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HomeMy WebLinkAbout130-22 RESOLUTIONti a'r¢r 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 130-22 File Number: 2022-0430 WATERSHED CONSERVATION RESOURCE CENTER TASK ORDER NO 9: A RESOLUTION TO APPROVE TASK ORDER NO. 9 WITH THE WATERSHED CONSERVATION RESOURCE CENTER IN THE AMOUNT OF $73,000.00 FOR CONTINUED NATIVE VEGETATION ESTABLISHMENT EFFORTS AND MINOR ADJUSTMENTS WITHIN COMPLETED RESTORATION PROJECT AREAS 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. 9 with the Watershed Conservation Resource Center in the amount of $73,000.00 for continued native vegetation establishment efforts and minor adjustments within the streams to ensure the continued success of completed restoration projects. PASSED and APPROVED on 6/7/2022 Page 1 Printed on 6/8/22 Resolution: 130-22 File Number: 2022-0430 Ap Lioneld Jor�, Mayor Attest: Page 2 Printed on 618122 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0430 Agenda Date: 6/7/2022 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Resolution Agenda Number: A.6 WATERSHED CONSERVATION RESOURCE CENTER TASK ORDER NO 9: A RESOLUTION TO APPROVE TASK ORDER NO. 9 WITH THE WATERSHED CONSERVATION RESOURCE CENTER IN THE AMOUNT OF $73,000.00 FOR CONTINUED NATIVE VEGETATION ESTABLISHMENT EFFORTS AND MINOR ADJUSTMENTS WITHIN COMPLETED RESTORATION PROJECT AREAS 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. 9 with the Watershed Conservation Resource Center in the amount of $73,000.00 for continued native vegetation establishment efforts and minor adjustments within the streams to ensure the continued success of completed restoration projects. City of Fayetteville, Arkansas Page 1 Printed on 61812022 City of Fayetteville Staff Review Form 2022-0430 Legistar File ID 6/7/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Chris Brown 5/11/2022 ENGINEERING (621) Submitted By Submitted Date Division / Department Action Recommendation: Approval of Task Order No. 09 in the amount of $73,000 with the Watershed Conservation Resource Center for continuing native vegetation establishment efforts and performing minor adjustments within the stream as necessary to ensure the continued success of completed restoration projects 4470.621.8810-5314.00 Account Number 02097.2015 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: 4470-Sales Tax Capital Improvements Fund Stormwater Quality Management (Stormwater Quality Mgmt/Nutrient Reduction) Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 173,286.00 $ 49,776.35 123,509.65 $ 73,000.00 50,509.65 V20210527 Previous Ordinance or Resolution # 6141 Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF JUNE 7, 2022 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director Chris Brown, Public Works Director FROM: Alan Pugh CITY COUNCIL MEMO DATE: May 10, 2022 SUBJECT: Approval of Task Order No. 09 in the amount of $73,000 with the Watershed Conservation Resource Center for continuing native vegetation establishment efforts and performing minor adjustments within the stream as necessary to ensure the continued success of completed restoration projects. RECOMMENDATION: Staff recommends approval of Task Order No. 09 in the amount of $73,000 with the Watershed Conservation Resource Center for continuing native vegetation establishment efforts and performing minor adjustments within the stream as necessary to ensure the continued success of completed restoration projects. BACKGROUND: On January 3, 2019, City Council approved Ordinance Number 6141 to waive competitive bidding and enter into a memorandum of understanding (MOU) with the Watershed Conservation Resource Center (WCRC). The resolution expressed the City's desire to work jointly with the WCRC to identify, fund and complete stream restoration projects, work together on nonpoint source (NPS) related issues associated with reducing nutrients, and improving riparian and other natural areas. To that degree, the City and WCRC have completed several restoration projects though this partnership. These projects include but are not limited to: the White River Riverbank Stabilization Project, Niokaska Creek within Sweetbriar Park, Niokaska Creek within Gulley Park and the West Fork of White River Airport Site. This task order deals specifically with the West Fork White River Airport project. DISCUSSION: The MOU outlines a process by which task orders can be developed for various activities that are in line with the goal of reducing NPS pollution and restoring the City's streams. This Task Order is presented pursuant to the MOU and consists of continuing efforts to establish and maintain dense native vegetation as well as make minor modifications as necessary to the stream to ensure the continued success of the completed restoration projects. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Establishment of a high -density riparian zone consisting of native vegetation is critical in creating stream and river restoration project that will, upon maturity of the vegetation, be able to withstand the power of future flood events. This can take several growing seasons to achieve and ensure the native species are not overrun with invasive species. Also, minor adjustments occasionally need to be conducted within the stream or river channel restoration area to prevent cumulative degradation of the restoration project. This task order will provide funding to the WCRC to conduct activities on the WF White River Airport project and extension that help to ensure establishment of healthy, native vegetation and the channel stability of the restoration projects. This in turn will help to project the investments made by the City of Fayetteville to improve water quality, habitat and recreational values of our local streams and water bodies. BUDGET/STAFF IMPACT: The Stormwater Quality Management/Nutrient Reduction project has been designated in part to fund projects that improve stormwater quality in the City of Fayetteville and would be proposed as the source for the funds. Attachments: Task Order No. 09 Ordinance 6141 Memorandum of Understanding THE CITY OF FAYETTEVILLE, ARKANSAS TASK ORDER NO. 9 VEGETATION AND CHANNEL STABILITY ESTABLISHMENT WEST FORK WHITE RIVER RESTORATION AT FAYETTVILLE EXECUTIVE AIRPORT STATE OF ARKANSAS COUNTY OF WASHINGTON This Task Order is written pursuant to the Memorandum of Understanding (MOU) as described in Ordinance No. 6141 executed on January 3, 2019. The referenced MOU pertains to potential stream restoration projects and associated services with the Watershed Conservation Resource Center (WCRC). This Task Order entered into and executed on the date indicated below the signature block by and between the City of Fayetteville (CITY) and WCRC sets forth the project description, schedule and associated fees for services related to maintaining and tending to the West Fork White River (WFWR) restoration project located at the Fayetteville Executive Airport. The stream restoration work that has been completed as part of two phases of work has been funded using a combination of Engineering Division funds as well as funds from the U.S. Environmental Protection Agency, USDA Natural Resources Conservation Service (NRCS), and local project partners. Section I - Project Description This project consists of ongoing maintenance of a river restoration project whose original implementation was funded, in -part, with City funds that came from the Engineering Division's budget. In 2021, an additional 1,600 linear feet of river restoration and wetland restoration was completed. Much of the new work completed in 2021 was performed on City of Fayetteville Airport property. The new work was funded by a NRCS grant matched with cash contributions from project partners including Beaver Water District and Beaver Watershed Alliance. No cash contribution from the City was required to complete the additional work. This Task Order will establish a framework for the City to provide continued project establishment and maintenance funding that to supports the WFWR Restoration work that has been implemented at the Fayetteville Executive Airport. To date, the restoration work on the WFWR at the Fayetteville Airport has prevented 16,000 lb of Total Phosphorus loading to the WFWR and Beaver Lake. Establishment of a high -density riparian zone consisting of native vegetation is critical in creating stream and river restoration projects that will, upon maturity of the vegetation, be able to withstand the power of future flood events. Also, minor repairs need to be occasionally conducted within the stream or river channel restoration area to prevent cumulative degradation of the restoration project. To insure the long-term success of this project, the WCRC maintained and cared for the project, at their own expense after the expiration of the original grant. The City has been providing financial support for ongoing maintenance activities in order to foster long- THE CITY OF FAYETTEVILLE, ARKANSAS term success of this project that has helped to reduce sediment and nutrient loadings to Beaver Lake, our regions water supply source. The work also creates recreation opportunities and improved quality of life for residents of Fayetteville and the immediate area. This agreement will provide continued funding to the WCRC to conduct activities that help to continue to establish healthy, native vegetation and channel stability in order to protect the investment that the City has made to improve water quality, habitat, and recreational value of the WFWR. Section II - Project Timeframe The WCRC will conduct the work from June 1, 2022 to May 31, 2023. Section III - Scope of Services The WCRC will perform services that are targeted to maintain and improve the long- term functionality of the WFWR restoration project at the Fayetteville Executive Airport. These services include two major components: 1) Stream restoration maintenance activities that help to create long-term stability and 2) Vegetation Management. Stream restoration maintenance activities include but will not be limited to a) minor hand repairs of structural components of the restoration b) removal of unintended gravel deposition within the project site c) repair of soil mattresses and d) re -setting of boulders that may become displaced. Vegetation maintenance and management activities include but are not limited to a) irrigation of vegetation during summer months b) removal of invasive vegetation and c) planting additional native plants to enhance vegetation density. These funds are intended to cover costs associated with minor and routine maintenance of the site. Repair of damage to the project resulting from large infrequent flood events are generally not covered under this agreement and will be addressed under supplemental agreements. But, if necessary, these funds can be used towards major repairs. Section IV - Fees and Payments WCRC will perform the above -referenced Scope of Services amounts not to exceed $73,000 for this agreement. Section V - Memorandum of Understanding in Effect Except as amended specifically herein, the Memorandum of Understanding Fayetteville shall remain in full force as originally approved. IN WITNESS WHEREOF, the parties hereto have caused this TASK ORDER to be duly executed as of the date and year first herein written. FOR THE (ATY OF FAYETTEVILLE IN Mayor Date- W -- 22- THE CITY OF FAYE ITEVILLE, ARKANSAS ��{1111i1i11►► Attest: Zra Paxton, City Clerk .y C� AN .,,►v it c 'off;; FOR WATERSHED CONSERVATION RESOUCE CENTER By: _ Attest: Sandi Formica M f� "'A�M1IJu� /d an Dater Z_� 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6141 File Number: 2018-0723 WATERSHED CONSERVATION RESOURCE CENTER MOU: AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVE A MEMORANDUM OF UNDERSTANDING WITH THE WATERSHED CONSERVATION RESOURCE CENTER FOR A TERM OF FIVE YEARS TO ESTABLISH A GENERAL FRAMEWORK OF COOPERATION TO SEEK FUNDING, CONDUCT STREAM RESTORATION PROJECTS AND TO WORK TOGETHER ON NONPOINT SOURCE RELATED ISSUES WHEREAS, the Watershed Conservation Resource Center is a nonprofit organization with regional experts that strive to protect, conserve and restore natural resources by utilizing the watershed approach, environmental outreach, and providing planning and technical assistance to landowners, communities, and government; and WHEREAS, the City has successfully partnered with the Watershed Conservation Resource Center in the past to receive approximately $3,100,000.00 in federal grants for stream restoration and the Watershed Conservation Resource Center has been instrumental in securing these grant funds due to its relationship with federal grant agencies and a proven track record of successful stream restoration projects; and WHEREAS, the purpose of the Memorandum of Understanding is to establish a general framework for cooperation between the Watershed Conservation Resource Center and the City to seek funding and conduct stream restoration projects to achieve the common goal of restoring unstable sections of streams to a morphologically stable form utilizing a natural channel design approach and to work together on nonpoint source related issues associated with reducing nutrients and improving riparian and other natural areas. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF Page 1 Printed on 114119 File Number: 2018-0723 Ordinance: 6141 FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines an exceptional situation exists in which competitive bidding is deemed not feasible or practical and therefore waives the requirements of formal competitive bidding and approves a Memorandum of Understanding between the City of Fayetteville, Arkansas and Watershed Conservation Resource Center to establish a general framework for cooperation to seek funding and conduct stream restoration projects and to work together on nonpoint source related issues for the next five years. PASSED and APPROVED on 1/3/2019 Attest: Ld4---a 6,r Sondra E. Smith, City Clerk Treasurer Page 2 Printed on 114119 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 i Text File M File Number: 2018-0723 Agenda Date: 1/3/2019 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 3 WATERSHED CONSERVATION RESOURCE CENTER MOU: AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVE A MEMORANDUM OF UNDERSTANDING WITH THE WATERSHED CONSERVATION RESOURCE CENTER FOR A TERM OF FIVE YEARS TO ESTABLISH A GENERAL FRAMEWORK OF COOPERATION TO SEEK FUNDING, CONDUCT STREAM RESTORATION PROJECTS AND TO WORK TOGETHER ON NONP01NT SOURCE RELATED ISSUES WHEREAS, the Watershed Conservation Resource Center is a nonprofit organization with regional experts that strive to protect, conserve and restore natural resources by utilizing the watershed approach, environmental outreach, and providing planning and technical assistance to landowners, communities, and government; and WHEREAS, the City has successfully partnered with the Watershed Conservation Resource Center in the past to receive approximately $3,100,000.00 in federal grants for stream restoration and the Watershed Conservation Resource Center has been instrumental in securing these grant funds due to its relationship with federal grant agencies and a proven track record of successful stream restoration projects; and WHEREAS, the purpose of the Memorandum of Understanding is to establish a general framework for cooperation between the Watershed Conservation Resource Center and the City to seek funding and conduct stream restoration projects to achieve the common goal of restoring unstable sections of streams to a morphologically stable form utilizing a natural channel design approach and to work together on nonpoint source related issues associated with reducing nutrients and improving riparian and other natural areas. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section l: That the City Council of the City of Fayetteville, Arkansas hereby determines an exceptional situation exists in which competitive bidding is deemed not feasible or practical and therefore waives the requirements of formal competitive bidding and approves a Memorandum of Understanding between the City of Fayetteville, Arkansas and Watershed Conservation Resource Center to establish a general framework for cooperation to seek funding and conduct stream restoration projects and to work together on nonpoint source related issues for the next five years. City of Fayetteville, Arkansas Page 1 Printed on 11412019 City of Fayetteville Staff Review Form 2018-0723 Legistar File ID 1/3/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Chris Brown 12/12/2018 ENGINEERING (621) Submitted By Submitted Date Division / Department Action Recommendation: Approval to waive competitive bidding and renew a Memorandum of Understanding (MOU) with the Watershed Conservation Resource Center (WCRC) outlining a general framework for cooperation to seek funding and conduct stream restoration projects and other nonpoint source pollution related issues. Budget Impact: 4470.621.8810-5817.00 Sales Tax Capital Improvement Account Number 02097.1 Project Number Budgeted Item? Yes Fund Stormwater Quality Management Project Title Current Budget $ 95,528.00 Funds Obligated $ 200.00 Current Balance Does item have a cost? No Item Cost $ - Budget Adjustment Attached? NA Budget Adjustment $ - Remaining Budget 95,328.00 V20180321 Purchase Order Number: Previous Ordinance or Resolution # 5645 Change Order Number: Original Contract Number: Comments: Approval Date: CITY OF _ FAYETTEVILLE f ARKANSAS MEETING OF JANUARY 3, 2019 TO: Mayor and City Council THRU: Don Marr, Chief of Staff Garner Stoll, Development Services Director Chris Brown, City Engineer FROM: Alan Pugh, Staff Engineer DATE: December 12, 2018 CITY COUNCIL MEMO SUBJECT: Approval to waive competitive bidding and renew a Memorandum of Understanding (MOU) with the Watershed Conservation Resource Center (WCRC) outlining a general framework for cooperation to seek funding and conduct stream restoration projects and other nonpoint source pollution related issues. RECOMMENDATION: Staff recommends approval to waive competitive bidding and renew a Memorandum of Understanding (MOU) with the Watershed Conservation Resource Center (WCRC) outlining a general framework for cooperation to seek funding and conduct stream restoration projects and additional nonpoint source pollution related issues. BACKGROUND: In January of 2014 the City Council approved ordinance 5645 which waived competitive bidding and approved the current MOU. This partnership has proven successful for many years as described further below. DISCUSSION: The WCRC is a nonprofit organization that strives to protect, conserve, and restore natural resources by utilizing the watershed approach, environmental outreach, and providing planning and technical assistance to landowners, communities, and government. The WCRC principals are regional experts and local leaders in implementing natural channel design -based stream restorations that meet multiple local and regional objectives relating to river channel instability, water quality, ecological services and green infrastructure. The WCRC and the City have successfully partnered on multiple projects throughout this partnership. These projects have brought over $3,100,000 to the City for water quality and other environmental improvements and have helped to create local partnerships and outreach opportunities in the areas of river restoration, riparian enhancement, and watershed planning. Seven stream and streambank restoration projects have been implemented that have resulted in over 11,900 tons of sediment and 8,500 Ibs of total phosphorus reductions, annually from Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov streambank erosion, restored both aquatic and terrestrial habitat, protected City infrastructure, and improved aesthetics of City Parks and other properties WCRC has been instrumental in securing these grant funds due to their relationships with Federal grant agencies and their proven track record of successful stream restoration projects. This MOU will establish a continued partnership between the City and WCRC whereby the WCRC will actively seek grant funding for stream restoration projects in the City of Fayetteville and will allow the City the opportunity to quickly take advantage of opportunities identified. The MOU is effective for a period of five years. BUDGET/STAFF IMPACT: The proposed agreement has no budgetary impact. As tasks are identified, the "task order" with associated fee will be approved through the appropriate channels up to and including approval by the Mayor and City Council. Attachments: Ordinance 5645 Updated Memorandum of Understanding (MOU) MEMORANDUM OF UNDERSTANDING Between Watershed Conservation Resource Center And City of Fayetteville This Memorandum of Understanding (MOU) is entered into and executed on the date indicated below the signature block, by and between the Watershed Conservation Resource Center, hereinafter referred to as WCRC, and the CITY OF FAYETTEVILLE. A. PURPOSE The purpose of this MOU is to establish a general framework for cooperation between the WCRC and the CITY OF FAYETTEVILLE to 1) seek funding and conduct stream restoration projects to achieve the common goal of restoring unstable sections of streams to a morphologically stable form utilizing a natural channel design approach and 2) to work together on nonpoint source (NPS) related issues associated with reducing nutrients and improving riparian and other natural areas. Innovative approaches will be used in designing and implementing stream restorations that will result in improved water quality of the City's watersheds and will address severe streambank erosion, while restoring aquatic and terrestrial habitat and maintaining a sustainable, natural hydrology. Such cooperation will serve the parties' mutual interest. B. STATEMI NT OF MUTUAL, INTE;'RI;STS AND BENEFITS The WCRC is a nonprofit organization that strives to protect, conserve, and restore natural resources by utilizing the watershed approach, conducting environmental outreach, and providing planning and technical assistance to landowners, communities, and government. The WCRC principals are regional experts and local leaders in implementing natural channel design - based stream restorations that meet multiple local and regional objectives relating to river channel instability, water quality, ecological services, and green infrastructure. This MOU is of benel:it to the CITY OF FAYE'171'EVILLE because these activities will help to meet the objectives of the City's Nutrient Reduction Plan and will lead to both aquatic and terrestrial habitat restoration, improved water quality in the form of both phosphorus and sediment reductions, reduced streambank erosion, and improve aesthetics of local streams and rivers. This effort will also help to promote the use of alternatives to traditional channel modifications in both urbanizing and rural areas. The WCRC and the CITY OF FAYE'l-TEVILLF partnered and have obtained several grants for restoring streams within the City and surrounding areas and for assessing streams for stability and contaminant reduction. "These projects have brought over $3,100,000 to the City for water quality and other environmental improvements and have helped to create local partnerships and outreach opportunities in the areas of river restoration, riparian enhancement, and watershed planning. Seven stream and streambank restoration projects have been 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. TIIE WCRC: 1. Shall seek funding opportunities for stream restoration projects and other projects related to reduction of non -point source pollution. 2. Upon approval of specific Task Orders by the Mayor or City Council, as required by the City's procurement requirements, shall provide the services detailed in each Task Order. Said tasks may include: a. Identification of stream reaches that could benefit from stream restoration and prioritize, in streams within the City limits. b. Estimation of phosphorous reduction that would be realized for each priority stream restoration project. c. Assistance in developing grain applications for identified stream restorations and other non -point source pollution assessment projects. d. Vegetation establishment and management at City sponsored stream restoration projects. e. Assistance to the CITY OF 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 'bask Order, including, but not limited to, labor and materials, is fifty thousand dollars ($50,000.00) or more, as required by Ark. Code Ann. 17-25-101, el seq. A copy of the license shall be provided to the City at the time WCRC submits its proposal for such a qualifying project. E. TIIE CITY OF FAYETTEVILLE: 1. Shall coordinate all activities within the City of Fayetteville Divisions and Departments and between the CITY OF FAYETTEVILLE and the WCRC. 2. Shall assist with project activities and tasks. 3. Shall provide review and input into the final restoration designs. 4. Shall oversee activities and coordinate staff needed for implementation of the restoration designs. 5. Shall provide documentation of all project activities and associated matching funds. 6. Recognizes that their participation in stream restoration and NPS projects acquired is an integral component in carrying out a successful project that will result in improved water quality and habitat restoration. 7. Shall accomplish other specific tasks as detailed in each Task Order. F. IT IS MUTUALLY AGREED AND UNDERSTOOD BY ALL PARTIES TIIAT: 1. FREEDOM OF INFORMATION ACT FOIA . CITY OF FAYETl-EVILLE contract and doewnents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the CITY OF FAYETTEVILLE, the WCRC will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §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 flees. 3. PARTICI.PA'1'ION IN SIMILAR ACTIVITIES. This instrument in no way restricts the WCRC or the CITY OF FAYIETTEVILLE from participating in similar activities with other public or private agencies, organizations, and individuals. 4. COMMLI ' ICEMLN'I L-'XI'IIZA'EION DATE. The instrument is executed as of the date ofthe last signature and is effective for five years. 5. PRINCIPAI, CONI]ACT'. 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: forinicarci?witter�hcdconscrv7tio 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:cbrownyJla ctlevilie-u.t��' Alan Pugh, Staff Engineer City of Fayetteville Phone: 479-575-8206 E-mail: a p hfia ettevi I le-ar. ov 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. JPI'A - A - �__ Sandi J. Formic , Executive Director Watershed Conservation Resource Center s Sondra E. Smith, City Clerk/Treasurer City of Fayetteville Dec- al I Z.ofS, Date 01 D8 01� ate Date 11 ORDINANCE NO.5645 AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVING A FIVE YEAR MEMORANDUM OF UNDERSTANDING WITH THE WATERSHED CONSERVATION RESOURCE CENTER TO JOINTLY SEEK FUNDING AND USE SUCH FUNDING TO DESIGN AND CONSTRUCT STREAM RESTORATION PROJECTS WHEREAS, the City of Fayetteville has long worked with the Watershed Conservation Resource Center (WCRC) and funded quality stream restoration projects successfully completed by the Center; and WHEREAS, the provisions of the attached Memorandum of Understanding meet the City of Fayetteville's need for continuing stream restoration projects at little or no cost to the City; and WHEREAS, the Watershed Conservation Resource Center can efficiently and effectively provide this service at a significant savings to the citizens of Fayetteville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines an exceptional situation exists in which competitive bidding is deemed not feasible or practical and therefore waives the requirements of formal competitive bidding and approves a Memorandum of Understanding (marked as Exhibit "A" attached hereto and made a part hereof) between the City of Fayetteville, Arkansas and the Watershed Conservation Resource Center to jointly seek funding and use such funding to design and construct stream restoration prc��ta tl�frP� authorizes Mayor Jordan to sign such Memorandum. •��� E�`�` r rrC''�r y g ��` Cry •' Y PASSED and APPROVED this 7`" day of January, 2014. FAYETTEu1LLw APPROVED: ATTEST:• •h I/Ullifli111►��� By:iL�- SONDRA E. SMITH, City Clerk/Treasurer Lm IBIT MEMORANDUM OF UNDERSTANDING Between Watershed Conservation Resource Center And City of Fayetteville This Memorandum of Understanding (MOU) is entered into and executed on the date indicated below the signature block, by and between the Watershed Conservation Resource Center, hereinafter referred to as WCRC, and the CITY OF FAYETTEVILLE. A. PURPOSE The purpose of this MOU is to establish a general framework for cooperation between the WCRC and the CITY OF FAYETTEVILLE to 1) seek funding and conduct stream restoration projects to achieve the common goal of restoring unstable sections of streams to a morphologically stable form utilizing a natural channel design approach and 2) to work together on nonpoint source (NPS) related issues associated with reducing nutrients and improving riparian and other natural areas. Innovative approaches will be used in designing and implementing stream restorations that will result in improved water quality of the City's watersheds and will address severe streambank erosion, while restoring aquatic and terrestrial habitat and maintaining a sustainable, natural hydrology. Such cooperation will serve the parties' mutual interest. B. STATEMENT OF MUTUAL INTERESTS AND BENEFITS The WCRC is a nonprofit organization that strives to protect, conserve, and restore natural resources by utilizing the watershed approach, conducting environmental outreach, and providing planning and technical assistance to landowners, communities, and government. The WCRC principals are regional experts and local leaders in implementing natural channel design - based stream restorations that meet multiple local and regional objectives relating to river channel instability, water quality, and ecological services. This MOU is of benefit to the CITY OF FAYETTEVILLE because these activities will help to meet the objectives of the City's Nutrient Reduction Plan and will lead to both aquatic and terrestrial habitat restoration, improved water quality in the form of both phosphorus and sediment reductions, reduced streambank erosion, and improve aesthetics of local streams and rivers. This effort will also help to promote the use of alternatives to traditional channel modifications in both urbanizing and rural areas. The WCRC and the CITY OF FAYETTEVILLE partnered and have obtained several grants for restoring streams within the City and surrounding areas and for assessing streams for stability and contaminant reduction. These projects have brought over $2,300,000 to the City for water quality and other environmental improvements and have helped to create local partnerships and outreach opportunities in the areas of river restoration, riparian enhancement, and watershed planning. Four stream and streambank restoration projects have been implemented that have resulted in over 4000 tons of sediment and 3,700 lbs of total phosphorus reductions, annually from streambank erosion, restored both aquatic and terrestrial habitat, protected City infrastructure, and improved aesthetics of City Parks and other properties. The WCRC currently has three active projects with the City and other partners to conduct more river restoration and assess urban streams and riparian areas to identify priority sites in need of restoration. In addition, the WCRC continues to monitor and maintain the four implemented stream restoration sites. C. FEES AND PAYMENTS No fee is associated with this MOU. As projects are identified by the City, a Task Order establishing the scope, fee, and payment terms for the project will be developed. The basis of this fee and justification for the fee shall be contained in an Appendix attached to each Task Order. Adjustment of the fee may be made should WCRC establish and the CITY OF FAYETTEVILLE agree that there has been, or is to be, a significant change in scope, complexity or character of the services to be performed; or if the CITY OF FAYETTEVILLE decides to shorten the duration of work from the time period specified in the Agreement for completion of work and such modification warrants such adjustment. In consideration of the above premises, the parties agree as follows: D. THE WCRC: 1. Shall seek funding opportunities for stream restoration projects and other projects related to reduction of non -point source pollution. 2. Upon approval of specific Task Orders by the Mayor or City Council, as required by the City's procurement requirements, shall provide the services detailed in each Task Order. Said tasks may include: a. Identification of stream reaches that could benefit from stream restoration and prioritize, in streams within the City limits. b. Estimation of phosphorous reduction that would be realized for each priority stream restoration project. c. Assistance in developing grant applications for identified stream restorations and other non -point source pollution assessment projects. d. Assistance to the CITY OF FAYETTEVILLE in addressing other NPS related issues. 3. Shall accomplish other specific tasks as detailed in each Task Order E. THE CITY OF FAYETTEVILLE: 1. Shall coordinate all activities within the City of Fayetteville Divisions and Departments and between the CITY OF FAYETTEVILLE and the WCRC. 2. Shall assist with project activities and tasks. 3. Shall provide review and input into the final restoration designs. 4. Shall oversee activities and coordinate staff needed for implementation of the restoration designs. 5. Shall provide documentation of all project activities and associated matching funds. 6. Recognizes that their participation in stream restoration and NPS projects acquired is an integral component in carrying out a successful project that will result in improved water quality and habitat restoration. 7. Shall accomplish other specific tasks as detailed in each Task Order. F. IT IS MUTUALLY AGREED AND UNDERSTOOD BY ALL PARTIES THAT: 1. FREEDOM OF INFORMATION ACT FOIA . CITY OF FAYETTEVILLE contract and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of information Act request is presented to the CITY OF FAYETTEVILLE, the WCRC will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19- 101 et. seq.) Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. Any information furnished to the WCRC under this instrument is subject to the Freedom of Information Act (5 U.S.C. 552). 2. MODIFICATION. Modifications within the scope of the instrument shall be made by mutual consent of the parties. Changes, modifications, or amendments in scope (other than as specifically established in this MOU), price or fees to this agreement shall not be allowed without a prior formal contract amendment approved by the Mayor and/or the City Council in advance of the change in scope, cost or fees. 3. PARTICIPATION IN SIMILAR ACTIVITIES. This instrument in no way restricts the WCRC or the CITY OF FAYETTEVILLE from participating in similar activities with other public or private agencies, organizations, and individuals. 4. COMMENCEMENT/EXPIRATION DATE. The instrument is executed as of the date of the last signature and is effective for five years. 5. PRINCIPAL CONTACT. The principal contacts for this instrument are: Sandi Formica, Executive Director Watershed Conservation Resource Center 380 West Rock Street Fayetteville, AR 72701 Office Phone: 479-444-1916 Cell Phone: 501-352-5252 Office Fax: 928-396-2546 E-mail: formica a &,atershedconservation.org Chris Brown, P.E., City Engineer City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 Phone: 479-575-8206 Fax: 479-575-8202 E-mail: cbrown@ci_fayetteville.ar.us Sarah Wrede, E.I., Staff Engineer City of Fayetteville Phone: 479-575-8206 E-mail: swrede(a)ci.fayetteyille.ar.us 6. NONDISCRIMINATION. During the performance of this agreement, all parties will abide by the terms of Executive Order 11246 on nondiscrimination and will not discriminate against any person because of age, race, color, religion, sex, national origin, or disability. Sandi J. Fo xecutive Director Watershed Conservation Resource Center 1z �9 t3 ate Aioneld�Jord or ate City of Faye 4t'," Cc - J.'a. - Sondra E. Smith, City Clerk/Treasurer City of Fayetteville ����►t rt n»>�� ���3�LERK 1 TRFAYMEVP LLE Fgf�� Date r Sarah Wrede Submitted By City of Fayetteville Item Review Form 2013-0244 Legistar File Number 1 /7/2014 City Council Meeting Date -Agenda Item Only NIA for Non -Agenda Item Action Required: Development Services Department An ordinance to waive competitive bidding and to enter into a Memorandum of Understanding with the Watershed Conservation Resource Center to establish a general framework for cooperation to seek funding and conduct stream restoration projects and to work together on nonpoint source related issues. Does this item have a cost? No $0.00 Cost of this request n/a Account Number n/a Project Number Category or Project Budget $0.00 Funds Used to Date $0.00 Remaining Balance n/a Program or Project Name n/a Program or Project Category n/a Fund Name Budgeted Item? Budget Adjustment Attached? No V20130812 Previous Ordinance or Resolution # Original Contract Number: Comments: /a-8-/3 -, i, — 9_/0 0 4 � 1 1�• 0 52 Vie. ERE You created this PDF fr an application that is not licensed to print to novaPDF printer (httpJ1www.novapdf.90m) attL-le ANSAS� CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Don Marr, Chief of Staff Jeremy Pate, Development Services Director Chris Brown, City Engineer From: Sarah Wrede, Staff Engineer Date: December 18, 2013 THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE Council Meeting of January 7, 2014 Subject: An ordinance to waive competitive bidding and renew a Memorandum of Understanding with the Watershed Conservation Resource Center to continue a general framework for cooperation to seek funding and conduct stream restoration projects and to work together on nonpoint source related issues. PROPOSAL The purpose of this Memorandum of Understanding (MOU) is to establish a general framework for cooperation between the Watershed Conservation Resource Center (WCRC) and the City of Fayetteville to 1) seek funding and conduct stream restoration projects to achieve the common goal of restoring unstable sections of streams to a morphologically stable form utilizing a natural channel design approach and 2) to work together on nonpoint source (NPS) related issues associated with reducing nutrients and improving riparian and other natural areas. The WCRC is a nonprofit organization that strives to protect, conserve, and restore natural resources by utilizing the watershed approach, environmental outreach, and providing planning and technical assistance to landowners, communities, and government. The WCRC principals are regional experts and local leaders in implementing natural channel design -based stream restorations that meet multiple local and regional objectives relating to river channel instability, water quality, and ecological services. The WCRC and the City have successfully partnered to receive over $2,300,000 in federal grants for water quality and other environmental improvements. WCRC has been instrumental in securing these funds due to their relationships with Federal grant agencies and their proven track record of successful stream restoration projects. This MOU will establish a continued partnership between the City and WCRC whereby the WCRC will actively seek grant funding for stream restoration projects in the City of Fayetteville, and will allow the City the opportunity to quickly take advantage of opportunities identified. The MOU is effective for a period of five years. RECOMMENDATION Staff recommends approval of an ordinance to waive competitive bidding and to renew a Memorandum of Understanding with the Watershed Conservation Resource Center to continue a general framework for cooperation to seek funding and conduct stream restoration projects and to work together on nonpoint source related issues. BUDGETIMPACT The proposed agreement will cause no budget impact. As tasks are identified, a Task Order, with associated fee, will be developed for approval by the Mayor and City Council. ORDINANCE NO. AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVING A FIVE YEAR MEMORANDUM OF UNDERSTANDING WITH THE WATERSHED CONSERVATION RESOURCE CENTER TO JOINTLY SEEK FUNDING AND USE SUCH FUNDING TO DESIGN AND CONSTRUCT STREAM RESTORATION PROJECTS WHEREAS, the City of Fayetteville has long worked with -the Watershed Conservation Resource Center (WCRC) and funded quality stream restoration projects successfully completed the Center; and WHEREAS, the provisions of the attached Memorandum of Understanding meet the City of Fayetteville's need for continuing stream restoration projects at little or no cost to the City; and WHEREAS, the Watershed Conservation Resource Center can efficiently and effectively provide this service at a significant savings to the citizens of Fayetteville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines an exceptional situation exists in which competitive bidding is deemed not feasible or practical and therefore waives the requirements of formal competitive bidding and approves a Memorandum of Understanding (marked as Exhibit "A" attached hereto and made a part hereof) between the City of Fayetteville, Arkansas and the Watershed Conservation Resource Center to jointly seek funding and use such funding to design and construct stream restoration projects and authorizes Mayor Jordan to sign such Memorandum. PASSED and APPROVED this 7"' day of January, 2014. APPROVED: By: ATTEST: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer THIS MOU WAS UPDATED PI.EASE SEE UPDATED VERSION MEMORANDUM OF UNDERSTANDING Between Watershed Conservation Resource Center And City of Fayetteville This Memorandum of\blo;k,, anding (MOU) is entered into and executed on the date indicated below the signature y and between the Watershed Conowation Resource Center, hereinafter referred toC, and the CITY OF FAYETTEViLL'P-. A. PURPOSE The purpose of this MOU is to es blish a general fra wort{ for cooperation between the WCRC and the CITY OF FAYETTE ILLE to I) seek f riding and conduct stream restoration projects to achieve the common gal of restorin unstable sections of streams to a morphologically stable form utilizing a tur on nonpoint source (NPS) related issue riparian and other natural areas. Irmo implementing stream restorations that will watersheds and will address severe streamb habitat and maintaining a sustainable, natural mutual interest. cannel design approach and 2) to work together :ia4 with reducing nutrients and improving �proaches will be used in designing and 4 in improved water quality of the City's erosion, while restoring aquatic and terrestrial ,rology. Such cooperation will serve the parties' B. STATEMENT OF MUTUAL iNTERL7STS AND I�ENEFITS The WCRC is a nonprofit organizat' n that strives to rotect, conserve, and restore natural resources by utilizing the wateIsistance ed approach, cond ring environmental outreach, and providing planning and technical a to landowners, ommunities, and government. The WCRC principals are regional ex eras and local leaders in im lementing natural channel design - based strearn restorations that rneet multiple local and regi nal objectives relating to river channel instability, water qua[' y, ecological services, and green 'nfi•astructure. This MOU is of benefit to the CITY OF F YETTEVILLE 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 stre, nbank erosion, and improve aesthetics of loc streams and rivers. This effort will also help t prornote 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 contamin/)rtunities reduction. These projects have brought over $3,100,000 to the City for water quality and oenvironmental improvements and have helped to create local partnerships and outreach opp in the areas of river restoration, riparian enhancement, and watershed planning. Seven strearn and streambank restoration projects have been implemented that have resulted in over 11,900 tons of sediment and 8,500 Ibs of total phosphorus reductions, annually THIS MOU WAS UPDATED PLEASE SEE UPDATED VERSION fi-om streambank erosion, restored both aquatic and terrestrial habitat, protected City infrastructure, and improved aesthetics of City Parks and other properties. The WCRC currently has three active projects with the City and other partners to conduct more river res oration and assess urban streams and riparian areas to identify priority sites in need of r Otoration. In addition, the WCRC continues to monitor and maintain the four implemented str m restoration sites. C. FEES AND PAYMENTS No fee is ass eiated with this MOU. As projects are identified by ie City, a Task Order establishing the cope, fee, and payment terms for the project will b developed. The basis of this fee and justi ation for the fee shall be contained in an App ndix attached to each Task Order. Adjustmen of the fee may be made should WCRC establish and the CITY OF FAYETTEVILLE agi �e that there has been, or is to be, a signifi nt change in scope, complexity or character of the ser 'ces to be performed; or if the CITY OF FAYETTEVILLE decides to shorten the duration of rk from the time period specified n the Agreement for completion of work and such modificatio warrants such adjustment. In consideration of the above'premises, the parties agre/as follows: D. THE WCRC: 1. Shall seek funding opp -t] related to reduction of non- 2. Upon approval of specific T City's procurement requiren Said tasks may include: a. Identification of and prioritize, in b. Estimation of ph cities fors cam restoration projects and other projects int source ollution. •Ic Order by the Mayor or City Council, as required by the S. s 11 provide the services detailed in each Task Order. tre reaches that could benefit from stream restoration r ms within the City limits. Eiorou reduction that would be realized for each priority stream restoratiZeloping project. c. Assistance in .gr\miagement tions for identified stream restorations and other no point source sessment projects. d. Vegetation tablishment anat City sponsored stream restoratio projects. e. Assistan e to the CITY TEVILLE in addressing other NPS related-ssues.3. Shall accomplish other specific tasks aeach Task Order E. THE CITY OF FA ETTEVILLE: 1. Shall coordi to all activities within the City of Faye eville Divisions and Departments and /eethe CITY OF FAYETTEVILLE and the RC. 2. Shalith project activities and tasks. 3. Shalreview and input into the final restoration desi ns. 4. Shalactivities and coordinate staff needed for imple ientation of the restoration desi5. Shal documentation of all project activities and associated matching funds. 2 THIS .MOU WAS UPDATED PLEASE SEE UPDATED VERSION 6. Recognizes that their participation in stream restoration and NPS projects acquired is an integral component in carrying out a successful project that will result in improved water quality and habitat restoration. 7. Shall accomplish other specific tasks as detailed in each Task Order. F. IT IS MUTUALLY AGREED AND UNDERSTOOD BY ALL PARTIES THAT: 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 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 ins�41 it is subject to the Freedom of Information Act (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 st scope (other than as specifically established in this M ), price or fees to this afire shall not be allowed without a prior formal contract amen lent approved by the M�4r,,enl and/or the City Council in advance of the change in scope, cost or es. 3. PARTICIPATION IN SIMILAR AC ' WCRC or the CITY OF FAYETTEVILL public or private agencies, organizations, and 4. COMMENCEMENVEXPIRATION DATE. last signature and is effective for five years. 5. PRINCIPAL CONTACT. The principal Sandi Formica, Executive Director Watershed Conservation Resourc 380 West Rock Street Fayetteville, AR 72701 Office Phone: 479-444-191 Cell Phone: 501-352-5) 2 Office Fax: 928-396 46 E-mail: formicarci4water edconser Chris Brown, P.E City Engineer City of FX4-575-8206 le 1 l 3 Wn Fayette72701 Phone: Fax:-8202 E-mail_�fa ettcvi[le-ar. ov ument in no way restricts the in similar activities with other instrument is executed as of the date of the this instrument are: Alan Pugh, Staff E. �ineer City of Fayetteville Phone: 479-575-8206 E-mail: anus-,h(Wavettevi 3 THIS .MOU WAS UPDATED PLEASE SEE UPDATED VERSION 6. NONDISCRIMINATION. During the performance of this agreement, all parties will abide by the terms of Executive Order 11246 on nondiscrimination and will not discriminate against anv narenn hPrance of ncvP rneP. rnlnr relivinn ap.x natinnnl nrioin nr dicshility