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HomeMy WebLinkAbout158-09 RESOLUTIONRESOLUTION NO. 158-09 A RESOLUTION AUTHORIZING THE ENGINEERING DIVISION TO APPLY FOR AND ACCEPT A GRANT THROUGH THE NATURAL RESOURCES CONSERVATION SERVICE (NRCS) IN AN AMOUNT NOT TO EXCEED $27,000.00 FOR DEBRIS REMOVAL FROM STREAMS WITH FLOODING POTENTIAL DUE TO THE JANUARY 2009 ICE STORM; AND AUTHORIZING THE MAYOR TO EXECUTE A PROJECT AGREEMENT WITH THE NRCS AND ALL OTHER DOCUMENTS NECESSARY TO CARRY OUT THE PROJECT. 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 the Engineering Division to apply for a grant through the Natural Resources Conservation Service (NRCS) in an amount not to exceed $27,000.00 for debris removal from streams with flooding potential due to the January 2009 ice storm. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby authorizes the Mayor to execute a project agreement with the NRCS and all other documents necessary to catty out the project. PASSED and APPROVED this 21st day ofJuly, 2009. APPROVED: ATTEST: By: SONDRA E. SMITH, City Clerk/Treasurer /F41e„ 0;-• : FAYETTEVILLE: 77; • ii,c'.74-`-f Chris Brown Submitted By City of Fayetteville Staff Review Form City Council Agenda Items or Contracts July 21, 2009 City Council Meeting Date Engineering Division Action Required: Development Services Department A resolution to apply for and accept a grant through the Natural Resources Conservation Service (NRCS) for debris removal from streams with flooding potential due to the January ice storm and to authorize the mayor to execute a project agreement with NRCS and all other documents necessary for the project. 27,000.00 Cost of this request 5315 ,00 4270.92804444.00 Account Number 09010.0908 Project Number Budgeted Item 5,250,005.00 Category / Project Budget 4,642,941.79 Ice Storm FEMA/Stream Debris Program Category / Project Name Ice Storm FEMA Funds Used to Date Program / Project Category Name 607,063.21 Replacement Fund Remaining Balance Fund Name Budget Adjustment Attached k- Depa me t tor Date Finance and Internal Service Director 7 -g- Date ate ate Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Ccl.. Received in City Clerk's ) ' ENTERED Received in Mayor's Office Elly.g13 17(e01 Comments: ae ervlie CITY COUNCIL AGENDA City Council Meeting of July 21, 2009 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: July 1, 2009 Subject: A resolution to apply for and accept a grant through the Natural Resources Conservation Service (NRCS) for debris removal from streams with flooding potential due to the January ice storm and to authorize the mayor to execute a project agreement with NRCS and all other documents necessary for the project. RECOMMENDATION Staff recommends approval of a resolution to apply for and accept a grant through the Natural Resources Conservation Service for debris removal from streams with flooding potential due to the January ice storm in an amount not to exceed $27,000. BACKGROUND The NRCS through the Emergency Watershed Protection Program can assist communities with clean up from natural disasters. The City sent a letter dated May 11, 2009 to Kalven Trice, State Conservationist, requesting federal assistance to remove ice storm debris from streams. NRCS has informally notified staff that funding is available for the cleanup. The City submitted a list of ten sites to the NRCS who in turn evaluated each of these sites for eligibility in this program. The NRCS agreed that six of the sites meet their criteria which includes the potential for flood damage to roads or structures. The approved sites are: • Missouri Creek, upstream of Rolling Hills Drive, 700 ft • Hamestring Creek, from Porter Road to 1-540, 900 ft • Scull Creek, from Shiloh Drive to Van Asche Drive, 2000 ft • Scull Creek, upstream of Poplar Street, 1320 ft • Goose Creek, downstream of the wastewater treatment plant, 700 ft • College Branch, north of 11th Street to 15th Street, 1900 ft NRCS has estimated the project cost to be $107,000. Federal funding will supply 75% of the funding and the City 25% of the funding. Therefore, the City's portion is $27,000. DISCUSSION: The NRCS will be the contracting authority. They will prepare bid documents, submit for bids, and contract the work. The City is required to obtain "right of entry" documents from affected land owners and supply 25% of the funding for the work. There will be no work on the property of land owners who do not wish to participate. Council Agenda Request_Creek Debris Cleanup aye. eville ARKANSAS City Council Meeting of July 21, 2009 Upon receipt of this resolution, NRCS will prepare bid documents, take bids and prepare the project agreement with the City for signature by the mayor. BUDGET IMPACT There are funds available in the Ice Storm/FEMA Replacement Fund to do this project. The City's cost will not exceed $27,000 for this project. Council Agenda Request_Creek Debris Cleanup RESOLUTION NO. A RESOLUTION AUTHORIZING THE ENGINEERING DIVISION TO APPLY FOR AND ACCEPT A GRANT THROUGH THE NATURAL RESOURCES CONSERVATION SERVICE (NRCS) IN AN AMOUNT NOT TO EXCEED $27,000.00 FOR DEBRIS REMOVAL FROM STREAMS WITH FLOODING POTENTIAL DUE TO THE JANUARY 2009 ICE STORM; AND AUTHORIZING THE MAYOR TO EXECUTE A PROJECT AGREEMENT WITH THE NRCS AND ALL OTHER DOCUMENTS NECESSARY TO CARRY OUT THE PROJECT. 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 the Engineering Division to apply for a grant through the Natural Resources Conservation Service (NRCS) in an amount not to exceed $27,000.00 for debris removal from streams with flooding potential due to the January 2009 ice storm. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby authorizes the Mayor to execute a project agreement with the NRCS and all other documents necessary to carry out the project. PASSED and APPROVED this 21st day ofJuly, 2009. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer ARKANSAS ENGINEERING DIVISION CORRESPONDENCE 125 W. Mountain St, FayeWyllie, AR 72701 'releplione: (479) 575-8206 Fax: (479)575-8202 May 11, 2009 Mr. Kalven L. Trice State Conservationist Natural Resources Conservation Service 700 West Captitol Avenue Room 3416, Federal Building Little Rock, AR 72201 Dear Mr. Trice, We request federal assistance .from the Natural Resources Conservation Service, under provisions of the National Emergency Watershed Protection Program. Severe ice storm damage occurred in Washington County during January 26, 27, and 28, 2009. Washington County has been declared a disaster area by Arkansas Governor Mike Beebe and has been declared a Federal disaster area by President Obama. We need assistance with debris removal in channels and streams. The debris is a result of the January ice storm. 11 has reduced channel capacity and will cause flooding and a threat to bridges, structures, and homes. There are not sufficient local funds available to fund the work. We understand, as sponsors of an emergency watershed protection project, OM responsibilities will include acquiring land rights and permits needed to construct, and if required, to operate and maintain thc proposed measures. We are responsible to furnish the 25 percent local cost -share for the work. Any assistance you can provide to assist in this time of disaster will be greatly appreciated. Mayor C:WOCUME—IlpheckerY.0011S-1TemplX,PgrpwiseiNRCS.iissisroAce Rcquest Lmrino. State: Arkansas City of Fayetteville EWP A2reeinent No. 65-7103-9-1159 PROJECT AGREEMENT Between The CITY OF FAYETTEVILLE And The UNITED STATES DEPARTMENT OF' AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE AGREEMENT NO. 65-7103-9-1159 This Agreement is made by and between the City of Fayetteville, called the City, and the United States Department of Agriculture, Natural Resources Conservation Service, called NRCS. I. AUTHORITY NRCS authority to enter into this agreement is Public Law 81-516, Section 216, 33 U.S.C. 70Ib; Public Law 95-334, Section 403 of Title IV of the Agricultural Credit Act of 1978, 16 U.S.C. 2203; and 7 CFR Part 624 through which NRCS is authorized to assist the City in relieving hazards created by natural disasters that cause impairment of a watershed under the Emergency Watershed Protection Progyarn. II. PURPOSE The purpose of this agreement is to relieve the hazards represented by ice storm' January 26, 27, and 28, 2009. NRCS and the City will work cooperatively to remove channel debris in accordance with the specifications included in Attachment B. There will be six sites covered by this agreement, designated Fayetteville -02, Fayetteville -04, Fayetteville -05, Fayetteville -06, Fayetteville -07, and Fayetteville -10. The estimated total amount of this agreement is $98,400.00. NRCS shall contribute a maximum of 75 percent of the total cost and the City shall contribute a minimum of 25 percent. III. MUTUAL INTEREST NRCS and the City have a mutual interest in alleviating impairment to watersheds within Washington County as a result of the January 2009 natural disaster. The delivery of selected alleviation measures will be accelerated through the combined resources of NRCS and the City. State: Arkansas City (A -Fayetteville EWP Agreement No. 65-7103-9-1159 IV. RESPONSIBILITIES A. The City Will: Provide a minimum of 25 percent of the cost of the work included in the agreement. This cost is estimated to be $24,600.00. The City's share of the cost shall be provided with cash contributions. Within seven (7) days of notification of execution of this agreement (through receipt of the final signed copy), the City will submit a check, made payable to NRCS, to the NRCS administrative liaison at the address listed in Section IV.B.5. in the amount of $24,600.00. Any adjustments necessary, as determined by the final project cost, will be made at the conclusion of the project. To facilitate these adjustments, the City will submit to the NRCS administrative liaison, with its check, Form W9 Request for Taxpayer Identification Number and Certification and Standard Form 1199A, Direct Deposit Sign -Up Fonn. 2. Secure all land and water rights, permits, and licenses necessary for the work included in this agreement. Certify land rights have been obtained by submitting, to the NRCS administrative liaison, a completed ADS -78, Assurances Related to Real Property Acquisition, prior to any other work on the project. 3. Accept all financial and other responsibility for excess costs resulting from their failure to obtain or their delay in obtaining adequate land rights, permits and licenses needed for the work included in this agreement. 4. Maintain and provide to NRCS records to support the value of the non-cash contributions provided under this agreement. These records shall be submitted to NRCS immediately following the conclusion of the project. In the event the value of non-cash contributions does not equal a minimum of 25 percent of the total project cost, the City will provide the necessary funds to NRCS to •meet the 25 percent minimum within 30 calendar days of a request for payment. 5. Comply with Attachment A, Special Provisions. 6. Provide the following as liaisons: Name: Terry Gulley Dir. of Transportation Services Address: 125 W. Mountain Street Fayetteville, AR 72701 Tel. No.: (479) 444-3491 Fax No.: (479) 444-3490 E-mail: tvileAgei.fayetteville.ar.us Kern Wimberly Engineering Div. 125 W. Mountain Street Fayetteville, AR 72701 (479) 444-3415 (479) 575-8202 kwimberi6y@ci.fayeitevil1e.ar.us 2 State: Arkansas City of FayetteVille EWP Agreement No. 65-7103-9- 159 B. NRCS Will: 1. Provide a maximum of 75 percent of the cost of the work included in this agreement. This cost to NRCS is estimated to be $73,800.00. 2. Contract for the equipment and labor required for channel clearing, shaping and excavation in accordance with Federal contracting procedures and according to the specifications included in Attachment B. 3. Provide authorized technical services, including, but not limited to, obtaining basic information; preparation of contracts, drawings and designs; contract administration; inspection and quality assurance during installation. 4. Arrange for and conduct final inspection of the completed work to determine whether all work was performed in accordance with contractual requirements. Accept work from the contractor and notify the City of acceptance. 5. Provide the following as liaisons: Technical Administrative Name: Mr. Stanley Mathis Ms. Holly Anderson Address: NRCS NRCS 3913 Brooken Hill Drive Room 3416, Federal Bldg. Suite 500 700 West Capitol Avenue Fort Smith, AR 72404 Little Rock, AR 72201 Telephone No: (479) 646-8300 ext 137 (501) 301-3154 Facsimile No: (479) 646-2691 (501) 301-3188 Email Address: stanIdy.mathis@ar.usda.gov holly.Landerson@ar.usda.gov C. It is mutually agreed: 1. This agreement is effective upon final signature and remains effective until December 1, 2009. 2. This agreement may be amended in writing by mutual consent of the parties to this agreement. 3. In the event of default, any additional funds required to ensure completion of the job will be provided in the same ratio as funds are contributed by the parties under the terms of this agreement; and any excess costs collected from the defaulting contractor or their surety are to be prorated between the City and 3 State: Arkansas City of Fayetteville EWP Agreement No. 65-7103-9-1159 NRCS under the same ratio as funds are contributed under the terms of this agreement. 4. This agreement may be temporarily suspended by NRCS if NRCS determines that corrective action by the City is needed to meet the provisions of this agreement. Further, NRCS may suspend this agreement when it is evident that a termination is pending. 5. This agreement may be terminated by either party by written notice to the other party or parties at least 30 days in advance of the effective date of the termination. 6. NRCS may terminate this agreement in whole or in part if NRCS determines the City has failed to comply with any of the conditions of this agreement. NRCS shall promptly notify the City in writing of the determination and reasons for the termination, together with the effective date. Payments made by or recoveries made by NRCS under this termination shall be in accord with the legal rights and liabilities of NRCS and the City. 7. Employees of the City shall remain its employees while carrying out their duties under this agreement and shall not be considered as Federal employees or agents of the United States for any purpose under this agreement. 8. Employees of NRCS shall participate in efforts under this agreement solely as representatives of NRCS. To this end, they shall not participate as directors, officers, employees, or otherwise serve or hold themselves out as representatives of the City or any member entity. They also shall not assist the City or any member entity with efforts to lobby Congress, or to raise money through fundraising efforts. Further, NRCS employees shall report to their immediate supervisor any negotiations with the City or any member entity, concerning future employment and shall refrain from participation in efforts regarding such party until approved by the Agency. 9. The furnishing of financial aid and other assistance by NRCS is contingent upon funds appropriated by Congress, made administratively available, or authorized by law. 10. Privacy of personal information relating to Natural Resources Conservation Service Programs will be in accordance with Section 1619 of the Food, Conservation and Energy Act of 2008. 4 State: Arkansas City of Fayetteville EWP Agreement No. 65-7103-9-1159 By signing this agreement, the City assures the NRCS that the program or activities provided for under this agreement will be conducted in compliance with all applicable Federal civil rights laws, rules, regulations and policies. 12. As a condition of this agreement, the City assures and certifies that it is in compliance with, and will comply in the course of this agreement with, all applicable laws, regulations, executive orders, and other generally applicable requirements. CITY OF FAYEfTEVILLE By: Title: Mayor Date: 00 U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE By: Title: State Conservationist Date: Attachment A Attachment B — Attachment C — Attachment D — Special Provisions Plan of Operations and Specifications ADS -78, Assurances Related to Real Property Acquisition — Site Maps 5 State: Arkansas City of Fayetteville EW1? Agreement No. 65-7103-9-1159 ATTACHMENT A - SPECIAL PROVISIONS I. DRUG-FREE WORKPLACE CERTIFICATION II. CERTIFICATION REGARDING LOBBYING III. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS - PRIMARY COVERED TRANSACTIONS IV. CLEAN AIR AND WATER CERTIFICATION V. ASSURANCES AND COMPLIANCE VI. EXAMINATION OF RECORDS 6 State: Arkansas City of Fayetteville EWP Agreement No. 65-7103-9-1159 ATTACHMENT A - SPECIAL PROVISIONS The partner agrees to comply with the following special provisions which are hereby attached to this agreement. 1. Drug -Free Workplace By signing this agreement, the partner is providing the certification set out below. lf it is later determined that the partner knowingly rendered a false certification, or otherwise violates the requirements of the Drug -Free Workplace Act, the NRCS, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug -Free Workplace Act. Controlled substance means a controlled substance in Schedules 1 through V of the Controlled Substances Act (21 U.S.C. 812) and as further defined by regulation (21 CFR 1308.11 through 1308.15); Conviction means a finding of (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to deterinine violations of the Federal or State criminal drug statutes; Criminal drug statute means a Federal or non -Federal criminal statute involving the manufacturing, distribution, dispensing, use, or possession of any controlled substance; Employee means the employee of a grantee directly engaged in the performance of work under grant, including: (i) All direct charge employees; (ii) All indirect charge employees unless their impact or involvement is insignificant to the performance of the grant; and, (iii) Temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are on the grantee's payroll. This definition does not include workers not on the payroll of the grantee (e.g., volunteers, even if used to meet a matching requirements; consultants or independent contractors not on the grantees' payroll; or employees of subrecipients or subcontractors in covered workplaces). Certification: A. The partner certifies that it will or will continue to provide a drug-free workplace by— (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an ongoing drug-free awareness program to inform employees about— (1) The danger of drug abuse in the workplace; 7 State: Arkansas City of Fayetteville EWP Agreement No. 65-7103-9-1159 (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will— (1) Abide by the temis of the statement; and (2) Notify the employer in writing (Allis or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such a conviction; (e) Notifying NRCS in writing, within ten calendar days after receiving notice under paragraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; (0 Taking one of the following actions, within 30 calendar days of receiving notice under paragraph (d)(2), with respect to any employee who is so convicted— (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f); (h) Agencies shall keep the original of all disclosure reports in the official files of the agency. A. The recipient may provide a list of the site(s) for the performance of work done in connection with a specific project or other agreement. 8 State: Arkansas City of Fayetteville EWP Agreement No. 65-7103-9-1159 11. Certification Regarding Lobbying (7 CFR 3018) (Applicable if this agreement exceeds $100,000) Not Applicable 111. Certification Regarding Debarment, Suspension, and Other Responsibility matters - Primary Covered Transactions, (7 CFR 3017) (1) The partner certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or perfon-ning a public (Federal, state or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal has one or more public transactions (Federal, State or local) terminated for cause or default. (2) Where the primary recipient is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this agreement. 1V. Clean Air and Water Certification (Applicable if this agreement exceeds $100,000, or a facility to be used has been the subject of a conviction under the Clean Air Act (42 U.S.C. 1857c -8(c) (1) or the Federal Water Pollution Control Act (33 U.S.C. 1319(c)) and is listed by EPA, or is not otherwise exempt.) Not Applicable V. Assurances and Compliance As a condition of the agreement, the partner assures and certifies that it is in compliance with and will comply in the course of the agreement with all applicable laws, regulations, Executive Orders and other generally applicable requirements, including those set out in 7 CFR 3015, 3016, 3017, 3018, 3019, and 3052 which hereby are incorporated in this 9 State: Arkansas City of Fayetteville EWP Agreement No. 65-7103-9-1159 agreement by reference, and such other statutory provisions as are specifically set forth herein. VI. Examination of Records Give the NRCS or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to this agreement. Retain all records related to this agreement for a period of three years after completion of the terms of this agreement in accordance with the applicable OMB Circular. 10 State: Arkansas City of Fayetteville EWP Agreement No. 65-7103-9-1159 ATTACHMENT B PLAN OF OPERATIONS AND SPECIFICATIONS Channel Clearing and Obstruction Removal 1. Scope The work consists of clearing designated areas by the removal and disposal of damaged trees, logs, stumps, shrubs, brush, sediment, foreign materials, ice storm debris and other flow obstructions from within the work limits of the designated channel. Access Access shall be designated by the Contracting Officer unless alternate routes are obtained by the Contractor and approved by the Contracting Officer. 3. Marking Each end of each reach of stream and its tributaries designated for obstruction removal will be referenced to easily identified roads or other structures or landmarks or be marked by the Contracting Officer by means of stakes, flags, or other suitable markers. 4. Removal Flow obstructions shall be removed by methods including, but not limited to, sawing, cabling, winching, lifting, or dragging. Excavation shall be limited to that necessary for stump removal. The following guidelines will be used to determine which trees, stumps, and brush to remove. The final determination will be made by the Contracting Officer. a. All downed trees, brush, limbs, tops, vines, other washed -in woody vegetative materials, and ice storm debris lying completely or partially within the work limits shall be removed. b. Undermined or storm damaged trees within or outside the banks and within the work limits which are still standing but likely to fall into the stream and ice storm debris that will be washed into the stream from rainfall and runoff shall be removed. c. Stumps of downed or undermined trees within the work limits shall be removed. 5. Disposal Natural woody and other vegetative debris removed from within the work limits shall be transported to an approved disposal site. Contractor is responsible for obtaining disposal site and transporting debris to approved disposal site. 11 State: Arkansas City of Fayetteville EWP Agreement No. 65-7101-9-1159 6. Special Requirements No roadways are to be constructed in the work areas. AN ruts created by Contractor shall be leveled after construction. No grading for equipment to work or benching of the valley sides will be permitted without the concurrence of the Contracting Officer. All Saw cuts shall be made as close to ground level as the cutting tools will permit. The Contractor shall take reasonable precautions to prevent further damage to the streams and its environment to include stream banks, fishery resources, and undamaged trees. The Contractor shall provide tanks or barrels to be used for off-site disposal of chemical pollutants such as drained lubricating or transmission oils, greases, etc. produced as a by product of this work. Washing, fueling, or servicing of equipment shall be avoided where spillage or wash water can enter the watercourse. The Contractor shall not routinely operate heavy equipment such as crawler tractors and tracked backhoes within flowing streams. Any operation of heavy equipment within the banks of the watercourse must be approved by the Contracting Officer. The number of stream crossings shall be kept to a minimum. Materials used to form stream crossings shall be removed once the work for the subject reach is completed. The Contractor shall backfill holes in the channels and channel banks resulting from stump removal in residential and other landscaped areas. Backfill shall be the best fill material available from within the channel area and within fifty (50) feet of the stump hole. Fences which must be cut or removed for access shall be repaired or replaced by the Contractor at his expense to equal or exceed the quality of fencing that was in place prior to cutting or removal. The Contractor shall take all reasonable precautions to prevent further damage to structures, utilities, or other fixed improvements and shall promptly repair or replace any such improvements damaged by his operations. 7_ Seeding and Mulching Method 1 -Seeding Only All areas disturbed during construction shall be seeded. Fertilizer shall be uniformly applied at the rate of 300 pounds of 13-13-13, or with seeding equivalent, per acre. Fertilizer shall be applied prior to seeding. The following treatment will be used for all areas: Bermuda Grass — 5 pounds of seed with a minimum of 80 percent pure live seed, or equivalent, per acre. Ryegrass - 20 pounds of seed with a minimum of 85.5 percent pure live seed, or equivalent, per acre. Seed mixtures shall be sown with a broadcast seeder, grassland drill, or other methods that will obtain a uniform distribution of seed and provide about Yd inch cover. Seedbed will be left firm by using a drag or roller. 12 State: Arkansas C:ity of Fayetteville EWP Agreement No. 65-7103-9-1159 Method 2 -Seeding and Mulching AO areas disturbed during construction shall be seeded and mulched. Fertilizer shall be uniformly applied at the rate of 300 pounds of 13-13-13, or with seeding equivalent, per acre. Fertilizer shall be applied prior to seeding. The following treatment will be used for all areas: Bermuda Grass – 5 pounds of seed with a minimum of 80 percent pure live seed, or equivalent, per acre. Ryegrass - 20 pounds of seed with a minimum of 85.5 percent pure live seed, or equivalent, per acre. Seed mixtures shall be sown with a broadcast seeder, grassland drill, or other methods that will obtain a uniform distribution of seed and provide about 1/4 inch cover. Seedbed will be left firm by using a drag or roller. Mulch shall be wheat or small grain straw. Mulch shall be uniformly applied over the specified area at the rate of 2 tons per acre by any desired method. 8. Measurement and payment Method 1—For items of work for which specific unit prices are established by the contract, the designated cleared area is measured and the area determined to the nearest 0.1 acre. Payment for clearing is made at the contract unit price for the item and shall constitute full compensation for all labor, equipment, tools, applicable permits and associated fees for burning and disposal of refuse, and all other items necessary and incidental to the satisfactory completion of the work. Method 2—For items of work for which specific unit prices are established by the contract, the length of the cleared channel designated is measured to the nearest 100 feet. Payment for clearing is made at the contract unit price for the item and shall constitute full compensation for all labor, equipment, tools, applicable permits and associated fees for burning and disposal of refuse, and all other items necessary and incidental to the satisfactory performance of the work. Method 3—For items of work for which specific unit prices are established by the contract, the cleared area(s) is measured and the area determined to the nearest 0.1 acre. The designated cleared area(s) is determined from the measured width at representative sections and the distance between the sections. Payment for clearing is made at the contract unit price for the item and shall constitute full compensation for all labor, equipment, tools, applicable permits and associated fees for burning and disposal of refuse, and all other items necessary and incidental to the satisfactory completion of the work. Method 4—For items of work for which specific lump sum prices are established by the contract, the extent of clearing is not measured or determined for payment. Payment for clearing is made at the contract lump sum price for the item and shall constitute full compensation for all labor, equipment, tools, applicable permits and associated fees for burning and disposal of refuse, and all other items necessary and incidental to the satisfactory completion of the work. 13