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HomeMy WebLinkAbout309-20 RESOLUTION �100 OF FPYE�� 113 West Mountain Street Fayetteville,AR 72701 (479)575-8323 Resolution: 309-20 File Number: 2020-1031 WATERSHED CONSERVATION RESOURCE CENTER TASK ORDER NO.7: A RESOLUTION TO APPROVE TASK ORDER NO. 7 WITH THE WATERSHED CONSERVATION RESOURCE CENTER IN THE AMOUNT OF$205,000.00 FOR STREAMBANK EROSION ASSESSMENT AND STREAM RESTORATION ACTIVITIES ALONG PORTIONS OF THE UPPER CLEAR CREEK BASIN WITHIN THE ILLINOIS RIVER WATERSHED 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. 7 with the Watershed Conservation Resource Center in the amount of $205,000.00 for streambank erosion assessment and stream restoration activities along portions of the upper Clear Creek Basin within the Illinois River Watershed. PASSED and APPROVED on 12/15/2020 Page 1 Printed on 12/17/20 11 III 0 Resolution: 309-20 File Number: 2020-1031 Approve . Attest: 2 .• CITy ••< ' ‘—...--s—_____ 1 .. .-e:t `-/a,%---vi ...= --• / '� L oneld Jorda . or Kara Paxton, City Clerk Treasured�; Fgy��6V<< . �= . . .- , • F. Page 2 Printed on 12/17/20 °rE'TF City of Fayetteville, Arkansas - 113West Mountain Street i t- _ Fayetteville,AR 72701 m (479)575-8323 Text File 'RK "SPS, File Number: 2020-1031 Agenda Date: 12/15/2020 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number:A.6 WATERSHED CONSERVATION RESOURCE CENTER TASK ORDER NO. 7: A RESOLUTION TO APPROVE TASK ORDER NO. 7 WITH THE WATERSHED CONSERVATION RESOURCE CENTER IN THE AMOUNT OF $205,000.00 FOR STREAMBANK EROSION ASSESSMENT AND STREAM RESTORATION ACTIVITIES ALONG PORTIONS OF THE UPPER CLEAR CREEK BASIN WITHIN THE ILLINOIS RIVER WATERSHED 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. 7 with the Watershed Conservation Resource Center in the amount of$205,000.00 for streambank erosion assessment and stream restoration activities along portions of the upper Clear Creek Basin within the Illinois River Watershed. • City of Fayetteville,Arkansas Page 1 Printed on 12/16/2020 City of Fayetteville Staff Review Form 2020-1031 Legistar File ID 12/15/2020 City Council Meeting Date-Agenda Item Only N/A for Non-Agenda Item Chris Brown 11/18/2020 ENGINEERING (621) Submitted By Submitted Date Division/ Department Action Recommendation: Approval of Task Order#7 with the Watershed Conservation Resource Center for streambank erosion assessment and stream and riparian restoration activities along portions of upper Clear Creek Basin within the Illinois River Watershed for a not to exceed fee of$205,000. Budget Impact: 4601.860.7426-5860.02 4601 - Bond Program Grant Matching 4604.860.7426-5860.02 4604- Drainage Projects 2019 Bonds Account Number Fund 46040.7426 Drainage Projects 2019 Bonds, Bond Projects, Stream Restoration - EPA Grant Project Number Project Title Budgeted Item? Yes Current Budget $ 400,000.00 Funds Obligated $ - Current Balance $ 400,000.00 Does item have a cost? Yes Item Cost $ 205,000.00 Budget Adjustment Attached? No Budget Adjustment $ - Remaining Budget S 195,000.00 V20180321 Purchase Order Number: Previous Ordinance or Resolution# 28-19 and 6141 Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE CITY COUNCIL MEMO ARKANSAS MEETING OF DECEMBER 15, 2020 TO: Mayor Lioneld Jordan THRU: Susan Norton, Chief of Staff Garner Stoll, Development Services Director Chris Brown, City Engineer FROM: Alan Pugh, Staff Engineer DATE: November 18, 2020 SUBJECT: Approval of Task Order#7 with the Watershed Conservation Resource Center for streambank erosion assessment and stream and riparian restoration activities along portions of upper Clear Creek Basin within the Illinois River Watershed for a not to exceed fee of$205,000. RECOMMENDATION: Staff recommends approval of Task Order#7 with the Watershed Conservation Resource Center for streambank erosion assessment and stream and riparian restoration activities along portions of upper Clear Creek Basin within the Illinois River Watershed for a not to exceed fee of $205,000. BACKGROUND: On February 5, 2019 the City council approved resolution number 28-19 allowing staff to apply for an EPA Wetland Program Development Grant (WPDG) provided the overall project did not exceed $400,000 with the City's portion not exceeding $100,000. The projects identified at that time as a potential for grant funds were as follows: • Scull Creek just north of Van Asche Drive: includes damage to private property from large cut banks. • Niokaska Creek downstream of Azalea Terrace: Includes an "s" turn in which a large amount of erosion is taking place and beginning to threaten private structures • Within existing park land on a tributary to Flynn Creek near N Brookbury Crossing which also includes damage to private property • Clear Creek directly downstream of Lake Fayetteville: includes damage to both public and private property This grant was obtained with the assistance of the Watershed Conservation Resource Center (WCRC) under the January 3, 2019 Memorandum of Understanding (MOU). This MOU was approved for a term of 5 years and establishes a general framework of cooperation to seek funding, conduct stream restoration projects and to work together on nonpoint source related pollution issues. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 As per the previous resolution, the City requested funding to aid in stream restoration projects within the Clear Creek/Mud Creek drainage basins. These projects will be completed to the extent funding allows. DISCUSSION: On August 25, 2020 the EPA announced that it had approved our application and awarded the City of Fayetteville $300,000 in WPDG funds in order to move forward the projects as outlined. As approved previously, the City will be responsible for $100,000 in matching funds which were included in the 2019 bond drainage improvement program. Pursuant to the EPA award, the Watershed Conservation Resource Center (WCRC) has submitted task order 7 in the amount of$205,000 for the inventory, testing, design, permitting and construction management of the projects outlined. BUDGET/STAFF IMPACT: Funding was included in the 2019 Drainage Bond Program for the stream restoration projects outlined and would be the source for the matching funds ($100,000). It should be noted that while the application calls for $130,000 in matching funds, the IRWP is partnering on this project and has pledged $30,000 in match. This will keep the City at our maximum authorized $100,000 in matching funds. Attachments: WCRC Task Order 7 EPA Notice of Award Project Narrative Ordinance 6141 2 THE CITY OF FAYETTEVILLE,ARKANSAS TASK ORDER NO. 7 EROSION ASSESSMENT AND STREAM RESTORATIN IN UPPER CLEAR CREEK AND ILLINOIS RIVER WATERSHEDS STATE OF ARKANSAS COUNTY OF WASHINGTON This Task Order is written pursuant to the Memorandum of Understanding (MOU) as described in Ordinance No. 6141 executed on January 3, 2019. The referenced MOU pertains to potential stream restoration projects and associated services with the Watershed Conservation Resource Center (WCRC). This Task Order entered into and executed on the date indicated below the signature block by and between the City of Fayetteville (CITY) and WCRC Center sets forth the project description, project schedule and associated fees for professional services related to performance of project tasks associated with a grant developed by the WCRC and submitted by the CITY that provides funding for proposed streambank erosion assessment and stream and riparian restoration activities along portions of upper Clear Creek Basin within the Illinois River Watershed. The services provided by the WCRC to the City are associated to Federal Assistance Agreement (CD - 01 F81601 - 0) "Erosion Assessment and Stream Restoration in the upper Clear Creek and Illinois River Watersheds" awarded to the City by the U.S. Environmental Protection Agency (EPA) on August 25, 2020. Section I - Project Description The CITY in partnership with the WCRC developed an EPA Region 6 Wetlands Development Program grant proposal to perform stream assessment work that will evaluate streambank erosion and prioritize potential stream restoration sites along 6 miles of stream corridor in the Clear Creek watershed. Portions of Mud Creek, Scull Creek, and Niokaska Creek will be included in the assessment. The WCRC will prioritize sites for restoration and through this project no less than 650 feet of eroding streambanks and 1,300 linear feet of riparian areas will be restored. The project will demonstrate restoration methods on at-risk areas along upper Clear Creek tributaries by utilizing innovative ecoregion-based vegetation establishment and natural channel design principles. The EPA awarded the grant to the City with a start date of October 1, 2020. The project will emphasize the importance of restoring riparian and wetland areas with native plants and follow-up maintenance and monitoring as a critical component of successful stream restoration projects. Section II - Project Timeframe The WCRC will conduct the work over the period of the grant award which is October 1, 2020 to December 31, 2023. 1..__.TY OF FAYETTEVILLE,ARKANSAS Section III - Scope of Services The WCRC will conduct activities in coordination with the City as outlined in the attached scope of work which is based on the EPA approved workplan (Attachment 1). Activities performed by the WCRC will include, but are not limited to,: 1) Development of a Quality Assurance Project Plan; 2) Conduct an Inventory of Riparian, Streambank, Wetland, and other Natural Features; 3) Prioritize sites for restoration and select sites to be restored using grant funds; 4) Collecting pre-restoration data from the sites identified and selected for restoration; 5) Restore 1,300 feet of riparian areas by removing invasive plant species and then selecting and planting appropriate native plants, 6) Develop stream restoration designs and construction plans; 7) Provide construction oversight and construction materials procurement assistance for stream restoration work; and 8) Provide hands-on training workshops will be conducted that train residents, environmental professionals, and surrounding state/tribal/local government in invasive species removal techniques along streams as well as the identification, selection, and establishment of native plant species in riparian and wet areas to protect water quality and create wildlife habitat. A detailed project workplan submitted to and approved by the EPA is attached (Attachment 1). Section IV - Fees and Payments WCRC will perform the above-referenced Scope of Services for$205,000 as detailed in the attached project scope of work (Attachment 2). Section V - Memorandum of Understanding in Effect Except as amended specifically herein, the Memorandum of UnderstandingFayetteville P P Y Y 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 T E ITY F FA ETT ILLE By: ---_-. Attest: . c, C•Rk ayor Grd an Kara Paxton, Cit Clerk = Date: /Z"/5-ZO FOR WATERSHED CONSERVATION RESOUCE CENTER By: 014.i c cc. Attest:'`% Sandi Formica Date: N O u 11, Z O Z(.) Attachment 2 Scope of Work Stream and Natural Areas Assessment, Stream Restoration Survey and Design, Invasive Species Removal Planning, Construction Procurement Assistance, Construction Oversight, and Project Management: Performed in association with: EPA Grant "Erosion Assessment and Stream Restoration in the upper Clear Creek and Illinois River Watersheds" Submitted By Watershed Conservation Resource Center October 28, 2020 The tasks outlined in this scope of work are based on and reflect the tasks that were developed in the approved EPA workplan which supports the work outlined in this scope, in-part. A budget for the work to be performed by the Watershed Conservation Resource Center(WCRC)presented by task and to be billed based on task completion percentage can be found on the final page of this scope. Task 1:Development of Quality Assurance Project Plan (QAPP). The WCRC will develop a draft QAPP. The QAPP will be submitted to the EPA for review, and final edits will be made. The purpose of the QAPP is to assure quality data collection. The deliverable for successful completion of this task is an EPA approved QAPP. Task 2: Conduct Inventory of Riparian,Streambank, Wetland, and other Natural Features and prioritize streambank sites. The WCRC will assess portions of upper Clear Creek tributaries within the city limits including Mud Creek and Niokaska Creek. A minimum of 6 miles of stream will be inventoried to evaluate riparian and streambank conditions. Data to be collected by the WCRC will include, at a minimum: 1)riparian zone natural features information, such as, the presence of wetland features, springs,prairie, forest coverage, and vegetation composition; and 2) streambanks erosion data using Bank Erosion Hazard Index(BEHI)method,Near-Bank Shear Stress (NBSS)and streambank heights and lengths. The WCRC will evaluate forested riparian area width using GIS. Existing erosion prediction curves will be enhanced by collection of additional data derived from toe pin installation and streambank erosion measurement. The WCRC will utilize the data that is collected as part of this task to create GIS data layers of Attachment 2—Erosion Assessment and Stream Restoration Upper Clear Creek stream,riparian, and natural features data that will be used by the City in green infrastructure and stormwater management decision making processes. The WCRC will deliver to the City: A summary of the inventory results with maps,updated erosion prediction curves, and prioritization results in the form of GIS data layers integrated into the City's internally used system. Task 3:Select Sites to be Restored in Upper Clear Creek watershed. The WCRC in coordination with the City will identify and select two to four sites for streambank and riparian restoration. The WCRC will seek landowner agreements to access the land needed to allow construction activity and project maintenance to take place. A map of the selected sites and landowner access agreements will be considered the deliverable for completion of this work. Task 4:Site Monitoring and Collection of Pre and Post Restoration Data. The WCRC will establish plant monitoring sites along the riparian and natural features areas that are selected for restoration and collect data during two seasons(late spring and late summer)at the following times: a)before restoration; b) following the removal of invasive plants; and c) following channel restoration activities. The WCRC will establish sites for measuring bank profiles and collect data before and after restoration at the selected stream/streambank restoration sites. Deliverables for this task are plant monitoring data summary, streambank monitoring locations, sediment& nutrient load estimates based on streambank erosion measurements. Task 5:Native Plant Selection and Establishment The WCRC will develop a site re-vegetation plan for the selected restoration sites. To establish a more diverse and native plant community, the WCRC will identify and hire vendors who will remove invasive vegetation using mechanical and chemical methods with the WCRC providing direct oversight of the vegetation removal. Funding for compensating the 3rd party vendors is not included in this scope of work. The WCRC will select native species based on local ecoregion compatibility and identify sources to procure native plants. Using a combination of volunteers and hired service vendors(funded outside of this scope)the WCRC will provide oversight to incorporate native plants into the riparian,natural features, and during the implementation of stream restoration work. The WCRC will deliver to the City a summary of invasive vegetation removal activity, a list of native species of plants used in the restoration work, and a summary of native vegetation establishment activities in the form of a work summary report. Attachment 2—Erosion Assessment and Stream Restoration Upper Clear Creek Task 6:Develop Restoration Design. The WCRC will survey stream morphology and collect needed topographic data at the sites that are selected for restoration. From this data, reference data, and previous experience, the WCRC will develop restoration plans which will include construction level drawings to be used for the solicitation of bids to construct the proposed designs. Contractors that are hired to perform the work will be compensated with funding from outside of this agreement. The WCRC will develop the paperwork for and obtain necessary permissions for construction including Corps of Engineers 404 permit,ADEQ authorization, and City floodplain development approval. Deliverables for this work include a restoration plan, construction drawings, and 404 permit application approval. Task 7: Construction of Restoration Design. The WCRC will provide services to the City to expedite and efficiently procure the construction materials and construction contractor services needed to implement the restoration plans developed through this project. Funding for the contractor and materials will come from the City's project budget. The WCRC will prepare the restoration sites for construction, including installation of safety fence, delivery of materials and equipment, and stake site plan elevations. The WCRC will provide continuous construction oversight during restoration of stream channel, floodplains, and natural features. The WCRC will provide a construction summary report to demonstrate successful completion of this work. Task 8: Technology Transfer- Training Workshops and Outreach. The WCRC will provide two training sessions on use of GIS data collected and developed as part of the assessment work to City staff, local decision makers,watershed groups, and state/tribe/local government. The WCRC will facilitate the development and conduct a total of four hands-on training workshops on invasive vegetation removal along streams and native plant selection and establishment. A summary of training and outreach activities incorporated into the EPA quarterly reporting will serve as the deliverable for this work. Task 9:Administrative and Reporting. The WCRC will provide general project oversight and assist the City in developing quarterly reports and a final report that summarizes all of the projects accomplishments and results. Attachment 2 —Erosion Assessment and Stream Restoration Upper Clear Creek Payment Cumulative %Task Contract Compltd Curr Cumulative Amount Payments Task Start Task End Deliverable/Product Amount Requested Requested to Quarter Complete This Quarter Date $3,500 10/1/2020 11/30/2020 Draft QAPP $1,500 12/1/2020 1/31/2021 Approved QAPP Mons $5,000 2/1/2021 4/30/2021 Summary of Erosion Inventory with pictures $3,000 5/1/2021 7/31/2021 Graphs illustrating initial profile measurement 51,500 5/1/2021 7/31/2021 Graphs illustrating comparison of profile measurements $2,500 8/1/2022 9/30/2022 Update erosion rate prediction model for use in upper Clear Creek watershed $3,000 10/1/2022 12/31/2022 Integrated GIS data with City GIS systems $3,000 2/1/2021 3/31/2021 Map of selected restoration sites $2,000 4/1/2021 5/31/2021 Signed agreement with landowner 4/1/2021 4/30/2021 Map showing the location of monitoring sites $2,000 5/1/2021 6/30/2021 List of observed plant species $1,000 9/1/2021 10/31/2021 List of observed plant species restoration $1,000 5/1/2021 6/30/2021 List of observed plant species toration $1,000 9/1/2021 10/31/2021 List of observed plant species $1500 4/1/2023 6/30/2023 List of observed plant species $1,000 9/1/2023 10/31/2023 List of observed plant species nrform erosion potential analysis $1,500 4/1/2021 6/30/2022 Summary of erosion potential and site map $3,500 5/1/2021 7/31/2021 Graphs illustrating initial profile measurement $2,000 5/1/2021 7/31/2022 Graphs illustrating comparison of profile measurements $3,500 3/1/2023 4/30/2023 Graphs illustrating initial profile measurement $2,090 8/1/2023 9/30/2023 Graphs illustrating comparison of profile measurements $6,000 4/1/2022 8/31/2022 Site vegetation management plan $8,000 4/1/2021 10/31/2023 Summary of Invasive plant removal activity $10,000 6/1/2021 10/31/2023 List of native plants $10,000 1/1/2022 10/31/2023 Summary of native plant establishment $17,500, 11/1/2021 3/31/2022 Stream morphology summary report $12,000 1/1/2022 3/31/2022 Restoration plan summary $28,000 3/1/2022 5/31/2022 Construction Drawing set(s)sealed by licensed PE $10,000 5/1/2022 7/31/2022 Approved Permit from DEQ and USACE materials procurement $6,500 1/1/2022 8/31/2022 ement $7,000 6/1/2022 7/31/2022 $15,000 8/1/2022 3/31/2023 Bi-weekly summary reports for construction completed !a use 2,000 1/1/2022 8/31/2022 Training session agenda in removal and native riparian plant $10,000 4/1/2022 11/30/2023 Workshop Summary 512,000 1/30/2021 10/31/2023 Quarterly Progress Report $6,000 10/1/2023 12/31/2023 Final report Total $205,000 Attachment 2 - Erosion Assessment and Stream Restoration Upper Clear Creek CD-01 F81601 -0 Page 1 GRANT NUMBER(FAIN): 01F81601 0EA' U.S. ENVIRONMENTAL MODIFICATION NUMBER: 0 DATE OF AWARD PROGRAM CODE: CD 08/25/2020 PROTECTION AGENCY TYPE OF ACTION MAILING DATE 211ra, a New 09/01/2020 Cooperative Agreement PAYMENT METHOD: ACH# pRo,4L ASAP 66890 RECIPIENT TYPE: Send Payment Request to: Township RTP Finance Center RECIPIENT: PAYEE: City of Fayetteville City of Fayetteville 113 West Mountain Street 113 West Mountain Street Fayetteville,AR 72701 Fayetteville,AR 72701 EIN: 71-6018462 PROJECT MANAGER EPA PROJECT OFFICER EPA GRANT SPECIALIST Alan Pugh Sondra McDonald Lakeia Robinson 113 West Mountain Street 1201 Elm Street, Suite 500.WDAS Mission Support Division,MSDCA Fayetteville,AR 72701 Dallas,TX 75270-2102 E-Mail: robinson.lakeia@epa.gov E-Mail: apugh@fayetteville-ar.gov E-Mail: mcdonald.sondra@epa.gov Phone:214-665-2765 Phone:479-575-8208 Phone:214-665-7187 PROJECT TITLE AND DESCRIPTION Erosion Assessment and Stream Restoration in the upper Clear Creek and Illinois River Watersheds The City of Fayetteville,AR in partnership with the Watershed Conservation Resource Center proposes to complete the inventory of the riparian and stream bank conditions of urban streams in the upper Clear Creek Watershed &demonstrate innovated techniques to restore stream channels riparian &natural features including wetlands. BUDGET PERIOD PROJECT PERIOD TOTAL BUDGET PERIOD COST TOTAL PROJECT PERIOD COST 10/01/2020 - 12/31/2023 10/01/2020 - 12/31/2023 $430,000.00 $430,000.00 NOTICE OF AWARD Based on your Application dated 05/24/2019 including all modifications and amendments,the United States acting by and through the US Environmental Protection Agency(EPA)hereby awards$300,000.EPA agrees to cost-share 69.76%of all approved budget period costs incurred, up to and not exceeding total federal funding of$300,000. Recipient's signature is not required on this agreement. The recipient demonstrates its commitment to carry out this award by either: 1)drawing down funds within 21 days after the EPA award or amendment mailing date;or 2)not filing a notice of disagreement with the award terms and conditions within 21 days after the EPA award or amendment mailing date. If the recipient disagrees with the terms and conditions specified in this award,the authorized representative of the recipient must furnish a notice of disagreement to the EPA Award Official within 21 days after the EPA award or amendment mailing date. In case of disagreement,and until the disagreement is resolved,the recipient should not draw down on the funds provided by this award/amendment,and any costs incurred by the recipient are at its own risk.This agreement is subject to applicable EPA regulatory and statutory provisions, all terms and conditions of this agreement and any attachments. ISSUING OFFICE(GRANTS MANAGEMENT OFFICE) AWARD APPROVAL OFFICE ORGANIZATION/ADDRESS ORGANIZATION/ADDRESS Acquisition and Assistance Section U.S.EPA,Region 6 1201 Elm Street,Suite 500 Water Division Dallas,TX 75270-2102 1201 Elm Street Dallas.TX 75202 THE UNITED STATES OF AMERICA BY THE U.S.ENVIRONMENTAL PROTECTION AGENCY Digital signature applied by EPA Award Official James McDonald - Director, Mission Support Division DATE 08/25/2020 EPA Funding Information CD-01F81601 -o Page 2 FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL EPA Amount This Action $ $300,000 $300,000 EPA In-Kind Amount $ $ $ 0 Unexpended Prior Year Balance $ $ $0 Other Federal Funds $ $30,000 $30,000 Recipient Contribution $ $ 100,000 $ 100,000 State Contribution $ $ $0 Local Contribution $ $ $0 Other Contribution $ $ $0 Allowable Project Cost $0 $430,000 $430.000 Assistance Program(CFDA) Statutory Authority Regulatory Authority 66.461 -Regional Wetlands Program Development Clean Water Act:Sec. 104(b)(3) 2 CFR 200 —Grants 2 CFR 1500 40 CFR 33 and 40 CFR 35 Subpart A Fiscal Site Name Req No FY Approp. Budget PRC Object Site/Project Cost Obligation/ Code Organization Class Organization Deobligation - 2006WA0007 20 El 061K 000B07 4153 - - 300,000 300,000 CD-01 F81601 -0 Page 3 Budget Summary Page Table A-Object Class Category Total Approved Allowable (Non-construction) Budget Period Cost 1.Personnel $0 2.Fringe Benefits $0 3.Travel $0 4.Equipment $0 5.Supplies $0 6.Contractual $0 7.Construction $130.000 8.Other $300.000 9.Total Direct Charges $430,000 10.Indirect Costs: % Base $0 11.Total(Share: Recipient 30.24% Federal 69.76%.) $430.000 12.Total Approved Assistance Amount $300.000 13.Program Income $0 14.Total EPA Amount Awarded This Action $300,000 15.Total EPA Amount Awarded To Date $300,000 CD-01 F81601 -0 Page 4 Administrative Conditions General Terms and Conditions The recipient agrees to comply with the current EPA general terms and conditions available at: https://www.epa.gov/grants/epa-general-terms-and-conditions-effective-october-1-2019-or-later These terms and conditions are in addition to the assurances and certifications made as a part of the award and the terms, conditions, or restrictions cited throughout the award. The EPA repository for the general terms and conditions by year can be found at: https://www.epa.gov/grants/qrant-terms-and-conditions. A. Correspondence Condition The terms and conditions of this agreement require the submittal of reports, specific requests for approval, or notifications to EPA. Unless otherwise noted, all such correspondence should be sent to the following email addresses: • Federal Financial Reports (SF-425): RTPFC-Grants(a.epa.gov and R6 EPA Grants Programs(a,epa.gov • MBE/WBE reports (EPA Form 5700-52A): R6 EPA Grants Programs(c�epa.gov • All other forms/certifications/assurances, Indirect Cost Rate Agreements, Requests for Extensions of the Budget and Project Period, Amendment Requests, Requests for other Prior Approvals, updates to recipient information (including email addresses, changes in contact information or changes in authorized representatives) and other notifications: R6 EPA Grants Programs(c�epa.gov • Payment requests (if applicable): RTPFC-Grants@epa.gov and R6 EPA Grants Programs(cr�epa.gov Quality Assurance documents. workplan revisions, equipment lists, programmatic reports and deliverables: Sondra McDonald, Project Officer(mcdonald.sondra a(..epa.gov) B. Extension of Project/Budget Period Expiration Date EPA has not exercised the waiver option to allow automatic one-time extensions for non-research grants under 2 CFR 200.308 (d)(2). Therefore, if a no-cost time extension is necessary to extend the period of availability of funds the recipient must submit a written request to the EPA prior to the budget/project period expiration dates. The written request must include: a justification describing the need for additional time, an estimated date of completion, and a revised schedule for project completion including updated milestone target dates for the approved workplan activities. In addition, if there are overdue reports required by the general, administrative, and/or programmatic terms and conditions of this assistance agreement, the recipient must ensure that they are submitted along with or prior to submitting the no-cost time extension request. C. Disadvantaged Business Enterprise (DBEs) UTILIZATION OF SMALL, MINORITY AND WOMEN'S BUSINESS ENTERPRISES GENERAL COMPLIANCE,40 CFR, Part 33 The recipient agrees to comply with the requirements of EPA's Disadvantaged Business Enterprise (DBE) Program for procurement activities under assistance agreements, contained in 40 CFR, Part 33 except as described below based upon the associated class deviation. EPA MBE/WBE CERTIFICATION,40 CFR, Part 33, Subpart B A class exception to the following provisions of Subpart B of 40 CFR Part 33 has been issued suspending the EPA MBE/WBE certification program: §33.204(a)(3) providing that an entity may apply to EPA MBE or WBE certification after unsuccessfully attempting to obtain certification as otherwise described in §33.204; and §33.205 through and including §33.211. The class exception was authorized pursuant to the authority in 2 CFR 1500.3(b). SIX GOOD FAITH EFFORTS,40 CFR, Part 33, Subpart C Pursuant to 40 CFR, Section 33.301, the recipient agrees to make the following good faith efforts whenever procuring construction, equipment, services and supplies under an EPA financial assistance agreement, and to require that sub-recipients, loan recipients, and prime contractors also comply. Records documenting compliance with the six good faith efforts shall be retained: (a) Ensure DBEs are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State and Local and Government recipients, this will include placing DBEs on solicitation lists and soliciting them whenever they are potential sources. (b) Make information on forthcoming opportunities available to DBEs and arrange time frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by DBEs in the competitive process. This includes, whenever possible, posting solicitations for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date. (c) Consider in the contracting process whether firms competing for large contracts could subcontract with DBEs. For Indian Tribal, State and local Government recipients, this will include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by DBEs in the competitive process. (d) Encourage contracting with a consortium of DBEs when a contract is too large for one of these firms to handle individually. (e) Use the services and assistance of the SBA and the Minority Business Development Agency of the Department of Commerce. (f) If the prime contractor awards subcontracts, require the prime contractor to take the steps in paragraphs (a) through (e) of this section. CONTRACT ADMINISTRATION PROVISIONS,40 CFR, Section 33.302 The recipient agrees to comply with the contract administration provisions of 40 CFR, Section 33.302 (a)-(d) and (i). BIDDERS LIST,40 CFR, Section 33.501(b) and (c) Recipients of a Continuing Environmental Program Grant or other annual reporting grant, agree to create and maintain a bidders list. Recipients of an EPA financial assistance agreement to capitalize a revolving loan fund also agree to require entities receiving identified loans to create and maintain a bidders list if the recipient of the loan is subject to, or chooses to follow, competitive bidding requirements. Please see 40 CFR, Section 33.501 (b) and (c) for specific requirements and exemptions. FAIR SHARE OBJECTIVES, 40 CFR, Part 33, Subpart D A class exception to the entire Subpart D of 40 CFR Part 33 has been authorized pursuant to the authority in 2 CFR 1500.3(b). Notwithstanding Subpart D of 40 CFR Part 33, recipients are not required to negotiate or apply fair share objectives in procurements under assistance agreements. MBE/WBE REPORTING-SPECIFIC CHANGES PURSUANT TO CLASS DEVIATION, 40 CFR, Part 33, Subpart E When required, the recipient agrees to complete and submit a "MBE/WBE Utilization Under Federal Grants and Cooperative Agreements" report (EPA Form 5700-52A) on an annual basis. The current EPA Form 5700-52A can be found at the EPA Grantee Forms Page at https.//www.epa.qov/grants/epa-grantee-forms. Reporting is required for assistance agreements where funds are budgeted for procuring construction, equipment, services and supplies (including funds budgeted for direct procurement by the recipient or procurement under subawards or loans in the "Other" category)with a cumulative total that exceed the threshold amount of$250,000, including amendments and/or modifications. When reporting is required, all procurement actions are reportable, not just that portion which exceeds $250,000. Annual reports are due by October 30th of each year. Final reports are due by October 30th or 90 days after the end of the project period. whichever comes first. This provision represents an approved deviation from the MBE/WBE reporting requirements as described in 40 CFR, Part 33, Section 33.502. Programmatic Conditions GRANT-SPECIFIC PROGRAMMATIC TERMS AND CONDITIONS D. PERFORMANCE REPORTING AND FINAL PERFORMANCE REPORT Performance Reports—Content In accordance with 2 CFR 200.328, the recipient agrees to submit performance reports that include brief information on each of the following areas: 1) A comparison of actual accomplishments to the outputs/outcomes established in the assistance agreement work plan for the period; 2) The reasons why established outputs/outcomes were not met; and 3) Additional pertinent information, including, when appropriate, analysis and explanation of cost overruns or high-unit costs. Additionally, the recipient agrees to inform EPA as soon as problems, delays, or adverse conditions which will materially impair the ability to meet the outputs/outcomes specified in the assistance agreement work plan are known. Performance Reports - Frequency The recipient agrees to submit semi-annual performance reports electronically to the EPA Project Officer within 30 days after the reporting period. The reporting periods are October 1 - March 31 and April 1 - September 30. The recipient will provide to the EPA Project Officer within 90 days of the budget/project period end date, electronic copies of final technical outputs of the project, including: a summary of the project, presentation(s), journal article(s) and any other materials relevant to the project results. Presentations should be outlined as those for scientific conferences. Subaward Performance Reporting The recipient must report on its subaward monitoring activities under 2 CFR 200.331(d). Examples of items that must be reported if the pass-through entity has the information available are: 1. Summaries of results of reviews of financial and programmatic reports. 2. Summaries of findings from site visits and/or desk reviews to ensure effective subrecipient performance. 3. Environmental results the subrecipient achieved. 4. Summaries of audit findings and related pass-through entity management decisions. 5. Actions the pass-through entity has taken to correct deficiencies such as those specified at 2 CFR 200.331(e), 2 CFR 200.207 and the 2 CFR Part 200.338 Remedies for Noncompliance. E. CYBESECURITY (a) The recipient agrees that when collecting and managing environmental data under this assistance agreement, it will protect the data by following all applicable State or Tribal law cybersecurity requirements. (b) (1) EPA must ensure that any connections between the recipient's network or information system and EPA networks used by the recipient to transfer data under this agreement, are secure. For purposes of this Section, a connection is defined as a dedicated persistent interface between an Agency IT system and an external IT system for the purpose of transferring information. Transitory, user-controlled connections such as website browsing are excluded from this definition. If the recipient's connections as defined above do not go through the Environmental Information Exchange Network or EPA's Central Data Exchange, the recipient agrees to contact the EPA Project Officer(PO) no later than 90 days after the date of this award and work with the designated Regional/Headquarters Information Security Officer to ensure that the connections meet EPA security requirements, including entering into Interconnection Service Agreements as appropriate. This condition does not apply to manual entry of data by the recipient into systems operated and used by EPA's regulatory programs for the submission of reporting and/or compliance data. (2) The recipient agrees that any subawards it makes under this agreement will require the subrecipient to comply with the requirements in (b)(1) if the subrecipient's network or information system is connected to EPA networks to transfer data to the Agency using systems other than the Environmental Information Exchange Network or EPA's Central Data Exchange. The recipient will be in compliance with this condition: by including this requirement in subaward agreements; and during subrecipient monitoring deemed necessary by the recipient under 2 CFR 200.331(d), by inquiring whether the subrecipient has contacted the EPA Project Officer. Nothing in this condition requires the recipient to contact the EPA Project Officer on behalf of a subrecipient or to be involved in the negotiation of an Interconnection Service Agreement between the subrecipient and EPA. F. COMPETENCY OF ORGANIZATIONS GENERATING ENVIRONMENTAL MEASUREMENT DATA In accordance with Agency Policy Directive Number FEM-2012-02, Policy to Assure the Competency of Organizations Generating Environmental Measurement Data under Agency-Funded Assistance Agreements, Recipient agrees, by entering into this agreement, that it has demonstrated competency prior to award, or alternatively, where a pre-award demonstration of competency is not practicable, Recipient agrees to demonstrate competency prior to carrying out any activities under the award involving the generation or use of environmental data. Recipient shall maintain competency for the duration of the project period of this agreement and this will be documented during the annual reporting process. A copy of the Policy is available online at https.//www.epa.gov/sites/production/files/2015-03/documents/competency-policy-aaia-new.pdf or a copy may also be requested by contacting the EPA Project Officer for this award. G. GEOSPATIAL DATA STANDARDS All geospatial data created must be consistent with Federal Geographic Data Committee (FGDC) endorsed standards. Information on these standards may be found at www.fgdc.gov. All geospatial wetlands mapping must comply with the FGDC Wetlands Mapping Standard which can be found at: http://www.fgdc.gov/standards/projects/FGDC-standards-projects/wetlands-mapping/2009-08%20FGDC 20Wetlands%20Mappinq%20Standard final.pdf. To facilitate accurate data production and inclusion into the National Wetlands Database it is recommended that you visit the U.S. Fish and Wildlife Service's, National Wetlands Inventory, Contributed Data page at: http://www.fws.gov/wetlands/Data/Contributed-Data.html or contact them at Wetlands_Team@fws.gov. H. QUALITY ASSURANCE Quality Management Plan In accordance with 2 CFR 1500.11, the recipient shall continue to implement and adhere to the Quality Management Plan (QMP) submitted to EPA. The QMP should be updated annually or as necessary based on the EPA QA/R-2: EPA Requirements for Quality Management Plans. This quality assurance requirement applies to all grants, cooperative agreements, contracts and interagency agreements that involve the use of environmental data. If not included under the approved QMP, a stand-alone QAPP is required for those projects/activities that result in the collection, production and/or use of environmental information, metrics or data. The recipient agrees to ensure that an approved site specific QAPP is completed for each project. No environmental data collection, production, or use may occur until the QAPP is reviewed and approved by the EPA Project Officer and Quality Assurance Regional Manager or through authorized delegation under an EPA approved recipient QMP based on procedures documented in the QMP. A copy of the approved QAPPs must be retained with the recipient's official records for this Agreement. Quality Assurance Project Plan In accordance with 2 CFR 1500.11, the recipient must develop and implement quality assurance and quality control procedures, specifications and documentation that are sufficient to produce data of adequate quality to meet project objectives. Recipients implementing environmental programs within the scope of the assistance agreement must submit to the EPA Project Officer an approvable Quality Assurance Project Plan (QAPP) at least 30 days prior to the initiating of data collection or data compilation. The Quality Assurance Project Plan (QAPP) is the document that provides comprehensive details about the quality assurance, quality control, and technical activities that must be implemented to ensure that project objectives are met. Environmental programs include direct measurements or data generation, environmental modeling, compilation of date from literature or electronic media, and data supporting the design, construction, and operation of environmental technology. The QAPP should be prepared in accordance with EPA QA/R-5: EPA Requirements for Quality Assurance Project Plans. No environmental data collection or data compilation may occur until the QAPP is approved by the EPA Project Officer and Quality Assurance Regional Manager. When the recipient is delegating the responsibility for an environmental data collection or data compilation activity to another organization, the EPA Regional Quality Assurance Manager may allow the recipient to review and approve that organization's QAPP. Additional information on these requirements can be found at the EPA Office of Grants and Debarment Web Site: https://www.epa.gov/grants/implementation-quality-assurance-requirements-organizations-receiving-epa- financial I. USE OF LOGOS If the EPA logo is appearing along with logos from other participating entities on websites, outreach materials, or reports, it must not be prominently displayed to imply that any of the recipient or subrecipient's activities are being conducted by the EPA. Instead, the EPA logo should be accompanied with a statement indicating that the City of Fayetteville received financial support from the EPA under an Assistance Agreement. More information is available at: https://www.epa.gov/stylebook/usinq-epa-seal-and-logo#policy J. SUBSTANTIAL INVOLVEMENT EPA will be substantially involved in this agreement. Substantial involvement by the EPA Project Officer may include: 1.) monthly telephone calls and other monitoring, 2.) reviewing project phases and providing approval to continue to the next phase, 3.) reviewing and commenting on any documents, web content, or other materials developed under this agreement(the recipient will make final decisions on these matters), 4.) approving substantive terms included in contracts or subawards (EPA's Project Officer will not suggest, recommend or direct the recipient to select any particular contractor or subrecipient except to the extent permitted in Section 10 of EPA's Subaward Policy). 5.) reviewing and commenting on the programmatic progress reports 6) Consultation with EPA regarding the selection of key personnel (EPA's involvement is limited to reviewing the technical qualifications of key personnel and the recipient will make the final decisions on selection. EPA's Project Officer will not suggest, recommend or direct the recipient to select any individual). 7.) Joint operational involvement, participation, and/or collaboration between EPA and the recipient. Project Narrative A. Cover Page 1. Project Title: Erosion Assessment and Stream Restoration in upper Clear Creek and Illinois River Watersheds 2. Track II Application—FY20 3. Core Elements: I. Monitoring and Assessment and III. Voluntary Restoration and Protection Actions: Core Element(CE)I. Set 1: Goals a. Identify program decisions and long term environmental outcome(s)that will benefit from a wetland monitoring and assessment program, CE III. Set 1 Goals: b. Consider watershed planning, wildlife habitat, and other objectives when developing your selection process restoration/protection sites, c. Provide clear guidance on appropriate restoration and management techniques and success measures, CE III.Set 3: Develop Strategy for Restoration a. Increase wetland acreage through restoration, c. Establish partnerships to leverage additional protection, and CE III. Set 4:Refine Protection and Restoration Strategies b. Monitor restoration sites to ensure that they are implemented and managed correctly and linked to relevant watershed planning efforts. 4. Name of Applicant: City of Fayetteville, Arkansas, DUNS #07-565-7742 5. Key personnel and contact information: Alan Pugh, PE, City of Fayetteville, apugh@fayetteville-ar.gov, (479) 575-8208 Sandi Formica, WCRC, formica@watershedconservation.org, (501) 352-5252 6. Geographic Location: Arkansas - Fayetteville, Washington County; HUC: 11110103, Illinois River Watershed, 12-digit HUC: 11110103-0201, Lake Fayetteville-Clear Creek and; 11110103-0202 Mud creek—Clear Creek 7. Total Project Cost: $430,000 Federal Dollars Requested: $300,000, Match: $130,000 1 8. 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. Restoring natural resources by demonstrating stream, riparian, and wetland restoration within the priority watershed of Clear Creek protects water quality and expands and improves ecosystem services. The City of Fayetteville in partnership with the Watershed Conservation Resource Center proposes to complete an inventory of the riparian condition of 6 miles of urban streams that will include identifying streambanks with accelerated erosion, and wetland features, prairies, and springs within the stream corridor. In addition, stream and wetland restoration will be demonstrated using innovated techniques to restore the hydrology and native vegetation in upper Clear Creek watershed, a major tributary of the Illinois River. Section B: Project Description 1. Project Description The City of Fayetteville (City) in partnership with the Watershed Conservation Resource Center(WCRC)proposes to complete the inventory of the riparian and streambank conditions for 6 miles of urban streams in the upper Clear Creek watershed and demonstrate innovated techniques to restore stream channels, riparian, and natural features, including wetlands. Clear Creek is an impaired stream and a major tributary that flows to the Illinois River, a water quality protection priority for both Arkansas and Oklahoma. Through the 6 mile riparian and streambank inventory of Clear Creek, unstable streambanks and degraded wetlands will be identified and prioritized for restoration.Natural areas, such as, springs, wetlands, and prairies will be identified for preservation. The data collected will be made available to the City's Engineering and Planning Divisions, state government, and watershed groups for evaluating proposed development,zoning,and watershed planning. 2 The impervious surfaces of the urban environment of the upper Clear Creek watershed have resulted in increased stormwater runoff with streams enlarging three to four times. Innovative restoration techniques that include using natural channel design principles to restore channel hydrology and stabilize streambanks will be demonstrated. Native vegetation establishment in riparian and wetland areas and on-going monitoring and maintenance practices to ensure long- term success of stream restoration projects will be demonstrated. The stream channels and riparian are over-whelmed with invasive vegetation, including bush honeysuckle, privet, and winter creeper. Their dense understory completely blocks the sunlight, preventing native grasses and wildflowers from growing in the forest or wetland plants from growing in seeps or wet depressions along streams. The project will emphasize the importance of restoring riparian and wetland areas with native plants and follow-up monitoring and maintenance as a critical component of successful stream restoration projects. The following restoration-based activities will be conducted: 1) Two to four unstable stream sites in the upper Clear Creek watershed will be selected and, approximately, 650 feet of stream channel will be restored using natural channel design principles that are a sustainable alternative to traditional engineering methods of hardening stream channels with concrete and rip-rap. 2) Approximately 1,300 feet of riparian(10 to 25 ft width)will be restored by removing invasive vegetation using mechanical removal and chemical treatment and revegetating with plants native to the local ecoregion to reduce erosion and restore the local ecology. 3) When possible, riverine wetlands will be restored in floodplains adjacent to selected restoration sites by creating small oxbows or depressions within large floodplains. 4) Sediment and phosphorus loading reductions will be monitored. 3 5) Both invasive and native vegetation will be monitored and reported to the ANHC. 6) The City and the WCRC will work with partners to conduct hands-on training workshops for states/tribal/government agencies, environmental professionals and the general public. a. Identification, selection, and establishment of native species of plants in riparian and wetland areas to protect water quality and create wildlife habitat. b. Safe removal techniques of invasive plants along streams 2. Description of Need Over the past 30 years,Northwest Arkansas' population has tripled to over 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 magnitude and frequency of high flow events in streams. The Upper Illinois River watershed and its headwaters are characterized by this rapidly growing urban center from Fayetteville to Rogers and Bentonville, Arkansas. The headwaters of Clear Creek begin in Springdale and Fayetteville and Mud Creek, a major tributary of Clear Creek, drains a large area of Fayetteville. Smaller tributaries that flow to Mud Creek are Skull Creek and Niokaska Creek and their watersheds lie in Fayetteville with Skull Creek draining some of the oldest sections of the City. Clear Creek is an impaired stream on the Arkansas Department of Environment Quality's 303 (d) list, and based on the `Watershed- Based Management Plan for the Upper Illinois River Watershed,Northwest Arkansas,' the Illinois River Watershed Partnership (IRWP)considers Clear Creek a priority for restoration to reduce non-point source pollution and restore aquatic and terrestrial habitat. Also, the Illinois River watershed is an Arkansas Natural Resource Commission priority for nutrient reduction. Development has also resulted in the loss of wetlands,prairies, headwater streams, and riparian features that are connected to the stream channels and needed for healthy stream 4 ecosystems. The WCRC in partnership with the City and through a USDA Natural Resource Conservation Service grant has conducted a partial inventory of the Clear Creek watershed. Surveying an additional six miles of stream and riparian will complete the entire Clear Creek watershed inventory and provide additional information and data needed to restore disturbed sites and to preserve high quality natural features. The City will use this data to help determine their contribution to water quality improvements in the Illinois River from the restoration of streams and wetlands. The project demonstrates innovative techniques for addressing channel enlargement as an alternative to traditional engineering approaches, such as, concrete and rip-rap. Restoration utilizing innovative techniques based on natural channel design principles is a progressive approach that will resolve the effects of channel enlargement, while improving water quality and the local ecology. The headwater streams of Clear Creek watershed and the surrounding natural features are choked with bush honeysuckle,privet, winter creeper and other invasive plants that prevent establishment of native plants and populate Clear Creek and the Illinois River watersheds with their seed. The density of these plants completely blocks sunlight and large areas of the forest floor are absent plants outside of these shrubs. Removal of these invasive plants is necessary, so that a healthy riparian based on the local ecoregion can be established. This project will result in high quality restoration that includes channel, riparian, and riverine wetland features and that will be monitored for both sediment and phosphorus reduction and native plant establishment. The restoration of 650 feet of stream will address water resource concerns by reducing sediment and nutrients by stabilizing streambanks using natural channel design principles. It is expected that over 80%reduction of sediment and nutrients will be achieved through the channel restoration. In addition, aquatic and terrestrial habitat will be 5 restored. 1,300 feet of riparian that currently has an understory that is mostly invasive vegetation will be restored to native species of plants found in the Ozark Highlands ecoregion. Also, riverine wetlands will be established when possible through creating an oxbow if a new channel is constructed or a wet depression in the floodplain. The results of the demonstration will be used to show the importance of including establishment of native plants based on ecoregions at restoration sites and the use of natural channel design principles to stabilize streambanks. Local residents, state/tribe/local government, and environmental professionals will be trained on how to safely remove invasive species of plants and establish native species for streams and wetlands. The Track II project supports Core Element I. Monitoring and Assessment and Activity Set 1: Goals a. Identify program decisions and long term environmental outcome(s) that will benefit from a wetland monitoring and assessment program: The results will be used by NW AR Cities and State agencies to assess areas that need restoration and encourage techniques that result in water quality and habitat improvement including natural channel design, native plant establishment, and long-term maintenance to create high-quality stream and wetland restorations. The project supports Core Element III. Voluntary Restoration and Protection and the following Activities: Set 1 Goals: b. Consider watershed planning, wildlife habitat, and other objectives when developing your selection process restoration/protection sites: The project is based on watershed planning that promotes the protection of water quality and restores both aquatic and terrestrial habitat in Clear Creek watershed, a priority area for restoration to protect the Illinois River.Set 1: Goals c. Provide clear guidance on appropriate restoration and management techniques and success measures: Training will be provided on the demonstrated innovative techniques to local residents, state/tribes/local government, and environmental professionals. Set 3. Develop Strategy for Restoration a. Increase wetland acreage through restoration (re- 6 establishment): The project will result in a minimum of 650 feet of stream, 1,300 feet, and riverine wetlands features restored. CE III. Set 3. Develop Strategy for Restoration c. Establish partnerships to leverage additional protection: Results will be shared with the IRWP along with conservation organizations, environmental professionals, and state government to encourage similar restoration and protection measures. Set 4: Refine Protection and Restoration Strategies b. Monitor restoration sites to ensure that they are implemented and managed correctly and linked to relevant watershed planning efforts: The restoration will be monitored and the data will be used to implement adaptive management strategies during the project period, improve restoration techniques for the area, and to evaluate the success of the project. Through the partners, information will be incorporated into local watershed planning. 3. Project Tasks - The project tasks are summarized as follows: Task 1:Development of Quality Assurance Project Plan (QAPP). A QAPP plan will be developed to assure quality data collection. Responsible: WCRC Deliverable: Approved QAPP Task 2: Conduct Inventory of Riparian,Streambank, Wetland, and other Natural Features and prioritize streambank sites. The assessment of upper Clear Creek streams within the city limits including Mud Creek and Niokaska Creek will be completed. 1) Conduct 6 mile inventory of riparian and streambank conditions including a) collect riparian area information-presence of wetland features, springs, prairie, forest coverage, and vegetation composition; b) evaluate streambanks showing signs of accelerated erosion using Bank Erosion Hazard Index (BEHI) method and Near Bank Shear Stress (NBSS); c) measure streambank height and length; and d) evaluate riparian area width using GIS,. 2) Enhance existing erosion prediction curves—install toe pins and measure erosion. 3) Create GIS data layer of stream, riparian, and natural features data. Responsibilities: WCRC 1), 2) applicant will obtain landowner permission. Applicant& 7 WCRC 3). Deliverables: A summary of the inventory results with maps and updated erosion prediction curve,prioritization results. Task 3:Select Sites to be Restored in Upper Clear Creek watershed. 1) Two to four sites will be selected for channel (650 feet) and riparian(1,300 feet) restoration and riverine wetlands will be restored wherever possible. 2) Landowner agreements will be obtained for the restoration work. Responsibility: Applicant and WCRC 1), 2)Deliverables: location map. Tash 4: Site Monitoring and Collection of Pre and Post Restoration Data. 1)Establish plant monitoring sites along the riparian and natural features areas and collect data during two seasons (late spring and late summer)at the following times: a)before restoration; b) following the removal of invasive plants; and c) following channel restoration activities. 2) Establish sites for measuring bank profiles and collect data before and after restoration. 3) Measure streambank profiles and estimate streambank erosion rates before and after restoration. Responsibility: WCRC, Applicant, - 1)with ANHC assist and WCRC -2). Deliverable:plant monitoring data, streambank monitoring locations, sediment& nutrient load estimates Task 5:Native Plant Selection and Establishment. 1) Develop site re-vegetation plan; 2) Remove invasive vegetation using mechanical and chemical methods. 3) Select native species based on local ecoregion; identify native plant sources. 4) Incorporate native plants into the riparian, natural features, and during construction of stream restoration. Responsibility: WCRC 1), 2)&4) WCRC &ANHC 3). Deliverables:summary of invasive vegetation removal, list of native species of plants, summary of native vegetation establishment. Task 6:Develop Restoration Design. 1) Survey stream morphology and collect needed topographic data. 2) Develop restoration plans. 3) Develop construction drawings. 4)Obtain necessary permissions for construction including Corps 404 permit, ADEQ authorization, and 8 flood plain permit. Responsibility: WCRC— 1), 2), 3), & 4). Deliverables: Restoration plan, construction drawings, 404 permit application, letter of"No-Rise" Task 7: Construction of Restoration Design. 1) Procure construction materials and construction contractor. 2) Prepare site for construction, including installation of safety fence, delivery of materials and equipment, and stake site plan elevations; 3) Conduct construction oversight and construct stream channel, structures, floodplains, and natural features. Responsibility: Applicant - 1), WCRC - 2)& 3). Deliverables:Summary of demonstration project construction activities. Task 8: Technology Transfer- Training Workshops and Outreach. 1) Provide two training sessions on use of GIS data to City staff, local decision makers,watershed groups, and state/tribe/local government. 2) Provide a total of four hands-on training workshops on a) invasive vegetation removal along streams and b) native plant selection and establishment. 3) Incorporate information into workshops and courses. Responsibility: Applicant& WCRC 1), 2), 3) &4). IRWP will assist with 2) & 3). Workshop Agendas, Summary of Activities Task 9:Administrative and Reporting. Project oversight and develop 1)quarterly reports and 2) final report. Responsibility: Applicant. Deliverables: Quarterly and Final Reports 4. Milestone Schedule Milestone/Task Start Date End Date Product 1A: Develop Draft QAPP 1 1/01/20 01/31/21 Draft QAPP 1B: Finalize QAPP 02/01/21 03/31/21 Approved QAPP 2: Conduct Riparian Inventory 1) Inventory 6 miles of Mud Creek 04/01/21 05/31/21 Area/watershed map 2) Measure Erosion Rates 07/01/21 09/30/22 Inventory results 3)Add new data to existing City database 09/30/22 12/31/22 Expanded GIS Database 9 3: Select Restoration Sites 1)Select 2 to 4 Sites 02/01/21 03/31/21 Map of Project Sites 2)Obtain Landowner Permission 04/30/21 05/31/21 Signed Agreement 4: Restoration Site Monitoring 1) Select plant monitoring sites and 04/01/21 06/30/21 Map of monitoring sites collect data spring and summer a. before restoration 04/30/20 09/30/21 List of plant species b. following channel restoration 03/15/21 09/30/22 List of plant species 2) Select streambank erosion monitoring 04/01/22 06/30/22 Loading Estimate sites&conduct BEHI/NBSS 3) Measure bank profiles a. Before channel restoration 07/01/21 07/30/22 Estimate of load reduction b. After channel restoration 10/01/22 10/31/23 Estimate of load reduction 5: Native Plant Establishment 1) Develop Site Vegetation Plan 04/01/22 08/31/22 Site vegetation plan 2) Remove invasive vegetation from 04/01/21 10/31/23 Summary of invasive plant selected restoration sites removal 3) Select and source native plant species 06/01/2 I 10/31/23 List of ecoregion-based 4) Incorporate native plants into the plant species restoration areas a. Riparian and natural features 01/01/22 10/31/23 Summary of establishment b. Constructed flood plains 09/30/22 10/31/23 Summary of establishment 10 6: Restoration Design Development 1) Survey Stream Morphology 11/01/21 03/31/22 Summary of data collected 2) Develop Restoration Plan 01/01/22 03/31/22 Restoration layout 3) Develop Construction Drawings 03/01/22 07/31/22 Construction drawings 4) Obtain necessary permissions 06/01/22 07/31/22 Letter of"No-Rise", 404 Permit,ADEQ STAA 7: Construct Restoration 1) Obtain construction materials 01/01/22 08/31/22 2) Site Preparation 06/01/22 07/31/22 3) Implement Restoration Plan 08/01/22 03/31/23 Summary of construction 8: Technology Transfer 1) Conduct training workshops Workshop Agendas a. Prioritization Data Use 01/01/23 11/30/23 Summary of workshops b. Invasive Removal 04/01/22 11/30/23 Summary of workshops c. Native Plant Establishment 04/01/22 11/30/23 Summary of workshops 9: Reporting-Quarterly Report 01/30/21 10/31/23 Progress report Final Report 10/01/23 12/31/23 Final report 5. Detailed Budget- 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 follow all appropriate procurement standards as required by EPA. The project budget is shown 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 channel design stream restoration, stream 11 assessment, and native riparian vegetation management. Their budget is shown on line "h. and detailed under"Other"Budget and their primary responsibilities are shown in Section B.3. Project Budget "Other"Budget Non- Non- Object Class Cat. Federal Federal Total Federal Federal Total a. Personnel SO $0 $0 $103,169 $0 $103.169 b. Fringe $0 $0 $0 $41,660 $0 $41,660 c. Travel $0 $0 $0 $2.000 $0 $2,000 d. Equipment $0 $0 $0 $0 $0 $0 e. Supplies $0 $0 $0 $35,000 $50,000 $85,000 £ Contract $0 $0 $0 $0 $0 $0 g. Construction $80,000 $50,000 $130,000 $0 $0 $0 h. Other $220,000 $80,000 $300,000 $0 $30,000 $30,000 i Total Direct $300,000 $130,000 $430,000 $181,829 $80,000 $261,829 j. Indirect $0 $0 $0 $38.171 $0 $38,171 k. Totals $300,000 $130,000 $430,000 $220,000 $80,000 $300,000 *Other Non-Federal Funding consists of in-kind match contributions from the IRWP($30,000) The federal,non-federal, and total cost for each project task identified in Section B.3 are: Task 1. Develop QAPP (F-$5,000, NF-$0, T-$5,000); Task 2. Riparian Inventory (F-$15,000, NF-$0 T-$15,000); Task 3. Select Restoration Sites(F-$5,000,NF-$0, T-$5,000); Task 4. Restoration Site Monitoring(F-$20,000 NF-$0, T-$20,000); Task 5. Native Plant Establishment (F-$32,500,NF-$30,000, T-$62,500); Task 6. Develop Restoration Design(F-$67,500,NF-$0, T-$67,500); Task 7. Construction of Restoration Design (F-$125,000,NF-$100,000, T- $225,000). Task 8. Technology Transfer(F-$12,000,NF-$0, T-$12,000), and Task 9. Reporting (F-$18,000,NF-$0, T-$18,000). Match for this project is in the form of cash and in-kind services provided by the applicant and project partners. The applicant will provide $100,000 cash match that will be used for 12 procurement of materials(rock, plants, erosion control, etc.), compensation for restoration contractor, supplies and labor for the removal of invasive plants, and supplies and labor for the establishment of native plants. The IRWP will provide $30,000 of in-kind cash match to assist with procurement of plants and materials needed for riparian restoration activities. 6. Transfer of Results -Technology and information gained from this project will be transferred through the following mechanisms. Data on native plant species will be provided to the ANHC to be included in their state-wide tracking system. Hands-on training workshops will be held that present innovative restoration techniques including ecoregion-based native plant establishment; safe invasive vegetation removal along streams, and natural channel design principles. State/tribes/local government wetland programs in surrounding area will be invited to participate. Results will be integrated into local workshops and regional presentations at forums typically attended by representatives from state/tribes/local government wetland programs. Site tours will be given to individuals from local organizations, government offices, contractors, environmental professionals, developers, community leaders, city planners and engineers, and civic leaders. 7. Outputs, Outcomes, and Tracking L Link to 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 watershed. Water infrastructure is 13 improved through the demonstration of stream channel, riparian, and natural features restoration, which will reduce sediment and nutrients in the Illinois River watershed, while restoring aquatic and terrestrial habitat in an urban environment. The City is committed to long-term success of these types of project and will continue to support ongoing maintenance of the sites, so native vegetation is established and a sustainable channel restoration is created. The workshops supported by partnerships, on invasive removal, native vegetation establishment, and natural channel design will provide training and demonstrate the project's innovative techniques to state/tribes/local governments in the area. ii. Outputs - The expected environmental outputs are 1) Identification, for 6 miles of urban streams: a) sites needing streambank,riparian, and/or wetland restoration and b)areas of stream corridor that have unique environmental attributes, such as healthy riparian forest, wetlands, springs, and/or prairie; 2) Maps and GIS data layer showing prioritized sites for restoration or preservation to be used as a planning tool for the City, local watershed planning, and state government; 3) Estimates of annual loading rates of sediment, phosphorus, and nitrogen from streambank erosion for 6 miles of channel; 4) Development of restoration strategies for the Illinois River watershed to integrate channel, riparian, and wetland features, water quality protection, habitat improvement, ecoregion-based native plant establishment, and long-term monitoring and maintenance of restoration sites to ensure longevity and healthy ecosystems will be established; 5) Increase ecological services through the implementation of 650 ft of stream and 1,300 ft of riparian restoration to demonstrate new and innovative approaches that include the importance of invasive vegetation removal. methods for native vegetation establishment, needed long-term vegetation management strategies, and natural channel design principles to restore channel stability. 6) Restore riverine wetlands in adjacent floodplains to help retain and 14 filter runoff; and 7) Develop training workshops for states/tribes/local government and residents that utilize innovative techniques and provide information that contributes to a broader understanding of streams and wetlands as ecosystems and the importance of native plants establishment and maintenance s critical components of stream and wetland restoration; 8) Development of monitoring data to demonstrate the effectiveness of restoration projects. Outputs are linked to the EPA Strategic Plan because waters are cleaned through improved water infrastructure in partnerships that support drinking water, aquatic ecosystems, & recreation. iii. Outcomes—The expected environmental outcomes from this project are 1) Improve the decision making ability of the City and watershed planners in conducting restoration of streams, wetlands, and riparian areas; preservation of healthy streams, wetlands, and other natural features; and reduction of sediment and nutrients from streambank erosion to improve water quality within the Illinois River watershed; 2) Improve City staff's ability to implement the Streamside Protection Ordinance through the data and information collected; 3) Reduce the sediment and phosphorus loadings from treated streambank erosion sites to Clear Creek by 80%; 4) Reduce invasive species of plants in the treated riparian areas by over 90%; 5) Increase percentage of native plants along the riparian to 90%; 6) Increase quality of natural features on the site; and 7) Increase understanding among state/tribe/local government and residents, decision makers, and environmental professionals that a high quality restoration that improves both water quality and habitat including a) as part of the design,the channel, riparian areas, wetlands, and other natural features and b)native vegetation establishment and long-term monitoring and maintenance are needed and should be part of the design and budget. These outcomes are linked to the EPA Strategic Plan because the results will contribute to aquatic ecosystems and water resources being restored. 15 iv. Tracking Outputs& Outcomes: Outcomes 1) and 2) will be tracked by providing users of the GIS data layer with a form in which they will described how they used the streambank and natural feature inventory data. Outcomes 3)through 6) will be tracked using the project monitoring with baseline conditions established prior to restoration. Outcome 7)will be tracked by providing questionnaires to workshop participants before and after and comparing results. 8. Programmatic Capability/Technical Experience/Qualifications i. Organizational Experience: The City of Fayetteville has been acknowledged for its environmental awareness for many years and is currently recognized as leading the State of Arkansas in sustainability and green infrastructure policies, including adopting the state's first Invasive Species Ordinance in 2015 and the state's first Climate Action Plan in 2018. The City partnered with the WCRC on several stream restoration projects that have been successful in using natural channel design principles. These projects included evaluating streambank erosion and examples can be found in Section F, Attachment i. The City supports ongoing maintenance of stream restoration sites and establishment of native plants in parks to reduce maintenance and enhance the natural settings. Additionally,the City has developed a city-wide phosphorus reduction plan and has voluntarily restored several sections of streams based on the plan. 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 staff has a broad range of experience 16 with the watershed approach and has spent many years working throughout Arkansas on a variety of watershed issues. The WCRC has 12 staff persons and is housed in Fayetteville, AR. The WCRC is engaged in several watershed assessment and stream restoration projects in Northwest Arkansas in which they've received funding and successfully designed and constructed(Section F, Attachment i). Through follow-up monitoring and assessment,the WCRC has developed their own innovative methods for vegetation establishment and long-term maintenance of restorations using natural channel design principles in the Ozark Mountain region where there are flashy, incised, steep-gradient streams. The WCRC is engaged in projects that assess stream stability, assess streambank erosion, and develop streambank erosion prediction curves to estimate pollutant loadings and reductions. In April of 2019,the Arkansas Game & Fish Commission awarded the WCRC a"Conservation Award' in recognition of extraordinary dedication and contributions to the conservation of Arkansas's fish, wildlife, and natural resources and as a conservation leader in Northwest, Arkansas. ii. Staffing Experience & Qualifications- The key personnel for this project are (See Att. ii): Alan Pugh, P.E., CFM,Staff Engineer, City of Fayetteville—will serve as Project Coordinator. Alan is the City's floodplain administer and he is responsible for storm water permitting, design, stream restoration projects, grant management, and maintaining compliance with MS4 permits. Alan has over 16 years of experience ranging from residential/commercial design projects to various municipal projects including transportation and storm drainage. •Sandi Formica, Executive Director, Watershed Conservation Resource Center, will serve as Project Manager. Sandi manages the WCRC, a 501 (c) (3), and conducts project development, design, and management,provides technical oversight, develops grants, and carries-out watershed-based projects. She is a regional expert in watershed assessment and planning, river 17 stability, stream restoration design, and innovative methods to establish native vegetation at restoration sites. She is project manager of 15 successful stream restoration projects in NW AR. •Matthew Van Eps,P.E.,Associated Director, Watershed Conservation Resource Center, will serve as Project Engineer. He is the lead design and project engineer for 15 stream restoration projects that include watershed-based assessments and evaluation of the impacts of various land- use activities on sediment and nutrient loading. 9. Partnership Information - The following organizations have agreed to partner: 1) Arkansas Natural Heritage Commission (ANHC) will provide technical assistance on vegetation monitoring, plant species identification, and native plant selection and sources. 2) Illinois River Watershed Partnership (IRWP) will assist providing funding to help with the native plant establishment and assist with workshops and outreach. P 10. Past Performance—Completed in 2018, in partnership with the WCRC, the City has successfully managed and met the commitments of two EPA Wetlands Program Development Grants: 1)FY14, an"Inventory of Riparian& Streambank Conditions of Urban Streams"was successfully completed in which streambank and riparian conditions of over 28 miles of urban streams was evaluated, streambank erosion prediction curves were developed that estimate sediment and nutrient loadings from streambank erosion, wetlands, prairies, springs, and streambanks in need of restoration were identified. The WCRC worked with the City's GIS staff to create a data layer so the information is available to the City's departments,watershed groups, and state/local government. Outputs from this project are being used to improve decision-making ability concerning proposed developments,protection of natural features,priorities when restoring streams, wetlands, and riparian areas, and estimates of the reduction of sediment and nutrients from streambank erosion to improve water quality within the Illinois River and Beaver 18 Lake watersheds. Outcomes met include 1) a redesign of a section of Cato Springs Branch in which approximately 800 feet of channel was going to be destroyed and replaced with a shorter, straight,trapezoidal channel and 2)natural feature information led to the discovery of new locations of aquatic species of greatest conservation concern and rare plants. Completed in 2017, the WCRC in partnership with the City completed an EPA Section 319 grant, administered by ANRC,to restore a 1,250 long eroding riverbank on the White River near Fayetteville. Environmental outputs were the WCRC designed & constructed a natural channel design based riverbank restoration project that reduced lateral erosion, reduced sediment and nutrient loads, and enhanced the aquatic/terrestrial habitat. This project helped to reduce sediment and nutrient loadings to the White River. The estimated load reductions achieved by this project are 4,700 ton/yr and 4,200 lb/yr of for sediment and phosphorus,respectively. Environmental outcomes were met with a 98%annual reduction in sediment and nutrient loads. Completed in the summer of 2016, the WCRC in partnership with the City successfully designed and implemented a stream restoration on Ground Cherry Creek using EPA Section 319 grant funds. This restoration achieved multiple beneficial objectives using a natural channel design approach resulting in the restoration of 2,000 feet of degraded stream. The WCRC successfully managed this project and met all reporting requirements. Environmental outcomes were met as sediment and nutrient loads were reduced annually by 98%. C. Restoration Demonstration Project Information -. This project has a demonstration component. Headwater streams in Clear Creek watershed within the City have enlarged as a response to watershed changes,predominately the conversion of forest and pasture to residential and commercial development sites with large areas of impervious surfaces. Accelerated streambank erosion is found throughout the City and it contributes both sediment and nutrients to 19 Clear Creek and the Illinois River. In addition to stabilizing the channel using natural channel design principles,the invasive vegetation must be carefully removed and replaced with native species of plants that can also prevent accelerated streambank erosion. Planting techniques that will be demonstrated along with the construction of soil lifts as flood plains will provide stability and give the vegetation time to establish. The WCRC will irrigate during the summer months, continue with invasive vegetation control, plant additional native when needed, and will repair damage from storm flows if needed. The City financially supports the WCRC to conduct long- term inspection and maintenance, so beyond this project, the WCRC expects to continue site monitoring and maintenance for at least five years. Watershed changes and flooding are considered in design. Erosion monitoring data will be used to estimate sediment and nutrient load reductions to the watershed. The following permits will be obtained: 1) USACE Section 404 permit; 2) floodplain development permit; and 3)ADEQ temporary authorization. D. Quality Assurance/Quality Control -The applicant will be collecting environmental data to determine streambank erosion rates and sediment and nutrient delivery, monitor plant communities, and to develop the restoration design. In order to comply with Quality Assurance and Quality Control (QAQC)requirements,the applicant will develop and submit within the first three months of the project period, a Quality Assurance Project Plan(QAPP). E. Invasive Species Control -The applicant will monitor and work towards the elimination of invasive species from the site and will not introduce any to the site. Experienced project partners will provide assistance in developing invasive species control plan. If invasive species are detected or populations promoted in any way,the recipient will respond F. Attachments i Maps and Restoration Examples ii. Staff Resumes iii. Commitment Letters 20 1 r \ Erosion Assessment and Stream Restoration in the upper Clear Creek i, 1 Watersheds Mi ansa and Illinois River J �, ansa w Benton o �` Carrol • A ;t o Sage f p Q �. v ° G i lean Cre=., '; cam j .tershed o / e ,9 cr) oe: r Jet _ _ _: 4 G\eac Creed )......._Illinois River HUC ors M=di-,. L11110103 ����n J 1 N / /'��;j General Project Area1 n N gs� ;!!� ;4 �� f \-`. I J ��r, Washingto Y ,,,,:yoliV ( ) lie" ' ' 1110—al migkoithill216 ,, , r , /--- , ‘ 1 witi ,..tc 1 i2 rt. / __,- __ .._______ 1 ( if-/ t ! • I. ,� r ' It 40 °•' 4' ens +` il 1. �� as River °a 10 5 0 10 Miles AQ`'m WATERSHED CONSERVATION - Erosion Inventory and Stream Restoration �•: . Upper Clear Creek, Fayetteville, Arkansas itc4 / a� ... t r'// y \M1 '1 John SOrl - [ ' . ,..,,,, . , ,.. .2:.,..f.„, .. ,. .„ .,_. . , ,...,..,,, .i ,e... ,,.....,_ . ,.. '� � S. , .. „. ,„,, , .... . ..„ . . . , ,,,,,,.. ..„.. . ,. . .,..,.. . .,... Al .• ,___,,,,,__ _i,. _ etIJ • „_,.. ;c" A . 7 ffl \ I 12 ; °'� : 1. t. k r,V.1 * '' :" ..7.,.....- 'if....'..'',1••''.'.4' `Fayetteville,,. ' '' ..4 • T7i ___\''i '' : : ' , . . , . . •-' ,u0 A 461/r- ' r , : . Potential po N _i -• Y �. entlal project�ne� j r• A __ 7� �. , !,•/Erosion Inventory Ream r Creek W terns �4+•Creeks /7 " ClearWatershed ' Attachment i. Before l� ' .mow ,�, After iiiii xs - . '915.'�.§l�-., ' • ~ . zs ` L _ _ _. . _ , �r y. ,... •- _ . , . • ~- • Before • ' V / J• r After k Allt%1 r/// • I, ,,soh .. I !t� ;•__. �' .-►` A * p{ __xis._ Fin '•. After 4 • 4 „ ..... . .... . ,- Example of Urban Stream Restoration Design and Implementation Performed by the WCRC. This project is located on Ground Cherry Creek in Southwest Fayetteville. Changes to the landscape resulted in a degraded stream with significant lateral erosion and vertical channel instability(Before Photos on Left). The WCRC implemented a restoration design to provide stability to the channel and improve aquatic and terrestrial habitat(After Photos on Right). The work was completed in 2016 under an EPA Section 319(h)Grant administered by Arkansas Natural Resources Commission. 23 Attachment i. 44 A4iirr WHITE RIVER ASSESSMENT AND RESTORATION The Watershed Conservation Resource Center (WCRC) worked with project Project Partners partners to stabilize a riverbank on the White River near the Nolan Wastewater Arkansas DEQ Treatment Plant in Fayetteville, AR. Beaver Reservoir is located only a few Arkansas Natural Resource Commission miles downstream of the project site. The project was funded by an EPA U S Environmental Protection Agency Section 319(h) grant administered by the Arkansas Natural Resources Watershed Conservation Resource Center Commission with matchingfundsprovided bythe Cityof Fayetteville and other City of Fayetteville Arkansas Y Beaver Water District project partners Implementation of the bank stabilization plan began in Beaver Watershed Alliance October 2015 and was completed in December 2016. Background: The White River. located in Northwest Arkansas. forms Beaver Lake. which is the primary drinking water source for over 400,000 people in NW Arkansas. The Arkansas Department of Environmental Quality placed the White River on the 1998 State 303(d) list of impaired waterways citing sedimentation and turbidity issues as a result of surface erosion, which includes streambank erosion, as the cause As of 2017. the White River remains on the impaired list Measurement of erosion indicated that the bank was retreating at an average rate of over 8 ft/yr generating over 4,800 tons of sediment each year. Erosion of the riverbank also contributed over 11,000 lb of total nitrogen and over 4,000 lb of total phosphorus to the waterway yearly. 4 r ♦ .-t- Y • •�'r.' i r`•* .4�' ."yK j •.• fi t. i •, tin ~ Y4. .. w • at: '•A • tL Gs ti ,� „ yi,l. V ' ., - j ( • i ••••,/ ; jr jtry+, ! , '. '4'- • �t i' J:SXV r i l .' .. l /Tt5 rs X /74' 1 i `,i J4 Design& Implementation: The WCRC utilized natural channel design principles to develop the restoration plan Streamline Environmental, LLC of Magnolia Springs. AL constructed the channel to specific dimensions designed to restore the river to a stable form based on local reference reach data. A 'toe wood' bench was designed and constructed using large trees, boulders, and gravel. Trees for the project were salvaged from local construction developments. The edge of the bench, with exposed root wads and boulders provides excellent fish habitat and also reduces the power of the passing floodwaters. The use of native vegetation is a critical component of the stabilization design. Soil layers consisting of topsoil wrapped in a coconut fiber blanket, were constructed on top of the two benches, provide a medium for plants to take root and grow and provide additional weight to secure the trees used in the structure These soil lifts were seeded with a mix of native riparian seed types. Approximately 500 trees, 4,000 shrubs, and 1,000 grass plugs Maturing plants help to bind the structure through root growth and will also help to dissipate water velocity as the leaves,branches,and stems of the plants interact with flood waters. Post Restoration: The restored bank provides water quality benefits almost immediately following construction. Several floods have taken place since the completion of heavy construction and inspections conducted indicated that no erosion occurred along the previously eroding riverbank For more information, visit www.watershedconservation.orq or contact the WCRC at(479)444-1916. 24 Attachment i. WHITE RIVER ASSESSMENT AND RESTORATION .,.:.,, V.......I ‘ ',:'-;:- ..t.,....krra,lit:7;!:,`"bfr...,,,::: ' --- 0101004' . . >� f : ks may',« .."NNil+ l` .� �4 .f .IR T'�, •, A.Before Construction B.Construction of Boulder and Wood Toe Bench - i „ . ik \ 1 I 411/11-:,..., _ A lei C.Toe Wood Bench Completed . D.WCRC Staff Planting Vegetation 2 1 raTcri '..t,..- '''• . .-;7-..• ^ .. • r s.' E.Bench Construction Completed F.One Year After Construction .dam:. — - Clockwise from top left: A. The 18-ft tall cut-bank at the project site was eroding at an average rate of 8 ft/yr generating an estimated 4,800 ton/yr of sediment. B. The river bank was stabilized using a combination of boulders, trees, and gravel to construct a toe wood bench that slows water near the bank and improves aquatic habitat. C. Approximately 1,200 feet of toe wood was installed along the bank. D. WCRC staff planted over 5,500 native trees, shrubs, and grasses along the stabilized bank and in the adjacent riparian area. E. Two bench levels,the inner berm and bankfull, were designed to protect the river bank at a variety of flow rates. F. The completed stabilization project with increasing vegetation density in September 2017. The Watershed Conservation Resource Center(WCRC)is a nonprofit organization whose mission is to protect restore and conserve natural resources using a watershed approach The WCRC would like to thank their project partners Crty of Fayetteville,Arkansas Natural Resources Commission,Arkansas Department of Environmental Quality.U.S.EPA Region 6,Beaver Water District,and Beaver Watershed Alliance for their contributions 75 Attachment ii. Staff Resumes Alan Pugh. P.E. 125 W Mountain St Fayetteville_ AR 7 2 701 479-575-8208_ E-mail apuglt a'favetteville-ar_gov Education Graduated Magna cum laude with Bachelor of Science in Civil Engineenng from the University of Arkansas Engineering Experience August 2014-Present: Staff Engineer with the City of Fayetteville. Main duties include maintaining compliance with the City's Municipal Separate Storm Sewer System(MS4)permit and National Flood Insurance Program. Duties also include stormwater and floodplain design. management of stormwater related design and construction projects and management of grant opportunities associated with these projects. Many of the drainage projects include procurement of professional services, review and approval of plans and specifications. coordination of the advertisement and bidding activities and construction administration. This position also required coordination with other city departments. City Planning Commission, City Council and outside agencies. March 2013-July 2014: Engineering Director with the City of Spnngdale. While reporting to the Mayor of Springdale. I was responsible for managing a team of engineers and inspectors dealing with multiple issues that arise within a municipality of approximately 70,000 citizens. This includes developing and monitoring budgets for the Engineering Department and oversight of the 2012 Bond Program which included the projects listed below. This position also required coordination with other city departments. City Planning Commission. City Council and outside agencies such as the Arkansas Highway and Transportation Department. Northwest Arkansas Regional Planning and Federal Highway Administration. This position also included the development and revision of department and city policies as well as ordinances within the Engineering Departments responsibility. June 2010-February 2013: Chief Engineering Coordinator with the City of Springdale. While reporting to the Director of Planning and Community Development, I was responsible for managing a team of engineers and inspectors dealing with multiple issues that anse within a municipality of approximately 70,000 citizens. This position included management and oversight of portions of the Capital Improvement Program(CIP) including street and drainage projects, drainage complaints/concerns submitted by citizens, development review and approval.floodplain management and MS4 Permit Requirements.All street and drainage projects included procurement of professional services. review and approval of plans and specifications to ensure compliance with City requirements. coordination of the advertisement and bidding activities to ensure compliance with state law and construction administration during the construction process. January 2007-May 2010: Department Leader with CEI Engineering Associates. Inc. Responsible for managing a team of up to 15 individuals developing commercial retail sites. These responsibilities included mentonng project managers in the same duties listed below to aide in the completion of projects. This also included the added responsibility of being the engineer of record on most of the projects within my team. Along with advising project managers on all levels of the vanous projects. daily activities included the mentonng team members, review of storm water pollution prevention plans produced by CEI and other consultants for various projects nationwide for compliance. review of drainage studies including flood studies, review project plans,teaching in-house seminars regarding various technical and non-technical aspects of engineering associated with our projects, consulting with other department and team members regarding challenging aspects of their projects and dealing with the client daily to ensure compliance with their expectations and requirements. September 2002-December 2006: Project Manager with CEI Engineering Associates. Inc. Responsible for managing a team of 3 engineers/designers developing commercial retail sites. These responsibilities included performing site feasibility studies, building project schedules utilizing Microsoft Project, monitoring project schedules in order to ensure deadlines are met. developing project budgets, monitoring project budgets during the course of the project reviewing plans. reviewing and developing specifications. 26 Attachment ii. Staff Resumes reviewing shop drawing submittals from contractor,reviewing and responding to requests for information during construction.performing periodic site visits,performing punchlists after substantial completion of construction and interacting with the client in order to meet their expectations. Duties also included working closely with various permitting agencies from local to federal in order to obtain the proper approvals to construct each project. January 2001-August 2002: Project Engineer with CEI Engineering Associates. Inc. Responsible for all aspects of commercial site development beginning with a conceptual site plan and ending with completion of construction. These responsibilities also included producing site development plans. specifications. hydrologic and hydraulic studies including flood studies, aiding in obtaining all pertinent site permits and answering requests for information submitted by contractors during construction. Daily duties included utilizing Pond Pak to produce drainage studies for each project, utilizing HEC RAS to produce flood studies for projects as needed. utilizing AutoCAD to produce project plans, utilizing Microsoft Word to develop reports for the various studies and utilizing Microsoft Excel to develop opinions of probable cost/cost estimates for the projects. Projects Municipal Projects Wagon Wheel Road Improvements Elm Spnngs Road Phase II Improvements Don Tyson Parkway Interchange Johnson Road Improvements Vanous Trail Projects Vanous Drainage Projects 2012 Bond Program: Street Projects, Park Projects and Fire Station Projects Don Tyson Parkway Extension and Widening 56°-Street Extension and Widening Relocation of Fires Station#2 and#3 and design of new Station#7 Design of the Southeast and Northwest Park Projects Commercial Land Development Wal-Mart Supercenters in Republic. MO. Nevada. MO; Pineville, MO; Marshall, MO; Cassville. MO. Omaha. NE; Williston. ND: Coffeyville, KS Wal-Mart Neighborhood Market in Bentonville. AR Wal-Mart conceptuals in various cities including Moscow. Russia Sam's Club Expansions in Fort Smith. AR and Cedar Rapids. IA Wal-Mart Garden Center Expansions in Springdale. .AR; Fayetteville,AR and Riverdale. UT Wal-Mart parking area expansion in Rogers. AR;.Atoka. OK Hope.AR Wal-Mart Pavement Evaluations in various cities/states Family Dollar Stores in various cities/states Small shopping centers in Knoxville, IA and Carlsbad. NM Certification/Organizations Registered Professional Engineer in the states of Arkansas. Missouri and Kansas Member of ASPE and NSPE Past President of NW Chapter of ASPE Past President of State Chapter of ASPE Computer Skills Microsoft Office Programs including Word, Excel and Project. AutoCAD, Civil 3D, HEC-RAS. Pond Pak and Hyrdraflow 27 Attachment ii. Staff Resumes Resume: Sandi J. Formica Watershed Conservation Isis Formica is the co-founder and executive director of the Watershed Resource Center Conservation Resource Center. She has a proven administrative ability in the development. implementation and nia agement of environmental Executive Director programs: supervision and evaluation of professional staff: grant development. wilting and budgeting: and establishment of working Years of Experience relationships with a variety of government agencies.industries and the Thirty-Eght public. Demonstrated technical expertise of the watershed management Education approach: sediment and nutrient watershed assessment: nonpoint and point M S..1984.Chemical Engineering. source pollution development. execution and management of special University of Arkansas.Fayetteville.AR environmental projects: data evaluation and interpretation animal-waste B S 1982 with Hones.cnemica mnanagemient system design and BMPs: identification of effective best Engineering. University of Arkansas management practices:water quality monitoring: pollution prevention: and Fayetteville AR environmental chemical processes Regional expert in stream restoration Special Recognition and assessment: environmental model development and assessment: TMDL Partnersh.p for Environmental Excellence Av.and EPA Region VI;P-oiect Manager S, development and implementation chemical analysis: environmental Co-Pnnople Investigator for 319 Pro€ects regulations:NPDES and state permitting: and technical report writing. Ms. cono;;cted'n Buffalo River watershed; Formica has special skills of effectively communicating Recipient of the 2010 Ginger'atom Award'or conserscientific engineering data and natural environmental processes to non- Arkansas anon t e d Adieement crypre d by the Arkansas Watershed Advisory Group technical people and coordinating stakeholders to resolve environmental Synergistic Activities issues. She has created the Mid-South Watershed Training Prograni.which 2000_,00, chair Arkansas'Watershed has been providing training courses instnunental to watershed management Advisory Group(AWAG I:Initiated and help to environmental professional throughout the country since 2005 working grelopedoup up mtt assists watershed Instrumental in implementing the watershed approach in Arkansas by partnerships r Arkansas working directly with local communities and natural resource agencies- 2002 and 2004:co-chair and chair AWAG Principal Investigator on several applied research projects including Watershed Conference:Developed organized.and cameo-out two state watershed assessments which include data inventories.pollutant load watersheo conferences which'oc sec on estimates. source identification and prioritization_ development of potentialvironmenta Ira rig and educator' solutions. and watershed monitoring: evaluation of waste management October 2004;Arkansas Geomorphology Assessment Group:Initiated the rorming of systems and BMP implementation in protecting water. soil. and air quality: this group of proressronas to encourage and development of local. volunteer-based programs which share resources n n Ark a assessment techniques and proojeectscts ansas to provide improved manure handling and utilization to minimize impact to 1992—2008 ;nstr cior presenter.& environment and costs to farmers. coord nator,Environmental Outreach: Throughout Arkansas has developed DETAILED EXPERIENCE presentatons and tranmg materials along with coot mat rig meetings&train rig on watershed Executive Director(December 2004 to Present),Watershed C onse nation maragerrent.9MPs.and assessment r Resource Center(WCRC).Little Rock.AR. Oversee and manages newly Employment History formed environmental non-profit organization. Responsible for project Watershed Conservator Resource Center, December 2004 to present.Arkansas design: grant writing: developing budgets: providing technical assistance: Department of Environmental Quality,1992 to and carrying-out watershed based projects. Current projects include a 2004 FTN Associates.LTD. 1989 to 1992 regional watershed education program for environmental professionals: Aluminum Company of America. 19$9 St Catherine's Indian School 1986 to 1988 unpaved road survey and sediment evaluation: stream bank erosion Badisctte cdrodraoon, 1984 to 19$f evaluation and prioritization: stream restoration design and implementation: University of Arkansas,Chemical Engm --mg and watershed sediment source and load estimate evaluation. Departrnent,1981 to 1984 Stream Restoration-Statement of Qualifications �8 Attachment ii. Staff Resumes Resume: Sandi J. Formica Select Publications: Environmental Preservation Division Chief(May 2001 to December 2004).Arkansas Department of Environmental Quality,Little Rock,AR. S.J.Formica,MA Van Eps.M.A Neison, Managed non-regulatory,technically based Division of 11 to with A.S.Caller,Te mems,J.M.Bove.toy an `�- employees watershed-Sediment Source Inventory and an annual budget of$1 million The Division consisted of three sections. Evaluation'Proceedings-ASAE Conference Environmental Projects, Environmental Outreach,and Pr Wetlands,"Self-Sustaining Watersheds s: held Sep. Program wetlands,and watersheds'held September Development. Programs and projects from these sections include applied 12-15,2004,St Paul.MN. research on effectiveness of best management practices at confined animal MA.Van Eps,S.J.Formica.T.L.Moms. operations;watershed assessments whichinclude evaluations ofstream J M.Beck.A.S.Cotter 'Using a Bank �a Erosion Hazard Index(BEHI)to Estimate stability development and implementation of watershed approach which Annual Sediment Loads from Streambank Erosion in the West Fork White River includes providing both planning and technical assistance to watershed Watershed.'Proceedings from ASAE groups;providing water quality training to both high school teachers and Conference"Self-Sustaining Solutions for students statewide:and the development of an apollutionprevention Streams, r 12-15.20 and Watersheds,'held Opmen agency September 12-15,2004,St.Paul.MN. program All programs and projects emphasize implementation,education, Brye,K.R.,T.L Morris,D.M.Miller,S.J. and awareness.Over 9000 public contacts were made in 2002 from Formica,MA Van Eps Exp200osed Stoney Division technical transfer workshops.information meetings. Alluvium Using a Modified Excavation presentations,poster sessions.organizational meetings.and public Method'Journal of Environmental Quality outreach events. Formica.S.J.:Giese,J.;Kresse,T.M.. Mons.T.:and Van Eps,MA.2001."Using Program Support Manager(January 1999 to April 2001),Arkansas Data.Cammurrcabon,and Education to Improve Swine Waste Management n the Department of Environmental Quality,Little Rock.AR,Section Manager. Buffalo R ver watershed.'Published in the Watershed and Technical Support Section(RTSS),Environmental Proceedings-2nd National Conference formation& Preservation Division. Responsible for the development,management,and Educaation Programs MSource ay115n 7 Chicago,IL. administration of the WTSS program to 1)provided technical expertise Formica,S.J..Anderson,W.M.:Van Eps, and planning through proactive environmental projects that investigate M A.;Moms.T;and Srivastava,Puneet 2001 A Community Approach to Handling both the environmental and economic benefits of potential solutions and 2) and Utilizing Dairy Manure n the Buffalo developed and implement state watershed strategies which focus on River Watershed"Proceeding of the Natural Resource.Agriculture.and Engineenng voluntary participation, local stakeholder involvement and identifying Service."Dairy Manure Systems:Equipment viable solutions. Coordinated,supervised and evaluated the WTSS and Technology"Mar 20-2`,Rochester,NV professional staff of five engineers and scientists. Secured finding for Formica.S.J. Giese,J;Kresse,T M. Moms T.;Van Eps.MA;and Anderson. special projects including approximately two million dollars of w.M.2001 -Buffalo National River environmental grant to improve and protect the states natural resources. Watershed Partnerships to Section Swine9 � Waste Managuxnent'EPASection319 Arkansas Department of Pollution Control&Ecology.Little Rock,AR. Success Stones,Vol 3. Srivastava,Puneet Formica.S.J;and Van • Engineer II and Project Manager(Nov-1994-Dec 1998).Environmental Eps,M A 2001.'A Watershed Approach to Preservation Division Assess the West Fork of the White River' Abstract published in the proceedings of • Inspection Engineer II(Feb 1992-Sep 1994),Water Division Arkansas Water Resource Center,"TMDL and Related Water Quality Issues Chemical Engineer(July 1989 to February 1992),FTN Associates.LTD.. Conference"held April 3-4,Fayetteville.AR Little Rock.AR Pote,D.H.,Reed.B.A.;Daniel.T.0;Nichols D.J.;Moore.P.A.,Jr..Edwards D R.;and Formica.S.J.2001 Water-Quality Effects of Chemical Engineer(JanuarT 1989 to June 1989).Aluminum Company of Infiltration Rate and Manure Appication Rate America.Bauxite.AFL for Soils Receiving Seine Manure.'Journal of Soil and Water Conservation,V .58,Not. Secondary Mathematics and Science Teacher st 1986 to May 1988 , van Eps, MA; Formica, . .K (August ) T.M.,Czamamski,A;Morns,ST;J_VanScharesse. k St.Catherine's Indian School,Santa Fe,NM. E..Giese,J.1998 Survey of Arkansas Swine Liquid Waste Systems.'Proceedings Chemical Engineer(May 1984 to August 1985).Badische Corporation, from international Conference on Agncuttural Engineering"held in Oslo.Norway Paper No. Freeport.TX ?5-E-017 Formica,S.J..J.A.Baron,L.T.Thibodeaux Research and Departmental Assistant(August 1981 to April 1984), and LT Valsaraj 1888.PCB Transport into Chemical Engineering Department,University of Arkansas,Fayetteville, I Lake Conceptual ScienModelce and AR, Tech,Vol 22,No 12.P 1435. Stream Restoration—Statement of Qualifications 29 Attachment ii. Staff Resumes Resume: Matthew A. Van Eps, PE Watershed Conservation Matthew Van Eps. PE. is the associate director and co-founder of the Resource Center Watershed Conservation Resource Center. Mr. Van Eps has a diverse i Associate Director and unique work experience history that has facilitated the development of specialized watershed assessment. conservation and restoration skills_ PE License s: f o661 He is the project engineer for several stream restoration designs and Years of Experience implementation projects in Arkansas. His background has served to develop his understanding of the physical. chemical. biological_ and Twenty-F've anthropogenic processes affecting watershed resources. He has been a Education project engineer on numerous watershed assessment projects in both Un vers,ty o`Arkansas-Fayetteville Arkansas Master of Eng neenng Degree in Environmental rural and urban settings. He was also the project engineer for several Engineering December 1998 projects that evaluated the implementation of BMPs to reduce the impact ! virginia Paytechno insttute and State of confined animal operation on water quality in Arkansas.Mr. Van Eps University-Blacksburg Vrginia Bachelor ce Science Degree n Chemicae has a broad background in watershed management and has expertise in Eng neenng May'993 many aspects of the field including assessment. regulator-issues. stream Professional Training stability analysts. stream restoration design practices_ integration of C+ Rosgen s tN ieland Hydroogy Courses stakeholder involvement_nutrient management.non-point source -Awned Fluvial Georrorphoogy -River Morphology&Applicatons pollution: and BNIP identification and implementation -River Assessment&Mor•iormg -River Restoration&Natura+Channel Design Associate Director(December 2004 to Present).Watershed Conservation Resource C enter(«,CRC),Little Rock.AR Special Recognition Provides technical. engineering. and project design expertise for Earners EPA <egio for Environmental Excellence Award n VI recomni7ed environmental nonprofit organization Stream restoration design development and implementation project engineer- Responsible Employment History Watershed Conservation Resource Center 2004 for all GIS applications: restoration design: and field data collection. -present Assists with budgeting: grant development: and project development. Arkansas Department of Environmental Quality 1897-2004 Challenge Environmental Laboratories'ge7 Engineer PE.Environmental Projects Section Manager.AR Dept.of U^versdy of Arkansas Civil Engineering Environmental Quality-September 1997-December 2004.West Fork Department 1994 to 1998 White River Watershed Assessment. Synergistic Activities Project engineer for a watershed assessment of the West Fork White Member of Green Infrastructure Env ronrrental River in Northwest Arkansas. Surveyed the West Fork White River Subcommittee for Fayetteville Green (\\F«R)and tributaries evaluating the erosion potential of stream banks Infrastructure Protect 2009 using a Bank Erosion Hazard Index. Developed and implemented a Guest Lecturer for Ecological Engineer rig progressive and efficient data collection and presentation process course at the University o`Arkansas 200d utih7tng a GIS interface and hand-held computing technology. Selected Guest Lecturer for Environmental Soil and Water suitable locations for the installation of permanent cross-section 200�a course at the Un,versty of Arkansas locations to assist in evaluating stream stability of the WF'VR Presented Stream Morphology concepts to Performed computations and analysis of geomorphology data collected attendees of the Region 8 M34 annual meetng for the«Ft R assessment. Collected data to develop a bank erosion in 2007 sediment delivery model. Reviewed Quality Assurance Project Plans Selected Publications: (QAPP)to be submitted to the EPA addressing stormwater and M.A.Van Eps,S.J.Fonr ca T L.Moms,J M. biological sampling methods in the watershed. Beck.A S Cotter.'Using a Bank Erosor Nazaro ndex(BEHlyto EstimateA.nual Segment Loads tom Streambank Eroson r'the Urban Watershed Assessment. West Fork White River Watershed.'Proceedings frPrincipal investigator for assessing the condition of the Rock Creek So a ASAEs f conference"Self-Sustaining and rig Sdutrons for Streams Wetlands,and watershed in Little Rock. Arkansas. Developed project proposal_ work Watersheds•held September 12-15.2004.St Paul,MN. Natural Resources—Statement of Qualifications 30 Attachment ii. Staff Resumes Resume: Matthew A. Van Eps, PE plan.budget. and EPA approved QAPP documentation for urban Watershed Conservation watershed assessment. Supervised and coordinated the collection and Resource Center analysis of data including; land use.impervious surface analysis_and delineation of watershed and sub-watershed boundaries utilizing GIS: Associate Director utilization of visual watershed assessment methods and handheld PC GIS interface for rapid assessment and prioritization;evaluation of historical Selected Publications: flow data to determine changes in local hydrology. development of a S.J.Formica,MA Van Eps,MA.Nelson.AS. flow weighted storm water quality sampling program:and collected and RCotter.T.L.Moms.J.M.Beds.west Fork White evaluated fluvial geomorphology data to determine stream stability and w 'ee-sceedenc Source lmrentory Proceedngs from ASAE restoration potential. Conference"Self-Sustaining Solutions for Streams.Wetlands,and Watersheds,'held September 12-15,2004,St.Paul.MN. Fluvial Geomorphology Data Collection and Evaluation. Collected and analyzed fluvialgeomorphology data to establish Frye.K.R.,T.L.Van Morns.D.M.Mines,S.J. n Formica.MA Eps.2004.'Estimating Bulk relationships between watershed area and stream channel geometry for Density i Vertically Exposed Stoney�� the Boston Mountain h io hic region. Obtained and evaluated Using a Environmental Q ahtyExca In Preonss_ Method.'Journal of P }� �� � Envaommerital Quality. Prnss historical USGS gage station records to determine flood return frequency as well asgage height and channel geometryrelationships.Collected Formica,S.J.:Giese,J;Kisses TM.:Moms, � T.:and Van Eps.MA 2001 'Using Data. stream bank erosion data to develop relationship between stream bank Communication.and Education to Improve erosion variables and erosion rates. Performed a bank erosion survey for p/,l mth the °R dieterhe the City of Rogers.Arkansas for 15 miles of Osage Creek and headwater 2nd National Conference.Nonpoint Source Polltributaries. Provided comment.critical review and technical assistance held Mayi Informationhia Education Proga<ns," on proposed stream bank stabilization projects to increase success and held 15-17.Chicago.IL. Formica.S.J.:Anderson.W.M.;Van Eps.MA; reduce costs. Morris,T;and Srivastava.Puneet.2001.'A Received over 200 hours of fluvial geomorphology training from Dave Community Approach to Handing and Utilizing Rosgen_P.H..Ph.D.Assisted Dr.Rosgen during training courses "nein thehe Buff�O River Warr Pubished proceebr�s d the Natural conducted in Northwest Arkansas.including selection of sites for Resource.Agriculture,and Engineering Service. students to observe geomorphologic process and providing assistance to ;Dairy ManuY log .r_hheld systems.Equipment and chester,NY. students performing assessments in the field. Provided field basedirio1oB Mardi 20 22,Ro instruction of basic fluvial geomorphology concepts to attendees of the Formica.S.J.:Giese,andJ.:Kresse,T.M.:Mans, g � gy eP T.:Van Eps.MA: Anderson.W.M.2001. 1st Arkansas Watershed Advisory Group Conference in October 2002. Buffalo National River Watershed:Partnerships He is an instructor for the Basic Field Techniques to Determine Stream a irsU S E A�;ePAIin 319 S Tobe Morphology training course presented by the WCRC Mid-South Stones.Volume 3. Watershed Training Program. Srivastava.Puneet Formica,S.J.;and Van Eps. M.A.2001.'A Watershed Approach to Assess the West Fork of the White River.'Published in the proceedings of the Arkansas Water Resource Center,"TMDL and Related Water Quality Issues Conference'held April 3-4. Fayetteville.AR. Natural Resources—Statement of Qualifications 31 Attachment iii. Letters of Commitment ;LLINOIs May 17,2019 To EPA Region 6: The Board of Directors of the Illinois River Watershed Partnership(IRWP)fully supports the City of Fayetteville and Watershed Conservation Resource Center's(WCRC)grant proposal for a streambank erosion assessment and restoration within the Clear Creek subwatershed of the Illinois River Watershed (IRW). IRWP's mission is to improve the integrity of the IRW through education and outreach,water quality monitoring,and the implementation of conservation and restoration projects.We seek to identify and implement environmentally viable and economically feasible conservation and restoration projects in the watershed;to cooperate with the scientific community to identify water quality impacts,causes,and sources;and to increase public awareness of the Illinois River and natural resources across the Northwest Arkansas region. IRWP considers Clear Creek a high priority subwatershed due to high rates of sediment and nutrient loading relative to other IRW subwatersheds,as well as 303d impairment We have recently focused several programs on the tributary,to include water quality monitoring,ecological assessment, landowner outreach and education programs,and riparian reforestation efforts.It is also one of the most rapidly urbanizing subwatersheds and it is imperative to protect and restore these urban, upstream tributaries to mitigate downstream impacts to water quality,fisheries,and species of conservation concern. To demonstrate our dedication,IRWP will financially support this project up to$30,000,depending on the acreage of restored area,as part of our Riparian Restoration Program.The goal for the Program is to reforest riparian areas,improve wetlands,and increase the quantity of native prairie ecology across the IRW.If funded and successfully implemented,this project will be a great example of collaboration among city,foundation,state,non-profit,and federal partners. Thank you for your consideration and support of this significant steam and ecological restoration project. Sincerely, iiC41641 Nicole Hardiman,Ph.D. Executive Director Illinois River Watershed Partnership Post Office Box 205 Cave Springs,AR 72718 Email:director@lirwp.org 32 - 1 Attachment iii. Letters of Commitment L THE DEPARTMENT o ARKANSAS H ERITAGE May l''2019 Asa t fut.lunsun t:.rtvrmer To Environmental Protection Agency.Region 6: Sea.. I1ur,t I he Arkansas Natural heritage Commission(ANTI(')fully supports the City 1)trri n,r of Fayetteville and the Watershed Conservation Resource Center(WCRC)'s grant proposal 'I)enumstration of Stream Restoration in the Illinois River Watershed.' I heir holistic approach to stream and natural features restoration in which natural channel design techniques are integrated with long-term Arkansas.Artsc'oun.il native vegetation establishment is important to demonstrate and promote high- quality restoration of natural resources. I he workshops that are proposed in this grant are needed to train other env ironmental professionals on this Arkansas Itistoru restoration approach.This project also supports our efforts to promote Presenation Program restoration in urban environments that create corridors of habitat for wildlife • within urban areas. • Atka Natural tI.•ritap'Commission The ANHC will also provide technical expertise to help develop the vegetation monitoring,plant species identification,native plant selection,and \rkatnKtitat. Archives sourcing of native plants for restoration.Contribution of our staffs time on this project will amount to S400.00 in-kind matching funds.The W('R('has provided their data to ANI-IC from previous work on native plants and EA•Ita Cultural Center identification of natural features,and we will include any rare species data • collected through this project in our statewide database for tracking species of tltstont Arkansas Mi,wum conservation concern.Such data from past WCRC projects hase been • incorporated into our database,and the natural features data have been used to identity new sites for aquatic species of conservation concern,such as the 5ln'.u. trmpler+Cultu.al(rntrt Arkansas Darter(Ftht' sionta cruuini)and least I)ener(E. mieru)s''c :). We look tirrward to acquiring new data from the proposed project. Ol.l~toot.•I1.•uu•\tu'.•um 'Me activities proposed by the('its and the WCR('as part of the proposed project complement our agency's conservation work and will help to improve and protect natural resources and water quality in the Illinois River watershed. thank you for your consideration of this significant restoration project. brlll•�i�1Fi Sinccrt:l\. evia ' ►u�t North;t,rvt Hill Holim..n Link Rock,AR 72201 I)iructt.r (sou 12s-9(+1e BiII.Nolimon_ arkansas.gov tax:0011124-%1 ti 7;0I 12.197h 1 utfoerk tur.th rttage cum www.nat u ra Iher►tage.c our An Fyual t/t.portnmt I.mphn.•r 33 ti FA,E... O fly'. ,'E! I it,1 \'YI 4x ri° j, 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 1/4/19 File Number: 2018-0723 Ordinance: 6141 FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines an exceptional situation exists in which competitive bidding is deemed not feasible or practical and therefore waives the requirements of formal competitive bidding and approves a Memorandum of Understanding between the City of Fayetteville, Arkansas and Watershed Conservation Resource Center to establish a general framework for cooperation to seek funding and conduct stream restoration projects and to work together on nonpoint source related issues for the next five years. PASSED and APPROVED on 1/3/2019 Approved:/ Attest: 1 , / Lc/AA & iCl�t�C G C/mot. L eld ord. ayor Sondra E. Smith,City Clerk Treasurer Page 2 Printed on 1/4/19 City of Fayetteville, Arkansas 113 West Mountain Street ✓,. Fayetteville,AR 72701 � (479)575-8323 Text File File Number: 2018-0723 Agenda Date: 1/3/2019 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 3 WATERSHED CONSERVATION RESOURCE CENTER MOU: AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVE A MEMORANDUM OF UNDERSTANDING WITH THE WATERSHED CONSERVATION RESOURCE CENTER FOR A TERM OF FIVE YEARS TO ESTABLISH A GENERAL FRAMEWORK OF COOPERATION TO SEEK FUNDING, CONDUCT STREAM RESTORATION PROJECTS AND TO WORK TOGETHER ON NONPOINT SOURCE RELATED ISSUES WHEREAS, the Watershed Conservation Resource Center is a nonprofit organization with regional experts that strive to protect, conserve and restore natural resources by utilizing the watershed approach, environmental outreach,and providing planning and technical assistance to landowners,communities,and government;and WHEREAS, the City has successfully partnered with the Watershed Conservation Resource Center in the past to receive approximately $3,100,000.00 in federal grants for stream restoration and the Watershed Conservation Resource Center has been instrumental in securing these grant funds due to its relationship with federal grant agencies and a proven track record of successful stream restoration projects; and WHEREAS, the purpose of the Memorandum of Understanding is to establish a general framework for cooperation between the Watershed Conservation Resource Center and the City to seek funding and conduct stream restoration projects to achieve the common goal of restoring unstable sections of streams to a morphologically stable form utilizing a natural channel design approach and to work together on nonpoint source related issues associated with reducing nutrients and improving riparian and other natural areas. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section I: That the City Council of the City of Fayetteville, Arkansas hereby determines an exceptional situation exists in which competitive bidding is deemed not feasible or practical and therefore waives the requirements of formal competitive bidding and approves a Memorandum of Understanding between the City of Fayetteville, Arkansas and Watershed Conservation Resource Center to establish a general framework for cooperation to seek funding and conduct stream restoration projects and to work together on nonpoint source related issues for the next five years. City of Fayet.tevllle,Arkansas Page 1 Printed on 1/4/2019 City of Fayetteville Staff Review Form 2018-0723 Legistar File ID 1/3/2019 City Council Meeting Date-Agenda Item Only N/A for Non-Agenda Item Chris Brown 12/12/2018 ENGINEERING (621) Submitted By Submitted Date Division/Department Action Recommendation: Approval to waive competitive bidding and renew a Memorandum of Understanding (MOU)with the Watershed Conservation Resource Center(WCRC)outlining a general framework for cooperation to seek funding and conduct stream restoration projects and other nonpoint source pollution related issues. Budget Impact: 4470.621.8810-5817.00 Sales Tax Capital Improvement Account Number Fund 02097.1 Stormwater Quality Management Project Number Project Title Budgeted Item? Yes Current Budget $ 95,528.00 Funds Obligated $ 200.00 Current Balance 95,328.00 Does item have a cost? No Item Cost $ - Budget Adjustment Attached? NA Budget Adjustment $ - Remaining Budget 95,328.00 , V20180321 Purchase Order Number: Previous Ordinance or Resolution# 5645 Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE CITY COUNCIL MEMO ARKANSAS MEETING OF JANUARY 3, 2019 TO: Mayor and City Council THRU: Don Marr, Chief of Staff Garner Stoll, Development Services Director Chris Brown, City Engineer FROM: Alan Pugh, Staff Engineer DATE: December 12, 2018 SUBJECT: Approval to waive competitive bidding and renew a Memorandum of Understanding (MOU) with the Watershed Conservation Resource Center (WCRC) outlining a general framework for cooperation to seek funding and conduct stream restoration projects and other nonpoint source pollution related issues. RECOMMENDATION: Staff recommends approval to waive competitive bidding and renew a Memorandum of Understanding (MOU) with the Watershed Conservation Resource Center(WCRC) outlining a general framework for cooperation to seek funding and conduct stream restoration projects and additional nonpoint source pollution related issues. BACKGROUND: In January of 2014 the City Council approved ordinance 5645 which waived competitive bidding and approved the current MOU. This partnership has proven successful for many years as described further below. DISCUSSION: The WCRC is a nonprofit organization that strives to protect, conserve, and restore natural resources by utilizing the watershed approach, environmental outreach, and providing planning and technical assistance to landowners, communities, and government. The WCRC principals are regional experts and local leaders in implementing natural channel design-based stream restorations that meet multiple local and regional objectives relating to river channel instability, water quality, ecological services and green infrastructure. The WCRC and the City have successfully partnered on multiple projects throughout this partnership. These projects have brought over $3,100,000 to the City for water quality and other environmental improvements and have helped to create local partnerships and outreach opportunities in the areas of river restoration, riparian enhancement, and watershed planning. Seven stream and streambank restoration projects have been implemented that have resulted in over 11,900 tons of sediment and 8,500 lbs of total phosphorus reductions, annually from Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 streambank erosion, restored both aquatic and terrestrial habitat, protected City infrastructure, and improved aesthetics of City Parks and other properties WCRC has been instrumental in securing these grant funds due to their relationships with Federal grant agencies and their proven track record of successful stream restoration projects. This MOU will establish a continued partnership between the City and WCRC whereby the WCRC will actively seek grant funding for stream restoration projects in the City of Fayetteville and will allow the City the opportunity to quickly take advantage of opportunities identified. The MOU is effective for a period of five years. BUDGET/STAFF IMPACT: The proposed agreement has no budgetary impact. As tasks are identified, the "task order" with associated fee will be approved through the appropriate channels up to and including approval by the Mayor and City Council. Attachments: Ordinance 5645 Updated Memorandum of Understanding (MOU) 2 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. STATEMiENI'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, ecological services, and green infrastructure. 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 Y q 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. theCITY OF FAYETTEVILLE partnered and have obtained several grants for The WCRC and restoring streams within the City and surrounding areas and for assessing streams for stability r u brought over 3 10 000 to the Cityfor water and contaminant reduction. These projects have b o g $ 0, quality and other environmental improvements and have helped to create local partnerships and outreach opportunities in the areas of river restoration, riparian enhancement, and watershed planning. Seven stream and streambank restoration projects have been implemented that have resulted in over 11,900 tons of sediment and 8,500 lbs of total phosphorus reductions, annually from streambank erosion, restored both aquatic and terrestrial habitat, protected City infrastructure, and improved aesthetics of City Parks and other properties. The WCRC currently has three active projects with the City and other partners to conduct more river restoration and assess urban streams and riparian areas to identify priority sites in need of restoration. In addition, the WCRC continues to monitor and maintain the four implemented stream restoration sites. C. FEES AND PAYMENTS • No fee is associated with this MOU. As projects are identified by the City, a Task Order establishing the scope, fee, and payment terms for the project will be developed. The basis of this fee and justification for the fee shall be contained in an Appendix attached to each Task Order. Adjustment of the fee may be made should WCRC establish and the CITY OF 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 mt source a pollution assessment projects. d. Vegetation establishment and management at City sponsored stream restoration projects. e. Assistance to the CITY OF FAYETTEVILLE 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 riot limited to, labor and • materials, is fifty thousand dollars ($50,000.00) or more, as required by Ark. Code Ann. 17-25-101, el seq. A copy of the license shall be provided to the City at the time WCRC submits its proposal for such a qualifying project. E. TIIE CITY OF FAYETTEVILLE: 1. Shall coordinate all activities within the City of Fayetteville Divisions and Departments and between the CITY OF FAYETTEVILLE and the WCRC. 2. Shall assist with project activities and tasks. 2 3. Shall provide review and input into the final restoration designs. 4. Shall oversee activities and coordinate staff needed for implementation of the restoration designs. 5. Shall provide documentation of all project activities and associated matching funds. 6. Recognizes that their participation in stream restoration and NPS projects acquired is an integral component in carrying out a successful project that will result in improved water quality and habitat restoration. 7. Shall accomplish other specific tasks as detailed in each Task Order. F. IT IS MUTUALLY AGREED AND UNDERSTOOD BY ALL PARTIES THAT: 1. FREFDOM OF INFORMATION ACT (FOIA). CITY OF FAYETTEVILLE contract and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the CITY OF FAYETTEVILLE, the WCRC will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19- 101 et. seq.) Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. Any information furnished to the WCRC under this instrument is subject to the Freedom of Information Act(5 U.S.C. 552). 2. MODIFICATION. Modifications within the scope of the instrument shall be made by mutual consent of the parties. Changes, modifications, or amendments in scope (other than as specifically established in this MOU), price or fees to this agreement shall not be allowed c amendment approved bythe Mayor and/or the CityCouncil in without a prior formal contract PP Y 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. COMMENCEMEN7'IEXPIRATlON DATE. The instrument is executed as of the date of the last signature and is effective for five years. 5. PRINCIPAL CONTACT. The principal contacts for this instrument are: Sandi Formica, Executive Director Watershed Conservation Resource Center 380 West Rock Street Fayetteville,AR 72701 Office Phone: 479-444-1916 Cell Phone: 501-352-5252 Office Fax: 928-396-2546 E-mail: Ibnnica@watershedconservation.org 3 Chris Brown, P.E., City Engineer Alan Pugh, Staff Engineer City of Fayetteville City of Fayetteville 113 W: Mountain Phone: 479-575-8206 Fayetteville, AR 72701 E-mail: apugh@fayetteville-ar.gov Ph one: 479-575-8206 Fax: 479-575-8202 E-mail: ebrown(u?l'ayettev ille-ar.gov 6. NONDISCRIMINATION. During the performance of this agreement, all parties will abide by the terms of Executive Order 11246 on nondiscrimination and will not discriminate against any person because of age, race,color, religion, sex, national origin, or disability. 414. . ---- Decal zo, ' Sandi J. Formieli, Executive Director Date Watershed Conservation Resource Center of o s/aoir L. net. Jordan • ay • Bate City of Faye vill• /2-46e4 u& ui/ g/2D/9 Sondra E. Smith, City Clerk/Treasurer Date City of Fayetteville 4 ORDINANCE NO. 5645 AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVING A FIVE YEAR MEMORANDUM OF UNDERSTANDING WITH THE WATERSHED CONSERVATION RESOURCE CENTER TO JOINTLY SEEK FUNDING AND USE SUCH FUNDING TO DESIGN AND CONSTRUCT STREAM RESTORATION PROJECTS WHEREAS, the City of Fayetteville has long worked with the Watershed Conservation Resource Center (WCRC) and funded quality stream restoration projects successfully completed by the Center; and WHEREAS, the provisions of the attached Memorandum of Understanding meet the City of Fayetteville's need for continuing stream restoration projects at little or no cost to the City; and WHEREAS, the Watershed Conservation Resource Center can efficiently and effectively provide this service at a significant savings to the citizens of Fayetteville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section I: That the City Council of the City of Fayetteville, Arkansas hereby determines an exceptional situation exists in which competitive bidding is deemed not feasible or practical and therefore waives the requirements of formal competitive bidding and approves a Memorandum of Understanding (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 proj� tNttntt►►,,j� authorizes Mayor Jordan to sign such Memorandum. ``�:��RK/ Tr•.1 ,. `���;• G\Z Y p,,, •s, ...Pt'. . PASSED and APPROVED this 7th day of January, 2014. _6• _ FAYETI TVILLE••• _ APPROVED: ATTEST: ��s•9�'kgNs �\•.�� • By• t� y,-r `r By: 7- cah-d:c-et- 7���� LI E D J( D I , Mayor SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT 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 Ieaders 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 1 infrastructure, and improved aesthetics of City Parks and other properties. The WCRC currently has three active projects with the City and other partners to conduct more river restoration and assess urban streams and riparian areas to identify priority sites in need of restoration. In addition, the WCRC continues to monitor and maintain the four implemented stream restoration sites. C. FEES AND PAYMENTS No fee is associated with this MOU. As projects are identified by the City, a Task Order establishing the scope, fee, and payment terms for the project will be developed. The basis of this fee and justification for the fee shall be contained in an Appendix attached to each Task Order. Adjustment of the fee may be made should WCRC establish and the CITY OF FAYETTEVILLE agree that there has been, or is to be, a significant change in scope, complexity or character of the services to be performed; or if the CITY OF FAYETTEVILLE decides to shorten the duration of work from the time period specified in the Agreement for completion of work and such modification warrants such adjustment. In consideration of the above premises,the parties agree as follows: D. THE WCRC: 1. Shall seek funding opportunities for stream restoration projects and other projects related to reduction of non-point source pollution. 2. Upon approval of specific Task Orders by the Mayor or City Council, as required by the City's procurement requirements, shall provide the services detailed in each Task Order. Said tasks may include: a. Identification of stream reaches that could benefit from stream restoration and prioritize, in streams within the City limits. b. Estimation of phosphorous reduction that would be realized for each priority stream restoration project. c. Assistance in developing grant applications for identified stream restorations and other non-point source pollution assessment projects. d. Assistance to the CITY OF FAYETTEVILLE in addressing other NPS related issues. 3. Shall accomplish other specific tasks as detailed in each Task Order E. THE CITY OF FAYETTEVILLE: 1. Shall coordinate all activities within the City of Fayetteville Divisions and Departments and between the CITY OF FAYETTEVILLE and the WCRC. 2. Shall assist with project activities and tasks. 3. Shall provide review and input into the final restoration designs. 4. Shall oversee activities and coordinate staff needed for implementation of the restoration designs. 5. Shall provide documentation of all project activities and associated matching funds. 6. Recognizes that their participation in stream restoration and NPS projects acquired is an integral component in carrying out a successful project that will result in improved water quality and habitat restoration. 7. Shall accomplish other specific tasks as detailed in each Task Order. 2 F. IT IS MUTUALLY AGREED AND UNDERSTOOD BY ALL PARTIES THAT: 1. FREEDOM OF INFORMATION ACT (FOIA). CITY OF FAYETTEVILLE contract and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the CITY OF FAYETTEVILLE, the WCRC will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19- 101 et. seq.) Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. Any information furnished to the WCRC under this instrument is subject to the Freedom of Information Act(5 U.S.C. 552). 2. MODIFICATION. Modifications within the scope of the instrument shall be made by mutual consent of the parties. Changes, modifications, or amendments in scope (other than as specifically established in this MOU), price or fees to this agreement shall not be allowed without a prior formal contract amendment approved by the Mayor and/or the City Council in advance of the change in scope, cost or fees. 3. PARTICIPATION IN SIMILAR ACTIVITIES. This instrument in no way restricts the WCRC or the CITY OF FAYETTEVILLE from participating in similar activities with other public or private agencies, organizations, and individuals. 4. COMMENCEMENT/EXPIRATION DATE. The instrument is executed as of the date of the last signature and is effective for five years. 5. PRINCIPAL CONTACT. The principal contacts for this instrument are: Sandi Formica, Executive Director Watershed Conservation Resource Center 380 West Rock Street Fayetteville, AR 72701 Office Phone: 479-444-1916 Cell Phone: 501-352-5252 Office Fax: 928-396-2546 E-mail: formica�water shedconservation.org Chris Brown, P.E., City Engineer City of Fayetteville 113 W. Mountain Fayetteville,AR 72701 Phone: 479-575-8206 Fax: 479-575-8202 E-mail: chrown,c ci.fayetteviIIe.ar.us Sarah Wrede, E.I., Staff Engineer City of Fayetteville Phone: 479-575-8206 E-mail: swredeiu?ci.fayetteville.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. s.f 12 Sandi J. Fo , xecutive Director ate Watershed Conservation Resource Center ioneld Jord . M or ate City of Fay ttev' e Sondra E. Smith, City Clerk/Treasurer Date City of Fayetteville :V,• r. FAYEREF!UE uril �'°�• 4 City of Fayetteville Item Review Form 2013-0244 Legistar File Number 1/7/2014 City Council Meeting Date-Agenda Item Only NIA for Non-Agenda Item Sarah Wrede Development Services Submitted By Department Action Required: 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 $0.00 n/a Cost of this request Category or Project Budget Program or Project Name n/a $0.00 n/a Account Number Funds Used to Date Program or Project Category n/a $0.00 n/a Project Number Remaining Balance Fund Name Budgeted Item? Budget Adjustment Attached? No V20130812 Previous Ordinance or Resolution# Original Contract Number: 6(\Nlj Comments: Alt (1- 17 - 13 •J , _ i 2--)5-160, g-Aloky You created this PDF f • an application that is not licensed to print to novaPDF printer(http:l/www.novapdf com) • "e l Ti THE CITY OF FAYETTEVILLE,ARKANSAS �l DEPARTMENT CORRESPONDENCE ARKANSAS www.accessfayetteville.org CITY COUNCIL AGENDA MEMO Council Meeting of January 7,2014 To: Mayor and City Council Thru: Don Man,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 IMPACT The proposed agreement will cause no budget impact. As tasks are identified,a Task Order,with associated fee,will be developed for approval by the Mayor and City Council. ORDINANCE NO. AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVING A FIVE YEAR MEMORANDUM OF UNDERSTANDING WITH THE WATERSHED CONSERVATION RESOURCE CENTER TO JOINTLY SEEK FUNDING AND USE SUCH FUNDING TO DESIGN AND CONSTRUCT STREAM RESTORATION PROJECTS WHEREAS, the City of Fayetteville has long worked with-the Watershed Conservation Resource Center (WCRC) and funded quality stream restoration projects successfully completed the Center; and WHEREAS, the provisions of the attached Memorandum of Understanding meet the City of Fayetteville's need for continuing stream restoration projects at little or no cost to the City; and WHEREAS, the Watershed Conservation Resource Center can efficiently and effectively provide this service at a significant savings to the citizens of Fayetteville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: 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 7th day of January, 2014. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer Tl Iiti NI()( \. . . , UI' ):\ 1. 1-".1-,A E '1 I. L`PL).A i i ;) V"I pc,iO`s: MEMORANDUM OF UNDERSTANDING Between Watershed Conservation Resource Center And City of Fayetteville This Memorandum of Un erstanding (MOU) is entered into and executed on the date indicated below the signature bloc16 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 es • hlish a general fran3ework for cooperation between the WCRC and the CITY OF FAYETTE ILLE to I) seek funding and conduct stream restoration projects to achieve the common gal of restoring unstable sections of streams to a morphologically stable form utilizing a I tural channel'design approach and 2) to work together on nonpoint source (NPS) related issue associated with reducing nutrients and improving riparian and other natural areas. Inno give approaches will be used in designing and implementing stream restorations that will rest•(It in improved water quality of the City's watersheds and will address severe streambat , erosion, while restoring aquatic and terrestrial habitat and maintaining a sustainable, natural h • ology. Such cooperation will serve the parties' mutual interest. B. STATEMENT OF MUTUAL INTER STS AND 'ENEFITS The WCRC is a nonprofit organization that strives to .rotect, conserve, and restore natural resources by utilizing the waters}1ed approach, cond ting environmental outreach, and providing planning and technical assistance to landowners, ,ommunities, and government. The WCRC principals are regional exierts and local leaders in im lementing natural channel design- based stream restorations that /meet multiple local and regional objectives relating to river channel instability, water guar y, ecological services, and green •nirastructure. This MOU is of benefit to the CITY OF F YETTE.VILLE because these act ities will help to meet the objectives of the City's N trient Reduction Plan and will lead t both aquatic and terrestrial habitat restoration, impr ved water quality in the form of both phosphorus and sediment reductions, reduced stret rtbank erosion, and improve aesthetics of loc streams and rivers. This effort will also help t promote the use of alternatives to traditional •hannel modifications in both urbanizing and r ral areas. The WCRC and tl CITY OF FAYETTEVILLE partnered and have obtained several grants for restoring streams within the City and surrounding areas and for assessing streams for stability and contaminan reduction. These projects have brought over $3,100,000 to the City for water quality and of cr environmental improvements and have helped to create local partnerships and outreach opprtunities 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 I THIS MOU WAS UPDATED PLEASE SEE UPDATED VERSION from streambank erosion, restored both aquatic and terrestrial habitat, protected City infrastructure, and improved aesthetics of City Parks and other properties. The WCRC currently has three active projects with the City and other partners to conduct more river restoration and assess urban streams and riparian areas to identify priority sites in need of restoration. In addition, the WCRC continues to monitor and maintain the four implemented str•:m restoration sites. C. FEES AND PAYMENTS No fee is associated with this MOU. As projects are identified by le City, a Task Order establishing the\scope, fee, and payment terms for the project will b• developed. The basis of this fee and justi •ation for the fee shall be contained in an App ndix attached to each Task Order. Adjustmen\of the fee may be made should WCRC establish and the CITY OF FAYETTEVILLE agke that there has been, or is to be, a signiti ant change in scope, complexity or character of the sei4ices to be performed; or if the CITY OF FAYETTEVILLE decides to shorten the duration of L rk from the time period specified n the Agreement for completion of work and such modificatio warrants such adjustment. In consideration of the above 'remises, the parties a�gre. as follows: D. THE WCRC: 1. Shall seek funding opp( utilities for s earn restoration projects and other projects related to reduction of non-.oint source .ollution. 2. Upon approval of specific Ta k Order: by the Mayor or City Council, as required by the City's procurement requireme s. s ill provide the services detailed in each Task Order. Said tasks may include: a. Identification of stre•. '• reaches that could benefit from stream restoration and prioritize, in str' ms within the City limits. b. Estimation of pho• horou reduction that would be realized for each priority stream restoratio project. c. Assistance in veloping gra t applications for identified stream restorations and other no point source pol Lion assessment projects. d. Vegetation :tablishment and in lagement at City sponsored stream restoration projects. e. Assistan e to the CITY OF FA 'ETTEVILLE in addressing other NPS related 'ssues. 3. Shall accomplish )ther specific tasks as detailed r' each Task Order E. THE CITY OF FA "ETTEVILLE: I. Shall coordir ite all activities within the City of Faye eville Divisions and Departments and between the CITY OF FAYETTEVILLE and the RC. 2. Shall assi. with project activities and tasks. 3. Shall prc ide review and input into the final restoration desn2ns. 4. Shall o ersee activities and coordinate staff needed for implementation of the restoration desig 5. Shal provide documentation of all project activities and associated matching fiends. THIS MOU W.." JPDATED PLEASE SEE UPDATED VERSION 6. Recognizes that their participation in stream restoration and NPS projects acquired is an integral component in carrying out a successful project that will result in improved water quality and habitat restoration. 7. Shall accomplish other specific tasks as detailed in each Task Order. F. IT IS MUTUALLY AGREED AND UNDERSTOOD BY ALL PARTIES THAT: I. FREEDOM OF INFORMATION ACT (FOIA). CITY OF FAYETTEVILLE contract and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the TY OF FAYETTEVILLE, the WCRC will do everything possible to provide the documents i a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A. .A. §25-19- 101 et. seq.) Only legally authorized photocopying costs pursuant to the FOIA •y be assessed for this compliance. Any information furnished to the WCRC under this instru, ent is subject to the Freedom of Information ct(5 U.S.C. 552). 2. MODIFICATION. Modificat ns within the scope of the instrument • all be made by mutual consent of the parties. Change modifications, or amendments n scope (other than as specifically established in this M ), price or fees to this agre, ent shall not be allowed without a prior formal contract amen ent approved by the Ma or and/or the City Council in advance of the change in scope, cost or es. 3. PARTICIPATION IN SIMILAR AC IVITIES. This nstrument in no way restricts the WCRC or the CITY OF FAYETTEVILLE. from partic'sating in similar activities with other public or private agencies, organizations, and i dividual . 4. COMMENCEMENT/EXPIRATION DATE. instrument is executed as of the date of the last signature and is effective for five years. 5. PRINCIPAL CONTACT. The principal c• tacts fo this instrument are: Sandi Formica, Executive Director Watershed Conservation Resourc enter 380 West Rock Street Fayetteville, AR 72701 Office Phone: 479-444-191 Cell Phone: 501-352-5';2 Office Fax: 928-396- 46 E-mail: formica a water. edconservation.or_ Chris Brown, P.E City Engineer Alan Pugh, Staff E !ineer City of Fayettev' le City of Fayetteville 113 W. Moun •in Phone: 479-575-8206 Fayetteville AR 72701 E-mail: a.0 7h atfavettevi -ar. Phone: 4 4-575-8206 Fax: 79-575-8202 E-mail cbrowncii fayettcviIle-ar.gov 3 THIS MOU vv AS UPDATED PLEASE SEE UPDATED VERSION 6. NONDISCRIMINATION. During the performance of this agreement, all parties will abide by the terms of Executive Order 11246 on nondiscrimination and will not discriminate against any person because of age, race, color, religion, sex, national origin, or disability. r S. F. la7/a ao/8 Sandi J. Formica Excel •� ye irectur Date Watershed ('(msehuatit n Rest tree Center , Lioneld Jordan, Mayor \ Date City of Fayetteville \\ / Sondra E. Smith, City Clerk/Treasurer Date City of Fayetteville / 4