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HomeMy WebLinkAbout84-25 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 84-25 File Number: 2025-234 NATURAL STATE STREAMS (SERVICE AGREEMENT): A RESOLUTION TO WAIVE COMPETITIVE BIDDING AND APPROVE A ONE-YEAR MAINTENANCE CONTRACT WITH NATURAL STATE STREAMS, LLC IN THE AMOUNT OF $55,000.00 TO AID IN THE ESTABLISHMENT OF NATIVE VEGETATION AND PERFORM MINOR ADJUSTMENTS WITHIN THE STREAM WHEREAS, for several years staff have received concerns from landowners around the tributary that runs through Rocky Branch Park, specifically related to the loss of fencing and property damage associated with continued stream bank erosion and the bank erosion is also contributing to sediment loads that ultimately drain to the Illinois River and on to the Arkansas River; and WHEREAS, the City Council approved funding for a restoration project with the Illinois River Watershed Partnership, which was recently completed, and ongoing maintenance is critical to the success of the project; WHEREAS, as with stream restorations completed by the City in the past, staff recommends entering into a maintenance contract with the same company that constructed the restoration project because it is inherently more efficient as it is intimately familiar with all aspects of the restoration and can effectively perform any adjustments necessary to the structures that it constructed in the stream. 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 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 authorizes Mayor Rawn to sign a one-year maintenance contract with Natural State Streams, LLC in the amount of $55,000.00 to aid in the establishment of native vegetation and perform minor adjustments within the stream to ensure the continued success of the completed stream restoration. Page 1 Resolution: 84-25 File Number. 2025-234 PASSED and APPROVED on April 1, 2025 Approved: Molly Rawn, Mayor Attest: .......... IEI Kara Paxton, City Clerk Treasurer Page 2 CITY OF FAYETTEVILLE ARKANSAS MEETING OF APRIL 1, 2025 CITY COUNCIL MEMO TO: Mayor Rawn and City Council THRU: Chris Brown, Public Works Director FROM: Alan Pugh, Staff Engineer SUBJECT: NATURAL STATE STREAMS (SERVICE AGREEMENT): RECOMMENDATION: 2025-234 Staff recommends waiving competitive bidding and approval of a one-year maintenance contract with Natural State Streams, LLC in the amount of $55,000 to aid in the establishment of native vegetation and perform minor adjustments within the stream. BACKGROUND: For several years staff have received concerns from landowners around the tributary that runs through Rocky Branch Park. Specifically, these concerns are related to the loss of fencing and property damage associated with continued stream bank erosion. The bank erosion is also contributing to sediment loads that ultimately drain to the Illinois River and on to the Arkansas River. As a response to these concerns of bank erosion and sediment/pollutant loading, staff completed a Capital Improvement Project budgetary request for 2024 that was ultimately approved by Council. An agreement to partner with the Illinois River Watershed Partnership (IRWP) was also approved by Council and IRWP and the City contributed funding to the restoration project which was recently completed. DISCUSSION: As with any natural stream restoration, ongoing maintenance is critical to the success of the project. The construction and maintenance of native stream restoration involves specialized construction methods and few companies in the area are qualified in these techniques. As with stream restorations completed by the City in the past, staff is recommending that the same company that performed the construction also performs the ongoing maintenance. This is inherently more efficient as they are intimately familiar with all aspects of the restoration and can effectively perform any adjustments necessary to the structures that they constructed in the stream. This project consists of a one-year maintenance agreement with Natural State Streams, who constructed the project through an agreement with IRWP and in partnershp with the City. This would include items listed in the attached agreement that will ensure the establishment of the native vegetation and include minor adjustments to the structures as necessary. The cost appears to be reasonable when compared to what the City has paid in the past for the first year of maintenance on similar restorations. These maintenance periods generally extend to the first 3-5 years of the project and typically become less intense over that time. BUDGET/STAFF IMPACT: The Stormwater Quality Management/Nutrient Reduction project has been designated in part to fund projects Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 that improve stormwater quality in the City of Fayetteville and would be proposed as the source for a portion of the funds ($45,000). The remainder ($10,000) would come from the Parks Maintenance funding due to the fact the area is designated as a park. ATTACHMENTS: SRF (#3) , Natural State Streams Rocky Branch Maintenance (#4) 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 #: 2025-234 NATURAL STATE STREAMS (SERVICE AGREEMENT): A RESOLUTION TO WAIVE COMPETITIVE BIDDING AND APPROVE A ONE-YEAR MAINTENANCE CONTRACT WITH NATURAL STATE STREAMS, LLC IN THE AMOUNT OF $55,000.00 TO AID IN THE ESTABLISHMENT OF NATIVE VEGETATION AND PERFORM MINOR ADJUSTMENTS WITHIN THE STREAM WHEREAS, for several years staff have received concerns from landowners around the tributary that runs through Rocky Branch Park, specifically related to the loss of fencing and property damage associated with continued stream bank erosion and the bank erosion is also contributing to sediment loads that ultimately drain to the Illinois River and on to the Arkansas River; and WHEREAS, the City Council approved funding for a restoration project with the Illinois River Watershed Partnership, which was recently completed, and ongoing maintenance is critical to the success of the project; WHEREAS, as with stream restorations completed by the City in the past, staff recommends entering into a maintenance contract with the same company that constructed the restoration project because it is inherently more efficient as it is intimately familiar with all aspects of the restoration and can effectively perform any adjustments necessary to the structures that it constructed in the stream. 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 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 authorizes Mayor Rawn to sign a one-year maintenance contract with Natural State Streams, LLC in the amount of $55,000.00 to aid in the establishment of native vegetation and perform minor adjustments within the stream to ensure the continued success of the completed stream restoration. Page 1 Chris Brown Submitted By City of Fayetteville Staff Review Form 2025-234 Item ID 4/1/2025 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 3/4/2025 ENGINEERING (621) Submitted Date Division / Department Action Recommendation: A RESOLUTION TO WAIVE COMPETITIVE BIDDING AND APPROVE A ONE-YEAR MAINTENANCE CONTRACT WITH NATURAL STATE STREAMS, LLC IN THE AMOUNT OF $55,000.00 TO AID IN THE ESTABLISHMENT OF NATIVE VEGETATION AND PERFORM MINOR ADJUSTMENTS WITHIN THE STREAM Budget Impact: 4470.621.8810-5817.00 4470.521.8520-5806.00 Sales Tax Capital Improvement Account Number Fund 02097.1 Stormwater Quality Management; 15012.1 Natural Res Mgmt - Forestry and Habitat Impr Project Number Budgeted Item? Yes Does item have a direct cost? Yes Is a Budget Adjustment attached? No Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Project Title $ 358,069.00 $ 2,763.99 $ 355,305.01 $ 55,000.00 300,305.01 V20221130 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: THE CITY OF FAYETTEVILLE, ARKANSAS 2025 ROCKY BRANCH MAINTENANCE AGREEMENT STATE OFARKANSAS COUNTY OF WASHINGTON This Maintenance Agreement between the City of Fayetteville, Arkansas ("Fayetteville") and Natural State Streams, LLC ("NSS") is entered into for the purpose of maintaining a recently completed restoration project on a Tributary to Flynn Creek referred to as Rocky Branch. The subject stream is within a designated park area located with Brookbury Subdivision. For several years City staff have received concerns from landowners around the tributary related to the loss of fencing and property damage associated with continued stream bank erosion. The bank erosion contributed to sediment loads that ultimately drain to the Illinois River and on to the Arkansas River. As a response to these concerns of bank erosion and sediment/pollutant loading, the Fayetteville City Council allocated funding and approved an agreement, pursuant to Resolution 166-24, with the Illinois River Watershed Partnership (IRWP) to complete a restoration of the stream. IRWP engaged NSS to design and construct the restoration work which was completed in December 2024. Section I - Project Description This project consists of maintenance of the recently completed restoration project of Rocky Branch which was originally funded in part by the City of Fayetteville and in part by IRWP. The project consisted of the restoration of approximately 700 linear feet of stream located upstream of N Brookbury Crossing. The stream channel was restored, and the banks were armored with stone, toe wood, and native plantings. Ongoing maintenance of these features, native plants, and control of invasive plants is needed to ensure a successful project. In general, maintenance should occur for 5 years, between 2025-2029, until the project can be self-sufficient. The maintenance for the 2025 Calendar Year is described further below. Section II - Project Timeframe NSS will perform the work outlined in the Scope of Services from April 1, 2025 to December 31, 2025. Section III - Scope of Services 1. Perform routine inspections at least once a month to assess the condition of the restoration project. 2. Monitor potential issues such as: a. Dead or dying plant material that falls below the required survival threshold. b. Encroaching invasive vegetation. c. Malfunctioning or displaced structures/Erosion control material. d. Erosion or sedimentation concerns. 3. Perform Maintenance Activities THE CITY OF FAYETTEVILLE, ARKANSAS a. Remove encroaching invasive vegetation through cutting, herbicide application, and other necessary removal techniques. b. Patch or repair any minor issues in structures or erosion control materials. c. Water struggling plants during severe drought (if deemed necessary). 4. Submit inspection and maintenance reports quarterly 5. Submit recommendations for major repairs a. If significant structural issues or failures are identified, Natural State Streams will submit an official recommendation for proper repair. b. If funding under this agreement is insufficient for major repair work, the parties may negotiate a supplemental agreement or modification. Section IV - Fees and Payments NSS will perform the above -referenced Scope of Services for an amount not to exceed $55,000 for this agreement. Payments will be made monthly and requests for payment shall include an itemized breakdown of personnel working on the project and time spent on the project by each person. Receipts for any materials purchased in the performance of the work described in Section III for which NSS is requesting reimbursement shall be attached to requests for payment. Funding under this agreement is intended to cover labor and material costs associated with minor and routine maintenance of the site. Repair of damage to the project resulting from large infrequent flood events or from other significant structural issues or failures is generally not covered under this agreement and may be addressed through supplemental written agreements or modifications executed by the City and NSS. Section V — Conditions IT IS MUTUALLY AGREED AND UNDERSTOOD BY ALL PARTIES THAT: FREEDOM OF INFORMATION ACT (FOIA). This 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, NSS 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 NSS under this instrument is subject to the Freedom of Information Act. 2. MODIFICATION. Changes, modifications, or amendments in scope, price or fees to this agreement shall not be allowed without a prior formal contract amendment approved by the City in advance of the change in scope, cost or fees. 3. COMMENCEMENT/EXPIRATION DATE. The agreement is shall be effective from the date of the last signature until December 31, 2025. THE CITY OF FAYETTEVILLE, ARKANSAS 4. NONDISCRIMINATION. Neither party will discriminate against any person because of age, race, color, religion, sex, national origin, or disability. 5. LICENSING. NSS shall, at all times during the term of this agreement, maintain a valid Arkansas contractor's license with classifications for Grading & Drainage, and Excavation. Section VI - Agreement in Effect Except as amended specifically herein, this agreement shall remain in full force as originally approved. IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be duly executed as of the date and year first herein written. FOR THE CITY OF FAYETTEVILLE IN Mayor Molly A. Rawn Date: April 1, 2025 FOR NATURAL STATE STREAMS, LLC By: Josh D U z a n Owner Date: 2.28.2025 "AY Rlb, Attest: Kara Paxton, City Clerk Treasurer Witness: