HomeMy WebLinkAbout134-20 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 134-20
File Number: 2020-0337
WATERSHED CONSERVATION RESOURCE CENTER TASK ORDER NO. 4:
A RESOLUTION TO APPROVE TASK ORDER NO. 4 WITH THE WATERSHED
CONSERVATION RESOURCE CENTER IN THE AMOUNT OF $58,000.00 FOR
CONTINUING NATIVE VEGETATION ESTABLISHMENT EFFORTS AND MINOR
ADJUSTMENTS WITHIN THE STREAM AS NECESSARY TO ENSURE CONTINUED
SUCCESS OF RESTORATION PROJECTS
WHEREAS, on January 3, 2019, the City Council approved Ordinance No. 6141 waiving
competitive bidding and approving 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.
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 Mayor Jordan
to sign Task Order No. 4 with the Watershed Conservation Resource Center in the amount of
$58,000.00 for continuing native vegetation establishment efforts and minor adjustments within the
stream as necessary to ensure continued success of restoration projects.
PASSED and APPROVED on 5/5/2020
Page 1 Printed on 516120
File Number: 2020-0337
Attest: 1 TRe�
Y
FAYETTEVILLE
Kara Paxton. City Clerk Treasurer
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Page 2 Printed on 516120
City of Fayetteville, Arkansas 113 West Mountain Street
\t Fayetteville, AR 72701
(479) 575-8323
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Text File
�- , File Number: 2020-0337
Agenda Date: 5/5/2020 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: A. 9
WATERSHED CONSERVATION RESOURCE CENTER TASK ORDER NO. 4:
A RESOLUTION TO APPROVE TASK ORDER NO. 4 WITH THE WATERSHED CONSERVATION
RESOURCE CENTER IN THE AMOUNT OF $58,000.00 FOR CONTINUING NATIVE
VEGETATION ESTABLISHMENT EFFORTS AND MINOR ADJUSTMENTS WITHIN THE STREAM
AS NECESSARY TO ENSURE CONTINUED SUCCESS OF RESTORATION PROJECTS
WHEREAS, on January 3, 2019, the City Council approved Ordinance No. 6141 waiving competitive
bidding and approving 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.
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 Mayor Jordan to sign
Task Order No. 4 with the Watershed Conservation Resource Center in the amount of $58,000.00 for
continuing native vegetation establishment efforts and minor adjustments within the stream as necessary to
ensure continued success of restoration projects.
City of Fayetteville, Arkansas Page 1 Printed on 5/6/2020
City of Fayetteville Staff Review Form
2020-0337
Legistar File ID
5/5/2020
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Chris Brown 4/16/2020 ENGINEERING (621)
Submitted By Submitted Date Division / Department
Action Recommendation:
Approval of Task Order No. 04 in the amount of $58,000 with the Watershed Conservation Resource Center for
continuing native vegetation establishment efforts and performing minor adjustments within the stream as
necessary to ensure the continued success of completed restoration projects
4470.621.8810-5314.00
Budget Impact:
4470-Sales Tax Capital Improvements
Account Number Fund
02097.2015 Stormwater Quality Management (Stormwater
Quality Mgmt/Nutrient Reduction)
Project Number
Budgeted Item? Yes
Does item have a cost? Yes
Budget Adjustment Attached? No
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$ 273,027.00
$ 70,098.72
$� 202,928.28
$ 58,000.00
$ 144,928.28
V20180321
Purchase Order Number: Previous Ordinance or Resolution # 6141
Change Order Number:
Original Contract Number:
Comments:
Approval Date:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF MAY 5, 2020
TO: Mayor and City Council
THRU: Susan Norton, Chief of Staff
Garner Stoll, Development Services Director
Chris Brown, City Engineer
FROM: Alan Pugh
DATE: April 15, 2020
CITY COUNCIL MEMO
SUBJECT: Approval of Task Order No. 04 in the amount of $58,000 with the Watershed
Conservation Resource Center for continuing native vegetation establishment efforts
and performing minor adjustments within the stream as necessary to ensure the
continued success of completed restoration projects.
RECOMMENDATION:
Staff recommends approval of Task Order No. 04 in the amount of $58,000 with the Watershed
Conservation Resource Center for continuing native vegetation establishment efforts and
performing minor adjustments within the stream as necessary to ensure the continued success
of completed restoration projects.
BACKGROUND:
On January 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 though this partnership. These projects include but are not limited to: the
White River Riverbank Stabilization Project, Niokaska Creek within Sweetbriar Park, Niokaska
Creek within Gulley Park and the West Fork of White River Airport Site. This task order deals
specifically with the West Fork White River Airport project.
DISCUSSION:
The MOU outlines a process by which task orders can be developed for various activities that
are in line with the goal of reducing NPS pollution and restoring the City's streams. This Task
Order is presented pursuant to the MOU and consists of continuing efforts to establish and
maintain dense native vegetation as well as make minor modifications as necessary to the
stream to ensure the continued success of the completed restoration projects.
Establishment of a high -density riparian zone consisting of native vegetation is critical in
creating stream and river restoration project that will, upon maturity of the vegetation, be able to
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
withstand the power of future flood events. This can take several growing seasons to achieve
and ensure the native species are not overrun with invasive species. Also, minor adjustments
occasionally need to be conducted within the stream or river channel restoration area to prevent
cumulative degradation of the restoration project. This task order will provide funding to the
WCRC to conduct activities that help to ensure establishment of healthy, native vegetation and
the channel stability of the restoration projects. This in turn will help to project the investments
made by the City of Fayetteville to improve water quality, habitat and recreational values of our
local streams and water bodies.
BUDGET/STAFF IMPACT:
The Stormwater Quality Management/Nutrient Reduction project has been designated in part to
fund projects that improve stormwater quality in the City of Fayetteville and would be proposed
as the source for the funds.
Attachments:
Task Order No. 04
Ordinance 6141
Memorandum of Understanding
THE CITY OF FAYETTEVILLE, ARKANSAS
TASK ORDER NO. 4
VEGETATION AND CHANNEL STABILITY ESTABLISHMENT
WEST FORK WHITE RIVER RESTORATION AT FAYETTVILLE
EXECUTIVE AIRPORT
STATE OF ARKANSAS
COUNTY OF WASHINGTON
This Task Order is written pursuant to the Memorandum of Understanding (MOU) as
described in Ordinance No. 6141 executed on January 3, 2019. The referenced MOU
pertains to potential stream restoration projects and associated services with the Watershed
Conservation Resource Center (WCRC). This Task Order entered into and executed on the
date indicated below the signature block by and between the City of Fayetteville and WCRC
sets forth the project description, schedule and associated fees for services related to
maintaining and tending to the West Fork White River (WFWR) restoration project located
at the Fayetteville Executive Airport that was implemented using a combination of
Engineering Division and grant -based funds.
Section I - Project Description
This project consists of ongoing maintenance of a river restoration project whose original
implementation was funded, in -part, with City funds that came from the Engineering
Division's budget. This Task Order will establish a framework to provide continued project
establishment funds to support the WFWR Restoration work that was implemented at the
Fayetteville Executive Airport. To date, the project has prevented 11,000 lb of Total
Phosphorus loading to the WFWR. Establishment of a high -density riparian zone consisting
of native vegetation is critical in creating stream and river restoration projects that will, upon
maturity of the vegetation, be able to withstand the power of future flood events. Also,
minor repairs need to be occasionally conducted within the stream or river channel
restoration area to prevent cumulative degradation of the restoration project. To insure the
long-term success of this project, the WCRC maintained and cared for the project, at their
own expense after the expiration of the original grant. In 2015, the City has been providing
financial support for ongoing maintenance activities in order to foster long-term success of
this project that has helped to reduce sediment and nutrient loading to Beaver Lake, our
regions water supply source. This agreement will provide continued funding to the WCRC
to conduct activities that help to continue to establish healthy, native vegetation and channel
stability in order to protect the investment that the City has made to improve water quality,
habitat, and recreational value of the WFWR.
Section II - Project Timeframe
The WCRC will conduct the work from March 1, 2020 to February 28, 2021.
THE CITY OF FAYETTEVILLE, ARKANSAS
Section III - Scope of Services
The WCRC will perform services that are targeted to maintain and improve the long-term
functionality of the WFWR restoration project that was implemented utilizing Engineering
Division Funding. These services include two major components: 1) Stream restoration
maintenance activities that help to create long-term stability and 2) Vegetation
Management. Stream restoration maintenance activities include but will not be limited to a)
minor hand repairs of structural components of the restoration b) removal of unintended
gravel deposition within the project site c) repair of soil mattresses and d) re -setting of
boulders that may become displaced. Vegetation maintenance and management activities
include but are not limited to a) irrigation of vegetation during summer months b) removal of
invasive vegetation and c) planting additional native plants to enhance vegetation density.
These funds are intended to cover costs associated with minor and routine maintenance of
the site. Repair of damage to the project resulting from large infrequent flood events are
generally not covered under this agreement and will be addressed under supplemental
agreements. But, if necessary, these funds can be used towards major repairs.
Section IV - Fees and Payments
WCRC will perform the above -referenced Scope of Services amounts not to exceed
$58,000 for this agreement.
Section V - Memorandum of Understanding in Effect
Except as amended specifically herein, the Memorandum of Understanding Fayetteville
shall remain in full force as originally approved.
IN WITNESS WHEREOF, the parties hereto have caused this TASK ORDER to be duly
executed as of the date and year first herein written.
TR
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OR TY AYETTEVILLE `\IY'F�sG%�
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Attest: E : FAYETTEVILLE r Lio d Jordan Kara Paxton, Ci y Clerkyx
•••
Date: Z0� ,>OtA
FOR WATERSHED CONSERVATION RESOUCE CENTER
Digitally signed by Matthew A Van E W. P E
Matthew A. Van Epse DN:m MatehewA Van Eps,PE. Wat.shed
Cons.wpon Resource Cent., —
BSandi J Formica �= -- Attest: P.E. Datrl ]:] WWi 11"; ]6 oSaPrrxion org. c-Us
Y
Sandi Formica
Date: April 15, 2020
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 ?Vumber: 2018-0723
Ordinance: 6141
FAYETTEVILLE, ARKANSAS:
Section l: That the City Council of the City of Fayetteville, Arkansas hereby determines an
exceptional situation exists in which competitive bidding is deemed not feasible or practical and
therefore waives the requirements of formal competitive bidding and approves a Memorandum of
Understanding between the City of Fayetteville, Arkansas and Watershed Conservation Resource
Center to establish a general framework for cooperation to seek funding and conduct stream restoration
projects and to work together on nonpoint source related issues for the next five years.
PASSED and APPROVED on 1/3/2019
Attest:
Sondra E. Smith, City Clerk Treasurer
Page 2 Printed on 114119
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 Or 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. STATEM1 Nf OF MUTUAL, 1N1'ERF,STS AND BENEFITS
The WCRC is a nonprofit organization that strives to protect, conserve, and restore natural
resources by utilizing the watershed approach, conducting environmental outreach, and
providing planning and technical assistance to landowners, communities, and government. The
WCRC principals are regional experts and local leaders in implementing natural channel design -
based stream restorations that meet multiple local and regional objectives relating to river
channel instability, water quality, ecological services, and green infiastrueture. This MOU is of
benefit to the CITY OF FAYIE'I"TEVILLE because these activities will help to meet the
objectives of the City's Nutrient Reduction flan 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. `Phis
effort will also help to promote the use of alternatives to traditional channel modifications in
both urbanizing and rural areas.
The WCRC and the CITY OF FAYETTEVILLE partnered and have obtained several grants for
restoring streams within the City and surrounding areas and for assessing streams for stability
and contaminant reduction. These projects have brought over $3,100,000 to the City for water
quality and other environmental improvements and have helped to create local partnerships and
outreach opportunities in the areas of river restoration, riparian enhancement, and watershed
planning. Seven stream and 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
1'rom 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 lit -nits.
b. Estimation of phosphorous reduction that, would be realized for each priority
stream restoration project.
c. Assistance in developing grant applications for identified stream restorations
and other non -point source pollution assessment projects.
d. Vegetation establishment and management at City sponsored stream
restoration projects.
e. Assistance to the CITY OF FAYF;17EVILLE 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 Alin.
17-25-101, et seq. A copy of the license shall be provided to the City at the time WCRC
submits its proposal for such a qualifying project.
E. THE CITY OF FAYETTEVILLE3:
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 (FOIAI. CITY OF FAYETTEVILLE contract and
docuements 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 Infonnation Act (5 U.S.C. 552).
2. MODIFICATION. Modifications within the scope of the instrument shall be made by mutual
consent of the parties. Changes, modifications, or amendments in scope (other than as
specifically established in this MOU), price or fees to this agreement shall not be allowed
without a prior formal contract amendment approved by the Mayor and/or the City Council in
advance of the change in scope, cost or fees.
3. PARTICIPATION IN SIMILAR _ACTCVITIES. 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. COM11r1I NCEML;N'IYEXPIRA'I'ION DATE. 'Me instrument is executed as of the date of' the
last signature and is effective for live 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: Foruica{ waterst�edqomservn_tior__t_o
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: cbrokvii(uP�liycttc,%�illr-iu.1r-v
Alan Pugh, Staff Engineer
City of Fayetteville
Phone: 479-575-8206
E-mail: ar.Roy
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. Formic% Executive Director
Watershed Conservation Resource Center
Sondra E. Smith, City Clerk/Treasurer
City of Fayetteville
-DeG_aI� ZofB'
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