us
3
6. NONDISCRIMINATION. During the performance of this agreement, all parties will abide
by the terms of Executive Order 11246 on nondiscrimination and will not discriminate against
any person because of age, race, color, religion, sex, national origin, or disability.
F, s,F.
Sandi J. xecutive Director
Watershed Conservation Resource Center
f� 1B 13
ate
�;ioneld Jord , M or atCiof Fay ttev e
0"Zw, -4'AL4
Sondra E. Smith, City Clerk/Treasurer
City of Fayetteville
OTIS
FAYE7TE9 9LLE' =
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Date
M
City of Fayetteville Item Review Form
2013-0244
Leg istar File Number
1/7/2014
City Council Meeting Date - Agenda Item Only
NIA for Non -Agenda Item
Sarah Wrede
Submitted By
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
$0.00
Category or Project Budget
$0.00
Funds Used to Date
;. � ,
Remaining Balance
n/a
Program or Project Name
n/a
Program or Project Category
n/a
Fund Name
Budgeted Item? Budget Adjustment Attached? No
vzo1saarz
Previous Ordinance or Resolution #
1.,-!-S-13 -0 .:52 HCVD
Original Contract Number:_
Comments: rl�j4�
f /Z-ly- l3
You Athislication that is not licensed to print to novaPDF printer (hltl�:llwww.nova df.com)
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENT CORRESPONDENCE
CITY COUNCIL AGENDA MEMO Council Meeting of January 7, 2014
To: Mayor and City Council
Thru: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
Chris Brown, City Engineer
From: Sarah Wrede, Staff Engineer
Date: December 18, 2013
Subject: An ordinance to waive competitive bidding and renew a Memorandum of Understanding with the
Watershed Conservation Resource Center to continue a general framework for cooperation to seek
funding and conduct stream restoration projects and to work together on nonpoint source related
issues.
PROPOSAL
The purpose of this Memorandum of Understanding (MOU) is to establish a general framework for cooperation between
the Watershed Conservation Resource Center (WCRC) and the City of Fayetteville to 1) seek funding and conduct stream
restoration projects to achieve the common goal of restoring unstable sections of streams to a morphologically stable form
utilizing a natural channel design approach and 2) to work together on nonpoint source (NPS) related issues associated
with reducing nutrients and improving riparian and other natural areas.
The WCRC is a nonprofit organization that strives to protect, conserve, and restore natural resources by utilizing the
watershed approach, environmental outreach, and providing planning and technical assistance to landowners,
communities, and government. The WCRC principals are regional experts and local leaders in implementing natural
channel design -based stream restorations that meet multiple local and regional objectives relating to river channel
instability, water quality, and ecological services. The WCRC and the City have successfully partnered to receive over
$2,300,000 in federal grants for water quality and other environmental improvements. WCRC has been instrumental in
securing these funds due to their relationships with Federal grant agencies and their proven track record of successful
stream restoration projects. This MOU will establish a continued partnership between the City.and WCRC whereby the
WCRC will actively seek grant funding for stream restoration projects in the City of Fayetteville, and will allow the City
the opportunity to quickly take advantage of opportunities identified. The MOU is effective for a period of five years.
RECOMMENDATION
Staff recommends approval of an ordinance to waive competitive bidding and to renew a Memorandum of Understanding
with the Watershed Conservation Resource Center to continue a general framework for cooperation to seek funding and
conduct stream restoration projects and to work together on nonpoint source related issues.
BUDGET 1MPAC'I'
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 71h day of January, 2014.
APPROVED: ATTEST:
By:
Un
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer