HomeMy WebLinkAbout138-23 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 138-23
File Number: 2023-747
BEAVER WATERSHED ALLIANCE (COST SHARE AGREEMENT):
A RESOLUTION TO APPROVE A COST SHARE AGREEMENT WITH THE BEAVER WATERSHED
ALLIANCE FOR THE INSTALLATION OF LOW IMPACT DEVELOPMENT FEATURES IN THE TOWN
BRANCH WATERSHED ASSOCIATED WITH THE ELMHURST AND MCCLINTON DRAINAGE
IMPROVEMENT PROJECT WITH MATCHING FUNDS PROVIDED BY THE CITY IN THE AMOUNT OF
$190,000.00, AND TO APPROVE A BUDGET ADJUSTMENT
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 a cost
share agreement with the Beaver Watershed Alliance for the installation of low impact development features on
property near East Miracle Drive, within the Town Branch Watershed, and associated with the Elmhurst and McClinton
Drainage Improvement Project with matching funds provided by the City in the amount of $190,000.00.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of
which is attached to this Resolution.
PASSED and APPROVED on June 6, 2023
Page 1
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COST SHARE AGREEMENT
FOR IMPLEMENTING LOW IMPACT DEVELOPMENT FOR
ENHANCED WATER QUALITY IN THE BEAVER LAKE WATERSHED
Between the City of Fayetteville, Arkansas and Beaver Watershed Alliance
WHEREAS, the Beaver Watershed Alliance (Alliance), an Arkansas domestic nonprofit
corporation, was established to proactively protect, enhance, and sustain the water quality of
Beaver Lake and integrity of its watershed; and
WHEREAS, the City of Fayetteville (City) is a municipality located in Washington County, AR
and located within the Beaver Lake watershed; and
WHEREAS, the Alliance applied for $523,120 in grant funding from Arkansas Department of
Agriculture — Natural Resources Division (ANRD) for the project "Smart Growth for Source
Water Protection in the Beaver Lake Watershed", (Project) in which they proposed to use the
grant funding for conservation best practices to improve water quality in the Beaver Lake
watershed and to provide related education to the public; and
WHEREAS, on May 12, 2022, ANRD provided notice of its decision to award $523,120 in
grant funding to the Alliance for their grant proposal; and
WHEREAS, the Alliance has agreed to receive the entire $523,120 in grant funding and allocate
a portion of funds, up to $161,000 for a LID project at the Elmhurst/McClinton site to install a
LID features on City property and adjacent property located at E. MIRACLE DR, and install
educational signage, and host educational and outreach events to the public to meet the
"Technical Assistance" obligations outlined in the grant proposal; and
WHEREAS, the Project will also include LID features on the property adjacent to the City
property and project site, located at E. MIRACLE DR, parcel number 765-26188-000, in which a
separate MOA will be developed for installation and maintenance on non -city property between
the Alliance and private property owner; and
WHEREAS, it is the desire of the parties to cooperate for the purpose of the Project by using the
$161,000 in grant funding for conservation best practices to improve water quality in the City of
Fayetteville and to provide related education to the public, as detailed in the grant proposal (the
"Project").
WHEREAS, Low Impact Development (LID), and best management is a priority in the Beaver
Lake Watershed according to the Beaver Lake Watershed Protection Strategy (BLWPS); and
WHEREAS, the BLWPS recommends low impact development as a core BMP and the City
recognizes the benefits for water quality; and
WHEREAS, the City of Fayetteville is voluntarily including the use of LID features which are
necessary components to maintain and improve water quality in the Beaver Lake Watershed; and
NOW, THEREFORE, THIS CONTRACT is made by and between the City of Fayetteville,
Arkansas ("City") and Beaver Watershed Alliance ("Alliance"), or the parties, in exchange for
the mutual obligations and covenants contained herein, agree as follows:
I. Scope of Agreement
A. City of Fayetteville Agrees to:
I. Work together with the Alliance as described in their grant proposal to meet all
objectives and obligations in the proposal.
2. Be responsible for ensuring that all required local, state and federal permits,
easements, and rights of way are obtained, and that all proper licensing and
approval requirements are met for the work -in -kind associated with this
Agreement.
3. Be responsible for the liabilities (if any), asset management, operation, and
maintenance of the Project on City property, and for any ongoing maintenance of
installed habitat improvements on City property.
4. Dedicate matching funds of at least $190,000 in cash contributions per letter of
support provided by the City of Fayetteville on January 26, 2022 for design and or
construction costs.
5. Provide and document additional in -kind contributions for the Project. In -kind
contributions may include, but are not limited to, review time, construction
assistance, equipment rental or usage, labor, staff time for educational outreach,
and ongoing maintenance between September 1, 2022 through September 15,
2025.
6. Be responsible for the installation and maintenance of educational and interpretive
signage, to be jointly designed by Alliance and City, to educate the public about
Low Impact Development features and benefits. BWA will submit approved
designs to sign printer, pay for the costs of the sign printing, and deliver to City of
Fayetteville. Signage shall be installed by City of Fayetteville on or before the
project completion date.
7. Maintain the Project for a minimum of five (5) years from the date the Project is
open to the public. City may include a reasonable estimate of ongoing
maintenance costs as part of its required contribution for the Project.
8. Coordinate with Alliance for educational events such as tours, on -site
demonstrations and/or education and outreach events (up to three throughout
project timeline).
9. The Project scope is set forth in the Preliminary Plans developed by McClelland
Consulting Engineers and dated April 2022 attached hereto. City shall not be
responsible for any improvements on private property.
B. Beaver Watershed Alliance Agrees to:
1. Work together with the City of Fayetteville as described in their grant proposal to
meet all objectives and obligations in the proposal.
2. Develop MOA for adjacent property to clarify maintenance and responsibilities
for the Project. Alliance agrees that City shall not be responsible for costs
associated with improvements on private property adjacent to the Project.
3. Provide $160,000 towards the costs of construction for the LID features for the
Project, including street, culvert, channel construction, ponds, wetland ponds, LID
or other stormwater improvement infrastructure.
4. Provide at least $15,000 in in -kind contributions towards the Project, as defined
for the grant, which may include staff time, events, and public workshops.
5. Provide additional funding of up to $1,000 for educational and interpretive
signage in which designs will be pre -approved by City.
6. Administer the 319 ANRD grant including any required grant reporting.
7. Provide at least quarterly updates to City of Fayetteville on project milestones,
meetings and outcomes, public education events and outreach, and media
relations.
8. As between the parties, accept sole responsibility for all manner of claims, causes
of action or liability arising out of any accident, injury or damage to the Alliance,
its equipment or property, its employees or agents, and to any third party's person
or property resulting from the Alliance conducting any activity related to this
Agreement.
9. To the extent permitted by Arkansas law, hold harmless, defend, and indemnify
City of Fayetteville, and employees from or against for any and all claims,
judgments, causes of action, liability, damages, and expenses of whatsoever
nature incident to, or resulting from, the Alliance's activities or performance
under this Agreement. Furthermore, notwithstanding the foregoing, the Alliance
agrees that: (a) it will cooperate with City in the defense of any action or claim
brought against City seeking the foregoing damages or relief; (b) it will in good
faith cooperate with City should any third party present any claims of the
foregoing nature against City; (c) it will not take any action to frustrate or delay
the prompt hearing on claims of the foregoing nature. This Agreement shall be
deemed and construed as binding solely between the parties and shall not be
deemed or construed as conferring any benefit or indemnification on behalf of any
third party. The obligations of this paragraph shall survive the expiration or
termination of this Agreement.
II. Term
This Agreement shall become effective as soon as signed by all parties and shall remain
in force until December 31, 2025, unless terminated earlier in accordance with its terms
herein.
III. Termination
This Agreement may be terminated by mutual consent of the parties. Notice of and
termination request must be given to the parties. An agreement to terminate must be in
writing, signed by the parties. Any such termination of the Agreement is without
prejudice to any obligations or liabilities of any party already accrued prior to such
termination.
IV. Amendment
Amendments to this Agreement may be proposed by any party upon written notice to the
other party, and such amendments shall become effective as soon as signed by all parties
hereto.
V. Notices
Any notices required hereunder shall be addressed as follows:
To the Alliance:
Becky Roark, Executive Director
Beaver Watershed Alliance
162 Doolin Dr.
Elkins, AR 72727
To City of Fayetteville:
Mayor Lioneld Jordan
City of Fayetteville
113 W Mountain Street
Fayetteville, AR 72701
CC: City of Fayetteville Engineering
125 W Mountain Street
Fayetteville, AR 72701
VI. Miscellaneous
A. The parties agree that they are not entering into a legal partnership, joint venture or other
such arrangement, nor is the purpose of the parties to enter into a commercial undertaking
for monetary gain. Nothing in this Agreement shall be construed to place a financial
commitment or obligation upon any of the parties beyond what is specifically stated
herein.
2
C. By the signing of this Agreement, the parties assure and certify that they will comply
with Title VI of the Civil Rights Act of 1964 (P-L88-352) and that in accordance with
that Act, no person in the United States shall, on grounds of race, color, or national origin
be excluded from participating in, be denied the benefits of, or be otherwise subject to
discrimination in this project.
D. The officials executing this Agreement hereby represent and warrant that they have full
and complete authority to act on behalf of their respective party and that the terms and
provisions hereof constitute valid and enforceable obligations of each.
E. This Agreement shall be interpreted and construed in accordance with the laws of the
State of Arkansas. With respect to any legal claim, the appropriate venue shall be in the
Washington County Circuit Court.
F. No transfer or assignment of this Agreement, or any part thereof or interest therein, shall
be made unless all of the parties first approve such transfer or assignment in writing.
G. This Agreement constitutes the entire agreement between the parties. There are no
understandings, agreements, or representations, oral or written, not specified within this
Agreement.
IN WITNESS WHEREOF, the parties hereto have caused their signatures to be set by their
authorized representative effective the date set forth below.
BEAVER WATERSHED ALLIANCE
gee-4- leea4lilg
Becky nark, Executive Director
5/5/23 [APPROVED
Date 6Y Becky R•edt•N:J9 pm, Mey O9, 1023
CITY QF FAYETTEVILLE,
ARKANSAS
eld Jordafi,/Mayor
Date: L I U 12-D-2-3
ATTEST:
0�ERK �17 '4*
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�.0 ,City Clerk-Trea�'�. CITY 'q�C'�
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF JUNE 6, 2023
CITY COUNCIL MEMO
2023-747
TO: Mayor Jordan and City Council
THRU: Chris Brown, Public Works Director
FROM: Alan Pugh, Staff Engineer
DATE:
SUBJECT: Approval of a Cost Share Agreement with the Beaver Watershed Alliance in the
amount of $190,000 for the installation of Low Impact Development (LID) features
within the Town Branch Watershed and associated with Elmhurst and McClinton
Drainage Improvement Project and approval of a budget adjustment.
RECOMMENDATION:
Staff recommends approval of a Cost Share Agreement with the Beaver Watershed Alliance in the amount of
$190,000 for the installation of Low Impact Development (LID) features within the Town Branch Watershed and
associated with Elmhurst and McClinton Drainage Improvement Project and approval of a budget adjustment.
BACKGROUND:
The City has partnered with the Beaver Watershed Alliance (BWA) for many years with regard to education
and grant opportunities in the Beaver Lake Watershed. BWA recently applied for $523,120 in grant funding
from the Arkansas Department of Agriculture — Natural Resources Division (ANRD) for the project "Smart
Growth for Source Water Protection in the Beaver Lake Watershed", (Project) in which they proposed to use
the grant funding for conservation best practices to improve water quality in the Beaver Lake watershed and to
provide related education to the public.
DISCUSSION:
A portion of the grant funds, up to $161,000 are allocated to install LID features on City owned property and
adjacent property located at E. Miracle Dr. This will include the installation of infiltration trenches, rain gardens
and other features to help slow and infiltrate water. This will be in conjunction with a planned detention area at
the corner of E Martin Luther King Jr Blvd and E Huntsville Ave. The grant will also include the installation of
educational signage and outreach projects.
BUDGET/STAFF IMPACT:
This project will be funded from the 2019 Drainage Bond Project.
ATTACHMENTS: 2023-747 SRF BWA 319 Grant, 2023-747 BA BWA 319 Grant, 2022-2025 COST SHARE
AGREEMENT MOA - Beaver Watershed Alliance - City of Fayetteville Project - city atty comment 4.19.23 v2,
2023-747 Elmhurst McClinton Detention and LID
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
== City of Fayetteville, Arkansas
Y 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
- Legislation Text
File #: 2023-747
Approval of a Cost Share Agreement with the Beaver Watershed Alliance in the amount of
$190,000 for the installation of Low Impact Development (LID) features within the Town Branch
Watershed and associated with Elmhurst and McClinton Drainage Improvement Project and
approval of a budget adjustment.
A RESOLUTION TO APPROVE A COST SHARE AGREEMENT WITH THE BEAVER
WATERSHED ALLIANCE FOR THE INSTALLATION OF LOW IMPACT DEVELOPMENT
FEATURES IN THE TOWN BRANCH WATERSHED ASSOCIATED WITH THE ELMHURST
AND MCCLINTON DRAINAGE IMPROVEMENT PROJECT WITH MATCHING FUNDS
PROVIDED BY THE CITY IN THE AMOUNT OF $190,000.00, AND TO APPROVE A BUDGET
ADJUSTMENT
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 a cost share agreement with the Beaver Watershed Alliance for the installation of low impact
development features on property near East Miracle Drive, within the Town Branch Watershed, and
associated with the Elmhurst and McClinton Drainage Improvement Project with matching funds
provided by the City in the amount of $190,000.00.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget
adjustment, a copy of which is attached to this Resolution.
Page 1
Chris Brown
Submitted By
City of Fayetteville Staff Review Form
2023-747
Item ID
6/6/2023
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
5/4/2023 ENGINEERING (621)
Submitted Date Division / Department
Action Recommendation:
Approval of a Cost Share Agreement with the Beaver Watershed Alliance in the amount of $190,000 for the
installation of Low Impact Development (LID) features within the Town Branch Watershed and associated with
Elmhurst and McClinton Drainage Improvement Project and approval of a budget adjustment.
4704.860.7420-5817.00
Account Number
46040.7420.1000
Project Number
Budgeted Item? Yes
Does item have a direct cost? Yes
Is a Budget Adjustment attached? Yes
Budget Impact:
4704-Drainage Projects (2022 Bonds)
Fund
Drainage Project (2019 Bonds) -
Elmhurst/McClinton
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$ 9,337,948.00
$ 2,186,441.76
7,151,506.24
$ 190,000.00
6,961,506.24
V20221130
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
City of Fayetteville, Arkansas - Budget Adjustment (Agenda)
Budget Year Division Adjustment Number
ENGINEERING (621)
/Org2
2023
Requestor: Chris Brown
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
approval of a Cost Share Agreement with the Beaver Watershed Alliance in the amount of $190,000 for the installation of
Low Impact Development (LID) features within the Town Branch Watershed and associated with Elmhurst and McClinton
Drainage Improvement Project and approval of a budget adjustment
COUNCIL DATE: 6/6/2023
ITEM ID#: 2023-747
Holly Black
51512023 7.50 RM
RESOLUTION/ORDINANCE
Budget Division Date
TYPE: D - (City Council)
JOURNAL #:
GLDATE:
CHKD/POSTED:
TOTAL
Account Number
- -
Increase / (Decrease)
Expense Revenue
Project.Sub#
Project Sub.Detl AT
v.2023223
Account Name
4704.860.7999-5899.00
(190,000) -
46040 7999 EX
Unallocated - Budget
4704.860.7420-5817.00
190,000 -
46040 7420.1000 EX
Improvements - Bridge & Drainage
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CONTACTS
ELECTRIC
CITY ENGINEER
SWEPCO
CITY OF FAYETTEVILLE
125 WEST MOUNTAIN ST.
TRONG (JOHN) LEE, DIST. ENGINEER
FAYETTEVILLE AR 72701
479-973-2426
CHRIS BROWN, CITY ENGINEER
the@aep.com
479-575-8206
cbrown@fayetteville-ar.gov
INTERNET/FIBER/CAB;E
COX COMMUNICATIONS
WATER AND SEWER
CITY OF FAYETTEVILLE
MICHEAL MOORE, CONST. PLANNER
2435 S. INDUSTRIAL DR.
479-717-3730
FAYETTEVILLE AR 72701
micheal.moore3@cox.com
COREY GRANDERSON
479-575-8386
CIVIL ENGINEERING CONSULTANT
cgranderson@fayetteville-ar.gov
McCLELLAND CONSULTING ENGINEERS
1580 E. STEARNS STREET
NATURAL GAS
FAYETTEVILLE AR 72703
BLACK HILLS ENERGY
ERIC ANDERSON
479-443-2377
BRAIAN DAVENPORT, GAS OPER. MANAGER
eanderson@mce.us.com
479-601-8372
brian.davenport@blackhillscorp.com
1133 E. HAROLD ST.
FAYETTEVILLE, AR
DIANA McKOWN
dm8486@att.com
St. Francis
Lee
Phillips
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40
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JOB NUMBER:
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19-2143
(IN FEET)
GRD-5
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