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HomeMy WebLinkAbout30-24 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 30-24 File Number: 2023-1553 HAMESTRING CREEK AND TRIBUTARIES (GRANT APPLICATIONS): A RESOLUTION TO AUTHORIZE APPLICATIONS FOR MATCHING GRANTS FOR THE HAMESTRING CREEK AND TRIBUTARIES FLOOD MITIGATION EFFORTS WHEREAS, on June 6, 2023, the City Council approved Resolution No. 139-23 authorizing a contract with Freese & Nichols, Inc. to research potential options to reduce flooding in the Hamestring repetitive loss area, including aiding the City in the production of a grant application to seek funds for scoping and implementation of the most feasible solution; and WHEREAS, potential solutions have been identified and staff recommends submitting requests for funding through the Flood Mitigation Assistance program, Building Resilient Infrastructure and Communities program, and from the Arkansas Department of Emergency Management. 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 the Mayor to submit snatching grant applications for funding from the federal Flood Mitigation Assistance program and Building Resilient Infrastructure and Communities program, as well as state funding available through the Arkansas Department of Emergency Management for the Hamestring Creek and tributaries flood mitigation efforts. PASSED and APPROVED on January 18, 2024 Attest: .F _ �; • C,\T Y n� •gS�zoi,� Kara Paxton, City -Cfdk Treasur(i -AYE I i Page 1 CITY OF FAYETTEVILLE ARKANSAS MEETING OF JANUARY 18, 2024 CITY COUNCIL MEMO 2023-1553 TO: Mayor Jordan and City Council THRU: Chris Brown, Public Works Director FROM: Alan Pugh, Staff Engineer DATE: SUBJECT: Approval to submit grant applications to multiple agencies for further scoping of the Hamestring Creek and tributaries flood mitigation. RECOMMENDATION: Staff recommends approval to submit grant applications to multiple agencies for further scoping of the Hamestring Creek and tributaries flood mitigation. BACKGROUND: Due to continued flooding and in response to the May 2017 flood event, the City Council approved a contract with FTN Associates in May of 2020 in order to research potential solutions to the flooding in the Hamestring repetitive loss area (RLA). This study looked at several options including upstream detention and channel improvements to determine if the flooding could be alleviated. This study ultimately did not yield any feasible results. As a follow up to this initial study, the City Council approved a contract with Freese and Nichols in June of 2023 to further research potential options to reduce flooding. As a portion of this contract, Freese and Nichols was tasked with aiding the in the production of a grant application to seek funds for scoping and ultimately implementation of the most feasible solution. DISCUSSION: The study portion of the contract has been performed and has identified two potential solutions. These would include buyout of structures or detention areas in the upstream portions of the watershed or a combination of both. Some additional scenarios were uncovered during the analysis which would include combining many different potential solutions. In order to move forward, the City intends to seek grant funding to finalize the scoping and begin to seek funds to implement the most feasible solution. With the grant the City also intends to seek reimbursement for a portion of the funds already allocated to the project. The intent is to submit for Flood Mitigation Assistance (FMA) funding with the Arkansas Natural Resources Division, Building Resilient Infrastructure and Communities (BRIC) and state funding with the Arkansas Department of Emergency Management. The FMA and BRIC grants are ultimately submitted to the Federal Emergency Management Agency for review and are nationally competitive while the state mitigation grants are decided upon at a state level. BUDGET/STAFF IMPACT: The total amount of grant funding being requested would be approximately $400,000 which would include approximately $250,000 of additional scoping and the previously allocated $151,420 the City has already Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 allocated toward the project. The total match for the grant is anticipated to be approximately $100,000. However, it is not anticipated that additional funding from the City would be required at this time for the FMA and BRIC grants as the previous allocation would cover the required matching funds. if additional funds are required, the anticipated source would be either the 2019 Drainage Bond or Capital Improvement Program funds. ATTACHMENTS: SRF (#3), 164-20 Resolution (#4), 139-23 RESOLUTION (#5) 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 #: 2023-1553 Approval to submit grant applications to multiple agencies for further scoping of the Hamestring Creek and tributaries flood mitigation. A RESOLUTION TO AUTHORIZE APPLICATIONS FOR MATCHING GRANTS FOR THE HAMESTRING CREEK AND TRIBUTARIES FLOOD MITIGATION EFFORTS WHEREAS, on June 6, 2023, the City Council approved Resolution No. 139-23 authorizing a contract with Freese & Nichols, Inc. to research potential options to reduce flooding in the Hamestring repetitive loss area, including aiding the City in the production of a grant application to seek funds for scoping and implementation of the most feasible solution; and WHEREAS, potential solutions have been identified and staff recommends submitting requests for funding through the Flood Mitigation Assistance program, Building Resilient Infrastructure and Communities program, and from the Arkansas Department of Emergency Management. 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 the Mayor to submit matching grant applications for funding from the federal Flood Mitigation Assistance program and Building Resilient Infrastructure and Communities program, as well as state funding available through the Arkansas Department of Emergency Management for the Hamestring Creek and tributaries flood mitigation efforts. Page 1 Chris Brown Submitted By City of Fayetteville Staff Review Form 2023-1553 Item ID 1/16/2024 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 12/21/2023 ENGINEERING (621) Submitted Date Division / Department Action Recommendation: Approval to submit grant applications to multiple agencies for further scoping of the Hamestring Creek and tributaries flood mitigation. Account Number Project Number Budgeted Item? No Does item have a direct cost? No Is a Budget Adjustment attached? No Budget Impact: Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Fund Project Title $ V20221130 Purchase Order Number: Previous Ordinance or Resolution # 164-20; 139-23 Change Order Number: Approval Date: Original Contract Number: Comments: VOF A ^'K.a 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 164-20 File Number: 2020-0449 RFQ #20-01 FTN ASSOCIATES, LTD.: A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH FTN ASSOCIATES, LTD., PURSUANT TO RFQ #20-01, IN THE AMOUNT OF $78,500.00 FOR THE ANALYSIS OF HAMESTRING CREEK, HAMESTRING CREEK TRIBUTARY 3, AND THE SOUTH FORK HAMESTRING CREEK FOR POTENTIAL IMPROVEMENTS TO HELP ALLEVIATE FLOODING 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 approves a professional engineering services agreement with FTN Associates, Ltd., pursuant to RFQ #20-01, Selection #7 in the amount of $78,500.00 for the analysis of Hamestring Creek, Hamestring Creek Tributary 3, and the South Fork Hamestring Creek for potential improvements to help alleviate flooding in the area. PASSED and APPROVED on 6/16/2020 Attest: ER K' ��\'�.•' CITY O':�yJ'L: n� Kara Paxton, City Clerk Treasured AYE77����LE �z '�sy NSNC3 %";4q ION' i 0' ,N````�� Page 1 Printed on 4M7/20 City of Fayetteville, Arkansas 113 West Mountain Street �1 \` Fayetteville, AR 72701 (479) 575-8323 �• i �- Text File File Number: 2020-0449 Agenda Date: 6/16/2020 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 3 RFQ #20-01 FTN ASSOCIATES, LTD.: A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH FTN ASSOCIATES, LTD., PURSUANT TO RFQ #20-01, IN THE AMOUNT OF $78,500.00 FOR THE ANALYSIS OF HAMESTRING CREEK, HAMESTRING CREEK TRIBUTARY 3, AND THE SOUTH FORK HAMESTRING CREEK FOR POTENTIAL IMPROVEMENTS TO HELP ALLEVIATE FLOODING 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 approves a professional engineering services agreement with FTN Associates, Ltd., pursuant to RFQ #20-01, Selection #7 in the amount of $78,500.00 for the analysis of Hamestring Creek, Hamestring Creek Tributary 3, and the South Fork Hamestring Creek for potential improvements to help alleviate flooding in the area. City of Fayetteville, Arkansas Page 1 Primed on 611712020 City of Fayetteville Staff Review Form 2020-0449 Legistar File ID 6/16/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Chris Brown 5/28/2020 ENGINEERING (621) Submitted By Submitted Date Division / Department Action Recommendation: Approval of a professional services agreement with FTN Associates Ltd, pursuant to RFQ 20-01 Selection #7, in the total amount of $78,500.00 for analysis of Hamestring Creek (HSC), Hamestring Creek Tributary 3 (HS3) and the South Fork Hamestring Creek (SFHSC) for potential improvements to help alleviate flooding in the area. Budget Impact: 4470.621.8810-5314.00 Sales Tax Capital Improvement Account Number Fund 02108.2002 Other Drainage Improvements; Clabber Creek Flood Study 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: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 82,000.00 $ 82,000.00 $ 78,500.00 $ 3,500.00 Previous Ordinance or Resolution # Approval Date: V20180321 CITY OF FAYETTEVILLE ARKANSAS MEETING OF JUNE 16, 2020 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Garner Stoll, Development Services Director Chris Brown, City Engineer FROM: Alan Pugh, Staff Engineer DATE: May 27, 2020 CITY COUNCIL MEMO SUBJECT: Approval of a professional services agreement with FTN Associates Ltd, pursuant to RFQ 20-01 Selection #7, in the total amount of $78,500.00 for analysis of Hamestring Creek (HSC), Hamestring Creek Tributary 3 (HS3) and the South Fork Hamestring Creek (SFHSC) for potential improvements to help alleviate flooding in the area. RECOMMENDATION: Staff recommends approval of a professional services agreement with FTN Associates Ltd, pursuant to RFQ 20-01 Selection #7, in the total amount of $78,500.00 for analysis of Hamestring Creek (HSC), Hamestring Creek Tributary 3 (HS3) and the South Fork Hamestring Creek (SFHSC) for potential improvements to help alleviate flooding in the area. BACKGROUND: There is a history of flooding within the Hamestring Creek watershed, most of which is upstream of 1-49. In particular the areas include the West End Apartments, homes along W Valley Drive, W Hatfield St, W Holley Street and W Lawson Street. These areas have multiple homes that have flooded on several occasions including the 2011 and 2017 flood events. The potential redevelopment of Lewis Fields also lies within the headwaters of HS3. DISCUSSION: As stated, growth in this area continues with many homes already being impacted negatively by flooding. Given the history of flooding within multiple areas, staff felt it important to look at the overall system to determine how the stream segments interact with one another. For this reason, multiple streams segments are included within the proposed study as well as several areas of potential detention to determine if peak flows can be substantially reduced. As solutions for the existing flooding and future modifications are determined, funding can then begin to be identified for the necessary improvements. BUDGET/STAFF IMPACT: The proposed cost of the flood analysis is proposed to be taken from 02108.1, other drainage Improvements. Attachments: Contract for services Vicinity Map Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Hamestring Creek Flood Mitigation Study c r C N HSC SFHC HCi Deai,F St HS3 Lewis Sm [et complex W Afntlnt �urnfurt lrF! a a Q � a �n G 2 J Wedington (fit Cleveland St i y� dtrlEodcic., d JStadiu Maokhant Rd �l Clicf Fayettevill4,AR 5/27/2020. 1 11 48 PM 1.18,056 0 0.15 03 06mi �I n r I ITI I I I t� 0 0,25 05 1 km The data contained herein was compled from venous sources fa the sole use and benefit of be Cdy of FayetteAe Geographe Inform— System and the pub! agences it serves Any use of the data by anyone other than the City of Fayet—le s al the sale nsk of the and b/ acceptance of thus data, the user dam herebyagree to i,dem,fy be City of Fayettewle and hold! b City of Fayettewle harmless from and wdhout Yablsy for any claims. actions, cost for damages of arty nature. rock d,g be cib's cost of defense. asserted by u a by another are eng Ira, the use of the data The CM of Fayetterlle makes ne express or �mpled wrranteeswi it r0erence to the data No word. phase. a clause found he_ sh al be co r6twed to wary a the tort immu n dy set forth under Arkansas lae tn ater resources I environmental consultants 124 W Sunbridge Drive, Suite 3 • Fayetteville, AR 727039 (479) 571-3334• FAX (4 791571-3338 May 26, 2020 apugh@fayetteville-ar.gov Mr. Alan Pugh, PE, CFM City of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 RE: Proposal for Hamestring Watershed Analysis and Mitigation Alternatives along Hamestring Creek, Hamestring Creek Tributary 3, and South Fork Hamestring Creek FTN No. P04370-2365-001 Dear Mr. Pugh: In response to your request, FTN Associates, Ltd. (FTN) appreciates the opportunity to submit the following proposal to provide professional engineering services related to the development of hydrologic and hydraulic analyses and flood mitigation alternatives in the upper Hamestring Creek watershed, specifically along Hamestring Creek (HSC) from the downstream side of Interstate 49 up to the current effective FEMA Flood Insurance Rate Map Limit of Study, Hamestring Creek Tributary 3 (HS-3) from its confluence with HSC upstream to Lewis Park, and South Fork Hamestring Creek (SFHC) from its confluence with HSC upstream to Wedington Drive, located in the City of Fayetteville, Washington County, Arkansas (the Project). Our Basic Services will generally consist of acquiring and processing field survey data and existing topographic data, acquiring and reviewing existing hydrologic, hydraulic, and storm sewer inventory data, performing hydrologic and hydraulic modeling, and evaluating results of conceptual -level alternatives to reduce flood extents and elevations for the Project area, all as set forth in the printed Scope of Work for Basic Services included as Appendix A to the terms of the Agreement for Professional Engineering Services Between City of Fayetteville, Arkansas, and FTN Associates, Ltd. (the Agreement). We will also furnish such Additional Services as you may request. Subsequent phases of the Project will be addressed in the future once the results of the analysis and alternatives are known. We expect to start our services promptly after receipt of your acceptance of this proposal and written authorization to proceed. We anticipate these Basic Services will require approximately 8 months to complete following the approval of authorization to proceed. Additional information regarding the project schedule and deliverables is provided as Appendix B to the Agreement. Corporate Office: 3 Innwood Circle, Suite 220-Little Rock, AR 72211-Phone (501-225-7779-Fax (501-225-6738 Regional Offices: Fayetteville, AR; Baton Rouge, LA; Chesterfield, MO-www.ftn-assoc.com-ftn@ftn-assoc.com Mr. Alan Pugh, PE, CFM May 26, 2020 Page 2 This proposal, which includes the Agreement and associated appendices, represents the entire understanding between you and us with respect to the Project and may only be modified in writing signed by both of us. This proposal will be open for acceptance until July 3, 2020, unless changed by us in writing. We appreciate the opportunity to work with you on this Project. Please do not hesitate to call me or Lee Beshoner, PE, CFM at (479) 571-3334 if you have any questions relating to this proposal or additional services offered by FTN. Respectfully submitted, FTN ASSOCIATES, LTD. �1/iItci" 4.:- eeJ6�9 Mr. Travis B. Scott, PE, PG, CFM Project Manager TBS/kae Attachments S:\PROPOSALS\04370-2365-001\FINAL\REVISED\2020-05-26 FTN PROP COF-H & H ANALYSIS.DOCX =Ztn AGREEMENT For PROFESSIONAL ENGINEERING SERVICES Between CITY OF FAYETTEVILLE, ARKANSAS And ENGINEER THIS AGREEMENT is made as of June 2, 2020, by and between City of Fayetteville, Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE) and FTN Associates, Ltd. (hereinafter called ENGINEER). CITY OF FAYETTEVILLE from time to time requires professional engineering services in connection with the evaluation, design, and/or construction supervision of capital improvement projects. Therefore, CITY OF FAYETTEVILLE and ENGINEER in consideration of their mutual covenants agree as follows: ENGINEER shall serve as CITY OF FAYETTEVILLE's professional engineering consultant in those assignments to which this Agreement applies, and shall give consultation and advice to CITY OF FAYETTEVILLE during the performance of ENGINEER's services. All services shall be performed under the direction of a professional engineer registered in the State of Arkansas and qualified in the particular field. SECTION 1 - AUTHORIZATION OF SERVICES 1.1 Services on any assignment shall be undertaken only upon written Authorization of CITY OF FAYETTEVILLE and agreement of ENGINEER. 1.2 Assignments may include services described hereafter as Basic Services or as Additional Services of ENGINEER. 1.3 Changes, modifications or amendments in scope, price or fees to this contract shall not be allowed without a formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, costs, fees, or delivery schedule. SECTION 2 - BASIC SERVICES OF ENGINEER 2.1 Perform professional services in connection with the Project as hereinafter stated. 2.1.1 The Scope of Services to be furnished by ENGINEER during the Project is included in Appendix A attached hereto and made part of this Agreement. 2.2 ENGINEER shall coordinate their activities and services with the CITY OF FAYETTEVILLE. ENGINEER and CITY OF FAYETTEVILLE agree that ENGINEER has full responsibility for the engineering services. Hamestring_Watershed_Professional Engineering Services Contract-2020_0525.doc SECTION 3 - RESPONSIBILITIES OF CITY OF FAYETTEVILLE 3.1 CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of ENGINEER. 3.1.1 Provide full information as to CITY OF FAYETTEVILLE's requirements for the Project. A 3.1.2 Assist ENGINEER by placing at ENGINEER's disposal all available information pertinent to the assignment including previous reports and any other data relative thereto. 3.1.3 Assist ENGINEER in obtaining access to property reasonably necessary for ENGINEER to perform its services under this Agreement. 3.1.4 Examine all studies, reports, sketches, cost opinions, proposals, and other documents presented by ENGINEER and render in writing decisions pertaining thereto. 3.1.5 The City Engineer is the CITY OF FAYETTEVILLE's project representative with respect to the services to be performed under this Agreement. The City Engineer shall have complete authority to transmit instructions, receive information, interpret and define CITY OF FAYETTEVILLE's policies and decisions with respect to materials, equipment, elements and systems to be used in the Project, and other matters pertinent to the services covered by this Agreement. 3.1.6 CITY OF FAYETTEVILLE and/or its representative will review all documents and provide written comments to ENGINEER in a timely manner. SECTION 4 - PERIOD OF SERVICE 4.1 This Agreement will become effective upon the first written notice by CITY OF FAYETTEVILLE authorizing services hereunder. 4.2 The provisions of this Agreement have been agreed to in anticipation of the orderly progress of the Project through completion of the services stated in the Agreement. ENGINEER will proceed with providing the authorized services immediately upon receipt of written authorization from CITY OF FAYETTEVILLE. Said authorization shall include the scope of the services authorized and the time in which the services are to be completed. The anticipated schedule for this project is included as Appendix B. SECTION 5 - PAYMENTS TO ENGINEER 5.1 The maximum not -to -exceed amount authorized for this Agreement is $78,500. The CITY OF FAYETTEVILLE shall compensate ENGINEER based on an hourly NTE basis described in Appendix C. 5.2 Statements 5.2.1 Monthly statements for each calendar month shall be submitted to CITY OF FAYETTEVILLE or such parties as CITY OF FAYETTEVILLE may designate for professional services consistent with ENGINEER's normal billing schedule. Once established, the billing schedule shall be maintained throughout the duration of the Project. Applications for payment shall be made in accordance with a format to be developed by ENGINEER and approved by CITY OF FAYETTEVILLE. Applications for payment shall Hamestring_Watershed_Professional Engineering Services Contract-2020_0525.doc 2 be accompanied each month by the updated project schedule as the basis for determining the value earned as the work is accomplished. Final payment for professional services shall be made upon CITY OF FAYETTEVILLE's approval and acceptance with the satisfactory completion of the study and report for the Project. 5.3 Payments 5.3.1 All statements are payable upon receipt and due within thirty (30) days. If a portion of ENGINEER's statement is disputed by CITY OF FAYETTEVILLE, the undisputed portion shall be paid by CITY OF FAYETTEVILLE by the due date. CITY OF FAYETTEVILLE shall advise ENGINEER in writing of the basis for any disputed portion of any statement. CITY OF FAYETTEVILLE will make reasonable effort to pay invoices within 30 days of date the invoice is approved, however, payment within 30 days is not guaranteed. 5.4 Final Payment 5.4.1 Upon satisfactory completion of the work performed under this Agreement, as a condition before final payment under this Agreement, or as a termination settlement under this Agreement, ENGINEER shall execute and deliver to CITY OF FAYETTEVILLE a release of all claims against CITY OF FAYETTEVILLE arising under or by virtue of this Agreement, except claims which are specifically exempted by ENGINEER to be set forth therein. Unless otherwise provided in this Agreement or by State law or otherwise expressly agreed to by the parties to this Agreement, final payment under this Agreement or settlement upon termination of this Agreement shall not constitute a waiver of CITY OF FAYETTEVILLE's claims against ENGINEER or his sureties under this Agreement or applicable performance and payment bonds, if any. SECTION 6 - GENERAL CONSIDERATIONS 6.1 Insurance 6.1.1 During the course of performance of these services, ENGINEER will maintain (in United States Dollars) the following minimum insurance coverages: Tyne of Coverage Workers' Compensation Employers' Liability Commercial General Liability Bodily Injury and Property Damage Automobile Liability: Bodily Injury and Property Damage Professional Liability Insurance Limits of Liability Statutory $500,000 Each Accident $1,000,000 Combined Single Limit $1,000,000 Combined Single Limit $1,000,000 Each Claim Hamestring_Watershed_Professional Engineering Services Contract-2020 0525.doc ENGINEER will provide to CITY OF FAYETTEVILLE certificates as evidence of the specified insurance within ten days of the date of this Agreement and upon each renewal of coverage. 6.1.2 CITY OF FAYETTEVILLE and ENGINEER waive all rights against each other and their officers, directors, agents, or employees for damage covered by property insurance during and after the completion of ENGINEER's services. 6.2 Professional Responsibility 6.2.1 ENGINEER will exercise reasonable skill, care, and diligence in the performance of ENGINEER's services and will carry out its responsibilities in accordance with customarily accepted professional engineering practices. CITY OF FAYETTEVILLE will promptly report to ENGINEER any defects or suspected defects in ENGINEER's services of which CITY OF FAYETTEVILLE becomes aware, so that ENGINEER can take measures to minimize the consequences of such a defect. CITY OF FAYETTEVILLE retains all remedies to recover for its damages caused by any negligence of ENGINEER. 6.3 Cost Opinions and Projections 6.3.1 Cost opinions and projections prepared by ENGINEER relating to construction costs and schedules, operation and maintenance costs, equipment characteristics and performance, and operating results are based on ENGINEER's experience, qualifications, and judgment as a design professional. Since ENGINEER has no control over weather, cost and availability of labor, material and equipment, labor productivity, construction Contractors' procedures and methods, unavoidable delays, construction Contractors' methods of determining prices, economic conditions, competitive bidding or market conditions, and other factors affecting such cost opinions or projections, ENGINEER does not guarantee that actual rates, costs, performance, schedules, and related items will not vary from cost opinions and projections prepared by ENGINEER. 6.4 Changes 6.4.1 CITY OF FAYETTEVILLE shall have the right to make changes within the general scope of ENGINEER's services, with an appropriate change in compensation and schedule only after Fayetteville City Council approval of such proposed changes and, upon execution of a mutually acceptable amendment or change order signed by the Mayor of the CITY OF FAYETTEVILLE and the duly authorized officer of ENGINEER. 6.5 Termination 6.5.1 This Agreement may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party, provided that no termination may be effected unless the other party is given: 6.5.1.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, 6.5.1.2 An opportunity for consultation with the terminating party prior to termination. Hamestring_Watershed_Professional Engineering Services Contract-2020_0525.doc 4 6.5.2 This Agreement may be terminated in whole or in part in writing by CITY OF FAYETTEVILLE for its convenience, provided that ENGINEER is given: 6.5.2.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, 6.5.2.2 An opportunity for consultation with the terminating party prior to termination. 6.5.3 If termination for default is effected by CITY OF FAYETTEVILLE, an equitable adjustment in the price provided for in this Agreement shall be made, but 6.5.3.1 No amount shall be allowed for anticipated profit on unperformed services or other work, 6.5.3.2 Any payment due to ENGINEER at the time of termination may be adjusted to cover any additional costs to CITY OF FAYETTEVILLE because of ENGINEER's default. 6.5.4 If termination for default is effected by ENGINEER, or if termination for convenience is effected by CITY OF FAYETTEVILLE, the equitable adjustment shall include a reasonable profit for services or other work performed. The equitable adjustment for any termination shall provide for payment to ENGINEER for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by ENGINEER relating to commitments which had become firm prior to the termination. 6.5.5 Upon receipt of a termination action under Paragraphs 6.5.1 or 6.5.2 above, ENGINEER shall: 6.5.5.1 Promptly discontinue all affected work (unless the notice directs otherwise), 6.5.5.2 Deliver or otherwise make available to CITY OF FAYETTEVILLE all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by ENGINEER in performing this Agreement, whether completed or in process. 6.5.6 Upon termination under Paragraphs 6.5.1 or 6.5.2 above CITY OF FAYETTEVILLE may take over the work and may award another party an agreement to complete the work under this Agreement. 6.5.7 If, after termination for failure of ENGINEER to fulfill contractual obligations, it is determined that ENGINEER had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of CITY OF FAYETTEVILLE. In such event, adjustments of the agreement price shall be made as provided in Paragraph 6.5.4 of this clause. 6.6 Delays 6.6.1 In the event the services of ENGINEER are suspended or delayed by CITY OF FAYETTEVILLE or by other events beyond ENGINEER's reasonable control, ENGINEER shall be entitled to additional compensation and time for reasonable costs incurred by ENGINEER in temporarily closing down or delaying the Project. Hamestring_Watershed_Professional Engineering Services Contract-2020_0525.doc 5 6.7 Rights and Benefits 6.7.1 ENGINEER's services will be performed solely for the benefit of CITY OF FAYETTEVILLE and not for the benefit of any other persons or entities. 6.8 Dispute Resolution 6.8.1 Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes between CITY OF FAYETTEVILLE and ENGINEER which arise from, or in any way are related to, this Agreement, including, but not limited to the interpretation of this Agreement, the enforcement of its terms, any acts, errors, or omissions of CITY OF FAYETTEVILLE or ENGINEER in the performance of this Agreement, and disputes concerning payment. 6.8.2 Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate. If timely Notice is given under Paragraph 6.8.3, but an action is initiated prior to exhaustion of these procedures, such action shall be stayed, upon application by either party to a court of proper jurisdiction, until the procedures in Paragraphs 6.8.3 and 6.8.4 have been complied with. 6.8.3 Notice of Dispute 6.8.3.1 For disputes arising prior to the making of final payment promptly after the occurrence of any incident, action, or failure to act upon which a claim is based, the party seeking relief shall serve the other party with a written Notice. 6.8.3.2 For disputes arising within one year after the making of final payment, CITY OF FAYETTEVILLE shall give ENGINEER written Notice at the address listed in Paragraph 6.14 within thirty (30) days after occurrence of any incident, accident, or first observance of defect or damage. In both instances, the Notice shall specify the nature and amount of relief sought, the reason relief should be granted, and the appropriate portions of this Agreement that authorize the relief requested. 6.8.4 Negotiation: Within seven days of receipt of the Notice, the Project Managers for CITY OF FAYETTEVILLE and ENGINEER shall confer in an effort to resolve the dispute. If the dispute cannot be resolved at that level, then, upon written request of either side, the matter shall be referred to the President of ENGINEER and the Mayor of CITY OF FAYETTEVILLE or his designee. These officers shall meet at the Project Site or such other location as is agreed upon within 30 days of the written request to resolve the dispute. 6.9 CITY OF FAYETTEVILLE represents that it has sufficient funds or the means of obtaining funds to remit payment to ENGINEER for services rendered by ENGINEER. 6.10 Publications 6.10.1 Recognizing the importance of professional development on the part of ENGINEER's employees and the importance of ENGINEER's public relations, ENGINEER may prepare publications, such as technical papers, articles for periodicals, and press releases, pertaining to ENGINEER's services for the Project. Such publications will be provided to CITY OF FAYETTEVILLE in draft form for CITY OF FAYETTEVILLE's advance review. CITY OF FAYETTEVILLE shall review such drafts promptly and provide CITY OF FAYETTEVILLE's comments to ENGINEER CITY OF FAYETTEVILLE may require Hamestring_Watershed_Professional Engineering Services Contract-2020_0525.doc 0 deletion of proprietary data or confidential information from such publications, but otherwise CITY OF FAYETTEVILLE will not unreasonably withhold approval. The cost of ENGINEER's activities pertaining to any such publication shall be for ENGINEER's account. 6.11 Indemnification 6.11.1 CITY OF FAYETTEVILLE agrees that it will require all construction Contractors to indemnify, defend, and hold harmless CITY OF FAYETTEVILLE and ENGINEER from and against any and all loss where loss is caused or incurred or alleged to be caused or incurred in whole or in part as a result of the negligence or other actionable fault of the Contractors, or their employees, agents, Subcontractors, and Suppliers. 6.12 Ownership of Documents 6.12.1 All documents provided by CITY OF FAYETTEVILLE including original drawings, CAD drawings, estimates, field notes, and project data are and remain the property of CITY OF FAYETTEVILLE. ENGINEER may retain reproduced copies of drawings and copies of other documents. 6.12.2 Engineering documents, computer models, drawings, specifications and other hard copy or electronic media prepared by ENGINEER as part of the Services shall become the property of CITY OF FAYETTEVILLE when ENGINEER has been compensated for all Services rendered, provided, however, that ENGINEER shall have the unrestricted right to their use. ENGINEER shall, however, retain its rights in its standard drawings details, specifications, databases, computer software, and other proprietary property. Rights to intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of ENGINEER. 6.12.3 Any files delivered in electronic medium may not work on systems and software different than those with which they were originally produced. ENGINEER makes no warranty as to the compatibility of these files with any other system or software. Because of the potential degradation of electronic medium over time, in the event of a conflict between the sealed original drawings/hard copies and the electronic files, the sealed drawings/hard copies will govern. 6.13 Notices 6.13.1 Any Notice required under this Agreement will be in writing, addressed to the appropriate party at the following addresses: CITY OF FAYETTEVILLE's address: 113 West Mountain Street Fayetteville, Arkansas 72701 ENGINEER's address: 1810 N. College Avenue Fayetteville, Arkansas 72701 Hamestring_Watershed_Professional Engineering Services Contract-2020_0525.doc 7 6.14 Successor and Assigns 6.14.1 CITY OF FAYETTEVILLE and ENGINEER each binds himself and his successors, executors, administrators, and assigns to the other party of this Agreement and to the successors, executors, administrators, and assigns of such other party, in respect to all covenants of this Agreement; except as above, neither CITY OF FAYETTEVILLE nor ENGINEER shall assign, sublet, or transfer his interest in the Agreement without the written consent of the other. 6.15 Controlling Law 6.15.1 This Agreement shall be subject to, interpreted and enforced according to the laws of the State of Arkansas without regard to any conflicts of law provisions. 6.16 Entire Agreement 6.16.1 This Agreement represents the entire Agreement between ENGINEER and CITY OF FAYETTEVILLE relative to the Scope of Services herein. Since terms contained in purchase orders do not generally apply to professional services, in the event CITY OF FAYETTEVILLE issues to ENGINEER a purchase order, no preprinted terms thereon shall become a part of this Agreement. Said purchase order document, whether or not signed by ENGINEER, shall be considered as a document for CITY OF FAYETTEVILLE's internal management of its operations. SECTION 7 - SPECIAL CONDITIONS 7.1 Additional Responsibilities of ENGINEER 7.1.1 CITY OF FAYETTEVILLE's review, approval, or acceptance of design drawings, specifications, reports and other services furnished hereunder shall not in any way relieve ENGINEER of responsibility for the technical adequacy of the work. Neither CITY OF FAYETTEVILLE's review, approval or acceptance of, nor payment for any of the services shall be construed as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. 7.1.2 ENGINEER shall be and shall remain liable, in accordance with applicable law, for all damages to CITY OF FAYETTEVILLE caused by ENGINEER's negligent performance of any of the services furnished under this Agreement except for errors, omissions or other deficiencies to the extent attributable to CITY OF FAYETTEVILLE or CITY OF FAYETTEVILLE-furnished data. 7.1.3 ENGINEER's obligations under this clause are in addition to ENGINEER's other express or implied assurances under this Agreement or State law and in no way diminish any other rights that CITY OF FAYETTEVILLE may have against ENGINEER for faulty materials, equipment, or work. 7.2 Remedies 7.2.1 Except as may be otherwise provided in this Agreement, all claims, counter -claims, disputes and other matters in question between CITY OF FAYETTEVILLE and ENGINEER arising Hamestring_Watershed_Professional Engineering Services Contract-2020_0525.doc 8 out of or relating to this Agreement or the breach thereof will be decided in a court of competent jurisdiction within Arkansas. 7.3 Audit: Access to Records 7.3.1 ENGINEER shall maintain books, records, documents and other evidence directly pertinent to performance on work under this Agreement in accordance with generally accepted accounting principles and practices consistently applied in effect on the date of execution of this Agreement. ENGINEER shall also maintain the financial information and data used by ENGINEER in the preparation of support of the cost submission required for any negotiated agreement or change order and send to CITY OF FAYETTEVILLE a copy of the cost summary submitted. CITY OF FAYETTEVILLE, the State or any of their authorized representatives shall have access to all such books, records, documents and other evidence for the purpose of inspection, audit and copying during normal business hours. ENGINEER will provide proper facilities for such access and inspection. 7.3.2 Records under Paragraph 7.3.1 above, shall be maintained and made available during performance on assisted work under this Agreement and until three years from the date of final payment for the project. In addition, those records which relate to any controversy arising out of such performance, or to costs or items to which an audit exception has been taken, shall be maintained and made available until three years after the date of resolution of such appeal, litigation, claim or exception. 7.3.3 This right of access clause (with respect to financial records) applies to: 7.3.3.1 Negotiated prime agreements: 7.3.3.2 Negotiated change orders or agreement amendments in excess of $10,000 affecting the price of any formally advertised, competitively awarded, fixed price agreement: 7.3.3.3 Agreements or purchase orders under any agreement other than a formally advertised, competitively awarded, fixed price agreement. However, this right of access does not apply to a prime agreement, lower tier subagreement or purchase order awarded after effective price competition, except: 7.3.3.3.1 With respect to record pertaining directly to subagreement performance, excluding any financial records of ENGINEER; 7.3.3.3.2 If there is any indication that fraud, gross abuse or corrupt practices may be involved; 7.3.3.3.3 If the subagreement is terminated for default or for convenience. 7.4 Covenant Against Contingent Fees 7.4.1 ENGINEER warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement of understanding for a commission, percentage, brokerage or continent fee, excepting.,bona fide employees or bona fide established commercial or selling agencies maintained by ENGINEER for the purpose of securing business. For breach or violation of this warranV, CITY OF FAYETTEVILLE shall have the right to annul this Agreement without liability (jr at its discretion, to deduct from the Hamestring_Watershed_Professional Engineering Services Contract-2020_0525.doc 0 contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 7.5 Gratuities 7.5.1 If CITY OF FAYETTEVILLE finds after a notice and hearing that ENGINEER or any of ENGINEER's agents or representatives, offered or gave gratuities (in the form of entertainment, gifts or otherwise) to any official, employee or agent of CITY OF FAYETTEVILLE, in an attempt to secure an agreement or favorable treatment in awarding, amending or making any determinations related to the performance of this Agreement, CITY OF FAYETTEVILLE may, by written notice to ENGINEER terminate this Agreement. CITY OF FAYETTEVILLE may also pursue other rights and remedies that the law or this Agreement provides. However, the existence of the facts on which CITY OF FAYETTEVILLE bases such finding shall be in issue and may be reviewed in proceedings under the Remedies clause of this Agreement. 7.5.2 In the event this Agreement is terminated as provided in Paragraph 7.5.1, CITY OF FAYETTEVILLE may pursue the same remedies against ENGINEER as it could pursue in the event of a breach of the Agreement by ENGINEER As a penalty, in addition to any other damages to which it may be entitled by law, CITY OF FAYETTEVILLE may pursue exemplary damages in an amount (as determined by CITY OF FAYETTEVILLE) which shall be not less than three nor more than ten times the costs ENGINEER incurs in providing any such gratuities to any such officer or employee. 7.6 Arkansas Freedom of Information Act 7.6.1 City contracts and documents, including internal documents and documents of subcontractors and sub -consultants, prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act (FOIA). If a Freedom of Information Act request is presented to the CITY OF FAYETTEVILLE, ENGINEER 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. IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and ENGINEER, by its authorized officer have made and executed this Agreement as of the day and year first above written. CITY OF FAYETTEVILLE, ARKANSAS ENGINEER W '4 ATTEST:G-ER K// ��• GITY�•F-9'.� gy_ ; c,; �` '.` Project Manager r City Clerk t Fqy� n �� END OF AGREEME] O%ROFESSIdNSL, ENGINEERING SERVICES Hamestring_Watershed _Professional En gin bdyiigi�'�"�tract-2020_0525.doc 10 APPENDIX A Scope of Work for Basic Services Hamestring Watershed Analysis and Mitigation Alternatives along Hamestring Creek, Hamestring Creek Tributary 3, and South Fork Hamestring Creek Fayetteville, Washington County, Arkansas Attached to and made part of the Agreement for Professional Engineering Services dated May 26, 2020 between FTN Associates, Ltd. (ENGINEER) and the City of Fayetteville (CITY OF FAYETTEVILLE) with respect to the project described therein. The specific tasks and assumptions are provided below. PROJECT DESCRIPTION ENGINEER will acquire and process field survey data and existing topographic data, and review existing hydrologic and hydraulic data for Hamestring Creek (HSC), Hamestring Creek Tributary 3 (HS-3), and South Fork Hamestring Creek (SFHC). ENGINEER will develop updated hydrologic and hydraulic modeling for the upper Hamestring basin upstream of Interstate 49 to the upstream watershed extent, generally near Garland Avenue. Specifically, hydraulic modeling will extend along HSC from I-49 to the current effective FEMA Flood Insurance Rate Map Limit of Study, HS-3 from its confluence with HSC upstream to Lewis Park, and SFHC from its confluence with HSC upstream to Wedington Drive, located in the City of Fayetteville, Washington County, Arkansas (the Project). Additionally, initial conceptual -level alternatives will be evaluated for the updated model segments of Hamestring Creek, Hamestring Creek Tributary 3, and South Fork Hamestring Creek in an attempt to reduce flood extents and elevations. If the CITY OF FAYETTEVILLE chooses to proceed with design of one or more alternatives, additional tasks may be performed as Additional Services under this agreement. Such services could also include preparation of an application for Conditional Letter of Map Revision (CLOMR) for the proposed improvements as the potential improved area(s) are in existing regulatory FEMA floodplain. It should be noted that the overall timeframe for issuance of a CLOMR by FEMA can extend 12 months or more from the initial date of submittal of the application. TASK 1— DATA GATHERING AND PROCESSING ENGINEER will perform field reconnaissance activities, as needed, to verify select storm sewer inventory; obtain field survey data (using a survey subconsultant) and available topographic data, and process the data for use in subsequent tasks. ENGINEER will obtain, review and categorize relevant historical and effective hydrologic and hydraulic models available for the Project area, if available. We will initiate this task upon receipt of notification to proceed including the signed contract and expect to complete it within 60 days, although delays in field survey collection could result in a longer time to completion if adverse weather conditions occur. APPENDIX A - Hamestring Watershed Analysis and Mitigation Alternatives — Professional Engineering Services Appendix A May 26, 2020 Page 2 TASK 2 — HYDROLOGIC MODELING ENGINEER will develop an updated hydrologic model for the Project area using information gathered from Task 1 as appropriate. Hydrologic modeling of peak discharges along HSC may be extended downstream to Rupple Road in order to allow an assessment of potential downstream impacts should peak discharges increase as a result of upstream modifications to be considered in Task 4. Peak discharge information for the 10%-, 2%-, 1%-, and 0.2%-annual-chance, (10-, 50-, 100-, 500-year), 24-hour flood events will be developed for use in subsequent tasks. This task is expected to be completed within 60 days after receipt of notification to proceed. TASK 3 — HYDRAULIC MODELING Using the information gathered in Task I and discharges determined in Task 2, ENGINEER will perform updated hydraulic modeling for the following stream segments: HSC: From a point downstream of 1-49 upstream to the current effective FEMA Flood Insurance Rate Map (FIRM) Limit of Study. HS-3: From the confluence with HSC upstream to Lewis Park (the current effective FEMA FIRM Limit of Study). SFHC: From the confluence with HSC upstream to the downstream side of Wedington Drive. Any existing, certified as -built data available within the Project area is to be provided by the CITY OF FAYETTEVILLE, in both PDF format and in Civil 3D or other appropriate CAD format, in the coordinate system consistent with the CITY OF FAYETTEVILLE requirements. Hydraulic modeling for the 10%-, 2%-, 1 %-, and 0.2%-annual-chance, 24-hour storm events and the encroached 1 %-annual-chance (Floodway) event for HSC, HS-3, and SFHC will be developed. The updated modeling will be used to prepare profiles representing expected flood elevations for the Project area based upon existing conditions. We expect to complete this task within 60 days after completion of Task 2 and receipt of necessary survey data (Task 1). If additional field survey collection or model development is required to address other altered conditions not reflected in the effective hydraulic models, these tasks will be performed as Additional Services. TASK 4 — CONCEPTUAL - LEVEL EVALUATION OF ALTERNATIVES ENGINEER will evaluate conceptual -level alternatives relating to the potential for reduction of Base Flood Elevations, flood risk and floodplain mapping extents in the upper Hamestring Watershed. Currently, it is estimated that there are approximately 30 single family residences potentially impacted along HSC, approximately 75 single-family residences potentially impacted along HS-3, and approximately 15 multi -family residences potentially impacted along SFHC. APPENDIX A - Hamestring Watershed Analysis and Mitigation Alternatives — Professional Engineering Services Appendix A May 26, 2020 Page 3 Various scenarios will be considered including structure improvements, detention and channel enlargement along HSC, structure improvements, detention and channel modifications along HS- 3, and structure modifications or removal and channel improvements along SFHC. This scope includes preparation of a conceptual -level report of study results, evaluated alternatives and potential improvements to reduce flood elevations and extents for the Project area. If the CITY OF FAYETTEVILLE chooses to incorporate additional alternatives, this scope of services may be modified to address more tasks as Additional Services. We expect to provide our conceptual -level report of results to the CITY OF FAYETTEVILLE within 45 days after the completion of Task 3. Any comments received from the CITY OF FAYETTEVILLE will be addressed within two (2) weeks after receipt. This Project scope includes attending one meeting with staff to discuss the results of the evaluation and one separate neighborhood meeting, if desired, (to be arranged by the CITY OF FAYETTEVILLE) to explain the alternatives and to present the findings. If comments are provided by the CITY OF FAYETTEVILLE due to changes in regulations or to address other items outside the Project scope, Additional Services may be required to address such comments. TASK 5 — COORDINATION Perform general project coordination including progress reports and invoicing, project emails and telephone calls with the CITY OF FAYETTEVILLE. APPENDIX A - Hamestring Watershed Analysis and Mitigation Alternatives — Professional Engineering Services APPENDIX B Schedule and Deliverables Hamestring Watershed Analysis and Mitigation Alternatives Fayetteville, Arkansas SCHEDULE TASK STAR"I'* END* PROJECT AUTHORIZATION 6/23/2020 DATA GATHERING AND PROCESSING 6/23/2020 8/21/2020 HYDROLOGIC MODELING 6/23/2020 8/21/2020 HYDRAULIC MODELING 8/21/2020 10/20/2020 CONCEPTUAL — LEVEL EVALUATION OF ALTERNATIVES 10/20/2020 12/4/2020 COORDINATION 6/23/2020 12/31 /2020 * Schedule date, are based upon assumed start date of June 23, 2020. DELIVERABLES Conceptual -level report of study results describing evaluated alternatives and potential improvements to reduce flood elevations and extents for the Project area. APPENDIX B - Hamestring Watershed Analysis and Mitigation Alternatives — Professional Engineering Services APPENDIX C 2020 Fee Schedule' FTN Associates, Ltd. Labor Category Hourly Rate Professional 7 $ 207.00 Professional 6 185.00 Professional 5 164.00 Professional 4 146.00 Professional 3 129.00 Professional 2 111.00 Professional 1 99.00 Technician 4 101.00 Technician 3 90.00 Technician 2 79.00 Technician 1 67.00 Executive Assistant 74.00 Word Processing 64.00 Direct Expenses All direct project expenses will be invoiced at cost plus 10 percent. Direct project expenses include such items as travel, meals, lodging, shipping, supplies, consultants, subcontractors, etc. Vehicle mileage will be charged at standard IRS rates. A charge of 2 percent is applied to the total labor amount to cover communication charges and computer expenses associated with computer applications, data storage and backup. Should back-up data be requested for reimbursable expenses, it will be provided for an administrative fee. Payment Terms Unless other arrangements are made in writing, invoicing will be monthly for services completed and will be sent via email to the Client. Payment is due in full within 30 days of invoice and are preferred to be paid electronically through Automated Clearing House (ACH) system; however, other methods are acceptable. A service charge of 1.5 percent per month will be charged on all balances over 30 days. 'Effective January 1, 2020 — December 31, 2020 APPENDIX C - Hamestring Watershed Analysis and Mitigation Alternatives — Professional Engineering Services Hannestring Watershed Study and Preliminary Valley Drive Flood lain Mitigation Anatysif Meetings 2 Project Review Meeting, Public Meeting Principal / Sr Eng Project Manager / Eng / GIS GIs / Jr. Engr. P7 P6 P5 P4 P3 P2 P1 T4 T3 T2 T1 74 Wp Survey FTN Fee Subconsultant 2020 rates $ 207 $ 185 $ 164 $ 146 $ 129 $ 111 $ 99 5 101 S 90 S 79 $ 67 S 71 $ 64 Total Cost t Data Gathering and Processing $ 15,652 Obtain, review, categorize existing modeling 4 2 $ 854 Integrate existing terrain and storm system data 4 6 $ 1,250 Survey 6 4 $ 1,380 Field reconnaissance 4 8 8 $ 2,168 FTN Survey $ 91000 $ 1,000 2 Hydroloplt:. A -Vs- $ 9,840 Delineation and downstream impact 4 12 $ 1,844 Incorporate storm basins 4 4 4 $ 1,412 Develop peak 8 32 $ 4,480 QA review/documentation 8 8 $ 2,104 3 Hydraulic Analyses $ 24,058 HS-3 Entire Hydraulic Model 16 60 $ 8,564 Hamestring Creek Hydraulic Model update 4 24 $ 3,032 South Fork Hamestring Hydraulic Model update 4 16 $ 2,240 CA Reviews/Revisions 6 10 $ 1,974 Finalization 6 16 $ 2,568 Prepare Report 8 16 4 $ 3.152 Meet with City Staff, Meet with Public e 8 4 1 $ 2,528 Conceptual - Level 4 Evaluation of $ 22,094 Akemativea Valley Drive 8 24 8 $ 4,408 Lewis Park Detention 4 8 8 $ 2,168 HS-3 Structure Improvements 4 12 8 $ 2,564 West End Modifications 6 12 8 $ 2 892 Road Crossing Improvements 8 20 B $ 4 012 HSC upstream detention 2 10 8 $ 2,038 Evaluate Optimal Improvements 8 20 8 $ 4,012 5 Coordination $ 8,040 Project Management 12 6 $ 2,352 Coordination 12 12 $ 2,736 Reporting 6 12 $ 1,752 FTN Foe Tohl 71,494 Budget Narrative - Hamestring Watershed Analysis and Mitigation Alternatives - Professional Engineering Services 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 139-23 File Number: 2023-749 FREESE AND NICHOLS, INC. (SERVICE AGREEMENT): A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH FREESE AND NICHOLS, INC., PURSUANT TO RFQ 422-14, IN AN AMOUNT NOT TO EXCEED $151,420.00 FOR HAMESTRING CREEK WATERSHED FLOOD MITIGATION AND GRANT SUPPORT 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 professional engineering services agreement with Freese and Nichols, Inc., pursuant to RFQ #22-14, in an amount not to exceed $151,420.00 for assistance in developing a solution for flooding in the Hamestring Creek Watershed, one of Fayetteville's Repetitive Loss Areas, and seeking grant funding to implement the solution. PASSED and APPROVED on June 6, 2023 Page 1 Attest: ``��G�ERK �.�,`-�,•• CITY "`qs Kara Paxton City Treasurer i • .V lJ' •. '��. r.� : L . .. ON � C CITY OF �� FAYETTEVILLE ARKANSAS MEETING OF JUNE 6, 2023 CITY COUNCIL MEMO 2023-749 TO: Mayor Jordan and City Council THRU: Chris Brown, Public Works Director FROM: Alan Pugh, Staff Engineer DATE: SUBJECT: Approval of an engineering services agreement with Freese and Nichols in the amount of $151,420 for Hamestring Creek Watershed Flood Mitigation and Grant support which will assist in developing a solution for the flooding of one of Fayetteville's Repetitive Loss Areas and seek grant funding to implement the solution. RECOMMENDATION: Staff recommends approval of an engineering services agreement with Freese and Nichols in the amount of $151,420 for Hamestring Creek Watershed Flood Mitigation and Grant support which will assist in developing a solution for the flooding of one of Fayetteville's Repetitive Loss Areas and seek grant funding to implement the solution. BACKGROUND: There is a history of flooding within the Hamestring Creek watershed, most of which is upstream of 1-49. In particular, the areas include the West End Apartments, homes along W Valley Drive, W Hatfield St, W Holley Street and W Lawson Street. These areas have multiple homes that have flooded on several occasions, including the 2011 and 2017 flood events. The potential redevelopment of Lewis Fields also lies within the headwaters of HS3. As a response, council previously approved an engineering contract to study solutions to the flooding. No viable solutions were determined within the initial analysis. DISCUSSION: As the study of this area continues, it is important to begin to identify potential funding sources for the projects as well. In January of 2023, the selection committee for RFQ 22-14, Watershed Design & Grant Management Services selected Freese and Nichols, Inc. as the highest qualified firm. This contract will address both additional study to determine the most feasible solution and Flood Mitigation Assistance (FMA) and Building Resilient Infrastructure and Communities (BRIC) grant writing services to obtain funding to help with implementation. These solutions could include things such as regional detention, creation of additional floodplain storage, culvert improvements or floodplain buyouts. All would be eligible for the FMA and BRIC funding. BUDGET/STAFF IMPACT: The proposed cost of the flood analysis is proposed to be taken from 02108.1, other drainage improvements. ATTACHMENTS: 2023-749 SRF Hamestring Creek Study Grant, Hamestring Creek Signed Agreement, Revised Hamestring Creek Agreement Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Legislation Text File #: 2023-749 Approval of an engineering services agreement with Freese and Nichols in the amount of $151,420 for Hamestring Creek Watershed Flood Mitigation and Grant support which will assist in developing a solution for the flooding of one of Fayetteville's Repetitive Loss Areas and seek grant funding to implement the solution. A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH FREESE AND NICHOLS, INC., PURSUANT TO RFQ #22-14, IN AN AMOUNT NOT TO EXCEED $151,420.00 FOR HAMESTRING CREEK WATERSHED FLOOD MITIGATION AND GRANT SUPPORT 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 professional engineering services agreement with Freese and Nichols, Inc., pursuant to RFQ #22-14, in an amount not to exceed $151,420.00 for assistance in developing a solution for flooding in the Hamestring Creek Watershed, one of Fayetteville's Repetitive Loss Areas, and seeking grant funding to implement the solution. Page 1 Chris Brown Submitted By City of Fayetteville Staff Review Form 2023-749 Item ID 6/6/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 5/8/2023 ENGINEERING (621) Submitted Date Division / Department Action Recommendation: Approval of an engineering services agreement with Freese and Nichols in the amount of $151,420 for Hamestring Creek Watershed Flood Mitigation and Grant support which will assist in developing a solution for the flooding of one of Fayetteville's Repetitive Loss Areas and seek grant funding to implement the solution. 4470.621.8810-5314.00 Budget Impact: 4470-Drainage Capital Improvement Account Number Fund 02108.2002 Hamestring Creek Flood Study (Valley Drive and Porter) 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 $ 338,707.00 $ 67,424.03 271,282.97 $ 151,420.00 V20221130 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: AGREEMENT For PROFESSIONAL ENGINEERING SERVICES Between CITY OF FAYETTEVILLE, ARKANSAS And ENGINEER THIS AGREEMENT is made as of (6n t W 2023, by and between City of Fayetteville, Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE) and FREESE AND NICHOLS, INC. (hereinafter called ENGINEER). CITY OF FAYETTEVILLE from time to time requires professional engineering services in connection with the evaluation, design, and/or construction supervision of capital improvement projects. Therefore, CITY OF FAYETTEVILLE and ENGINEER in consideration of their mutual covenants agree as follows: ENGINEER shall serve as CITY OF FAYETTEVILLE's professional engineering consultant in those assignments to which this Agreement applies, and shall give consultation and advice to CITY OF FAYETTEVILLE during the performance of ENGINEER's services. All services shall be performed under the direction of a professional engineer registered in the State of Arkansas and qualified in the particular field. SECTION 1 - AUTHORIZATION OF SERVICES 1.1 Services on any assignment shall be undertaken only upon written Authorization of CITY OF FAYETTEVILLE and agreement of ENGINEER. 1.2 Assignments may include services described hereafter as Basic Services or as Additional Services of ENGINEER. 1.3 Changes, modifications or amendments in scope, price or fees to this contract shall not be allowed without a formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, costs, fees, or delivery schedule. SECTION 2 - BASIC SERVICES OF ENGINEER 2.1 Perform professional services in connection with the Project as hereinafter stated. 2.1.1 The Scope of Services to be furnished by ENGINEER during the Project is included in Appendix A attached hereto and made part of this Agreement. 2.2 ENGINEER shall coordinate their activities and services with the CITY OF FAYETTEVILLE. ENGINEER and CITY OF FAYETTEVILLE agree that ENGINEER has full responsibility for the engineering services. Hamestring Creek Watershed Analysis and Mitigation Alternatives SECTION 3 - RESPONSIBILITIES OF CITY OF FAYETTEVILLE 3.1 CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of ENGINEER. 3.1.1 Provide full information as to CITY OF FAYETTEVILLE's requirements for the Project. 3.1.2 Assist ENGINEER by placing at ENGINEER's disposal all available information pertinent to the assignment including previous reports and any other data relative thereto. 3.1.3 Assist ENGINEER in obtaining access to property reasonably necessary for ENGINEER to perform its services under this Agreement. 3.1.4 Examine all studies, reports, sketches, cost opinions, proposals, and other documents presented by ENGINEER and render in writing decisions pertaining thereto. 3.1.5 The City Engineer is the CITY OF FAYETTEVILLE's project representative with respect to the services to be performed under this Agreement. The City Engineer shall have complete authority to transmit instructions, receive information, interpret and define CITY OF FAYETTEVILLE's policies and decisions with respect to materials, equipment, elements and systems to be used in the Project, and other matters pertinent to the services covered by this Agreement. 3.1.6 CITY OF FAYETTEVILLE and/or its representative will review all documents and provide written comments to ENGINEER in a timely manner. SECTION 4 - PERIOD OF SERVICE 4.1 This Agreement will become effective upon the first written notice by CITY OF FAYETTEVILLE authorizing services hereunder. 4.2 The provisions of this Agreement have been agreed to in anticipation of the orderly progress of the Project through completion of the services stated in the Agreement. ENGINEER will proceed with providing the authorized services immediately upon receipt of written authorization from CITY OF FAYETTEVILLE. Said authorization shall include the scope of the services authorized and the time in which the services are to be completed. The anticipated schedule for this project is included as Appendix B. SECTION 5 - PAYMENTS TO ENGINEER 5.1 The maximum not -to -exceed amount authorized for this Agreement is one -hundred fifty-one thousand, four -hundred and twenty dollars ($151,420.00). The CITY OF FAYETTEVILLE shall compensate ENGINEER based on an hourly NTE basis described in Appendix C. 5.2 Statements 5.2.1 Monthly statements for each calendar month shall be submitted to CITY OF FAYETTEVILLE or such parties as CITY OF FAYETTEVILLE may designate for professional services consistent with ENGINEER's normal billing schedule. Once established, the billing schedule shall be maintained throughout the duration of the Project. Applications for payment shall be Hamestring Creek Watershed Analysis and Mitigation Alternatives 2 made in accordance with a format to be developed by ENGINEER and approved by CITY OF FAYETTEVILLE. Applications for payment shall be accompanied each month by the updated project schedule as the basis for determining the value earned as the work is accomplished. Final payment for professional services shall be made upon CITY OF FAYETTEVILLE's approval and acceptance with the satisfactory completion of the study and report for the Project. 5.3 Payments 5.3.1 All statements are payable upon receipt and due within thirty (30) days. If a portion of ENGINEER's statement is disputed by CITY OF FAYETTEVILLE, the undisputed portion shall be paid by CITY OF FAYETTEVILLE by the due date. CITY OF FAYETTEVILLE shall advise ENGINEER in writing of the basis for any disputed portion of any statement. CITY OF FAYETTEVILLE will make reasonable effort to pay invoices within 30 days of date the invoice is approved, however, payment within 30 days is not guaranteed. 5.4 Final Payment 5.4.1 Upon satisfactory completion of the work performed under this Agreement, as a condition before final payment under this Agreement, or as a termination settlement under this Agreement, ENGINEER shall execute and deliver to CITY OF FAYETTEVILLE a release of all claims against CITY OF FAYETTEVILLE arising under or by virtue of this Agreement, except claims which are specifically exempted by ENGINEER to be set forth therein. Unless otherwise provided in this Agreement or by State law or otherwise expressly agreed to by the parties to this Agreement, final payment under this Agreement or settlement upon termination of this Agreement shall not constitute a waiver of CITY OF FAYETTEVILLE's claims against ENGINEER or his sureties under this Agreement or applicable performance and payment bonds, if any. SECTION 6 - GENERAL CONSIDERATIONS 6.1 Insurance 6.1.1 During the course of performance of these services, ENGINEER will maintain (in United States Dollars) the following minimum insurance coverages: Type of Coverage Workers' Compensation Employers' Liability Commercial General Liability Bodily Injury and Property Damage Automobile Liability: Bodily Injury and Property Damage Professional Liability Insurance Limits of Liability Statutory $500,000 Each Accident $1,000,000 Combined Single Limit $1,000,000 Combined Single Limit $1,000,000 Each Claim Hamestring Creek Watershed Analysis and Mitigation Alternatives 3 ENGINEER will provide to CITY OF FAYETTEVILLE certificates as evidence of the specified insurance within ten days of the date of this Agreement and upon each renewal of coverage. 6.1.2 CITY OF FAYETTEVILLE and ENGINEER waive all rights against each other and their officers, directors, agents, or employees for damage covered by property insurance during and after the completion of ENGINEER's services. 6.2 Professional Responsibility 6.2.1 ENGINEER will exercise reasonable skill, care, and diligence in the performance of ENGINEER's services and will carry out its responsibilities in accordance with customarily accepted professional engineering practices. CITY OF FAYETTEVILLE will promptly report to ENGINEER any defects or suspected defects in ENGINEER's services of which CITY OF FAYETTEVILLE becomes aware, so that ENGINEER can take measures to minimize the consequences of such a defect. CITY OF FAYETTEVILLE retains all remedies to recover for its damages caused by any negligence of ENGINEER. 6.3 Cost Opinions and Projections 6.3.1 Cost opinions and projections prepared by ENGINEER relating to construction costs and schedules, operation and maintenance costs, equipment characteristics and performance, and operating results are based on ENGINEER's experience, qualifications, and judgment as a design professional. Since ENGINEER has no control over weather, cost and availability of labor, material and equipment, labor productivity, construction Contractors' procedures and methods, unavoidable delays, construction Contractors' methods of determining prices, economic conditions, competitive bidding or market conditions, and other factors affecting such cost opinions or projections, ENGINEER does not guarantee that actual rates, costs, performance, schedules, and related items will not vary from cost opinions and projections prepared by ENGINEER. 6.4 Changes 6.4.1 CITY OF FAYETTEVILLE shall have the right to make changes within the general scope of ENGINEER's services, with an appropriate change in compensation and schedule only after Fayetteville City Council approval of such proposed changes and, upon execution of a mutually acceptable amendment or change order signed by the Mayor of the CITY OF FAYETTEVILLE and the duly authorized officer of ENGINEER. 6.5 Termination 6.5.1 This Agreement may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party, provided that no termination may be effected unless the other party is given: 6.5.1.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, Hamestring Creek Watershed Analysis and Mitigation Alternatives 4 6.5.1.2 An opportunity for consultation with the terminating party prior to termination. 6.5.2 This Agreement may be terminated in whole or in part in writing by CITY OF FAYETTEVILLE for its convenience, provided that ENGINEER is given: 6.5.2.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, 6.5.2.2 An opportunity for consultation with the terminating party prior to termination. 6.5.3 If termination for default is effected by CITY OF FAYETTEVILLE, an equitable adjustment in the price provided for in this Agreement shall be made, but 6.5.3.1 No amount shall be allowed for anticipated profit on unperformed services or other work, 6.5.3.2 Any payment due to ENGINEER at the time of termination may be adjusted to cover any additional costs to CITY OF FAYETTEVILLE because of ENGINEER's default. 6.5.4 If termination for default is effected by ENGINEER, or if termination for convenience is effected by CITY OF FAYETTEVILLE, the equitable adjustment shall include a reasonable profit for services or other work performed. The equitable adjustment for any termination shall provide for payment to ENGINEER for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by ENGINEER relating to commitments which had become firm prior to the termination. 6.5.5 Upon receipt of a termination action under Paragraphs 6.5.1 or 6.5.2 above, ENGINEER shall: 6.5.5.1 Promptly discontinue all affected work (unless the notice directs otherwise), 6.5.5.2 Deliver or otherwise make available to CITY OF FAYETTEVILLE all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by ENGINEER in performing this Agreement, whether completed or in process. 6.5.6 Upon termination under Paragraphs 6.5.1 or 6.5.2 above CITY OF FAYETTEVILLE may take over the work and may award another party an agreement to complete the work under this Agreement. 6.5.7 If, after termination for failure of ENGINEER to fulfill contractual obligations, it is determined that ENGINEER had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of CITY OF FAYETTEVILLE. In such event, adjustments of the agreement price shall be made as provided in Paragraph 6.5.4 of this clause. 6.6 Delays 6.6.1 In the event the services of ENGINEER are suspended or delayed by CITY OF FAYETTEVILLE or by other events beyond ENGINEER's reasonable control, ENGINEER shall be entitled to additional compensation and time for reasonable costs incurred by ENGINEER in temporarily closing down or delaying the Project. Hamestring Creek Watershed Analysis and Mitigation Alternatives 5 6.7 Rights and Benefits 6.7.1 ENGINEER's services will be performed solely for the benefit of CITY OF FAYETTEVILLE and not for the benefit of any other persons or entities. 6.8 Dispute Resolution 6.8.1 Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes between CITY OF FAYETTEVILLE and ENGINEER which arise from, or in any way are related to, this Agreement, including, but not limited to the interpretation of this Agreement, the enforcement of its terms, any acts, errors, or omissions of CITY OF FAYETTEVILLE or ENGINEER in the performance of this Agreement, and disputes concerning payment. 6.8.2 Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate. If timely Notice is given under Paragraph 6.8.3, but an action is initiated prior to exhaustion of these procedures, such action shall be stayed, upon application by either party to a court of proper jurisdiction, until the procedures in Paragraphs 6.8.3 and 6.8.4 have been complied with. 6.8.3 Notice of Dispute 6.8.3.1 For disputes arising prior to the making of final payment promptly after the occurrence of any incident, action, or failure to act upon which a claim is based, the party seeking relief shall serve the other party with a written Notice. 6.8.3.2 For disputes arising within one year after the making of final payment, CITY OF FAYETTEVILLE shall give ENGINEER written Notice at the address listed in Paragraph 6.14 within thirty (30) days after occurrence of any incident, accident, or first observance of defect or damage. In both instances, the Notice shall specify the nature and amount of relief sought, the reason relief should be granted, and the appropriate portions of this Agreement that authorize the relief requested. 6.8.4 Negotiation: Within seven days of receipt of the Notice, the Project Managers for CITY OF FAYETTEVILLE and ENGINEER shall confer in an effort to resolve the dispute. If the dispute cannot be resolved at that level, then, upon written request of either side, the matter shall be referred to the President of ENGINEER and the Mayor of CITY OF FAYETTEVILLE or his designee. These officers shall meet at the Project Site or such other location as is agreed upon within 30 days of the written request to resolve the dispute. 6.9 CITY OF FAYETTEVILLE represents that it has sufficient funds or the means of obtaining funds to remit payment to ENGINEER for services rendered by ENGINEER. 6.10 Publications 6.10.1 Recognizing the importance of professional development on the part of ENGINEER's employees and the importance of ENGINEER's public relations, ENGINEER may prepare publications, such as technical papers, articles for periodicals, and press releases, pertaining to ENGINEER's services for the Project. Such publications will be provided to CITY OF FAYETTEVILLE in draft form for CITY OF FAYETTEVILLE's advance review. CITY OF FAYETTEVILLE shall review such drafts promptly and provide CITY OF Hamestring Creek Watershed Analysis and Mitigation Alternatives 6 FAYETTEVILLE's comments to ENGINEER. CITY OF FAYETTEVILLE may require deletion of proprietary data or confidential information from such publications, but otherwise CITY OF FAYETTEVILLE will not unreasonably withhold approval. The cost of ENGINEER's activities pertaining to any such publication shall be for ENGINEER's account. 6.11 Indemnification 6.11.1 CITY OF FAYETTEVILLE agrees that it will require all construction Contractors to indemnify, defend, and hold harmless CITY OF FAYETTEVILLE and ENGINEER from and against any and all loss where loss is caused or incurred or alleged to be caused or incurred in whole or in part as a result of the negligence or other actionable fault of the Contractors, or their employees, agents, Subcontractors, and Suppliers. 6.12 Ownership of Documents 6.12.1 All documents provided by CITY OF FAYETTEVILLE including original drawings, CAD drawings, estimates, field notes, and project data are and remain the property of CITY OF FAYETTEVILLE. ENGINEER may retain reproduced copies of drawings and copies of other documents. 6.12.2 Engineering documents, computer models, drawings, specifications and other hard copy or electronic media prepared by ENGINEER as part of the Services shall become the property of CITY OF FAYETTEVILLE when ENGINEER has been compensated for all Services rendered, provided, however, that ENGINEER shall have the unrestricted right to their use. ENGINEER shall, however, retain its rights in its standard drawings details, specifications, databases, computer software, and other proprietary property. Rights to intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of ENGINEER. 6.12.3 Any files delivered in electronic medium may not work on systems and software different than those with which they were originally produced. ENGINEER makes no warranty as to the compatibility of these files with any other system or software. Because of the potential degradation of electronic medium over time, in the event of a conflict between the sealed original drawings/hard copies and the electronic files, the sealed drawings/hard copies will govern. 6.13 Notices 6.13.1 Any Notice required under this Agreement will be in writing, addressed to the appropriate party at the following addresses: CITY OF FAYETTEVILLE's address: 113 West Mountain Street Fayetteville, Arkansas 72701 ENGINEER's address: 5001 W Founders Way, Suite L10 Rogers, Arkansas 72758 6.14 Successor and Assigns Hamestring Creek Watershed Analysis and Mitigation Alternatives 7 6.14.1 CITY OF FAYETTEVILLE and ENGINEER each binds himself and his successors, executors, administrators, and assigns to the other party of this Agreement and to the successors, executors, administrators, and assigns of such other party, in respect to all covenants of this Agreement; except as above, neither CITY OF FAYETTEVILLE nor ENGINEER shall assign, sublet, or transfer his interest in the Agreement without the written consent of the other. 6.15 Controlling Law 6.15.1 This Agreement shall be subject to, interpreted and enforced according to the laws of the State of Arkansas without regard to any conflicts of law provisions. 6.16 Entire Agreement 6.16.1 This Agreement represents the entire Agreement between ENGINEER and CITY OF FAYETTEVILLE relative to the Scope of Services herein. Since terms contained in purchase orders do not generally apply to professional services, in the event CITY OF FAYETTEVILLE issues to ENGINEER a purchase order, no preprinted terms thereon shall become a part of this Agreement. Said purchase order document, whether or not signed by ENGINEER, shall be considered as a document for CITY OF FAYETTEVILLE's internal management of its operations. SECTION 7 - SPECIAL CONDITIONS 7.1 Additional Responsibilities of ENGINEER 7.1.1 CITY OF FAYETTEVILLE's review, approval, or acceptance of design drawings, specifications, reports and other services furnished hereunder shall not in any way relieve ENGINEER of responsibility for the technical adequacy of the work. Neither CITY OF FAYETTEVILLE's review, approval or acceptance of, nor payment for any of the services shall be construed as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. 7.1.2 ENGINEER shall be and shall remain liable, in accordance with applicable law, for all damages to CITY OF FAYETTEVILLE caused by ENGINEER's negligent performance of any of the services furnished under this Agreement except for errors, omissions or other deficiencies to the extent attributable to CITY OF FAYETTEVILLE or CITY OF FAYETTEVILLE- furnished data. 7.1.3 ENGINEER's obligations under this clause are in addition to ENGINEER's other express or implied assurances under this Agreement or State law and in no way diminish any other rights that CITY OF FAYETTEVILLE may have against ENGINEER for faulty materials, equipment, or work. 7.2 Remedies 7.2.1 Except as may be otherwise provided in this Agreement, all claims, counter -claims, disputes and other matters in question between CITY OF FAYETTEVILLE and ENGINEER arising out of or relating to this Agreement or the breach thereof will be decided in a court of competent jurisdiction within Arkansas. Hamestring Creek Watershed Analysis and Mitigation Alternatives 7.3 Audit: Access to Records 7.3.1 ENGINEER shall maintain books, records, documents and other evidence directly pertinent to performance on work under this Agreement in accordance with generally accepted accounting principles and practices consistently applied in effect on the date of execution of this Agreement. ENGINEER shall also maintain the financial information and data used by ENGINEER in the preparation of support of the cost submission required for any negotiated agreement or change order and send to CITY OF FAYETTEVILLE a copy of the cost summary submitted. CITY OF FAYETTEVILLE, the State or any of their authorized representatives shall have access to all such books, records, documents and other evidence for the purpose of inspection, audit and copying during normal business hours. ENGINEER will provide proper facilities for such access and inspection. 7.3.2 Records under Paragraph 7.3.1 above, shall be maintained and made available during performance on assisted work under this Agreement and until three years from the date of final payment for the project. In addition, those records which relate to any controversy arising out of such performance, or to costs or items to which an audit exception has been taken, shall be maintained and made available until three years after the date of resolution of such appeal, litigation, claim or exception. 7.3.3 This right of access clause (with respect to financial records) applies to: 7.3.3.1 Negotiated prime agreements: 7.3.3.2 Negotiated change orders or agreement amendments in excess of $10,000 affecting the price of any formally advertised, competitively awarded, fixed price agreement: 7.3.3.3 Agreements or purchase orders under any agreement other than a formally advertised, competitively awarded, fixed price agreement. However, this right of access does not apply to a prime agreement, lower tier sub -agreement or purchase order awarded after effective price competition, except: 7.3.3.3.1 With respect to record pertaining directly to sub -agreement performance, excluding any financial records of ENGINEER; 7.3.3.3.2 If there is any indication that fraud, gross abuse or corrupt practices may be involved; 7.3.3.3.3 If the sub -agreement is terminated for default or for convenience. 7.4 Covenant Against Contingent Fees 7.4.1 ENGINEER warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement of understanding for a commission, percentage, brokerage or continent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by ENGINEER for the purpose of securing business. For breach or violation of this warranty, CITY OF FAYETTEVILLE shall have the right to annul this Agreement without liability or at its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. Hamestring Creek Watershed Analysis and Mitigation Alternatives 9 7.5 Gratuities 7.5.1 If CITY OF FAYETTEVILLE finds after a notice and hearing that ENGINEER or any of ENGINEER's agents or representatives, offered or gave gratuities (in the form of entertainment, gifts or otherwise) to any official, employee or agent of CITY OF FAYETTEVILLE, in an attempt to secure an agreement or favorable treatment in awarding, amending or making any determinations related to the performance of this Agreement, CITY OF FAYETTEVILLE may, by written notice to ENGINEER terminate this Agreement. CITY OF FAYETTEVILLE may also pursue other rights and remedies that the law or this Agreement provides. However, the existence of the facts on which CITY OF FAYETTEVILLE bases such finding shall be in issue and may be reviewed in proceedings under the Remedies clause of this Agreement. 7.5.2 In the event this Agreement is terminated as provided in Paragraph 7.5.1, CITY OF FAYETTEVILLE may pursue the same remedies against ENGINEER as it could pursue in the event of a breach of the Agreement by ENGINEER As a penalty, in addition to any other damages to which it may be entitled by law, CITY OF FAYETTEVILLE may pursue exemplary damages in an amount (as determined by CITY OF FAYETTEVILLE) which shall be not less than three nor more than ten times the costs ENGINEER incurs in providing any such gratuities to any such officer or employee. 7.6 Arkansas Freedom of Information Act 7.6.1 City contracts and documents, including internal documents and documents of subcontractors and sub -consultants, prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act (FOIA). If a Freedom of Information Act request is presented to the CITY OF FAYETTEVILLE, ENGINEER 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. IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and ENGINEER, by its authorized officer have made and executed this Agreement as of the day and year first above written. CITY OYIFAYETTEVL64*, ARKANSAS FREESE AND NICHOLS, INC. yor, Lioneld J ��`� kF;. •� TnF�n C. Hutson, PE ATTEST: FAY F_1TEVILLf By: i' C, Tltlii� Principal/Vice President City Clerk Trua6are(_ :���'. {''hAl..�.P _ �• END OF AGREEMENT FOIW4hj648*`NAL ENGINEERING SERVICES Hamestring Creek Watershed Analysis and Mitigation Alternatives 10 APPENDIX A Scope of Work for Basic Services COF Design and Grant Management Project Hamestring Creek Watershed Flood Mitigation and Grant Support Fayetteville, Washington County, Arkansas Attached to and made part of the Agreement for Professional Engineering Services dated , between Freese and Nichols Incorporated (ENGINEER) and the City of Fayetteville (CITY OF FAYETTEVILLE) with respect to the project described therein. The specific tasks and assumptions are provided below. Additionally, this contract may be funded in part by a Federal grant award. As such, ENGINEER shall certify that during the performance of work under this contract, ENGINEER will comply with all applicable local, state, and Federal laws, regulations, executive orders, Federal policies, procedures, directives, including regulations related to, but not limited to, the FEMA Hazard Mitigation Assistance programs. PROJECT DESCRIPTION The scope of the project is within the CITY OF FAYETTEVILLE and primarily consists of developing a Flood Mitigation Project and Funding Application in the Hamestring Creek Watershed. The ENGINEER will expand on previous Hamestring Creek Watershed analyses by performing hydraulic modeling that evaluates additional conceptual -level alternatives to reduce flood extents and elevations throughout the Hamestring Creek Watershed. The Project area for these analyses will be for the watershed area contributing to a point approximately 500-feet downstream of Interstate 49 and will include the stream segments Hamestring Creek Tributary HS3, South Fork Hamestring Creek, and Hamestring Creek. A preliminary Benefit/Cost Analysis (BCA) using the FEMA BCA toolkit on the two (2) most promising mitigation alternatives will be developed to assess potential eligibility for grant funding for design and construction of a flood mitigation project in this watershed. The project area will also be assessed for broader community resilience benefits that would enhance the viability of the project as a candidate for grant funding. This scope does not include coordination, preparation, or submittal of any data to state or federal agencies that may have a regulatory jurisdiction over the Project area, such as the Arkansas Natural Resources Division, U.S. Army Corps of Engineers, Federal Emergency Management Agency, etc., unless identified in the Project scope specifically. If required, these tasks may be performed as Additional Services. The pre -grant award services the ENGINEER shall provide as a part of this agreement are as described in Tasks 1 — 6 below. TASK 1— PROJECT AND QUALITY MANAGEMENT ENGINEER shall coordinate internally and with CITY OF FAYETTEVILLE for successful initiation, planning, execution, monitoring/controlling, and closeout. Scope of Work ENGINEER shall manage integration, scope, schedule, cost, quality, staff resources, communications, risk, and procurements, as necessary. ENGINEER will perform general project coordination, including: one (1) kick-off and four (4) recurring status/coordination meetings; one (1) meeting to present and discuss the results of the study; development of monthly progress reports; and invoicing and project emails and telephone calls with the CITY OF FAYETTEVILLE. Meetings will generally be hybrid with ENGINEER's team -members who are local being available in -person and non -local team -members participating virtually. Details on public meetings required by FEMA as a part of the grant application are outlined in the Task 4 section below. TASK 2 — DATA GATHERING AND PROCESSING ENGINEER will perform desktop and field reconnaissance activities, as needed, to: o Develop estimates for existing structures Finished Floor Elevations (e.g., approximate height above lowest adjacent grade based on existing LiDAR topographic data). o Classify the structures as single family residential, multi -family residential, commercial, or industrial; and o Determine the living space of each habitable structure based on property data recorded by the Washington County Assessor ENGINEER will obtain and utilize existing hydrologic and hydraulic modeling developed as part of a previous project within the Hamestring Creek watershed for the Project area. ENGINEER will obtain additional precipitation information for development of the 20%- and 4%-annual chance (5- and 25-year), 24-hour flood events from NOAA's Atlas 14 Precipitation Frequency Data Server. TASK 3 — HYDRAULIC MODEL UPDATE AND CONCEPTUAL ALTERNATIVE DEVELOPMENT ENGINEER will update existing hydraulic modeling for the Project area using information gathered from Task 1, as appropriate. Peak discharge information for the 20%-, 10%-4%- 9 2%-9 1%- and 0.2%-annual-chance, (5-, 10-, 50-9 25-, 100-, 500-year), 24-hour flood events will be used to determine existing condition's floodplain elevations and extents for the storm events listed above. Other than the development of the 20%- and 4%-annual chance flood events, no further hydrologic modeling revisions will be performed. ENGINEER will use the outcome of updated modeling to determine the: o Area within the watershed that will benefit from a flood mitigation project; and o Storm event at which significant flood damages begin to occur in the watershed. ENGINEER will evaluate four (4) conceptual -level alternatives relating to the potential for reduction of Base Flood Elevations, flood risk and floodplain mapping extents in the Scope of Work Project area for the storm event determined above. The following conceptual level scenarios will be evaluated as part of this Scope of Work. o Removal of the West End Apartment complex and addition of storage/detention areas along South Fork Hamestring Creek and Hamestring Creek. o Addition of storage/detention to the upstream end of Hamestring Creek in the vicinity of Lincolnwood Drive. o Addition of storage/detention to the upstream end of Hamestring Creek Tributary 3 (HS-3) in the Lewis Soccer Complex. o After review of modeled scenarios, ENGINEER will combine the three (3) described scenarios together to determine if all three scenarios provide additional reduction of flood elevations. • ENGINEER, with the City's input, will compare the level of benefit that appears to be achievable for each alternative and create a post -project conceptual model for the two (2) alternatives that appear to generate the greatest flood reduction benefit. The post -project model will estimate peak discharges for the 20%-, 10%-, 4%-, 2%-, 1 %- and 0.2%-annual- chance, (5-, 10-, 50-, 25-, 100-, 500-year), 24-hour flood events. Flood risk reduction metrics used to evaluate alternatives may include but are not limited to: estimated decrease in flood elevations, reduction in number/depth of flooded structures based on estimated finish floor elevations of structures in the inundation area, reduction in peak flow rates in the creek at each impacted property, and reduction in instances/depth of roadway overtopping. • This scope includes preparation of a brief technical memorandum of the final analysis extents for the Project area. The memorandum will include appendices providing the data from the modeling needed to complete the FEMA Benefit Cost Analysis including: o Flood depth reduction at each impacted property for each storm event modeled; o Creek flow rate reduction at each impacted property for each storm event modeled; o Creek flow line at each impacted property; and o Flood depth reduction on impacted roadways for each storm event modeled • If comments are provided by the CITY OF FAYETTEVILLE due to changes in regulations or to address other items outside the Project scope, Additional Services may be required to address such comments. TASK 4 — FEMA GRANT APPLICATION SUPPORT • ENGINEER will make a recommendation for funding based on the preliminary determination of project cost effectiveness. • ENGINEER will prepare a Notice of Intent and submit to the Arkansas Department of Emergency Management and Arkansas Department of Natural Resources for FEMA's Hazard Mitigation Assistance programs: Building Resilient Infrastructure and Communities (BRIC) and Flood Mitigation Assistance (FMA). Scope of Work 3 • ENGINEER will prepare a project report summarizing community -wide benefits of the proposed flood mitigation activity. • ENGINEER will facilitate two (2) public meetings to gather information for the FEMA application. • ENGINEER will provide pre -award project coordination with agencies whose regulations are required to be followed for Environmental and Historical Program requirements for Hazard Mitigation Assistance Grant requests including: o State Archeologist o State Historic Preservation Office o US Army Corps of Engineers o US Fish and Wildlife o Natural Resource Conservation Service o City of Fayetteville Floodplain Management Office • ENGINEER will develop a FEMA Benefit Cost Analysis using FEMA's 6.0 BCA Software as further outlined in Task 6 • ENGINEER will prepare supporting documentation for submittal in FEMA GO to the State of Arkansas and FEMA.... • ENGINEER will assist the City of Fayetteville with responses to any requests for information to the State of Arkansas or the Federal Emergency Management Agency (FEMA) TASK 5 — NATURE BASED SOLUTIONS (NBS) ALTERNATIVE IDENTIFICATION • Evaluate the drainage basin to identify locations and types of NBS measures that could be incorporated into a flood mitigation project to make a project more competitive for a federal grant award • Develop an aerial exhibit showing the potential locations for incorporation of an NBS measure, keyed to a brief narrative outlining the possible measure that could be employed in each location. TASK 6 — PRELIMINARY BENEFIT COST ANALYSIS (BCA) • Develop cost estimates of flood damages that would be mitigated in each of the alternatives evaluated in Task 3 • Develop Opinions of Probable Construction Cost (OPCC) for each of the alternatives evaluated in Task 3 Scope of Work 4 • Based on the above, develop a preliminary BCA using the FEMA 6.0 BCA Software Scope of Work APPENDIX B Schedule and Deliverables Hamestring Watershed Analysis, Mitigation Alternatives, and Grant Writing Services Fayetteville, Arkansas SCHEDULE Tasks M1gM2tM3 M4 MS M6 Project/Quality Management Data gathering and processing Hydraulic Model Update and Conceptual Alternative Development FEMA Grant Application Support Nature Based Solutions Alternatives Identification Preliminary Benefit Cost Analysis NOTE; Month 1 begins at Notice to Proceed DELIVERABLES • A technical memorandum, in digital PDF format with the content described in Task 3. • Phased application for Building Resilient Infrastructure and Communities (BRIC) and/or Flood Mitigation Assistance (FMA) funding depending on eligibility. APPENDIX C COMPENSATION Compensation to FNI for Basic Services in Appendix A shall be computed on the basis of the following Schedule of Charges, but shall not exceed One Hundred Fifty One Thousand Four Hundred Twenty Dollars ($151,420). If FNI sees the Scope of Services changing so that Additional Services are needed, including but not limited to those services described as Additional Services in Appendix A , FNI will notify OWNER for OWNER's approval before proceeding. Additional Services shall be computed based on the following Schedule of Charges. Hourly Rate Position Min Max Professional 1 85 166 Professional 2 101 166 Professional 3 121 260 Professional 4 121 296 Professional 189 325 Professional 208 394 Construction Manager 1 91 108 Construction Manager 2 91 163 Construction Manager 3 130 163 Construction Manager 150 208 Construction Manager 5 173 247 Construction Manager 6 238 293 Construction Representative 1 75 91 Construction Representative 2 85 91 Construction Representative 3 104 153 Construction Representative 4 108 173 CAD Technician/Designer 1 65 127 CAD Technician/Designer 2 104 156 CAD Technician/Designer 3 143 208 Corporate Project Support 1 59 127 Corporate Project Support 2 72 182 Corporate Project Support 3 85 335 Intern / Coop 46 78 Rates for In -House Services and Equipment Mileage Bulk Printing and Reproduction Equipment Standard IRS Rates B&W Color Valve Crew Vehicle (hour) $75 Small Format (per copy) $0.10 $0.25 Pressure Data Logger (each) $200 Technology Charge Large Format (per sq. ft.) Water Quality Meter (per day) $100 $8.50 per hour Bond $0.25 $0.75 Microscope (each) $150 Glossy / Mylar $0.75 $1.25 Pressure Recorder (per day) $100 Vinyl / Adhesive $1.50 $2.00 Ultrasonic Thickness Guage (per day) $275 Coating Inspection Kit (per day) $275 Mounting (per sq. ft.) $2.00 Flushing / Cfactor (each) $500 Binding (per binding) $0.25 Backpack Electrofisher (each) $1,000 Survey Grade Standard Drone (per day) $200 $100 GPS (per day) $150 $50 OTHER DIRECT EXPENSES: Other direct expenses are reimbursed at actual cost times a multiplier of 1.10. They include outside printing and reproduction expense, communication expense, travel, transportation and subsistence away from the FNI office. For other miscellaneous expenses directly related to the work, including costs of laboratory analysis, test, and other work required to be done by independent persons other than staff members, these services will be billed at a cost times a multipler of 1.10. For Resident Representative services performed by non-FNI employees and CAD services performed In-house by non-FNI employees where FNI provides workspace and equipment to perform such services, these services will be billed at cost times a multiplier of 2.0. This markup approximates the cost to FNI if an FNI employee was performing the same or similar services. These ranges and/or rates will be adjusted annually in February. Last updated 2023. 325022023 EXHIBIT C 2023 Fee Schedule' FTN Associates, Ltd. Labor Category Hourly Rate Professional 7 $ 240.00 Professional 6 215.00 Professional 5 195.00 Professional 4 175.00 Professional 3 155.00 Professional 2 135.00 Professional 1 125.00 Technician 4 120.00 Technician 3 105.00 Technician 2 95.00 Technician 1 80.00 Executive Assistant 85.00 Word Processing 75.00 Direct Expenses All direct project expenses will be invoiced at cost plus 10 percent. Direct project expenses include such items as travel, meals, lodging, shipping, supplies, consultants, subcontractors, etc. Vehicle mileage will be charged at standard IRS rates. A charge of 2 percent is applied to the total labor amount to cover communication charges and computer expenses associated with computer applications, data storage and backup. Should back-up data be requested for reimbursable expenses, it will be provided for an administrative fee. Payment Terms Unless other arrangements are made in writing, invoicing will be monthly for services completed and will be sent via email to the Client. Payment is due in full within 30 days of invoice and are preferred to be paid electronically through Automated Clearing House (ACH) system; however, other methods are acceptable. A service charge of 1.5 percent per month will be charged on all balances over 30 days. 'Effective January 1, 2023 — December 31, 2023 Initial Mtn Recieved By Chris Brown CITY O F 05/ 16/2023 @ 12:02 P.M AAftV FAYETTEVILLE ARKANSAS CONTRACT FOR PROFESSIONAL SERVICES RFQ 22-14, Watershed Design & Grant Management between City of Fayetteville, Arkansas and Freese and Nichols, Inc. THIS AGREEMENT is executed this day of , 2023, by and between the City of Fayetteville acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE or City) and Freese and Nichols, Inc. (hereinafter called Freese and Nichols). CITY OF FAYETTEVILLE from time to time requires professional services in connection with watershed design and the management of federal grants. Freese and Nichols was selected through RFQ 22-14 to provide the scope of work outlined and identified in this contract. Therefore, City and Freese and Nichols in consideration of their mutual covenants agree as follows: 1. Freese and Nichols shall serve as the professional consultant to the CITY in those assignments to which this Agreement applies and shall give consultation and advice to CITY OF FAYETTEVILLE during the performance of services defined in the scope of work. All services shall be performed under the direction of a licensed engineer registered in the State of Arkansas and qualified in the particular field. 2. Entire Agreement and Exhibits: This Agreement sets forth the entire agreement and understanding between the parties on the subject matter of this Agreement. Parties shall not be bound by any conditions, definitions, representations or warranties with respect to the subject matter of this Agreement other than those as expressly provided herein. This agreement may be modified only by a duly executed written instrument signed by the City and Freese and Nichols. a. Appendices included under this agreement include the following and shall govern in the following order. Contract language in this document shall prevail over all exhibits: i. Appendix A: Scope of Work & Fees ii. Appendix B: City's solicitation identified as RFQ 22-14, Watershed Design & Grant Management Services iii. Appendix C: Freese and Nichols's RFQ response iv. Appendix D: Freese and Nichols's Certificate of Insurance 3. Notices: Any notice required under this Agreement shall be in writing, address to the appropriate party at the following addresses: RFQ 22-14, Watershed Design & Grant Management Services Contract: Freese and Nichols, Inc. Page 1 of 13 — Last Revised: 02.10.23 a. City of Fayetteville: Attention: Mayor Lioneld Jordan, 113 W. Mountain, Fayetteville, AR 72701 b. Freese and Nichols, Inc.: Attention: Alan Hutson, PE, ENV SP, 5001 W. Founders Way, Suite 100, Rogers, AR 72758 4. Fees, Expenses, and Payments: a. The maximum not -to -exceed amount authorized for this agreement is $151,420.00 US DOLLARS which includes the services as shown below. Progress payments shall be paid to Freese and Nichols as described in Appendix A. b. Freese and Nichols shall track, log and report hours and expenses directly related to this Agreement. Invoices shall be itemized by phase. Invoice and payment requests shall not exceed the percentage for work completed as defined by Appendix A. c. Payment Terms: All invoices are payable upon approval and due within thirty (30) calendar days. If a portion of an invoice or statement is disputed by City, the undisputed portion shall be paid. CITY OF FAYETTEVILLE shall advise Freese and Nichols in writing of the basis for any disputed portion of any invoice. City shall make reasonable effort to pay invoices within 30 calendar days of date the invoice is approved. d. Monthly invoices for each calendar month shall be submitted to CITY OF FAYETTEVILLE or such parties as CITY OF FAYETTEVILLE may designate for professional services consistent with Freese and Nichols normal billing schedule. Once established, the billing schedule shall be maintained throughout the duration of the Project. Invoices shall be made in accordance with a format to be developed by Freese and Nichols and approved by CITY OF FAYETTEVILLE. Applications for payment shall be accompanied each month by the updated project schedule as the basis for determining the value earned as the work is accomplished. Final payment for professional services shall be made upon CITY OF FAYETTEVILLE'S approval and acceptance with the satisfactory completion of professional services for the Project. e. Final Payment: Upon satisfactory completion of the work performed under this Agreement, as a condition before final payment under this Agreement, or as a termination settlement under this Agreement, Freese and Nichols shall execute and deliver to CITY OF FAYETTEVILLE a release of all claims against CITY OF FAYETTEVILLE arising under or by virtue of this Agreement, except claims which are specifically exempted by Freese and Nichols to be set forth therein. Unless otherwise provided in this Agreement or by State law or otherwise expressly agreed to by the parties to this Agreement, final payment under this Agreement or settlement upon termination of this Agreement shall not constitute a waiver of CITY OF FAYETTEVILLE claims against Freese and Nichols or sureties under this Agreement. 5. Notices: Any notice required to be given under this Agreement to either party to the other shall be sufficient if addressed and mailed, certified mail, postage paid, delivery, fax or e-mail (receipt confirmed), or overnight courier. 6. Jurisdiction: Legal jurisdiction to resolve any disputes shall be Arkansas with Arkansas law applying to the case. 7. Venue: Venue for all legal disputes shall be Washington County, Arkansas. RFQ 22-14, Watershed Design & Grant Management Services Contract: Freese and Nichols, Inc. Page 2 of 13 — Last Revised: 02.10.23 8. Freedom of Information Act: City of Fayetteville contracts 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, Freese and Nichols 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 photo copying costs pursuant to the FOIA may be assessed for this compliance. 9. Changes in Scope or Price: Changes, modifications, or amendments in scope, price, or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost, or fees. 10. Omissions by the Engineer: If Freese and Nichols fails to include or omits an item from the Contract Documents, which was fully anticipated to be included in the Project, thereby necessitating the need for a Change Order, Freese and Nichols will not receive a fee for work associated with the Change Order. 11. Insurance: Freese and Nichols shall furnish a certificate of insurance addressed to the City of Fayetteville, showing coverages for the following insurance which shall be maintained throughout the term of this agreement. Any work sublet to major subconsultants including MEP, Structural, and Civil, Freese and Nichols shall require the subconsultant to provide the insurance identified. In case any employee engaged in work on the project under this contract is not protected under Worker's Compensation Insurance, Freese and Nichols shall provide and shall cause each Subcontractor to provide adequate insurance for the protection of such of his employees as are not otherwise protected. a. Freese and Nichols shall provide to the City certificates as evidence of the specified insurance presented in Appendix D within ten (10) calendar days of the date of this agreement and upon each renewal coverage. The City shall be listed as additional insured entity. b. Subconsultants shall maintain reasonable insurance including but not limited to worker's compensation, auto as applicable, general liability, errors and omissions, etc. 12. Professional Responsibility: Freese and Nichols -will exercise reasonable skill, care, and diligence in the performance of services and will carry out its responsibilities in accordance with customarily accepted professional practices. CITY OF FAYETTEVILLE will promptly report to Freese and Nichols any defects or suspected defects in services of which CITY OF FAYETTEVILLE becomes aware, so Freese and Nichols can take measures to minimize the consequences of such a defect. CITY OF FAYETTEVILLE retains all remedies to recover for its damages caused by any negligence of Freese and Nichols. 13. Responsibility of the City of Fayetteville a. CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of Freese and Nichols: i. Provide full information as to the requirements for the Project. ii. Assist Freese and Nichols by placing at Freese and Nichols's disposal all available information pertinent to the assignment including previous reports and any other data relative thereto. iii. Assist Freese and Nichols in obtaining access to property reasonably necessary for Freese and Nichols to perform its services under this Agreement. RFQ 22-14, Watershed Design & Grant Management Services Contract: Freese and Nichols, Inc. Page 3 of 13 — Last Revised: 02.10.23 iv. Examine all studies, reports, sketches, cost opinions, proposals, and other documents presented by Freese and Nichols and render in writing decisions pertaining thereto. v. Review all documents and provide written comments to Freese and Nichols in a timely uYrIBUTM vi. The City of Fayetteville's Staff Engineer is the project representative with respect to the services to be performed under this Agreement. The Staff Engineer shall have complete authority to transmit instructions, receive information, interpret and define policies and decisions with respect to materials, equipment, elements and systems to be used in the Project, and other matters pertinent to the services covered by this Agreement. 14. Cost Opinions and Projections: Cost opinions and projections prepared by Freese and Nichols relating to construction costs and schedules, operation and maintenance costs, equipment characteristics and performance, cost estimating, and operating results are based on Freese and Nichols's experience, qualifications, and judgment as an engineer professional. Since Freese and Nichols has no control over weather, cost and availability of labor, material and equipment, labor productivity, construction Contractors' procedures and methods, unavoidable delays, construction Contractors' methods of determining prices, economic conditions, competitive bidding or market conditions, and other factors affecting such cost opinions or projections, Freese and Nichols does not guarantee that actual rates, costs, performance, schedules, and related items will not vary from cost opinions and projections prepared by Freese and Nichols. 15. Period of Service: This Agreement will become effective upon the first written notice by CITY OF FAYETTEVILLE authorizing services hereunder. The provisions of this Agreement have been agreed to in anticipation of the orderly progress of the Project through completion of the services stated in the Agreement. Freese and Nichols will proceed with providing the authorized services immediately upon receipt of written authorization from CITY OF FAYETTEVILLE. Said authorization shall include the scope of the services authorized and the time in which the services are to be completed. The anticipated schedule for this project is included within Appendix A. 16. Debarment Certification: This contract is a covered transaction for purposes of 2 C.F.R. Part 180 and 2 C.F.R. Part 3000. As such, the contractor is required to verify that none of the contractor's principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). Freese and Nichols hereby provides debarment/suspension certification indicating compliance with the below Federal Executive Order. Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving individual awards, using federal funds, and all sub -recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. Freese and Nichols hereby attests its principal is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. The contractor must comply with 2 C.F.R. Part 180, subpart C and 2 C.F.R. Part 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it RFQ 22-14, Watershed Design & Grant Management Services Contract: Freese and Nichols, Inc. Page 4 of 13 — Last Revised: 02.10.23 enters into. This certification is a material representation of fact relied upon by the City of Fayetteville. If it is later determined that the contractor did not comply with 2 C.F.R. Part 180, subpart C and 2 C.F.R. Part 3000, subpart C, in addition to remedies available to the City of Fayetteville, the federal government may pursue available remedies, including but not limited to suspension and/or debarment. 17. Termination: a. This Agreement may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party, provided that no termination may be effected unless the other party is given: i. Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, ii. An opportunity for consultation with the terminating party prior to termination. b. This Agreement may be terminated in whole or in part in writing by CITY OF FAYETTEVILLE for its convenience, provided that Freese and Nichols is given: i. Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, ii. An opportunity for consultation with the terminating party prior to termination. c. If termination for default is affected by CITY OF FAYETTEVILLE, an equitable adjustment in the price provided for in this Agreement shall be made, but i. No amount shall be allowed for anticipated profit on unperformed services or other work, ii. Any payment due to Freese and Nichols at the time of termination may be adjusted to cover any additional costs to CITY OF FAYETTEVILLE because of Freese and Nichols's default. d. If termination for default is affected by Freese and Nichols, or if termination for convenience is affected by CITY OF FAYETTEVILLE, the equitable adjustment shall include a reasonable profit for services or other work performed. The equitable adjustment for any termination shall provide for payment to Freese and Nichols for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by Freese and Nichols relating to commitments which had become firm prior to the termination. e. Upon receipt of a termination action, Freese and Nichols shall: i. Promptly discontinue all affected work (unless the notice directs otherwise), ii. Deliver or otherwise make available to CITY OF FAYETTEVILLE all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by Freese and Nichols in performing this Agreement, whether completed or in process. f. Upon termination under sections above CITY OF FAYETTEVILLE may take over the work and may award another party an agreement to complete the work under this Agreement. RFQ 22-14, Watershed Design & Grant Management Services Contract: Freese and Nichols, Inc. Page 5 of 13 — Last Revised: 02.10.23 g. If, after termination for failure of Freese and Nichols to fulfill contractual obligations, it is determined that Freese and Nichols had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of CITY OF FAYETTEVILLE. In such event, adjustments of the agreement price shall be made as provided in this agreement. 18. Delays a. In the event the services of Freese and Nichols are suspended or delayed by CITY OF FAYETTEVILLE or by other events beyond Freese and Nichols's reasonable control, Freese and Nichols shall be entitled to additional compensation and time for reasonable documented costs actually incurred by Freese and Nichols in temporarily closing down or delaying the Project. b. In the event the services are suspended or delayed by Freese and Nichols, City shall be entitled to compensation for its reasonable costs incurred in temporarily closing down or delaying the project. The City does not agree to waive its right to claim (in addition to direct damages) special, indirect, or consequential damages, whether such liability arises in breach of contract or warranty, tort (including negligence), strict or statutory liability, or any other cause of action. 19. Rights and Benefits: Freese and Nichols's services shall be performed solely for the benefit of CITY OF FAYETTEVILLE and not for the benefit of any other persons or entities. 20. Dispute Resolution a. Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes between CITY OF FAYETTEVILLE and Freese and Nichols which arise from, or in any way are related to, this Agreement, including, but not limited to the interpretation of this Agreement, the enforcement of its terms, any acts, errors, or omissions of CITY OF FAYETTEVILLE or Freese and Nichols in the performance of this Agreement, and disputes concerning payment. b. Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate. If timely Notice is given as described in this agreement, but an action is initiated prior to exhaustion of these procedures, such action shall be stayed, upon application by either party to a court of proper jurisdiction, until the procedures in this agreement have been complied with. c. Notice of Dispute i. For disputes arising prior to the making of final payment promptly after the occurrence of any incident, action, or failure to act upon which a claim is based, the party seeking relief shall serve the other party with a written Notice. ii. For disputes arising within one year after the making of final payment, CITY OF FAYETTEVILLE shall give Freese and Nichols written Notice at the address listed in this agreement within thirty (30) calendar days after occurrence of any incident, accident, or first observance of defect or damage. In both instances, the Notice shall specify the nature and amount of relief sought, the reason relief should be granted, and the appropriate portions of this Agreement that authorize the relief requested. iii. Negotiation: Within seven (7) calendar days of receipt of the Notice, the Project Managers for CITY OF FAYETTEVILLE and Freese and Nichols shall confer in an effort to resolve the dispute. If the dispute cannot be resolved at that level, then, upon written request of either side, the matter shall be referred to the President of Freese and Nichols and the RFQ 22-14, Watershed Design & Grant Management Services Contract: Freese and Nichols, Inc. Page 6 of 13 — Last Revised: 02.10.23 Mayor of CITY OF FAYETTEVILLE or his designee. These officers shall meet at the Project Site or such other location as is agreed upon within 30 calendar days of the written request to resolve the dispute. 21. Sufficient Funds: The CITY represents it has sufficient funds or the means of obtaining funds to remit payment to Freese and Nichols for services rendered by Freese and Nichols. 22. Publications: Recognizing the importance of professional development on the part of Freese and Nichols's employees and the importance of Freese and Nichols's public relations, Freese and Nichols may prepare publications, such as technical papers, articles for periodicals, promotional materials, and press releases, in electronic or other format, pertaining to Freese and Nichols's services for the Project. Such publications will be provided to CITY OF FAYETTEVILLE in draft form for CITY OF FAYETTEVILLE's advance review. CITY OF FAYETTEVILLE shall review such drafts promptly and provide CITY OF FAYETTEVILLE's comments to Freese and Nichols, CITY OF FAYETTEVILLE may require deletion of proprietary data or confidential information from such publications, but otherwise CITY OF FAYETTEVILLE will not unreasonably withhold approval. Approved materials may be used in a variety of situations and do not require additional review or approval for each use. The cost of Freese and Nichols's activities pertaining to any such publication shall be for Freese and Nichols's account. 23. Indemnification: Freese and Nichols shall indemnify and hold harmless the City and any of its officers, or employees from and against all liabilities, claims, actions, damages, losses and expenses, including reasonable attorneys' fees and costs, arising out of or resulting in any way from the performance of professional services for the City in Freese and Nichols's capacity as an engineer, and caused by any willful or negligent error, omission, or act of Freese and Nichols or any person employed by it or anyone for whose acts Freese and Nichols is legally liable. 24. Ownership of Documents: a. All documents provided by CITY OF FAYETTEVILLE including original drawings, CAD drawings, estimates, field notes, and project data are and remain the property of CITY OF FAYETTEVILLE. Freese and Nichols may retain reproduced copies of drawings and copies of other documents. b. Engineering and architectural documents, computer models, drawings, specifications and other hard copy or electronic media prepared by Freese and Nichols as part of the Services shall become the property of CITY OF FAYETTEVILLE when Freese and Nichols has been compensated for all Services rendered, provided, however, that Freese and Nichols shall have an unrestricted perpetual license right to their use. Freese and Nichols shall, however, retain its rights in its standard drawings details, specifications, databases, computer software, and other proprietary property. Rights to intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of Freese and Nichols. c. Any files delivered in electronic medium may not work on systems and software different than those with which they were originally produced. Freese and Nichols makes no warranty as to the compatibility of these files with any other system or software. Because of the potential degradation of electronic medium over time, in the event of a conflict between the sealed original drawings/hard copies and the electronic files, the sealed drawings/hard copies will govern. RFQ 22-14, Watershed Design & Grant Management Services Contract: Freese and Nichols, Inc. Page 7 of 13 — Last Revised: 02.10.23 25. Additional Responsibilities of Freese and Nichols: a. Review, approval, or acceptance of design drawings, specifications, reports and other services furnished hereunder by CITY shall not in any way relieve Freese and Nichols of responsibility for the technical adequacy of the work. Review, approval or acceptance of, or payment for any of the services by CITY shall not be construed as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. b. Freese and Nichols shall be and shall remain liable, in accordance with applicable law, for all damages to CITY OF FAYETTEVILLE caused by Freese and Nichols's negligent performance, except beyond the Freese and Nichols normal standard of care, of any of the services furnished under this Agreement, and except for errors, omissions or other deficiencies to the extent attributable to CITY OF FAYETTEVILLE or CITY OF FAYETTEVILLE-furnished data. c. Freese and Nichols's obligations under this clause are in addition to Freese and Nichols's other express or implied assurances under this Agreement or State law and in no way diminish any other rights that CITY OF FAYETTEVILLE may have against Freese and Nichols for faulty materials, equipment, or work. 26. Audit and Access to Records: a. Freese and Nichols shall maintain books, records, documents and other evidence directly pertinent to performance on work under this Agreement in accordance with generally accepted accounting principles and practices consistently applied in effect on the date of execution of this Agreement. b. Freese and Nichols agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. c. Freese and Nichols shall also maintain the financial information and data used by Freese and Nichols in the preparation of support of the cost submission required for any negotiated agreement or change order and send to CITY OF FAYETTEVILLE a copy of the cost summary submitted. CITY OF FAYETTEVILLE, or any of their authorized representatives shall have access to all such books, records, documents and other evidence for the purpose of inspection, audit and copying during normal business hours. Freese and Nichols will provide proper facilities for such access and inspection. Freese and Nichols agrees to provide the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. d. Records shall be maintained and made available during performance on assisted work under this Agreement and until three years from the date of final payment for the project. In addition, those records which relate to any controversy arising out of such performance, or to costs or items to which an audit exception has been taken, shall be maintained and made available until three years after the date of resolution of such appeal, litigation, claim or exception. RFQ 22-14, Watershed Design & Grant Management Services Contract: Freese and Nichols, Inc. Page 8 of 13 — Last Revised: 02.10.23 e. This right of access clause (with respect to financial records) applies to: i. Negotiated prime agreements: ii. Negotiated change orders or agreement amendments affecting the price of any formally advertised, competitively awarded, fixed price agreement: iii. Agreements or purchase orders under any agreement other than a formally advertised, competitively awarded, fixed price agreement. However, this right of access does not apply to a prime agreement, lower tier sub agreement or purchase order awarded after effective price competition, except: 1. With respect to record pertaining directly to sub agreement performance, excluding any financial records of Freese and Nichols; 2. If there is any indication that fraud, gross abuse or corrupt practices may be involved; 3. If the sub agreement is terminated for default or for convenience. 27. Covenant Against Contingent Fees: Freese and Nichols warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement of understanding for a commission, percentage, brokerage or continent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by Freese and Nichols for the purpose of securing business. For breach or violation of this warranty, CITY OF FAYETTEVILLE shall have the right to annul this Agreement without liability or at its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 28. Gratuities: a. If CITY OF FAYETTEVILLE finds after a notice and hearing that Freese and Nichols or any of Freese and Nichols's agents or representatives, offered or gave gratuities (in the form of entertainment, gifts or otherwise) to any official, employee or agent of CITY OF FAYETTEVILLE, or related third party contractor associated with this project, in an attempt to secure an agreement or favorable treatment in awarding, amending or making any determinations related to the performance of this Agreement, CITY OF FAYETTEVILLE may, by written notice to Freese and Nichols terminate this Agreement. CITY OF FAYETTEVILLE may also pursue other rights and remedies that the law or this Agreement provides. However, the existence of the facts on which CITY OF FAYETTEVILLE bases such finding shall be in issue and may be reviewed in proceedings under the Remedies clause of this Agreement. b. The CITY may pursue the same remedies against Freese and Nichols as it could pursue in the event of a breach of the Agreement by Freese and Nichols. As a penalty, in addition to any other damages to which it may be entitled by law, CITY OF FAYETTEVILLE may pursue exemplary damages in an amount, as determined by CITY, which shall be not less than three nor more than ten times the costs Freese and Nichols incurs in providing any such gratuities to any such officer or employee. 29. Clarification and Understanding of all parties: Freese and Nichols shall not assign its duties under the terms of this agreement without prior written consent of the City. Subconsultants identified in Freese and Nichols's response shall be permitted as being referenced herein. RFQ 22-14, Watershed Design & Grant Management Services Contract: Freese and Nichols, Inc. Page 9 of 13 — Last Revised: 02.10.23 30. Equal Employment Opportunity: The parties hereby incorporate by reference the Equal Employment Opportunity Clause required under 41 C.F.R. § 60-1.4, 41 C.F.R. § 60-300.5(a), and 41 C.F.R. § 60-741.5(a), if applicable. a. Architect shall abide by the requirements of 41 CFR §§ 60-1.4(a), 60- 300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity, or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, protected veteran status or disability. b. Engineer and subconsultants certify that they do not maintain segregated facilities or permit their employees to perform services at locations where segregated facilities are maintained, as required by 41 CFR 60-1.8. 31. Prohibition on Contracting for Covered Telecommunications Equipment or Services a. Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services (Interim), as used in this clause. b. Prohibitions. i. Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. ii. Unless an exception in paragraph (c) of this clause applies, Freese and Nichols and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: 1. Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; 2. Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; 3. Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or 4. Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered RFQ 22-14, Watershed Design & Grant Management Services Contract: Freese and Nichols, Inc. Page 10 of 13 — Last Revised: 02.10.23 telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. c. Exceptions: This clause does not prohibit contractors from providing- 1. A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangements; or 2. Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. By necessary implication and regulation, the prohibitions also do not apply to: 1. Covered telecommunications equipment or services that: 2. Are not used as a substantial or essential component of any system; and 3. Are not used as critical technology of any system. iii. Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. d. Reporting requirement. i. In the event Freese and Nichols identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. Freese and Nichols shall report the following information pursuant to paragraph (d)(1) of this clause: 1. Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.' 2. Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment orservices. e. Subcontracts. Freese and Nichols shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments. RFQ 22-14, Watershed Design & Grant Management Services Contract: Freese and Nichols, Inc. Page 11 of 13 — Last Revised: 02.10.23 32. Domestic Preference for Procurements. As appropriate, and to the extent consistent with law, the contractor should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products. For purposes of this clause: a. Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. b. Manufactured products mean items and construction materials composed in whole or in part of non- ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 33. Miscellaneous. Clean Air Act. Freese and Nichols agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. Freese and Nichols agrees to report each violation to the City of Fayetteville and understands and agrees that the City of Fayetteville will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency (FEMA), and the appropriate Environmental Protection Agency Regional Office. Freese and Nichols agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance provided by FEMA. b. Federal Water Pollution Control Act. Freese and Nichols agrees to comply with all applicable standards, orders, or regulations issued pursuant to the federal Water Pollution Control Act, as amended, 33 U.S.C. § 1251 et seq. Freese and Nichols agrees to report each violation to the City of Fayetteville and understands and agrees that the City of Fayetteville will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency (FEMA), and the appropriate Environmental Protection Agency Regional Office. Freese and Nichols agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance provided by FEMA. Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (as amended). Contractors who apply or bid for an award of more than $100,000 shall file the required certification. Each tier certifies to the tier above that it will not and has not used federally appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the federal awarding agency. d. The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre -approval. The contractor shall include this provision in any subcontracts. RFQ 22-14, Watershed Design & Grant Management Services Contract: Freese and Nichols, Inc. Page 12 of 13 — Last Revised: 02.10.23 e. This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. The federal government is not a party to this contract and is not subject to any obligations or liabilities to the non-federal entity, contractor, or any other party pertaining to any matter resulting from the contract. g. The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. h. If subcontracts are to be let, the prime contractor is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible. IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and FREESE AND NICHOLS, INC., by its authorized officer, have made and executed this Agreement as of the day and year first above written. CITY OF FAYETTEVILLE, ARKANSAS (CITY) By: LIONELD JORDAN, MAYOR ATTEST: 0 Kara Paxton, City Clerk Date Signed: RFQ 22-14, Watershed Design & Grant Management Services Contract: Freese and Nichols, Inc. Page 13 of 13 — Last Revised: 02.10.23 FREESE AND NICHOLS, INC. ALAN HUTSON, PE, PRINCIPAL/VICE PRESIDENT Date Signed: APPENDIX A Scope of Work and Fee for Basic Services COF Design and Grant Management Project Hamestring Creek Watershed Flood Mitigation and Grant Support Fayetteville, Washington County, Arkansas Attached to and made part of the Agreement for Professional Engineering Services dated , between Freese and Nichols Incorporated (ENGINEER) and the City of Fayetteville (CITY OF FAYETTEVILLE) with respect to the project described therein. The specific tasks and assumptions are provided below. Additionally, this contract may be funded in part by a Federal grant award. As such, ENGINEER shall certify that during the performance of work under this contract, ENGINEER will comply with all applicable local, state, and Federal laws, regulations, executive orders, Federal policies, procedures, directives, including regulations related to, but not limited to, the FEMA Hazard Mitigation Assistance programs. PROJECT DESCRIPTION The scope of the project is within the CITY OF FAYETTEVILLE and primarily consists of developing a Flood Mitigation Project and Funding Application in the Hamestring Creek Watershed. The ENGINEER will expand on previous Hamestring Creek Watershed analyses by performing hydraulic modeling that evaluates additional conceptual -level alternatives to reduce flood extents and elevations throughout the Hamestring Creek Watershed. The Project area for these analyses will be for the watershed area contributing to a point approximately 500-feet downstream of Interstate 49 and will include the stream segments Hamestring Creek Tributary HS3, South Fork Hamestring Creek, and Hamestring Creek. A preliminary Benefit/Cost Analysis (BCA) using the FEMA BCA toolkit on the two (2) most promising mitigation alternatives will be developed to assess potential eligibility for grant funding for design and construction of a flood mitigation project in this watershed. The project area will also be assessed for broader community resilience benefits that would enhance the viability of the project as a candidate for grant funding. This scope does not include coordination, preparation, or submittal of any data to state or federal agencies that may have a regulatory jurisdiction over the Project area, such as the Arkansas Natural Resources Division, U.S. Army Corps of Engineers, Federal Emergency Management Agency, etc., unless identified in the Project scope specifically. If required, these tasks may be performed as Additional Services. The pre -grant award services the ENGINEER shall provide as a part of this agreement are as described in Tasks 1 — 6 below. TASK 1— PROJECT AND QUALITY MANAGEMENT ENGINEER shall coordinate internally and with CITY OF FAYETTEVILLE for successful initiation, planning, execution, monitoring/controlling, and closeout. Scope of Work and Fees ENGINEER shall manage integration, scope, schedule, cost, quality, staff resources, communications, risk, and procurements, as necessary. ENGINEER will perform general project coordination, including: one (1) kick-off and four (4) recurring status/coordination meetings; one (1) meeting to present and discuss the results of the study; development of monthly progress reports; and invoicing and project emails and telephone calls with the CITY OF FAYETTEVILLE. Meetings will generally be hybrid with ENGINEER's team -members who are local being available in -person and non -local team -members participating virtually. Details on public meetings required by FEMA as a part of the grant application are outlined in the Task 4 section below. TASK 2 — DATA GATHERING AND PROCESSING ENGINEER will perform desktop and field reconnaissance activities, as needed, to: o Develop estimates for existing structures Finished Floor Elevations (e.g., approximate height above lowest adjacent grade based on existing LiDAR topographic data). o Classify the structures as single family residential, multi -family residential, commercial, or industrial; and o Determine the living space of each habitable structure based on property data recorded by the Washington County Assessor ENGINEER will obtain and utilize existing hydrologic and hydraulic modeling developed as part of a previous project within the Hamestring Creek watershed for the Project area. ENGINEER will obtain additional precipitation information for development of the 20%- and 4%-annual chance (5- and 25-year), 24-hour flood events from NOAA's Atlas 14 Precipitation Frequency Data Server. TASK 3 — HYDRAULIC MODEL UPDATE AND CONCEPTUAL ALTERNATIVE DEVELOPMENT ENGINEER will update existing hydraulic modeling for the Project area using information gathered from Task 1, as appropriate. Peak discharge information for the 20%-, 10%-4%- 9 2%-9 1%- and 0.2%-annual-chance, (5-, 10-, 50-9 25-, 100-, 500-year), 24-hour flood events will be used to determine existing condition's floodplain elevations and extents for the storm events listed above. Other than the development of the 20%- and 4%-annual chance flood events, no further hydrologic modeling revisions will be performed. ENGINEER will use the outcome of updated modeling to determine the: o Area within the watershed that will benefit from a flood mitigation project; and o Storm event at which significant flood damages begin to occur in the watershed. ENGINEER will evaluate four (4) conceptual -level alternatives relating to the potential for reduction of Base Flood Elevations, flood risk and floodplain mapping extents in the Scope of Work and Fees 2 Project area for the storm event determined above. The following conceptual level scenarios will be evaluated as part of this Scope of Work. o Removal of the West End Apartment complex and addition of storage/detention areas along South Fork Hamestring Creek and Hamestring Creek, including the Niblock property. o Addition of storage/detention to the upstream end of Hamestring Creek in the vicinity of Lincolnwood Drive. o Addition of storage/detention to the upstream end of Hamestring Creek Tributary 3 (HS-3) in the Lewis Soccer Complex. o After review of modeled scenarios, ENGINEER will combine the three (3) described scenarios together to determine if all three scenarios provide additional reduction of flood elevations. • ENGINEER, with the City's input, will compare the level of benefit that appears to be achievable for each alternative and create a post -project conceptual model for the two (2) alternatives that appear to generate the greatest flood reduction benefit. The post -project model will estimate peak discharges for the 20%-, 10%-, 4%-, 2%-, 1 %- and 0.2%-annual- chance, (5-, 10-, 50-, 25-, 100-, 500-year), 24-hour flood events. Flood risk reduction metrics used to evaluate alternatives may include but are not limited to: estimated decrease in flood elevations, reduction in number/depth of flooded structures based on estimated finish floor elevations of structures in the inundation area, reduction in peak flow rates in the creek at each impacted property, and reduction in instances/depth of roadway overtopping. • This scope includes preparation of a brief technical memorandum of the final analysis extents for the Project area. The memorandum will include appendices providing the data from the modeling needed to complete the FEMA Benefit Cost Analysis including: o Flood depth reduction at each impacted property for each storm event modeled; o Creek flow rate reduction at each impacted property for each storm event modeled; o Creek flow line at each impacted property; and o Flood depth reduction on impacted roadways for each storm event modeled • If comments are provided by the CITY OF FAYETTEVILLE due to changes in regulations or to address other items outside the Project scope, Additional Services may be required to address such comments. TASK 4 — FEMA GRANT APPLICATION SUPPORT • ENGINEER will make a recommendation for funding based on the preliminary determination of project cost effectiveness. • ENGINEER will prepare a Notice of Intent and submit to the Arkansas Department of Emergency Management and Arkansas Department of Natural Resources for FEMA's Scope of Work and Fees 3 Hazard Mitigation Assistance programs: Building Resilient Infrastructure and Communities (BRIO) and Flood Mitigation Assistance (FMA). • ENGINEER will prepare a project report summarizing community -wide benefits of the proposed flood mitigation activity. • ENGINEER will facilitate two (2) public meetings to gather information for the FEMA application. • ENGINEER will provide pre -award project coordination with agencies whose regulations are required to be followed for Environmental and Historical Program requirements for Hazard Mitigation Assistance Grant requests including: o State Archeologist o State Historic Preservation Office o US Army Corps of Engineers o US Fish and Wildlife o Natural Resource Conservation Service o City of Fayetteville Floodplain Management Office • ENGINEER will develop a FEMA Benefit Cost Analysis using FEMA's 6.0 BCA Software as further outlined in Task 6 • ENGINEER will prepare supporting documentation for submittal in FEMA GO to the State of Arkansas and FEMA.... • ENGINEER will assist the City of Fayetteville with responses to any requests for information to the State of Arkansas or the Federal Emergency Management Agency (FEMA) TASK 5 — NATURE BASED SOLUTIONS (NBS) ALTERNATIVE IDENTIFICATION • Evaluate the drainage basin to identify locations and types of NBS measures that could be incorporated into a flood mitigation project to make a project more competitive for a federal grant award • Develop an aerial exhibit showing the potential locations for incorporation of an NBS measure, keyed to a brief narrative outlining the possible measure that could be employed in each location. TASK 6 — PRELIMINARY BENEFIT COST ANALYSIS (BCA) • Develop cost estimates of flood damages that would be mitigated in each of the alternatives evaluated in Task 3 Scope of Work and Fees 4 • Develop Opinions of Probable Construction Cost (OPCC) for each of the alternatives evaluated in Task 3 • Based on the above, develop a preliminary BCA using the FEMA 6.0 BCA Software for the alternatives evaluated in Task 3. Additionally, a BCA will be conducted for a buyout option using the estimated cost of damages avoided, as calculated through the analysis described above, and an estimate of property acquisition costs based on current property values established by the Washington County Assessor. Scope of Work and Fees APPENDIX C COMPENSATION Compensation to FNI for Basic Services in Appendix A shall be computed on the basis of the following Schedule of Charges, but shall not exceed One Hundred Fifty One Thousand Four Hundred Twenty Dollars ($151,420). If FNI sees the Scope of Services changing so that Additional Services are needed, including but not limited to those services described as Additional Services in Appendix A , FNI will notify OWNER for OWNER's approval before proceeding. Additional Services shall be computed based on the following Schedule of Charges. Hourly Rate Position Min Max Professional 1 85 166 Professional 2 101 166 Professional 3 121 260 Professional 4 121 296 Professional 189 325 Professional 208 394 Construction Manager 1 91 108 Construction Manager 2 91 163 Construction Manager 3 130 163 Construction Manager 150 208 Construction Manager 5 173 247 Construction Manager 6 238 293 Construction Representative 1 75 91 Construction Representative 2 85 91 Construction Representative 3 104 153 Construction Representative 4 108 173 CAD Technician/Designer 1 65 127 CAD Technician/Designer 2 104 156 CAD Technician/Designer 3 143 208 Corporate Project Support 1 59 127 Corporate Project Support 2 72 182 Corporate Project Support 3 85 335 Intern / Coop 46 78 Rates for In -House Services and Equipment Mileage Bulk Printing and Reproduction Equipment Standard IRS Rates B&W Color Valve Crew Vehicle (hour) $75 Small Format (per copy) $0.10 $0.25 Pressure Data Logger (each) $200 Technology Charge Large Format (per sq. ft.) Water Quality Meter (per day) $100 $8.50 per hour Bond $0.25 $0.75 Microscope (each) $150 Glossy / Mylar $0.75 $1.25 Pressure Recorder (per day) $100 Vinyl / Adhesive $1.50 $2.00 Ultrasonic Thickness Guage (per day) $275 Coating Inspection Kit (per day) $275 Mounting (per sq. ft.) $2.00 Flushing / Cfactor (each) $500 Binding (per binding) $0.25 Backpack Electrofisher (each) $1,000 Survey Grade Standard Drone (per day) $200 $100 GPS (per day) $150 $50 OTHER DIRECT EXPENSES: Other direct expenses are reimbursed at actual cost times a multiplier of 1.10. They include outside printing and reproduction expense, communication expense, travel, transportation and subsistence away from the FNI office. For other miscellaneous expenses directly related to the work, including costs of laboratory analysis, test, and other work required to be done by independent persons other than staff members, these services will be billed at a cost times a multipler of 1.10. For Resident Representative services performed by non-FNI employees and CAD services performed In-house by non-FNI employees where FNI provides workspace and equipment to perform such services, these services will be billed at cost times a multiplier of 2.0. This markup approximates the cost to FNI if an FNI employee was performing the same or similar services. These ranges and/or rates will be adjusted annually in February. Last updated 2023. 325022023 EXHIBIT C 2023 Fee Schedule' FTN Associates, Ltd. Labor Category Hourly Rate Professional 7 $ 240.00 Professional 6 215.00 Professional 5 195.00 Professional 4 175.00 Professional 3 155.00 Professional 2 135.00 Professional 1 125.00 Technician 4 120.00 Technician 3 105.00 Technician 2 95.00 Technician 1 80.00 Executive Assistant 85.00 Word Processing 75.00 Direct Expenses All direct project expenses will be invoiced at cost plus 10 percent. Direct project expenses include such items as travel, meals, lodging, shipping, supplies, consultants, subcontractors, etc. Vehicle mileage will be charged at standard IRS rates. A charge of 2 percent is applied to the total labor amount to cover communication charges and computer expenses associated with computer applications, data storage and backup. Should back-up data be requested for reimbursable expenses, it will be provided for an administrative fee. Payment Terms Unless other arrangements are made in writing, invoicing will be monthly for services completed and will be sent via email to the Client. Payment is due in full within 30 days of invoice and are preferred to be paid electronically through Automated Clearing House (ACH) system; however, other methods are acceptable. A service charge of 1.5 percent per month will be charged on all balances over 30 days. 'Effective January 1, 2023 — December 31, 2023 Initial Mtn APPENDIX A Attachment 2 Schedule and Deliverables Hamestring Watershed Analysis, Mitigation Alternatives, and Grant Writing Services Fayetteville, Arkansas SCHEDULE Tasks I M1 M2 M3 M4 M5 M6 Project/Quality Management Data gathering and processing Hydraulic Model Update and Conceptual Alternative Development FEMA Grant Application Support Nature Based Solutions Alternatives Identification Preliminary Benefit Cost Analysis NOTE; Month 1 begins at Notice to Proceed DELIVERABLES • A technical memorandum, in digital PDF format with the content described in Task 3. • Phased application for Building Resilient Infrastructure and Communities (BRIC) and/or Flood Mitigation Assistance (FMA) funding depending on eligibility. App A/Att 2 CITY OF 94V _ FAYETTEVILLE ARKANSAS City of Fayetteville, Arkansas Purchasing Division — Room 306 113 W. Mountain Fayetteville, AR 72701 Phone: 479.575.8256 TDD (Telecommunication Device for the Deaf): 479.521.1316 REQUEST FOR QUALIFICATIONS: RFQ 22-14, Watershed Design & Grant Management Services DEADLINE: Thursday, January 12, 2023 before 2:00 PM, local time PRE -PROPOSAL CONFERENCE: Thursday, December 29, 2022 at 10:00 AM via Zoom SR. PURCHASING AGENT: Amanda Beilfuss, abeilfuss@fayetteville-ar.gov DATE OF ISSUE AND ADVERTISEMENT: 12/18/2022 REQUEST FOR STATEMENT OF QUALIFICATION RFQ 22-14, Watershed Design & Grant Management Services Submittals shall be submitted via upload and complete submission on the City's electronic platform at www.favetteville- ar.gov/bids. No physical copies shall be submitted. The City will not accept late or misdirected responses. All statements of qualification shall be submitted in accordance with the attached City of Fayetteville specifications and documents attached hereto. Each Proposer is required to fill in every blank and shall supply all information requested; failure to do so may be used as basis of rejection. Any bid, proposal, or statements of qualification will be rejected that violates or conflicts with state, local, or federal laws, ordinances, or policies. The undersigned hereby offers to furnish & deliver the articles or services as specified, at the prices & terms stated herein, and in strict accordance with the specifications and general conditions of bidding, all of which are made a part of this offer. This offer is not subject to withdrawal unless upon mutual written agreement by the Proposer/Bidder and City Purchasing Manager. Name of Firm: Contact Person: E-Mail: Business Address: City: Signature: City of Fayetteville, AR RFQ 22-14, Watershed Design & Grant Management Services Page 1 of 17 State: Title: Fill onema- Date: Zip: City of Fayetteville RFQ 22-14, Watershed Design & Grant Management Services Advertisement City of Fayetteville, AR Request for Statements of Qualification RFQ 22-14, Watershed Design & Grant Management Services The City of Fayetteville, Arkansas, is requesting statements of qualification from firms interested in providing engineering services associated with applying for, designing and managing watershed projects through the Federal Emergency Management Association (FEMA) Hazard Mitigation Assessment (HMA) grant process as well as other grant sources available to local municipalities at the state and federal level. All statements shall be received by Thursday, January 12, 2023 before 2:00 PM, local time utilizing the City's electronic platform located at http://fayetteville-ar.gov/bids. Late or misdirected proposals shall not be accepted. Submittals will not be accepted after the deadline. The City of Fayetteville shall not be responsible for lost or misdirected RFQ's, or failure of bidder's technical equipment. Forms & addendums can be downloaded from the City's web site at http://fayetteville-ar.gov/bids. All questions regarding the process should be directed to Amanda Beilfuss at abeilfuss@fayetteville-ar.gov or (479) 575-8220. A non -mandatory pre -proposal conference will be held Thursday, December 29, 2022 at 10:00 AM virtually via Zoom. Information regarding the pre -bid meeting is available on the project page on the City's electronic bidding platform. All interested parties are encouraged to attend. Statements of qualification submitted shall be qualified to do business and licensed in accordance with all applicable laws of the state and local governments where the project is located. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. The City of Fayetteville reserves the right to reject any or all proposals and to waive irregularities therein, and all Proposers shall agree that such rejection shall be without liability on the part of the City of Fayetteville for any damage or claim brought by any Proposer because of such rejections, nor shall the Proposers seek any recourse of any kind against the City of Fayetteville because of such rejections. The filing of any Proposal in response to this invitation shall constitute an agreement of the Proposer to these conditions. City of Fayetteville By: Amanda Beilfuss, Sr. Purchasing Agent P: 479.575.8220 abeilfuss@fayetteville-ar.gov TDD (Telecommunications Device for the Deaf): (479) 521-1316 Date of advertisement: 12/18/2022 This publication was paid for by the Purchasing Division of the City of Fayetteville, Arkansas. Amount paid: $197.82. City of Fayetteville, AR RFQ 22-14, Watershed Design & Grant Management Services Page 2 of 17 City of Fayetteville RFQ 22-14, Watershed Design & Grant Management Services Appendix SECTION: PAGE NUMBER Cover Page 01 Advertisement 02 SECTION A: General Terms & Conditions 04 SECTION B: Vendor References 11 SECTION C: Project Summary & Scope of Work 12 SECTION D: Summary Form 16 City of Fayetteville, AR RFQ 22-14, Watershed Design & Grant Management Services Page 3 of 17 City of Fayetteville RFQ 22-14, Watershed Design & Grant Management Services SECTION A: General Terms & Conditions 1. SUBMISSION OF A STATEMENT of QUALIFICATION SHALL INCLUDE: A written narrative describing the method or manner in which the Proposer proposes to satisfy requirements of this RFQ in the most cost-effective manner. The term Proposer shall be in reference to a firm or individual responding to this solicitation. The term proposal is used in this document as equal to statement of qualification. b. A description of the Proposer's experience in providing the same or similar services as outlined in the RFQ. This description should include the names of the person(s) who will provide the services, their qualifications, and the years of experience in performing this type of work. Also, include the reference information requested in this RFQ. Electronic Submittal: Proposers are required to go to www.favetteville-ar.gov/bids and follow the prompts to submit a statement of qualification within the electronic bidding platform. Physical submittals are not allowed for this RFQ. i. SOQ's shall be prepared simply and economically, providing a straightforward, concise description of its ability to meet the requirements for the project. Fancy bindings, colored displays, and promotional material are not required. Emphasis should be on completeness and clarity of content. All documents physically submitted should be typewritten on standard 8 %" x 11" white papers and bound in one volume. Exceptions would be schematics, exhibits, one -page resumes, and City required forms. Limit proposal to twenty- five (25) pages or less, excluding one -page team resumes, references, and forms required by the City for completion. All proposals shall be uploaded in a PDF format to the City's electronic platform prior to the stated deadline. a. Proposals will be reviewed following the stated deadline, as shown on the cover sheet of this document. Only the names of responders will be available as selections will be made all year for various projects. Proposers shall submit a statement of qualification based on documentation published by the Fayetteville Purchasing Division. c. Proposals must follow the format of the RFQ. Proposers should structure their responses to follow the sequence of the RFQ, if provided. d. Proposers shall have experience in work of the same or similar nature and must provide references that will satisfy the City of Fayetteville. Proposer may furnish a reference list of clients for whom they have performed similar services and must provide information as requested in this document. e. Proposer is advised that exceptions to any of the terms contained in this RFQ or the attached service agreement must be identified in its response to the RFQ. Failure to do so may lead the City to declare any such term non- negotiable. Proposer's desire to take exception to a non-negotiable term will not disqualify it from consideration for award. f. Local time shall be defined as the time in Fayetteville, Arkansas on the due date of the deadline. Documents shall be received before the deadline time as shown by the atomic clock located in the Purchasing Division Office. 2. WRITTEN REQUESTS FOR INTERPRETATIONS OR CLARIFICATION: No oral interpretations will be made to any firms as to the meaning of specifications or any other contract documents. All questions pertaining to the terms and conditions or scope of work of this proposal must be sent in writing via e-mail to the Purchasing Department. Responses to questions may be handled as an addendum if the response would provide clarification to the requirements of the proposal. All such addenda shall become part of the contract documents. The City will not be responsible for any other explanation or interpretation of the proposed RFP made or given prior to the award of the contract. City of Fayetteville, AR RFQ 22-14, Watershed Design & Grant Management Services Page 4 of 17 2. RIGHTS OF CITY OF FAYETTEVILLE IN THIS PROCESS: In addition to all other rights of the City of Fayetteville, under state law, the City specifically reserves the following: a. The City of Fayetteville reserves the right to rank firms and negotiate with the highest-ranking firm. Negotiation with an individual Proposer does not require negotiation with others. b. The City of Fayetteville reserves the right to select the proposal that it believes will serve the best interest of the City. c. The City of Fayetteville reserves the right to accept or reject any or all proposals. d. The City of Fayetteville reserves the right to cancel the entire request. e. The City of Fayetteville reserves the right to remedy or waive technical or immaterial errors in the request for statements of qualification or resulting submittal. f. The City of Fayetteville reserves the right to request any necessary clarifications, additional information, or proposal data without changing the terms of the proposal. g. The City of Fayetteville reserves the right to make selection of the Proposer to perform the services required on the basis of the original proposals without negotiation. 3. EVALUATION CRITERIA: The evaluation criterion defines the factors that will be used by the selection committee to evaluate and score responsive, responsible and qualified proposals. Proposers shall include sufficient information to allow the selection committee to thoroughly evaluate and score proposals. Each proposal submitted shall be evaluated and ranked by a selection committee. The contract will be awarded to the most qualified Proposer, per the evaluation criteria listed in this RFQ. Proposers are not guaranteed to be ranked. 4. COSTS INCURRED BY PROPOSERS: All expenses involved with the preparation and submission of proposals to the City, or any work performed in connection therewith, shall be borne solely by the Proposer(s). No payment will be made for any responses received, or for any other effort required of, or made by, the Proposer(s) prior to contract commencement. 5. ORAL PRESENTATION: An oral presentation and/or interview may be requested of any firm, at the selection committee's discretion. 6. CONFLICT OF INTEREST: a. The Proposer represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance or services required hereunder, as provided in City of Fayetteville Code Section 34.26 titled "Limited Authority of City Employee to Provide Services to the City". b. The Proposer shall promptly notify Amanda Beilfuss, City Sr. Purchasing Agent, in writing, of all potential conflicts of interest for any prospective business association, interest, or other circumstance which may influence or appear to influence the Proposer's judgment or quality of services being provided. Such written notification shall identify the prospective business association, interest or circumstance, the nature of which the Proposer may undertake and request an opinion to the City as to whether the association, interest or circumstance would, in the opinion of the City, constitute a conflict of interest if entered into by the Proposer. The City agrees to communicate with the Proposer its opinion via e-mail or first-class mail within thirty days of receipt of notification. 7. WITHDRAWAL OF PROPOSAL: A proposal may be withdrawn at any time. City of Fayetteville, AR RFQ 22-14, Watershed Design & Grant Management Services Page 5 of 17 8. LATE PROPOSAL OR MODIFICATIONS: Proposal and modifications received after the time set for the proposal submittal shall not be considered. Modifications in writing received prior to the deadline will be accepted. The City will not be responsible for misdirected responses. Proposers will receive an email confirmation after successful submission in the electronic submission platform. b. The time set for the deadline shall be local time for Fayetteville, AR. All proposals shall be received in the Purchasing Division BEFORE the deadline stated. The official clock to determine local time shall be the clock located in the electronic platform. 9. LOCAL, STATE, AND FEDERAL COMPLIANCE REQUIREMENTS: The laws of the State of Arkansas apply to any purchase made under this request for statements of qualification. Proposers shall comply with all local, state, and federal directives, orders and laws as applicable to this proposal and subsequent contract(s) including but not limited to Equal Employment Opportunity (EEO), Disadvantaged Business Enterprises (DBE), & OSHA as applicable to this contract. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. 10. COLLUSION: The Proposer, by affixing his or her signature to this proposal, agrees to the following: "Proposer certifies that his proposal is made without previous understanding, agreement, or connection with any person, firm or corporation making a proposal for the same item(s) and/or services and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action." 11. RIGHT TO AUDIT, FOIA, AND JURISDICITON: a. The City of Fayetteville reserves the privilege of auditing a vendor's records as such records relate to purchases between the City and said vendor. b. Freedom of Information Act: City contracts 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 (Contractor) 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. c. Legal jurisdiction to resolve any disputes shall be Arkansas with Arkansas law applying to the case. 12. CITY INDEMNIFICATION: The successful Proposer(s) agrees to indemnify the City and hold it harmless from and against all claims, liability, loss, damage or expense, including but not limited to counsel fees, arising from or by reason of any actual or claimed trademark, patent or copyright infringement or litigation based thereon, with respect to the services or any part thereof covered by this order, and such obligation shall survive acceptance of the services and payment thereof by the City. 13. VARIANCE FROM STANDARD TERMS & CONDITIONS: All standard terms and conditions stated in this request for statements of qualification apply to this contract except as specifically stated in the subsequent sections of this document, which take precedence, and should be fully understood by Proposers prior to submitting a proposal on this requirement. City of Fayetteville, AR RFQ 22-14, Watershed Design & Grant Management Services Page 6 of 17 14. ADA REQUIREMENT FOR PUBLIC NOTICES & TRANSLATION: Persons with disabilities requiring reasonable accommodation to participate in this proceeding/event, should call 479.521.1316 (telecommunications device for the deaf), not later than seven days prior to the deadline. Persons needing translation of this document shall contact the City of Fayetteville, Purchasing Division, immediately. 15. PAYMENTS AND INVOICING: The Proposer must specify in their proposal the exact company name and address which must be the same as invoices submitted for payment as a result of award of this RFQ. Further, the successful Proposer is responsible for immediately notifying the Purchasing Division of any company name change, which would cause invoicing to change from the name used at the time of the original RFQ. Payment will be made within thirty days of invoice received. The City of Fayetteville is very credit worthy and will not pay any interest or penalty for untimely payments. Payments can be processed through Proposer's acceptance of Visa at no additional costs to the City for expedited payment processing. The City will not agree to allow any increase in hourly rates by the contract without PRIOR Fayetteville City Council approval. 16. CANCELLATION: The City reserves the right to cancel this contract without cause by giving thirty (30) days prior notice to the Contractor in writing of the intention to cancel or with cause if at any time the Contractor fails to fulfill or abide by any of the terms or conditions specified. b. Failure of the contractor to comply with any of the provisions of the contract shall be considered a material breach of contract and shall be cause for immediate termination of the contract at the discretion of the City of Fayetteville. c. In addition to all other legal remedies available to the City of Fayetteville, the City reserves the right to cancel and obtain from another source, any items and/or services which have not been delivered within the period of time from the date of order as determined by the City of Fayetteville. d. In the event sufficient budgeted funds are not available for a new fiscal period, the City shall notify the vendor of such occurrence and contract shall terminate of the last day of the current fiscal period without penalty or expense to the City. 17. ASSIGNMENT, SUBCONTRACTING, CORPORATE ACQUISITIONS AND/OR MERGERS: The Contractor shall perform this contract. No assignment of subcontracting shall be allowed without prior written consent of the City. If a Proposer intends to subcontract a portion of this work, the Proposer shall disclose such intent in the proposal submitted as a result of this RFQ. In the event of a corporate acquisition and/or merger, the Contractor shall provide written notice to the City within thirty (30) calendar days of Contractor's notice of such action or upon the occurrence of said action, whichever occurs first. The right to terminate this contract, which shall not be unreasonably exercised by the City, shall include, but not be limited to, instances in which a corporate acquisition and/or merger represent a conflict of interest or are contrary to any local, state, or federal laws. Action by the City awarding a proposal to a firm that has disclosed its intent to assign or subcontract in its response to the RFQ, without exception shall constitute approval for purpose of this Agreement. 18. NON-EXCLUSIVE CONTRACT: Award of this RFQshall impose no obligation on the City to utilize the vendor for all work of this type, which may develop during the contract period. This is not an exclusive contract. The City specifically reserves the right to concurrently contract with other companies for similar work if it deems such an action to be in the City's best interest. In the case of multiple -phase contracts, this provision shall apply separately to each item. 19. ADDITIONAL REQUIREMENTS: The City reserves the right to request additional services relating to this RFQ from the Proposer. When approved by the City as an amendment to the contract and authorized in writing prior to work, the Contractor shall provide such additional requirements as may become necessary. City of Fayetteville, AR RFQ 22-14, Watershed Design & Grant Management Services Page 7 of 17 20. SERVICES AGREEMENT: A written agreement, in substantially the form attached, incorporating the RFQ and the successful proposal will be prepared by the City, signed by the successful Proposer and presented to the City of Fayetteville for approval and signature of the Mayor. 21. INTEGRITY OF STATEMENT OF QUALIFICATION (RFQ) DOCUMENTS: Proposers shall use the original RFQ form(s) provided by the Purchasing Division and enter information only in the spaces where a response is requested. Proposers may use an attachment as an addendum to the RFQ form(s) if sufficient space is not available on the original form for the Proposer to enter a complete response. Any modifications or alterations to the original RFQ documents by the Proposer, whether intentional or otherwise, will constitute grounds for rejection of such RFQ response. Any such modifications or alterations a Proposer wishes to propose shall be clearly stated in the Proposer's RFQ response and presented in the form of an addendum to the original RFQ documents. 22. LOBBYING: Lobbying or communicating with selection committee members, City of Fayetteville employees, or elected officials regarding request for proposals, request for qualifications, bids or contracts, during the pendency of bid protest, by the bidder/proposer/protestor or any member of the bidder's/proposer's/protestor's staff, and agent of the bidder/proposer/protestor, or any person employed by any legal entity affiliated with or representing an organization that is responding to the request for proposal, request for qualification, bid or contract, or has a pending bid protest is strictly prohibited either upon advertisement or on a date established by the City of Fayetteville and shall be prohibited until either an award is final or the protest is finally resolved by the City of Fayetteville; provided, however, nothing herein shall prohibit a prospective/bidder/proposer from contacting the Purchasing Division to address situations such as clarification and/or questions related to the procurement process. For purposes of this provision lobbying activities or communication shall include but not be limited to, influencing or attempting to influence action or non -action in connection with any request for proposal, request for qualification, bid or contract through direct or indirect oral or written communication or an attempt to obtain goodwill of persons and/or entities specified in this provision. Such actions may cause any request for proposal, request for qualification, bid or contract to be rejected. 23. DEBARRED ENTITIES: By submitting a statement of qualification, vendor states submitting entity is not a debarred contractor with the federal, any state, or local government. 24. OTHER GENERAL CONDITIONS: a. Proposers shall provide the City with proposals signed by an employee having legal authority to submit proposals on behalf of the Proposer. The entire cost of preparing and providing responses shall be borne by the Proposer. b. The City reserves the right to request any additional information it deems necessary from any or all Proposers after the submission deadline. c. The request for statement of qualification is not to be construed as an offer, a contract, or a commitment of any kind; nor does it commit the city to pay for any costs incurred by Proposer in preparation. It shall be clearly understood that any costs incurred by the Proposer in responding to this request for statements of qualification is at the Proposer's own risk and expense as a cost of doing business. The City of Fayetteville shall not be liable for reimbursement to the Proposer for any expense so incurred, regardless of whether or not the proposal is accepted. d. If products, components, or services other than those described in this bid document are proposed, the Proposer must include complete descriptive literature for each. All requests for additional information must be received within five working days following the request. City of Fayetteville, AR RFQ 22-14, Watershed Design & Grant Management Services Page 8 of 17 e. Any uncertainties shall be brought to the attention to Amanda Beilfuss immediately via telephone (479.575.8220) or e-mail (abeilfuss@fayetteville-ar.gov). It is the intent and goal of the City of Fayetteville Purchasing Division to provide documents providing a clear and accurate understanding of the scope of work to be completed and/or goods to be provided. We encourage all interested parties to ask questions to enable all Proposers to be on equal terms. Any inquiries or requests for explanation in regard to the City's requirements should be made promptly to Amanda Beilfuss, City of Fayetteville, Sr. Purchasing Agent via e-mail (abeilfuss@fayetteville-ar.gov) or telephone (479.575.8220). No oral interpretation or clarifications will be given as to the meaning of any part of this request for statements of qualification. All questions, clarifications, and requests, together with answers, if any, will be provided to all firms via written addendum. Names of firms submitting any questions, clarifications, or requests will not be disclosed until after a contract is in place. g. At the discretion of the City, one or more firms may be asked for more detailed information before final ranking of the firms, which may also include oral interviews. h. Any information provided herein is intended to assist the Proposer in the preparation of proposals necessary to properly respond to this RFQ. The RFQ is designed to provide qualified Proposers with sufficient basic information to submit proposals meeting minimum specifications and/or test requirements but is not intended to limit a RFC's content or to exclude any relevant or essential data. Proposers irrevocably consent that any legal action or proceeding against it under, arising out of or in any manner relating to this Contract shall be controlled by Arkansas law. Proposer hereby expressly and irrevocably waives any claim or defense in any said action or proceeding based on any alleged lack of jurisdiction or improper venue or any similar basis. The successful Proposer shall not assign the whole or any part of this Contract or any monies due or to become due hereunder without written consent of City of Fayetteville. In case the successful Proposer assigns all or any part of any monies due or to become due under this Contract, the Instrument of assignment shall contain a clause substan- tially to the effect that is agreed that the right of the assignee in and to any monies due or to become due to the successful Proposer shall be subject to prior liens of all persons, firms, and corporations for services rendered or materials supplied for the performance of the services called for in this contract. k. The successful Proposer's attention is directed to the fact that all applicable Federal and State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over the services shall apply to the contract throughout, and they will be deemed to be included in the contract as though written out in full herein. The successful Proposer shall keep himself/herself fully informed of all laws, ordinances and regulations of the Federal, State, and municipal governments or authorities in any manner affecting those engaged or employed in providing these services or in any way affecting the conduct of the services and of all orders and decrees of bodies or tribunals having any jurisdiction or authority over same. If any discrepancy or inconsistency should be discovered in these Contract Documents or in the specifications herein referred to, in relation to any such law, ordinance, regulation, order or decree, s/he shall herewith report the same in writing to City of Fayetteville. I. All interested parties shall understand the City is not utilizing AIA contracts for projects. Standard City contracts will be used for all projects. 25. INSURANCE: a. Any project selected under this RFQ shall require professional liability insurance in the amount of $1 million US dollars, at minimum. Such Certificate of Insurance shall list the City as an additional insured and not be required unless firm is selected. City of Fayetteville, AR RFQ 22-14, Watershed Design & Grant Management Services Page 9 of 17 26. SELECTION CRITERIA: The evaluation criterion below defines the factors which will be used by the selection committee to evaluate and score responsive, responsible and qualified proposals. The evaluation factors are as follows: 1. 30 Points — Specialized experience and technical competence of the firm with respect to the type of professional services required 2. 25 Points — Capacity and capability of the firm the perform the work in question including specialized services, within the time limitations fixed for the completion of the project 3. 25 Points — Past record of performance of the firm with respect to such factors as control of costs, quality of work, and ability to meet schedules and deadlines 4. 20 Points — Firm's proximity to and familiarity with the area in which the project is located "Note: Price shall not be a considered factor used to select a vendor. In the event the City is not able to negotiate a successful contract with the selected vendor, the City reserves the right to cease negotiations with such selected vendor and proceed on to the next selected vendor. Statements of Qualification/Proposals shall NOT include prices, hourly fees, consulting rates, etc. of any kind. CONTINUES ON NEXT PAGE City of Fayetteville, AR RFQ 22-14, Watershed Design & Grant Management Services Page 10 of 17 City of Fayetteville RFQ 22-14, Watershed Design & Grant Management Services SECTION B: Vendor References The following information is required from all firms so all statements of qualification may be reviewed and properly evaluated: COMPANY NAME: NUMBER OF YEARS IN BUSINESS: HOW LONG IN PRESENT LOCATION: TOTAL NUMBER OF CURRENT EMPLOYEES: FULLTIME PARTTIME NUMBER OF EMPLOYEES PLANNED FOR THIS CONTRACT: FULLTIME PARTTIME PLEASE LIST FOUR (4) REFERENCES THAT YOU HAVE PREVIOUSLY PERFORMED CONTRACT SERVICES FOR WITHIN THE PAST FIVE (5) YEARS (All fields must be completed): 1. 2. COMPANY NAME COMPANY NAME CITY, STATE, ZIP CITY, STATE, ZIP CONTACT PERSON CONTACT PERSON TELEPHONE TELEPHONE FAX NUMBER FAX NUMBER E-MAIL ADDRESS E-MAIL ADDRESS 3. 4. COMPANY NAME COMPANY NAME CITY, STATE, ZIP CITY, STATE, ZIP CONTACT PERSON CONTACT PERSON TELEPHONE TELEPHONE FAX NUMBER FAX NUMBER E-MAIL ADDRESS E-MAIL ADDRESS City of Fayetteville, AR RFQ 22-14, Watershed Design & Grant Management Services Page 11 of 17 City of Fayetteville RFQ 22-14, Watershed Design & Grant Management Services SECTION C: Project Summary and Scope of Work INTRODUCTION: The City has experienced multiple flooding events in recent history. In general, these events have occurred in 2008, 2011, 2017 and 2022 and caused widespread flooding of various degrees throughout town. Due to the City's participation in the Community Rating System (CRS) through FEMA, approximately 22 structures representing 8 repetitive loss areas have been identified. It would be the City's immediate priority to begin dealing with these structures/areas that experience high levels of flood damage during these large storm events, however, many other projects to reduce flood losses have also been identified. As a portion of this overall program, these projects will be prioritized by severity and eligibility for grant funding. As a means of assisting the City achieve these goals, we are currently seeking firms experienced in both watershed design and grant writing for large scale watershed improvement projects. 2. PROJECT INFORMATION & REQUIREMENTS: Executive Summary: The City of Fayetteville, referred to herein as the City, is seeking responses from qualified firms experienced in providing engineering services associated with applying for, designing and managing watershed projects through the Hazard Mitigation Assessment (HMA) grant process. The selected firm will provide pre -award and post -award engineering services for the national and state (Arkansas) Building Resilient Infrastructure (BRIC) and Flood Mitigation Assistance (FMA) grant programs as well as other similar programs should funding opportunities be discovered. Both programs provide funding to address future risks associated with natural disasters such as flooding. It is anticipated that the City will apply for funding in the 2023 calendar year when the Notices of Funding Opportunities open on or around September of 2023. Submittal Requirements: The RFQ submittal shall contain the following response items arranged in order, tabbed, and with a table of contents. In order to issue a uniform review process and to obtain the maximum degree of comparability, it is required that the submittal be organized in the manner specified. Title Page: Show the name of agency/firm, address, and telephone number, name of contact person, date, and subject: RFQ 22-14. b. Table of Contents: Include a clear identification of the material by section and by page number. c. Letter of Interest: Name, address, brief history of firm, and Submitter's interest in the proposed project. Briefly state the agency/firm understands the work to be completed and makes a positive commitment to perform the work. Give the name of the person(s) who will be authorized to make representation for the Submitter, their titles, addresses, and telephone numbers. Describe the perceived strengths to carry out the project. Project Team Organization: Provide an organizational chart indicating the relationship between the Submitter's staff members who have responsibilities related to this project. Indicate on the chart the names of key personnel and their titles. Submit professional qualifications and resumes of staff to be assigned to this project, showing where they have performed work on similar projects. Specialized and Past Experience: Provide information regarding past experience in relation to the services requested in this RFQ. Actual price and fees shall not be included in submittal. f. Schedule: Submitter shall provide a general schedule for the completion of the scope of the specified project. City of Fayetteville, AR RFQ 22-14, Watershed Design & Grant Management Services Page 12 of 17 g. Additional Background: All Submitters are invited to include a maximum of two (2) pages of information not included above which may be useful and applicable to this project. 3. SCOPE OF WORK: A. General Tasks Pre and Post Aware Project Management: This includes, but is not limited to, preparing project schedules, budgets, reports, coordination with City staff and stakeholder groups where necessary. a. Project Meetings: schedule and conduct meeting with City staff, City Council and other stakeholder groups as necessary to discuss issues relevant to the projects. This includes preparation of exhibits, maps, charts, etc... for use during the meetings to clarify issues as necessary. Meeting minutes as well as attendance sheets shall also be maintained. Meetings shall include, but not be limited to, project kick off, site visits, periodic staff meetings for project updates, coordination meeting with City staff and other stakeholders and community outreach meetings. b. Project Schedule: prepare schedule using Microsoft project or similar program with enough detail to provide clear understanding of the timeline and project milestones. c. Project Files: maintain project files that include all documentation and data resulting form or related to services for the grant project in accordance with grant and City requirements/guidelines. This shall include, but not be limited to, survey files, engineering computations, assumptions, working drawings and meeting minutes. Electronic format is required for all documents. 2. Reports: Prepare project milestone reports in electronic format. They are to include the following at a minimum: a. Field investigation reports including all data collected during the process with photos and video as necessary. b. Monthly project status reports that are sufficiently detailed for City staff to ensure the project is on schedule and meeting the required project goals. c. Technical memoranda including the analysis and evaluation of alternatives for each project area d. Design recommendation reports including the design alternatives analysis and cost benefit analysis e. Final report 3. Deliverables: Report, documents, models, maps and other project documents must be delivered to the City in accordance with the project schedule. B. Phase 1 1. Grant Writing Services: Assist City in writing and submitting competitive applications for the FEMA BRIC and FMA grant programs following their guidelines and deadlines for application submittal as well as other state and federal grants as applicable. 2. Inventory of Existing Stormwater Infrastructure, Master Drainage Plan Documents and Floodplain Maps: Develop a Master Drainage Plan that documents the system including existing floodplain maps and provides drawings with the master plan that clearly lays out recommended solutions to reduce or eliminate flooding in the areas of interest. Preparation of new or revised flood mapping shall conform to the FEMA mapping standards. The firm shall present the finding to the City staff and stakeholders. a. Conduct field visits to very existing conditions and document findings City of Fayetteville, AR RFQ 22-14, Watershed Design & Grant Management Services Page 13 of 17 b. Gather and evaluate all information including existing as -built plans, surveys, UDAR, reports and existing models to improve upon the City's GIS database of flood control and drainage system infrastructure. c. Data development and input including creating data layers in geodatabase format. d. The successful firm shall develop hydrologic and hydraulic models to simulate storm events. The hydrologic model should be capable of simulating rainfall -runoff using modeling software such as Storm Water Management Model (SWMM) and HEC-RAS as applicable or City approved equal. The models shall utilize the best available information for inputs such as updated LiDAR data, construction as-builts or field collected data and be set up to run selected design storms as directed by the City. e. Where available, the model shall be calibrated using actual stream gage, precipitation data and field observations of storm events. C. Phase II 1. Should the grant be awarded, successful firm should be prepared to continue services to include finalization of construction documents, bidding and construction observation services 2. The post -award services shall be dependent on the scope and extent of the project as awarded and final scope be developed during the application process. D. Required Experience 1. Success with writing and obtaining both federal and state grant applications as well as managing the requirements of the grant. 2. In-depth knowledge and demonstrate practical experience with large-scale, complex hydrologic and hydraulic modeling. 3. Experience and proficiency in the development of GIS databases. 4. Experience in identifying, defining and developing funding sources to support existing and planned program activities as well as lead the development, writing and submission of grant proposals to federal, state and private funding agencies. 5. Experience in organization and interpretation of large data sets including, but not limited to, as -built plans, databases, LiDAR, survey, field data and hydraulic and hydrologic models. 6. An understanding of a variety of hydrologic and one- and two-dimensional hydraulic modeling software packages as well as an understanding of how various models interact with each other. 7. Experience in the use of gage adjusted radar rainfall data for calibrating hydrologic models. 8. Proficiency in building, calibrating and validating event based and continuous hydrologic models, one- dimensional and two-dimensional steady and un-steady hydraulic models. 9. Experience in one-dimensional and two-dimensional floodplain mapping per FEMA requirements including preparation of Letters of Map Revision (LOMRs) and Conditional Letters of Map Revision (CLOMRs). 10. Demonstrate experience with innovative approaches to large scale, complex hydrologic and hydraulic models that lead to innovative solutions to large scale flooding. 11. Experience with flood control and drainage facility design including both engineered and more natural based solutions. Solutions shall take into consideration all aspects of stormwater including flood control, water quality, recreation, future system capacity, etc. 12. Experience with permitting of complex projects through entities such as the United States Corps of Engineers and the Federal Emergency Management Agency. City of Fayetteville, AR RFQ 22-14, Watershed Design & Grant Management Services Page 14 of 17 13. Excellent verbal and written communication skills with experience in explaining complex engineering models/solutions to non -technical members of City staff, City government and the general public. 14. Comprehensive project management skills including quality of document prepared, keeping projects on schedule, budget control and responsiveness. The firm will participate in regular status report meetings with City staff and other pertinent individuals/entities CONTINUES ON NEXT PAGE City of Fayetteville, AR RFQ 22-14, Watershed Design & Grant Management Services Page 15 of 17 City of Fayetteville RFQ 22-14, Watershed Design & Grant Management Services SECTION D: Signature Submittal DISCLOSURE INFORMATION Proposer must disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. Proposer response must disclose if a known relationship exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official. If, to your knowledge, no relationship exists, this should also be stated in your response. Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result of your response. This form must be completed and returned in order for your bid/proposal to be eligible for consideration. PLEASE CHECK ONE OF THE FOLLOWING TWO OPTIONS, AS IT APPROPRIATELY APPLIES TO YOUR FIRM: 1) NO KNOWN RELATIONSHIP EXISTS 2) RELATIONSHIP EXISTS (Please explain): I certify that; as an officer of this organization, or per the attached letter of authorization, am duly authorized to certify the information provided herein are accurate and true; and my organization shall comply with all State and Federal Equal Opportunity and Non -Discrimination requirements and conditions of employment. Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently boycott Israel and will not boycott Israel during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing. 2. PRIMARY CONTACT INFORMATION At the discretion of the City, one or more firms may be asked for more detailed information before final ranking of the firms, which may also include oral interviews. NOTE: Each Proposer shall submit to the City a primary contact name, e-mail address, and phone number (preferably a cell phone number) where the City selection committee can call for clarification or interview via telephone. Name of Firm: Primary Contact: Title of Primary Contact: Phone#1 (cell preferred): E-Mail Address: Tax ID #: UEI #: City of Fayetteville, AR RFQ 22-14, Watershed Design & Grant Management Services Page 16 of 17 Phone#2: 3. ACKNOWLEDGEMENT OF ADDENDA Acknowledge receipt of addenda for this invitation to bid, request for proposal, or request for qualification by signing and dating below. All addendums are hereby made a part of the bid or RFP documents to the same extent as though it were originally included therein. Proposers/Bidders should indicate their receipt of same in the appropriate blank listed herein. Failure to do so may subject Contractor to disqualification. ADDENDUM NO. SIGNATURE AND PRINTED NAME DATE ACKNOWLEDGED 4. DEBARMENT CERTIFICATION: As an interested party on this project, you are required to provide debarment/suspension certification indicating in compliance with the below Federal Executive Order. Certification can be done by completing and signing this form. Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving individual awards, using federal funds, and all sub -recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. Signature certifies that neither you nor your principal is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. Questions regarding this form should be directed to the City of Fayetteville Purchasing Division. NAME OF COMPANY: PHYSICAL ADDRESS: MAILING ADDRESS: PRINTED NAME: PHONE: FAX: E-MAIL: Signed by: SIGNATURE: PRINTED NAME TITLE: DATE: City of Fayetteville, AR RFQ 22-14, Watershed Design & Grant Management Services Page 17 of 17 a » v dk We -I J r fl • � � J er 9 .0 ' + !�F ' -- � t •��� i% _ � �.rf�r .f'- � .. ~ tom' ., � �f � r- r� ,. !• ,, ice,• �!. ., •� rr �' r:'y.�+ ;i '`.ar, �, .f � )�� r 1 ^ y } - �77c r:i•. #off ��,. . t(i `.� �- i� •J'f.F.. �t � .,,� '�'yo�',. _ M 4q Ap �x77-- A Title Page STATEMENT OF QUALIFICATIONS CITY OF FAYETTEVILLE RFQ 22-14 — Watershed Design and Grant Management Services January 12, 2023 Contact Person: Greg Simmons, PE, CFM — 405-666-8381 CITY OF City of Fayetteville, Arkansas Purchasing Division — Room 306 IVF AY E T T E V I L L E 113 W. Mountain A R K A N S A S Fayetteville, AR 72701 Phone: 479.575.8256 TDD (Telecommunication Device for the Deaf): 479.521.1316 REQUEST FOR QUALIFICATIONS: RFQ 22-14, Watershed Design & Grant Management Services DEADLINE: Thursday, January 12, 2023 before 2:00 PM, local time PRE -PROPOSAL CONFERENCE: Thursday, December 29, 2022 at 10:00 AM via Zoom SR. PURCHASING AGENT: Amanda BeiIfuss, abeiIfuss@fayetteville-ar.gov DATE OF ISSUE AND ADVERTISEMENT: 12/18/2022 REQUEST FOR STATEMENT OF QUALIFICATION RFQ 22-14, Watershed Design & Grant Management Services Submittals shall be submitted via upload and complete submission on the City's electronic platform at www.fayetteville- ar.gov/bids. No physical copies shall be submitted. The City will not accept late or misdirected responses. All statements of qualification shall be submitted in accordance with the attached City of Fayetteville specifications and documents attached hereto. Each Proposer is required to fill in every blank and shall supply all information requested; failure to do so may be used as basis of rejection. Any bid, proposal, or statements of qualification will be rejected that violates or conflicts with state, local, or federal laws, ordinances, or policies. The undersigned hereby offers to furnish & deliver the articles or services as specified, at the prices & terms stated herein, and in strict accordance with the specifications and general conditions of bidding, all of which are made a part of this offer. This offer is not subject to withdrawal unless upon mutual written agreement by the Proposer/Bidder and City Purchasing Manager. Name of Firm: Freese and Nichols, Inc. Contact Person: Alan Hutson, PE, ENV SP Title: Vice President/Principal E-Mail: alan.hutson@freese.com Phone: 479-434-1160 Business Address: 5001 W. Founders Way, Suite 100 City: Rogers / Signature: Z� G City of Fayetteville, AR RFQ 22-14, Watershed Design & Grant Management Services Page 1 of 17 State: Arkansas Zip 72758 Date: January 12, 2023 NOT INCLUDED IN PAGE COUNT CITY OF FAYETTEVILLE I Watershed Design and Grant Management Services rMNI'MCHOLE C. Letter of Interest ............................................................. 1 D. Project Team Organization.................................................... 2 FNI Firm Overview...........................................................2 FTN Firm Overview..........................................................2 Team's Proximity to and Familiarity with the Area ................................. 3 Project Availability and Ability to Meet Schedule .................................. 5 Organizational Chart.........................................................6 Key Personnel Bios ...........................................................7 Team Integration and Coordination ............................................. 9 Interaction and Coordination with the City ....................................... 9 E. Specialized and Past Experience .............................................. 10 Funding Specialists.........................................................10 Master Drainage Plan Experts.................................................13 Development and Design of Innovative Hazard Mitigation Projects..................20 F. Schedule.................................................................... 23 G. Additional Background...................................................... 24 Project Management Approach ............................................... 24 Project and Quality Management Plan ......................................... 25 Appendix: Resumes ....................................... Not Included in Page Count Appendix: Required Forms ................................. Not Included in Page Count NOT INCLUDED IN PAGE COUNT 5001 W Founders Way, Suite 100 / Rogers, Arkansas 72758 • 479-434-1160 www.freese.com January 12, 2023 Amanda Belifuss I Sr. Purchasing Agent I City of Fayetteville l Submitted electronically via fayetteville-ar.ionwave.net RE: RFQ 22-14 — Watershed Design and Grant Management Services Dear Selection Committee: Freese and Nichols, Inc. (FNI) has assembled a team of experienced funding and stormwater professionals to assist the City of Fayetteville (City) in assessing and prioritizing your flood mitigation needs, preparing highly competitive grant applications, and developing innovative and cost-effective engineering designs to take flood mitigation alternatives from concept to reality. As further detailed in the pages that follow, our team of experts has decades of successful experience for exactly this sort of initiative and we are eager and able to help Fayetteville make significant strides toward becoming a more flood resilient community. Benefits of Partnering with FNI: WE UNDERSTAND FUNDING — The FNI/FTN team has a long history of working with grant and loan programs nationwide. We've assisted our clients in securing more than $2.6 billion in funding over the past 30 years for water/ wastewater and stormwater projects. Whether a City is seeking funding for system inventory, needs assessment and planning, or design and construction, we understand what is needed to develop a winning grant application, along with project compliance once the grant is awarded. is a national expert in FEMA funding with more than a decade of experience working with local communities, cities, counties and tribal nations. Annie is supported by a deep bench of funding resources, allowing our team to present a matrix of the best possible funding options for the City to consider. WE UNDERSTAND STORMWATER — Both FNI and FTN-Associates (FTN), our partner firm for this project, have extensive experience helping communities understand, prioritize, and effectively mitigate their drainage issues. Our team has completed drainage master plans for communities large and small and provides a one -stop -shop for modeling, analysis, design, environmental services and construction management, along with state-of-the-art product development, including interactive mapping, public outreach products and data analytics. This collective breadth and depth of skill and experience will serve as a unique resource to the City and will be used to deliver top quality products and services, within budget and schedule constraints, that meet the needs of the City. WE UNDERSTAND CITIES — In the past 10 years, FNI and FTN have worked on 49 drainage master plans for cities in 3 states, including Arkansas. While each city is unique, the cumulative experience gained and innovative solutions implemented in those efforts are leveraged in every subsequent project to produce outcomes that best address the specific goals of each community. Our project manager for this project, Greg Simmons, led the stormwater management program for the City of Fort Worth for 16 years before coming to work for FNI and understands challenges most cities face in effectively managing stormwater and how to develop strategies to optimize the use of limited resources toward that end. We will listen to Fayetteville staff, officials, and residents to develop findings and recommendations that fully align with broader community goals and bring maximum value to the community. We are excited to work with the City of Fayetteville on this important project. Please feel free to contact us directly if you have any questions regarding this proposal. Sincerely, Alan Hutson, PE, ENV SP* Vice President/Principal 479-434-1160 1 alan.hutson@freese.com *Authorized to make representation for FNI 1�_ Greg Simmons, PE, CFM Project Manager 479-434-1160 1 gregory.simmons@freese.com CITY OF FAYETTEVILLE I Watershed Design and Grant Management Services F111 NICHO E Freese and Nichols, Inc. (FNI) and FTN Associates, Ltd. (FTN) have successfully teamed together in the past on the Texas Water Development Board Statewide Flood Modeling project and the Louisiana Watershed Initiative Modeling contract. Our effective collaboration on those projects confirm that the culture, values and communication style of our firms are very well aligned. Our firms' expertise and the tools and processes we will employ to facilitate seamless and value-added collaboration between our key staff are described in this section. We are excited about the opportunity to bring the combined experience and skills of this proven team to bear on this critical initiative for the City and are highly confident our team will fully meet the expectations and needs of the community if we are selected. FNI Firm Overview FNI is a client -focused, regionally based firm with national expertise. We meet our clients' needs with responsiveness and flexibility. From 30 offices across Arkansas, Oklahoma, Texas, Louisiana, New Mexico, Georgia, Florida, North Carolina and Virginia, we work seamlessly together across all disciplines, giving our clients the benefit of multiservice integration with an approach that is as innovative as it is practical. Together, more than 1,000 personnel deliver top -tier professional services that reflect FNI's vision — to be the firm of choice for clients and employees. Freese and Nichols' new office space in Rogers, Arkansas Dating back to our firm's founding in 1894, we have put relationships first — clients, teaming partners and staff — and seek long-term relationships, many of which are counted in decades, not years. Our primary focus is to be a trusted advisor. Whether we are providing stormwater drainage/flood control services; water/wastewater services; transportation services; strategic urban planning; architecture; land planning; landscape architecture; construction management/inspection; or full design, documentation and construction services, what drives our work is the alignment with each client's institutional mission and goals. FNI's Stormwater Engineering Group is technically diverse with experience in hydrologic and hydraulic (H&H) modeling, channel design construction techniques, pond rehabilitation, and design and culvert analysis. FNI has completed numerous multi -faceted drainage improvement projects, including rural and urban neighborhood drainage design, bridge and culvert design, natural and modular block channel design, unsteady hydraulic modeling, pond dam safety, pond outlet structures and FEMA funded projects. A unique aspect of our approach is the incorporation of our in-house fluvial geomorphology services into our drainage projects, which allows for a better understanding of channel stability issues and solutions. FTN Firm Overview = FTN Associates, Ltd. (FTN) is a water resources and environmental consulting and engineering firm providing specialty services to private and governmental clients by emphasizing client satisfaction and quality services. FTN started in Vicksburg, Mississippi, in 1981 and moved to — SSOCIBt@S Ltd. Little Rock, Arkansas, in 1983. FTN emphasizes an interdisciplinary approach with hundreds of years of combined professional experience. This broad interdisciplinary experience offers unique problem -solving capabilities in all phases of civil and environmental planning, design, and management. FTN has a professional staff of 64 multidisciplinary professionals, in four offices with the headquarters being located in Little Rock and branch offices located in Fayetteville; Baton Rouge, Louisiana; and Chesterfield, Missouri. FTN is classified as a small business under the NAICS 541330 classification. FTN has extensive experience addressing water resources problems throughout Arkansas and the mid -south. Past clients have included private industries, other engineering and consulting firms, local and state governments, January 12, 2023 2 CITY OF FAYETTEVILLE I Watershed Design and Grant Management Services rMINAICHOLSFREEE including the City of Fayetteville, and multiple federal agencies, including the Federal Emergency Management Agency (FEMA). Through its water resources work, FTN has, most notably, been completing Risk MAP activities for FEMA as the State of Arkansas's Cooperating Technical Partner (CTP) contractor since 2012. FTN also is known within the State of Arkansas by architectural, engineering, and construction firms and local municipalities for its H&H modeling efforts. Team's Proximity to and Familiarity with the Area Local Offices In February 2022, FNI opened our first Arkansas office in Rogers, just down the road from the City of Fayetteville. Our team of professional engineers and planners are currently working on projects in Northwest Arkansas including projects for the City of Fayetteville, City of Rogers and Rogers Water Utilities, Siloam Springs, AEP and NRCS. For these clients and their highly specialized projects, FNI has the resources within our office to assemble the right individuals with the proper skillsets for successful project execution and delivery. FTN's Fayetteville office is located less than 4 miles from the City's offices and has overseen multiple H&H modeling and stormwater analysis projects for the City of Fayetteville, including work in the City's worst drainage areas and a current project on the Lake Fayetteville Dam analysis. Familiarity with Fayetteville Fayetteville offers unique terrain at the foothills of the Ozarks, a case study in hillsides, water bodies and tree canopy that contribute to the character of the city and help shape its values. These physical attributes also pose design and construction challenges that our team is familiar with and knows how to handle. With offices in seven states, we are is ready and willing to address any challenge that may arise and we have an experienced team of experts ready to tackle each one. Fayetteville is a college town with a spirit and personality very grounded in its position as the home to the flagship campus of the University of Arkansas. The community is diverse, educated and engaged. Technology and innovation are expected. Fayetteville doesn't wait for others to test the waters, this is a City ready to establish and introduce new ideas and try new approaches to government, design and community engagement. The result is a progressive and thoughtful City that reflects the values of its citizens and continually presses forward to advance common goals. Arts and culture and all things local are important. The iconic Fayetteville Square that hosts a very popular farmer's market, the Lights of the Ozarks and multiple community -based events each year is a wonderful focal point for the community. The Walton Arts Center has been expanded and renovated, serving as a hub for visual and performing arts and a connection between the university campus and downtown, holding a prominent spot on Dickson Street in the entertainment district. The award -winning Fayetteville Public Library represents the value placed on education and the ability of a public facility to become a core gathering place for all kinds of different groups within the City. The Razorback Greenway connects neighborhoods and shopping districts throughout the city and offers users recreation as well as transportation opportunities linking most of the cities and towns in northwest Arkansas. This demonstrates the kind of cooperation and coordination necessary to successfully grow a region while maintaining the character of each unique community. The FNI/FTN team has extensive knowledge of the area, multidiscipline planning and engineering resources in house, and we are ready and able to provide the City with Innovative Approaches, Practical Results and Outstanding Service. January 12, 2023 3 it T 1937 Water System Appraisal Foreman, AR 1945 Southwest Proving Grounds Hope, AR 1965 Arkansas River Lock and Dam No. 7 (Murray Lake) USACE Water Pollution Control Act 1972 "208 Plan" Little Rock, AR Airport Modernizations 1985 Across Arkansas Federal Aviation Administration 1 2002 Raw Water Supply for Hot Springs Power Station Tractebel 2010 Levee Evaluation Fort SmithAR , 2016 P Street Pump Station Evaluation Fort Smith, AR Levee Certification N7�2 20 2040 Comprehensive Plan Clarksville, AR 2009 Siloam Springs, AR 022New FNI Office Rice -Carden Levee Repair 2011I Rogers, AR Fort Smith, AR Wastewater Master Plan 2020 Rogers Water Utilities Mississippi River Basin and National 2022 Water Quality Initiatives Natural Resources Conservation Service January 12, 2023 4 CITY OF FAYETTEVILLE I Watershed Design and Grant Management Services F01111MICHOLE Project Availability and Ability to Meet Schedule Although FNI has a healthy workload, we have the resources available to complete this project within the established schedule. FNI has senior -level Project Managers, including many firm Principals, dedicated to various departments to verify our resources are allocated as needed to successfully complete project assignments. It is important to FNI to be close to our clients. Our Arkansas office is a short thirty - minute drive from the City of Fayetteville. The proximity means that we have the ability to be responsive to the needs of the City. FTN's will be completed by their Water Resources Group in their Little Rock and Fayetteville offices. Twelve of their 64 professionals will be initially made available to work on these projects, with five additional professionals in Baton Rouge, Louisiana available to assist. Should more personnel be required, additional resources can be made available. FNI has a long history of compliance with client schedules and budgets, and we understand that maintaining both is critical to the successful completion of this project. The right balance must be maintained so that work can be completed as soon as practical, without accelerating the work to the point of diminishing quality or increasing cost without a commensurate increase in value to the project. We have the resources needed and the availability to complete the projects on time. Our Project Management Process utilizes several tools to manage project schedules, including the One -Page Report. This is a simple document that is prepared and submitted to the City monthly by our Project Managers. The entire project team is copied on the report, which outlines work completed over the last reporting period, as well as upcoming tasks and deliverables. If there are outstanding decisions or information needed, the report will clearly note those items. We have found this simple tool to be an effective means of communication thereby enhancing our ability to maintain on -time project delivery. SUSTAI NABI LITY at Freese and Nichols Focused on Sustainability FNI demonstrates a comprehensive approach to sustainability in all of our work. Through our focus on sustainable initiatives, we strive to satisfy present needs, while preserving the ability of future generations to meet their own needs. It encompasses everything we do, as a company and for our clients, from technical projects to corporate processes, so we can be responsible stewards of our community, environment and finances. We do this by... • Creating more livable, enjoyable communities • Designing systems with reduced future maintenance • Improving community mobility • Encouraging the selection of environmentally friendly building materials • Improving water quality through best management practices January 12, 2023 CITY OF FAYETTEVILLE I Watershed Design and Grant Management Services rMNI'MCHOLE Organizational Chart PHASE Annie Vest Jonah Vasquez Dane Schneider, PE, ENV SP (BCA) UBLICA City of Fayetteville Heather Rogers, PE Robert Wood Austin Dugger, PE, CFM Christian Capehart Jeremy Dixon, PE, CFM Sam Pike Wray* Lee Beshoner, PE, CFM* Kale Farmer, PE, CFM* Dawn Warrick, AICP PHASE II r-9 SURVEY 7 Bates and Associates. Inc. DESIGN 'A Jonathan Faughtenberry, PE Justin Oswald, PE, CFM Jonathan Harges, El AAn —Associates Ltd. January 12, 2023 6 CITY OF FAYETTEVILLE I Watershed Design and Grant Management Services F01111NICHOLE Key Personnel Bios Greg Simmons, PE, CFM Project Manager I Experience: 37 years / Education: MS, Financial Management, Naval Postgraduate School; BS, Civil Engineering, Texas A&M University / Registration: Professional Engineer, Arkansas #21485, Certified Floodplain Manager #1743-09N. Greg Simmons' engineering and infrastructure management experience includes leading municipal and military organizations that operated and maintained building and infrastructure systems (roads, water/ sewer and drainage), managing design and construction projects for building and infrastructure system repairs and improvements, and developing strategic asset management plans for facility and infrastructure systems. In the course of his career, Greg has worked as a project manager, program manager and the developer and leader of the overall strategic plans for various facility/infrastructure management organizations, including leading the Stormwater Management Program for the City of Fort Worth from 2006-2022. Annie Vest Grant Services Lead I Experience: 12 years / Education: MA, Executive Development for the Public Sector, Ball State University, MA, Adult and Community Education, Ball State University, BS, Psychology and Disaster Management, Northwest Missouri State University / Professional Memberships: National Hazard Mitigation Association; Oklahoma Floodplain Managers Association; National Emergency Management Association; Department of Homeland Security CISA; Association of State Floodplain Managers; International Association of Emergency Management. Annie Vest is the Mitigation and Disaster Planning Lead at FNI and the National Hazard Mitigation Association Vice President. She currently serves as a Subject Matter Expert to the Department of Homeland Security CISA, Resilient Investment Planning, and Development Working Group. Annie is the former State Hazard Mitigation Officer (SHMO) for Oklahoma. As SHMO, Annie was directly responsible for $130 million in Federal Hazard Mitigation Assistance (HMA) funds and the review and approval of Local Hazard Mitigation Plans. While employed at a previous firm, Annie authored the only nationally competitive FEMA BRIC grant in FEMA Region VI. She has extensive expertize in FEMA mitigation policy including the Benefit Cost Analysis. Heather Rogers, PE I Master Drainage Plan / Experience: 10 years / Education: BS, Biological AL(Systems) Engineering, North Carolina Agricultural and Technical State University / Registrations: Professional Engineer, Oklahoma #31694. Heather Rogers is a water resources engineer experienced in performing stormwater modeling and analysis for a wide variety of projects. Her background includes H&H model development for detailed and base -level engineering FEMA floodplain studies and floodplain permitting, hydraulic design of federal and municipal dams, and drainage analysis for land development projects and wetlands. She has served as lead H&H engineer for multiple dam and floodplain study projects, in which she was responsible for delegating and scheduling tasks, developing technical processing and tools, managing staff workloads and providing training to junior engineers and partner firms. Heather currently performs H&H analyses for flood impact assessments and dam design. Austin Dugger, PE, CFM Master Drainage Plan I Experience: 8 years / Education: BS, Civil VEngineering, Oklahoma State University / Registration: Professional Engineer, Oklahoma #32975, Certified Floodplain Manager #4050-21N. Austin Dugger is a Stormwater Engineer with experience working on a variety of stormwater design projects. His experience includes bridge hydraulic and scour analysis, design of culvert extensions and replacements, preparation of stormwater masterplansI storm sewer analysis and design, detention pond design, stream stabilization and restoration, and preparation of O&M manuals for green stormwater infrastructure. He has experience preparing studies using a wide variety of software platforms, including HEC-HMS, HEC-RAS, EPA-SWMM, PC-SWMM and TUFLOW 2D rain -on -mesh analysis. He also has experience preparing plans, specifications and estimates for his designs. Resumes for the entire team are located in the Appendix. January 12, 2023 7 CITY OF FAYETTEVILLE I Watershed Design and Grant Management Services F111 NICHO E kLk Jeremy Dixon, PE, CFM Master Drainage Plan I Experience: 11 years / Education: MS, Civil Engineering, Texas Tech University; BS, Civil Engineering, Texas Tech University / Registrations: Professional Engineer, Texas #121614; Certified Floodplain Manager #246-13N. Jeremy Dixon is a Project Engineer and Certified Floodplain Manager in FNI's North Texas Stormwater Management Group. He routinely performs H&H analysis and generates written reports for various stormwater projects. His experience also includes drainage studies, floodplain management, and review of drainage studies for compliance with current design criteria. He is proficient in HEC-RAS, HEC-HMS, InfoWorks ICM, development of ArcGIS scripts, and GIS applications for water resources. Lee Beshoner, PE, CFM Master Drainage Plan I Experience: 20 years / Education: BS, Civil Engineering, University of Arkansas; BA, Mathematics and Physics, University of the Ozarks / Registrations: Professional Engineer, Arkansas #12942; Certified Floodplain Manager, Arkansas #AR-06- 00128. Lee Beshoner has more than 20 years of experience in H&H analyses of complex open channel and urban stormwater environments, including engineering and modeling support for master drainage plans and improvements to drainage infrastructure, development of GIS related software, and preparation QA/QC procedures and documentation. Lee has over 10 years of experience in project management of large and complex water resources and GIS-related projects. He currently serves as the Flood Risk Project Lead for the State of Arkansas Cooperating Technical Partnership (CTP) program contract and operates as FTN's Fayetteville Branch Manager. Lee's project and technical experience includes extensive work with multiple methods of hydrologic analyses; 1D and 2D hydraulic modeling; scenario -based stream evaluations to analyze the impacts of human development on floodplains; development and interaction with geospatial data; experience with complex spatial relationship queries and analyses using multiple GIS based software platforms; leading Independent Technical Reviews; and presenting, instructing, and/or leading various webinars, conferences, or meetings regarding floodplain related topics. Lee also serves as the Executive Director for the Arkansas Floodplain Management Association. Kale Farmer, PE, CFM Master Drainage Plan I Experience: 18 years / Education: BS, Civil i Engineering, University of Arkansas / Registrations: Professional Engineer, Arkansas #14253, Certified Floodplain Manager, Arkansas #AR-07-00149. Kale Farmer is a civil engineer with extensive experience in H&H engineering. His experience includes water resources modeling, site design (grading, water, sanitary sewer, and storm sewer design), utility construction, and project coordination, review and permitting at the community, state, and federal levels. He is experienced working with FEMA on floodplain mapping, the Map Modernization Program, Risk MAP, Flood Insurance Studies (FIS), and regulatory issues and requirements. Kale's experience extends to field reconnaissance, data collection, and GIS analysis for H&H studies, master drainage planning, flood plain mapping, and DFIRM database productions. His project experience includes acting as the project manager and engineer responsible for ongoing urban drainage study in downtown Bentonville, AR. He developed a 2D overland flow model linked to 1D subsurface storm sewer system to evaluate planned improvements and provide recommendations for further drainage improvements. He utilized PCSWMM to analyze both surface and subsurface flow with rain -on -grid runoff computation. Dawn Warrick, AICP I Public Engagement / Experience: 27 years / Education: MA, Geography, University of Arkansas, BLA, Landscape Architecture, University of Arkansas / Registrations: American Institute of Certified Planners, #017667. Dawn Warrick is a Project Manager in FNI's Tulsa office and has more than 23 years of municipal planning experience, including seven years as the City of Tulsa's Planning Director. She has served in senior planning roles for Louisville Metro Government in Kentucky and the City of Fayetteville, Arkansas, giving her an understanding of large urban cities, as well as smaller communities. Dawn has conducted and managed development review processes and supported elected and appointed officials as a subject matter expert. She is experienced in developing and implementing action -oriented, long-range plans using strategies that include updated land -use regulations, coordination of services, and integration of planning priorities into capital improvement programs. January 12, 2023 8 CITY OF FAYETTEVILLE I Watershed Design and Grant Management Services FININNICHOLE Saul Pike Wray GIS I Experience: 9 years / Education: MS, Biology, University of Central Arkansas; BS, Environmental Science, University of Central Arkansas. Sam Pike Wray serves as FTN's Geospatial Analytics (GSA) Administrator, where she functions as FTN's technical resource, advisor, and consultant in all areas of information management, including GIS. At FTN, Sam has been essential in the development of semi- and fully automated data processing tools, the deployment of web mapping applications, and the implementation of interactive web -based dashboard applications. Prior to joining FTN, Sam has organized and led data standardization endeavors, streamlined data collection and workflow processes, and created and updated enterprise -level data management systems for multiple organizations, including those in government and the nonprofit sector. Sam has been successful in laterally transferring her skills and abilities across many diverse fields, including utility infrastructure, environmental regulation, biological and ecological sciences, tourism and recreation, education, and public health. Sam's past projects include developing information management systems for infrastructure and utility data across Arkansas for parks, schools, colleges, utility companies, airports, and nonprofit organizations; categorizing and analyzing the physical condition of infrastructure to make recommendations regarding capital improvement funding expenditures for government agencies; providing justification for grant applications, real estate purchases, and business development strategies; and overseeing the migration of data from flat files to geospatially enabled databases, including those in cloud -based systems. Team Integration and Coordination The key players from both FNI and FTN will be active participants at scoping, progress and design -review meetings. A proactive communications plan will be developed at the onset of the project, including guidance on preferred methods to interface with the City. This communications plan will integrate our team through internal progress meetings, phone calls, virtual collaboration and monthly reporting. It will promote coordination of project tasks, data sharing, planned workflow and schedule of deliverables. It will also verify the entire team understands project goals and expectations. FNI will also incorporate the review of FTN's deliverables into our quality assurance/quality control (QA/QC) program (see detailed description in Section G —Additional Background). FNI's assigned project manager prepares a formal QC plan for each project, detailing the documents to be checked or reviewed, QC schedules and responsible personnel. The QC review confirms the technical accuracy of each supplier's project components and verifies the quality standards for each submittal are consistently met. FNI's systematic CIA process confirms the QC plan is followed and project objectives are carried out. Interaction and Coordination with the City The goal of our team is to function as an extension of the City's organization to achieve the goals of the project. This means including the City on all critical decisions and, above all else, avoiding surprises through the course of completing the project. We achieve this through accessibility of our staff, responsiveness to City staff and by incorporating City comments into the project. Our team recommends monthly meetings with the City's Project Manager and key members of the project team to discuss progress and any action items that need to be resolved. Depending on the agenda for the meeting, these can either be in -person meetings or accomplished via phone calls or online collaboration. They are an effective tool to keep everyone informed, to brainstorm alternatives and keep the project moving forward. • In addition to periodic meetings, email, online collaboration and phone calls, a monthly summary report will be submitted to the City. These reports employ a standard form on which we report tasks completed in the previous work cycle, upcoming tasks and anticipated work for the next month, project milestone delivery dates and an area to list any issues that need to be resolved/action items. • FNI will utilize our subconsultant, Bates and Associates, Inc., for survey work associated with the mapping of the existing drainage system. January 12, 2023 9 E CITY OF FAYETTEVILLE I Watershed Design and Grant Management Services F111 NICHO Specialized Past - - WE KNOW an. . ' FUNDING We are confident that the team -member biographies and project examples The Infrastructure Investment provided throughout our SOQ will clearly demonstrate the depth and breadth and Jobs Act (IIJA) authorizes of the professional experience and expertise the FNI/FTN team will bring to $1.2 trillion for infrastructure bear on this project. By way of overview, we can say that when it comes to this investments. This is the most sort of project, the FNI/FTN team has successfully "been there, done that" significant federal investment assisting dozens of communities for decades on similar projects. Due to that in decades and authorizes vast experience, we have many ideas and examples that we believe will add great roughly $47 billion in funds for value toward optimizing the ultimate outcome. We fully understand that no two resilience, including various communities are alike and, as a matter of sequence and priority, we must first programs to address flood mitigation. Funding agencies listen carefully to the City to capture a detailed understanding of how the City range from existing programs, defines success for this effort. Our summary approach is to listen first, listen well such as FEMA's Building Resilient and listen throughout as we leverage our professional expertise and track record Infrastructure and Communities of success at each step in the process to facilitate the advancement of the City's and Flood Mitigation Assistance, goals and visions for this project. to new programs like the Safeguarding Tomorrow Through PHASE I Ongoing Risk Mitigation (STORM) Act. Funding Specialists Other funding opportunities FNI's funding team will lead the grant preparation aspect of this project and is our team will explore includefunding through the U.S dedicated to helping you navigate the grant and loan process to obtain funding Environmental Protection for the design and construction of flood/erosion mitigation projects. Agency (EPA) and the Clean More than any other firm, our team knows funding. FNI experts bring a collective Water State Revolving Loan knowledge of varying funding sources available to meet client current and future Fund (CWSRF), which provides financial assistance throughloans needs. We use multiple funding alternatives, including low -interest loans, grants, with subsidized interest disaster relief and hazard mitigation -type funding programs for water, wastewater rates and opportunities for and stormwater opportunities. Our funding strategy will be customized to partial principal forgiveness for Fayetteville's needs and will consider all possible actions (structural, land use planning, acquisition, design regulations, building codes, nature -based solutions, etc.) to address current and and construction of wastewater, future risks and identify specific ways to fund these activities annually. Working reuse and stormwater mitigation in tandem with the entire FNI/FTN team, our funding professionals will assess the infrastructure projects. results of a detailed analysis of hazard risks and stemming mitigation actions to develop a tailored mitigation strategy to help mitigate risk. FNI understands maximizing funding opportunities that utilize FEMA's Hazard Mitigation Assistance grant programs, including the Building Resilient Infrastructure and Communities (BRIC), Flood Mitigation Assistance (FMA), and the Hazard Mitigation Grant Program, is essential to making the flood/erosion mitigation funding efforts successful. Our team is uniquely suited to complete the initial project grant application and all its components, such as required environmental coordination with outside entities and developing project cost estimates or a benefit -cost analysis (BCA) if needed for the proposed projects. Once the grant application is submitted for review under the selected funding opportunity, we will use our robust, professional relationships with state and federal coordinating partners to verify the completeness of the grant application, and increase the probability of project selection by the Arkansas Department of Emergency Management (ADEM) and Arkansas Department of Natural Resources. Benefit Cost Analysis (BCA) Equally as important to the costs, is identifying the benefits from each project. The benefits can be monetary as well as environmental, social and recreational. Our project team has decades of experience in conducting benefit cost analyses following FEMA BCA guidelines. FEMA has recently updated these guidelines to be more inclusive of other benefits and discount rate. Our team has also piloted an innovative approach to expand the impacts of flooding and January 12, 2023 10 CITY OF FAYETTEVILLE I Watershed Design and Grant Management Services F111 NICHO E has demonstrated these additional impacts in the Houston region. Our team can show the traditional BCA as well as our new approach to justify project selection. The BCA tasks may include calculating costs of damage of modeled flood event scenarios using the standard BCA methods of calculating damages, such as Building Replacement Value; performing a limited analysis of existing models to determine the need for new modeling; providing the GIS work necessary to inventory the number of homes at risk, assumed finished floor elevations, roads and culverts at risk and other critical infrastructure and lifelines; and revising the Opinion of Probable Construction Cost (OPCC) for the project's current construction costs. Specific Project Examples Reservoir Benefit -Cost Analysis Assistance Town of Wake Forest, NC The Town has been earmarked for funding by Congress for rehabilitation of the Wake Forest Reservoir Dam for the purposes of hazard mitigation. As part of this funding, the Town needs to complete FEMA's Benefit -Cost Analysis (BCA) process. The BCA is a method that determines the future risk reduction benefits of a hazard mitigation project and compares those benefits to its costs. FNI is currently assisting the Town with completion of the BCA for the Wake Forest Reservoir. This will include all portions of the BCA with the exception of the narrative, which will be completed by the Town. The BCA tasks include: • Calculating costs of damage from a potential breach of the Wake Forest Reservoir, using the standard BCA methods of calculating damages, including Building Replacement Value • Performing a limited analysis of the breach model developed by FNI as part of our previous study for the Town that identified the dam as not meeting current Dam Safety standards • Providing the GIS work necessary to inventory number of homes at risk, assumed finished floor elevations, roads and culverts at risk • Revising the Opinion of Probable Construction Cost (OPCC) for the dam to reflect current construction costs • Providing a brief writeup of potential environmental impacts of the proposed work along with identification of permits that will be needed to conduct the work • Providing assistance to the Town to help them complete the narrative portion of the BCA Application for FEMA BRIC Funding for the Bayou Din Detention Basin Project Jefferson County Drainage District No. 6 Areas within the Bayou Din watershed have experienced extensive, widespread flooding numerous times within recent years. The flooding is attributed to several unnamed storms, and notably Hurricane Harvey in 2017 and Tropical Storm Imelda in 2019. These flooding events resulted in damages to real and personal property. Submerged roads prevented motorists and emergency responders from moving freely, presenting an immediate threat to public health and safety. Residential, commercial and industrial areas throughout the region were inaccessible for prolonged periods as floodwaters receded. The Bayou Din Detention Basin Project will implement regional stormwater management infrastructure to mitigate the risk of flooding in areas of Fannett, Texas identified as Green Acres, Cheek, Winzer Road area, Bayou Din Drive area, Grand Oak Estates and adjacent communities. The project will also mitigate flood risk to vital industrial facilities within the watershed, such as the Goodyear Tire and Rubber plant. FEMA developed technical evaluation criteria to score and prioritize BRIC applications submitted for consideration. Generally, for the project application to be competitive, it must demonstrate mitigation of natural hazard risk to critical physical infrastructure and community lifelines that enable continuous operation of government and business functions essential to human health and safety. FNI developed a regional flood risk reduction project including channel conveyance improvements and detention storage to benefit approximately 5,000 residences. The proposed project reduced total damages from flooding in the region by 50% for the more frequent 10-year rainfall event, as well as the less frequent, more severe 100-year storm. January 12, 2023 11 CITY OF FAYETTEVILLE I Watershed Design and Grant Management Services F111 NICHO E Disaster Recovery Program Harris County Flood Control District FNI served as an extension of Harris County Flood Control District's (HCFCD) engineering and environmental staff to manage their federally -funded Disaster Recovery Program, providing county -wide on -call program management services over a multiyear period. Services included preliminary damage assessments, GIS data management, work plan development, grant and funding procurement services and construction management and inspection services. Disaster Assessment Support The Disaster Recovery Program responded to infrastructure damages sustained during the April 2016 Tax Day storm event, Hurricane Harvey in 2017 and Tropical Storm Imelda in 2019. Damage assessments focused primarily on HCFCD channel infrastructure, including 1,500 channolc t 0 t a 1; ng 7 55(1(1 miloc in length and across 22 watersheds totaling over 1,700 square miles. HCFCD initially engaged FNI as a program manager to respond to the infrastructure damages sustained by the April 2016 Tax Day storm event in Southeast Texas. The Tax Day storm delivered nearly 18 inches of rainfall over six watersheds in western and northwestern Harris County in a 24-hour period and was declared a federal flood disaster. Utilizing a combination of high -resolution aerial imagery and field teams recording on -site conditions, FNI estimated the total repair cost for damages subject to federal reimbursement in excess of $30 million. While in the process of assisting HCFCD to address the Tax Day storm damage, Harris County was subjected to Hurricane Harvey in 2017 and Tropical Storm Imelda in 2019. Hurricane Harvey delivered approx. 47 inches of rainfall over the period from August 24 through 30 and was declared a federal flood disaster. FNI continued to work diligently with HCFCD to adapt the Disaster Recovery Program in response to Hurricane Harvey and Tropical Storm Imelda. FNI staff mobilized immediately to assist with recovery efforts, assess field damage, and coordinate with federal and state agencies in pursuit of funding reimbursement for recovery efforts. Our program management team documented the majority of damages sustained by Hurricane Harvey in approximately six weeks, estimating infrastructure damages in excess of $100 million. Infrastructure Support FNI developed preliminary scopes and cost estimates for repair of damages. Projects were categorized based on emergency repair designs for critical damage, design and construction to restore infrastructure to pre -disaster condition and development of hazard mitigation measures to alleviate impacts from future extreme storm events. FNI assisted with the coordination of multiple state and federal agencies, including Natural Resources Conservation Service (NRCS), FEMA, and US Army Corps of Engineers (USACE). FNI supported HCFCD in the procurement and management of multiple design consultants to develop construction documents. FNI also augmented HCFCD staff resources by providing construction phase engineering services, and construction management and inspection services. Funding Support FNI provided technical support to HCFCD and Stuart Consulting Group for the preparation of FEMA Hazard Mitigation Grant Program and Public Assistance and HUD CDBG-DR and CDBG-MIT applications for funding assistance. FNI focused on developing flood mitigation strategies aimed at reducing existing flood risk and promoting resiliency while also incorporating nature -based solutions, including multi -use flood control facilities, stormwater quality features and recreational benefits. FNI assisted with the preparation of grant applications within the Addicks Reservoir, Armand Bayou, Brays Bayou, Cypress Creek, Greens Bayou, Halls Bayou, Sims Bayou and White Oak Bayou watersheds. January 12, 2023 12 CITY OF FAYETTEVILLE I Watershed Design and Grant Management Services FININNICHOLE Master Drainage Plan Experts FNI and FTN have assisted many public clients with all aspects of successfully implementing their drainage programs. This includes drainage system inventory and mapping; citywide, basin and localized planning; and developing concepts for innovative and highly effective flood/erosion mitigation projects that many times also provided water quality benefits and served as community amenities. The FNI/FTN team consists of professionals who work predominately on drainage and flood mitigation projects for public clients and regional authorities. Our team is accomplished in utilizing the latest modeling software, helping municipalities make educated and informed decisions to maximize the value of their construction dollars. Our experienced staff will provide constructible, sustainable alternatives that optimize the City's budget for construction, and operations and maintenance (0&M). Highly complex urban stormwater issues often require advanced modeling and analysis, and we are fortunate that our toolbox keeps growing with advances in technology. FNI/FTN has extensive experience in the application of advanced modeling to stormwater needs, including InfoWorks ICM, XP-SWMM, HEC-RAS Unsteady and HEC-RAS 2D. We are intimately familiar with the unique modeling challenges posed by these types of projects, including processing data on the front end to build the models efficiently and utilizing custom scripts in GIS to process model results. With highly experienced stormwater staff, our team members routinely encounter unique modeling situations that require special applications of H&H principles. We enjoy and welcome the challenges created by these special situations and look forward to providing the City with drainage services. The key steps our team has successfully employed to deliver accurate, relevant and highly usable master drainage plans for numerous communities are outlined below. We will work with City staff to customize this process, as needed, to properly structure our effort to deliver high priority interim products, specifically the ability for the City to apply for grant funding in Fall 2023 for the design and construction of high priority flood mitigation projects. Drainage Master Plan Process Drainage Master Plan Discovery Mary's Creek confluence with the Clear Fork Floodplain, from the City of Fort Worth Drainage Master Plan Kickoff meeting: A kickoff meeting with the City will be held to introduce key team members and to review the Project Management Plan, including the scope of work, schedule, budget, communications plan and milestone deliverables. During this meeting, our team will facilitate discussion of several key items to define the City's expectations, including identification of the highest priority drainage issues the City desires to mitigate through grant - funded design and construction. Data gathering: We will create a data request for the City, including: available topographic data; previous drainage studies; as -built plans; CAD/ GIS information currently held by the City; historical records on past flooding and drainage complaints; any existing H&H models and associated flood mapping efforts; information on any significant plans for site development projects; zoning restrictions as they impact future impervious cover or priority areas for green/LID measures; and the existing drainage criteria. Especially important for this project, given the goal of submitting a grant application in Fall 2023, will be the identification of any existing modeling data that can be used to expedite the development of conceptual mitigation alternatives without an extensive modeling effort. • Field visits: Perform field visits with City staff to understand the nature and scale of the existing problems. • Interviews: Conduct interviews with tenured City staff to identify additional projects for consideration. • System inventory: Convert any existing system drawings from CAD or other formats to GIS. January 12, 2023 13 CITY OF FAYETTEVILLE I Watershed Design and Grant Management Services FININAICHOLSFREEE Field work: We will begin by identifying outfalls and then work our way upstream along each system, conducting measure downs on storm drain manholes and inlets. We will record size and flowline information for each access point, as well as pictures and visual condition assessments. We will also identify and assess other stormwater features, such as culverts, bridges and channels. The accuracy of the data will require a discussion with the City regarding the level of effort and desired outcomes. We can provide a range of data accuracy, varying from field survey to handheld GPS to mobile data collections using iPhones. We would recommend using ArcGIS online, so that the data can be collected in the field and quality control can be done in the office simultaneously, if desired. The end product will be a comprehensive GIS database of the City's entire stormwater system. Our team will also be available to provide training to the City on using the GIS database, as well as ongoing support as needed. Identification of short term opportunities: During the field verification process, we will rely on our experience to flag problem areas that need attention and incorporate information about those into the GIS data. These could consist of pipes or culverts filled with debris, erosion in streams, areas of standing water or significant overgrowth, or major deterioration of pipes or other structures. Detailed Analyses and Development of Overall Drainage Model • Determination of hydraulic modeling software to be used: The FNI/FTN team has performed numerous studies for cities across the nation using 1D/2D dynamic modeling with several of the most advanced software applications commercially available including XP-SWMM, PCSWMM, InfoWorks ICM, HEC-RAS (1D and 2D), iCPR 4, EPA-SWMM and others. We will recommend a specific platform to the City so that a decision can be made on which system to employ. Whichever platform is chosen, our team will develop a product that can be used as desired to pursue any revisions to the FEMA floodplain that may be indicated. Stormwater Master Plan, City of Buda, Texas • Model development: Once the modeling process and the priority focus areas have been agreed upon with the City, collected model input data, such as culvert parameters, topographic and hydrologic data will be incorporated into a base 1D/2D model. FNI/FTN will perform quality control assessments of the base model inputs and computational methods. The model will then be validated against historical records, such as city - recorded flood conditions, stream gauge data and other data available and then reviewed again internally for quality control prior to presenting the model to the City. We will discuss the model with the City, and the community if desired, to validate that the produced results represent their understanding of flood conditions in the problem areas. Any comments or concerns from the City will be addressed prior to use of the model for identification of conceptual flood mitigation alternatives. • Identification of conceptual improvement alternatives: FNI/FTN will take the outcome of the model and other data gathered and provide a report describing what appear to be the greatest public safety flood risks in the City and outline what conceptual mitigation alternatives appear to be the most feasible and the best candidates for a Fall 2023 grant application for design and construction funds. Any of these alternatives can be developed into greater detail in any future effort that the City determines is appropriate. January 12, 2023 14 CITY OF FAYETTEVILLE I Watershed Design and Grant Management Services FININNICHOLE Specific Project Examples �1! 07 #Af # ! 100 - # Drainage Project Prioritization System City of Fort Worth, Texas The City of Fort Worth developed its stormwater utility fee in 2006 and subsequently used the revenues to sell a series of bond packages. These bond funds were spent to fund a backlog of capital improvement projects. Without future rate increases, the utility has now reached its debt capacity, and the City is transitioning to a pay-as-you-go system with a significant reduction in its annual budget for stormwater capital improvements. This funding reduction has created a greater emphasis on how the City prioritizes its limited stormwater funds. In response to this transition, FNI is assisting the City with the development of a prioritization system to guide its stormwater planning team in selecting areas to study and mitigation alternatives to move into capital project development. FNI developed a needs -based prioritization system in GIS to rank the City's 300 storm drain mapsheds based on factors, such as structure flooding, road flooding, pipe capacity, infrastructure criticality and drainage complaints. FNI utilized pairwise methodology for developing the prioritization system based on City priorities identified in the Comprehensive Plan but tailored to the Stormwater Utility's mission. Then, FNI reviewed all the stormwater studies developed by the City over the past 10 years and performed a data mining exercise to extract critical performance metrics for each project that aligned with the City's priorities. This information was used to develop a risk -based ranking of mitigation alternatives that can move forward to capital projects. The system was documented in an Access database, which can be used by City staff moving forward to manage planning efforts. More than 80 reports were reviewed to develop a list of more than 500 alternatives. These were filtered to 200 viable alternatives, which were scored and ranked. The top 50 included further evaluation, including site visits, updated cost estimates and project life -cycle assessments. January 12, 2023 15 CITY OF FAYETTEVILLE I Watershed Design and Grant Management Services FININNICHOLE Comprehensive State Flood Plan Oklahoma Water Resources Board In 2020, the Oklahoma Legislature passed Senate Bill 1269, which directed the development of the first ever State Flood Plan by the Oklahoma Water Resources Board (OWRB). The purpose of the Flood Plan is to develop a comprehensive list of flood mitigation strategies and projects, provide improved resource management between federal, state agencies, and local communities and increase the state's community and public awareness. The designated Flood Planning Watersheds are based on the primary river basins in the state. FNI is leading this effort to develop the flood plan based on the 13 Flood Planning Watersheds. This is being accomplished through five mains tasks. • Engagement — The Flood Plan team contacted nearly 1,000 floodplain administrators, emergency managers and flood professionals in the state to participate in webinars and surveys. We have also given multiple presentations across the state to professional organizations such as the Oklahoma Floodplain Managers Association (OFMA) etc. The compiled information on flood issues and flood mitigation projects will feed into the flood risk reduction strategies, funding recommendations and legislative recommendations. • Data Collection — The Flood Team is collecting the best available data from authoritative sources. This includes developing a state-wide flood quilt (combination of flood risk maps) to define risk and a state-wide building dataset (structures and population) to define consequence. The combination of the two along with other factors will help to define hot spots within the State. • Flood Risk Reduction Strategies — These strategies will be based on gathered Hazard Mitigation Plans, Master Drainage Plans, Capital Improvement Plans and data gathered through engagement. • Funding — Funding can often be a limitation to implementation of these projects and this task will look at strategies to fund flood risk reduction strategies. This will likely include recommendations for potential new programs that could help communities especially with finding match dollars for federal programs. • Plan Development — The plan development will include an executive summary of the Flood Plan including funding and legislative recommendations. It will also include an interactive dashboard displaying flood risk, consequence, hot spots, gap closure evaluations and flood risk reduction strategies. January 12, 2023 16 CITY OF FAYETTEVILLE I Watershed Design and Grant Management Services F111 NICHO E Flood Risk Assessment Oklahoma Water Resources Board (OWRB) FNI completed multiple projects funded through the OWRB and the FEMA Cooperating Technical Partner (CTP) Program to promote and develop flood control throughout the State. Services included analyses and development of flood hazard data, H&H modeling, floodplain mapping, flood risk products and flood risk outreach activities to identify areas at risk for flooding and aid in prioritizing future mitigation efforts. FNI's scopes of work to date include Phase One (Discovery) and Phase Two (Risk Identification and Assessment) projects located within multiple watersheds. FNI provided Phase One (Discovery) activities for Mapping Activity Statement (MAS) No. 19-2. We evaluated five watersheds to support decreasing the long-term natural hazard risk to communities throughout the watersheds. Phase One activities included project management, review of flood risk assessment products, discovery activities, and community participation and engagement in the Discovery process. FNI evaluated the watersheds and the communities within to determine what technical support or assistance the components available through a Flood Risk Project may be appropriate in later phases. The project includes in -person opportunities to engage identified communities, build risk awareness, increase capabilities for risk communication and stimulate mitigation action at the local level. MetroQuest surveys, website and virtual meetings provided creative solutions to engage communities within COVID-19 guidelines. FNI performed Phase Two (Risk Identification and Assessment) activities for Lightning Creek located within the Lower North Canadian Watershed in Oklahoma City. The study provided detailed H&H analysis of approximately 8.51 stream miles and 14.16 square miles of drainage area. The study included 24 bridge/culvert structures with a diverse geometry of channels. The HEC-HMS and HEC-RAS analysis included multiple storm events and produced floodplains, floodways and other regulatory products. Since the last detailed study in 1982, the changes in development, land use, modeling techniques and rainfall data all contributed to significant changes in the regulatory floodplains and floodway. Stream flow rates more than doubled since the 1982 study, and the floodplain that was previously mapped inside the channel extended far outside of the banks, inundating hundreds of new structures. These wider floodplains pushed the limits of scoped traditional 1D steady flow modeling, so FNI also created 2D models to verify the accuracy of the 1D runoff volumes and timing of peak flows. FNI also used the community's high-water marks and photos of known large storm events combined with FNI's Rainfall Wrangler tool for model calibration and verification of known flooding events. FNI also performed Phase Two (Risk Identification and Assessment) activities for Cooley Creek located within the Bird Watershed in the City of Tulsa. The study provided detailed H&H analysis of approximately 7.8 stream miles of Cooley Creek and its tributary. Scope of work included topographic data development, collection of field surveys, HEC-HMS and HECRAS model development, floodplain mapping, development of flood risk products and flood risk outreach activities. The project accounts for changes in land use development and updated floodplain mapping with the latest H&H modeling software. Community Engagement and Project Outreach For all of the flood risk projects, FNI provided community engagement and project outreach support to create a climate of understanding and ownership of the mapping process at state and local levels. Assistance included in -person and virtual opportunities to engage communities, build risk awareness, increase capabilities for risk communication and stimulate mitigation action. FNI worked with local officials and residents, local planners, floodplain administrators (FPAs), elected officials, community leaders, local levee/dam/coastal leadership/business owners and others to alleviate public controversy. January 12, 2023 17 CITY OF FAYETTEVILLE I Watershed Design and Grant Management Services FININNICHOLE Vensel and Cooley Creek Master Drainage Plans City of Tulsa FNI is finalizing master drainage plans for the Cooley Creek and Vensel Creek basins within the City of Tulsa. The Cooley Creek and Vensel Creek watersheds encompass approximately 6.5 and 6 square miles, respectively. Tasks include a collection of field surveys, hydrologic (HEC-HMS) and hydraulic data development (HEC- RAS/ SWMM) for existing and fully urbanized conditions, floodplain mapping, flood hazard analysis, stream erosion analysis, flood alternatives analysis, cost estimates, and preparation and submission of a Master Drainage Plan. FNI created a GIS Interface for the City of Tulsa to see our ongoing H&H efforts. The detailed H&H analysis included: • HEC-HMS Modeling • HEC-RAS 1D Modeling • HEC-RAS 2D Modeling • Public Involvement • Problem Area Identification • Alternative Analysis • Cost Estimation • Floodplain Mapping • Interactive GIS Viewer The project also included updating the Floodplain and Floodways within the FEMA Special Flood Hazard Areas via the FEMA/Cooperating Technical Partners Program. Stormwater Master Plan City of Terrell, Texas FNI recently completed a comprehensive Stormwater Master Plan for the City. The plan included an assessment of the City's drainage criteria and funding opportunities. A rain -on -mesh analysis was performed to identify drainage concerns across the City. In addition, detailed analyses were performed of selected open channels, creeks and known severe flooding areas. FNI developed new HEC-HMS, HEC-RAS and InfoWorks K. models of riverine and storm drain flooding throughout the City. FNI used the models to determine flood risk, developed conceptual projects to mitigate the risk and prioritized the projects. FNI also revised the Drainage Criteria section of the City's Technical Construction Standards and Specifications, provided a funding assessment and justification for increases to the stormwater utility fee, benchmarked Maintenance Practices across multiple peer cities and performed drainage impact analyses for two high -profile projects in the City. January 12, 2023 18 CITY OF FAYETTEVILLE I Watershed Design and Grant Management Services FININNICHOLE Downtown Master Drainage Analysis City of Bentonville In 2016, Bentonville requested FTN perform an in-depth analysis of drainage issues in a portion of the downtown area. The area in question had begun experiencing redevelopment, with small homes being replaced with much larger structures. The City wanted to evaluate the potential increase in runoff volumes for the area due to the increased impervious area of each lot. Additionally, FTN evaluated the current stormwater system to determine the level of service it was currently providing. FTN worked with City staff, an aerial photogrammetry firm, and a local surveying subcontractor to obtain detailed topographic and base map data of the project area. This included a detailed survey of the subsurface storm drainage network and ground truthing for the photogrammetry. FTN developed a two-dimensional hydraulic model of the area analyzing both surface and subsurface drainage using PCSWMM. This model incorporated rain -on -grid hydrologic modeling, which is a more accurate way to determine runoff for an area compared to conventional methods that average input parameters over a watershed. FTN proposed several solutions to address existing and future drainage problems, including surface and subsurface detention, storm sewer capacity improvements, and regulation/ordinance revisions. FTN also worked with the City to identify several parcels within the study area that had potential for use as detention basins, including limited analysis of current value and identified areas where subsurface detention would be most beneficial. FTN continues to work with the City of Bentonville to identify areas of potential drainage improvement and develop recommendations to address the drainage infrastructure needs including potential detention, and storm sewer trunk lines. FTN is also assisting the City with grant applications by developing conceptual plans and cost estimates, as well as performing Benefit -Cost Analyses using the FEMA BCA Toolkit. Linda Jo Place and Skyler Drive Drainage Improvement Analysis City of Fayetteville As part of the City of Fayetteville's efforts to solve local flooding concerns, the City contracted with FTN to evaluate an existing flood -prone area in the Middle Fork Hamestring Creek Watershed by performing analyses to determine the current drainage system's conveyance capabilities and to develop conceptual level drainage scenarios for reducing the flooding issues. FTN evaluated if existing bridge/culvert structures needed to be replaced and assisted the City with regulatory floodplain issues. As part of this analysis, FTN gathered existing sources of data, including topographic data and subsurface stormwater network data, and worked with City staff to obtain as -built data for the project area. FTN developed a 2D H&H model of the area analyzing both surface and sub -surface flow and drainage using PCSWMM, a program that links a 2D surface water model to EPA's widely -used SWMM (Storm Water Management Model). This model incorporated rain -on -grid hydrologic modeling - a potentially more accurate way to determine runoff from an area compared to conventional methods that average input parameters over an entire subwatershed. FTN examined several solutions to address existing and future drainage problems, including surface detention, bridge/ culvert structure replacements. and storm sewer capacity improvements. The detention scenario included retrofitting two existing ponds to become inline storage for the Middle Fork Hamestring Creek. Floodplains for the different alternatives modeled were compared. January 12, 2023 19 CITY OF FAYETTEVILLE I Watershed Design and Grant Management Services F01111MICHOLE Whittington Creek Detention Feasibility Analysis City of Hot Springs The City of Hot Springs has historically experienced significant flooding events in the downtown area. Stormwater from the National Park area upstream is routed through an old undersized tunnel system that runs beneath Historic Downtown Hot Springs, along Bathhouse Row. Two branches of the tunnel system collect flow from Hot Springs Creek and Whittington Creek before merging at the intersection of Central Avenue, Park Avenue, and Whittington Avenue. The City of Hot Springs partnered with FTN to explore the feasibility of constructing a detention pond upstream of the Whittington Creek entrance to the downtown tunnel system. This feasibility analysis was funded through an Advanced Assistance Grant administered by West Central Arkansas Planning and Development District (WCAPDD). FTN worked with survey and geotechnical subcontractors to acquire more detailed information regarding the project site. Survey data was used for model refinement and conceptual pond layout and grading. Geotechnical information provided estimates of maximum feasible depth of detention facilities. FTN developed a detailed hydrologic model to a point just downstream of the outfall of the tunnel system. This model allowed analysis of peak flow hydrographs at key confluences to determine where detention would be most effectively located and what effect the available volume of detention might have on reducing peak for the entire watershed, flows downstream. Based on the detailed topographic information and hydrologic model, FTN developed a 2D hydraulic model of the area, analyzing both surface and subsurface flow and drainage using PCSWMM. This model incorporated inflow hydrographs from the detailed hydrologic model for Whittington Creek, Hot Springs Creek, and several tributaries, that were then routed through the combined drainage model. FTN determined that, while not a complete solution to the flooding issues downtown, a detention pond could work together with other improvements to provide a level of relief. Also, FTN worked with the City and WCAPDD to prepare information required to submit for an HMGP construction grant for the project. PHASE II Development and Design of Innovative Hazard Mitigation Projects The FNI/FTN team of professionals collectively have decades of experience taking conceptual flood mitigation alternatives developed through H&H modeling, and turning them into effective, innovative, and constructible projects through high quality and thorough design work. Designs for drainage projects can be especially complex due to the need to adequately assess and account for many difficult to detect factors such as: location and alignment of underground utilities, soil types and rock formations that may be encountered, and groundwater depths and impacts. Additionally, drainage projects frequently involve wetlands and flood plain permitting requirements. Our team is thoroughly versed and seasoned in the methods and processes for minimizing the risk that any of these things will result in significant project delays or cost increases. In short, we have a track record of proven success in bringing ideas into reality to protect people and property from the hazards posed by severe flooding. Flood Management Design Flood management design often includes bridges, culverts, channels and other drainage infrastructure, such as lift stations. We have a wide variety of experience in these areas and understand the comprehensive approach required for a successful project. For bridges and culvert design, we begin with a hydraulic analysis to establish the basic parameters of the project and the improvements required to meet the design criteria. Our goal with every drainage project is to maintain no adverse impact, both upstream and downstream. We will evaluate downstream tailwater conditions, outlet velocities, and erosion/scour potential to determine the optimum solution for each location. Often times channel grading is required adjacent to the bridge/culvert crossing to transition to the natural channel section. January 12, 2023 20 CITY OF FAYETTEVILLE I Watershed Design and Grant Management Services rMINAICHOLSFREEE We also work closely with our roadway design team to understand the plan and profile constraints of the roadway and to develop a comprehensive project that meets the City's objectives. Storm Drain Design Our team has extensive experience with studying existing storm drain systems and providing solutions to reducing flooding in high risk areas. Typically improvements require increasing the capacity of the main lines while minimizing other utility relocations. We know how to work within confined urban settings and will use our prior experience to efficiently place main truck lines, laterals and inlets to minimize conflicts. Additionally, our team has computational fluid dynamics (CFD) capabilities in-house and has recently used this technology to analyze the hydraulics of specific design features on projects. This capability is useful when analysis complex existing storm drain systems or systems that have been modified over their lifespan. Specific Project Examples Central Arlington Heights Drainage Improvements (Ashland/Western Construction Projects Fort Worth, Texas FNI provided design services for incremental underground detention improvements for two locations within Central Arlington Heights residential neighborhood. The Ashland Avenue project consisted of 300 LF of dual 12-foot-wide box culverts. The Western Avenue project was similar and included approximately 1,100 LF of box culverts for underground detention, ranging in size from dual 7-foot-wide box culverts to triple 10-foot-wide box culverts. It also included design of a surface detention pond, including landscaping amenities. Services provided include storm drain design, subsurface and surface detention design, construction documents, transportation design and traffic control, H&H modeling (InfoWorks SD and ICM), coordination of survey and geotechnical analysis, data collection, utility coordination and design, stakeholder meetings, cost estimating, bid phase services, construction phase services, project management and 3D renderings. Eastern Arlington Heights Drainage Improvements Fort Worth, Texas FNI was responsible for a holistic master plan for the watershed to fully assess necessary drainage improvements and subsequent box culvert designs. After developing an Innovyze ICM 2D model of the existing drainage system, FNI evaluated pipe and detention alternatives throughout the watershed. The team was able to leverage cost information from experience in adjacent watersheds to accurately estimate final construction cost from the early planning phases. After fast -tracking existing conditions and alternatives analysis, the design was developed quickly and consisted of 1,700 LF of 11-by-6-foot reinforced box culvert and several large special junction, inlet structures, and full utility and pavement replacement along congested residential streets. Upper PEC-4 Drainage Design and Improvements Denton, Texas FNI designed drainage improvements to alleviate flooding along the Stream PEC-4 open channel by designing a closed pipe system. FNI managed all design aspects to confirm the City's success factors were achieved. Improvements included approximately 2,700 LF of reinforced concrete box, 2,300 LF of waterline relocation and lowering, and 1,700 LF of sanitary sewer line relocation and adjustment, along with pavement repair. FNI also developed an XP-SWMM 2D model of the 100-acre project area, which following construction, will be used to develop a Letter of Map Revision (LOMR) to revise the floodplain and open up land for development. January 12, 2023 21 CITY OF FAYETTEVILLE I Watershed Design and Grant Management Services FININNICHOLE Lower Delaware Creek Improvements and Brockbank Channel Improvements Phase 2 City of Irving The Lower Delaware Creek and Brockbank Channel Phase 2 project was the third project from the Delaware Creek Watershed Drainage Master Plan to be implemented. These two projects come to a confluence near the downstream end of the full improvements contemplated for this watershed. The project improved the channel capacity to the 100-year design frequency using a variety of wall types and included several technical challenges. Brockbank Channel, within this project limit, is narrow with constraining easements and high banks over 15 feet above the proposed flowline. The hydraulics were reevaluated from the Master Plan using alternate methods in order to better represent the supercritical flow regime and minimize the footprint of the channel. It was decided to construct the shorter portions of the channel with modular blocks and the taller portions with concrete stem walls. A new 8-inch sewer was installed beneath a portion of the channel to replace a shallow sewer crossing of the existing channel and an access ramp was designed to allow access to the line. Lower Delaware Creek is a large channel approximately 60 feet in width. Due to limited easement on one side of the channel the original Master Plan was not viable without significant property disruption. FNI developed several alternative wall designs requiring different footprints, channel alignments, and property disruptions. To address requests from residents to minimize tree removal, FNI develop an innovative soil nail wall alternative for a portion of the channel that saved more than 60 trees. The soil nail walls on Lower Delaware Creek and stem walls on Brockbank Channel were designed to provide the same visual aesthetics as the modular blocks walls used throughout the remainder of the project limits. Several public meetings were held to discuss various iterations of the projects including structured round table discussions to allow all residents to voice their opinions on the designs. Upper Delaware Creek Improvements City of Irving The Upper Delaware Creek project is the fourth project from the Delaware Creek Watershed Drainage Master Plan to be implemented and is the most significant in scope. This project consists of improving the full project limits to a 100-year capacity by deepening the channel using modular block walls. The channel is crossed by several roadway bridges and pedestrian bridges which were special designed to span the entire channel and to have similar visual appearance to others in the area and across the city. Some portions of the channel are within congested corridors and FNI assisted the City in negotiating for the removal of private features in order to implement the project. FNI designed a 36- inch to 42-inch wastewater interceptor located beneath the channel in accordance with the wastewater master plan that will replace aging parallel lines located in resident's backyards. The interceptor design included several trenchless sections to clear roads and parks including a 340 foot bore beneath SH-183. Seventeen water and wastewater crossings were also designed by FNI to clear the deepened channels. FNI met with the City's Parks staff to present several options for improvements to a pond and spillway and gather consensus on the approach. Several unique elements were addressed to add aesthetic appeal and add park features that are compatible with the drainage infrastructure. Several public meetings were held throughout the design period to inform the public and gather feedback on the project. FNI also met with several property owners individually to coordinate the improvements on their property. January 12, 2023 22 CITY OF FAYETTEVILLE I Watershed Design and Grant Management Services 918111 FREESE INICHOLS ��2U 2023 2024Phase I Drainage Master Plan & Grant Writing Services ------ Modeling for overall DMP Identify and rank other conceptual alternatives ----I--I-I----I-I-I---- Final plan/report development --------I-- ---I---- Phase 2 Project Design Grant selection -------------- I -I ---- Grant Award --------------- ProjectI---- - ------I--------I-I- **NOTE: The schedule above assumes: 1) The City can quickly identify its top candidate for a grant application and already has some modeling work done that can be used to develop a mitigation alternative. 2) The project selected does not have complex permitting requirements, such as wetlands, environmental, floodplain or cultural resources. January 12, 2023 23 CITY OF FAYETTEVILLE I Watershed Design and Grant Management Services rMIN NICHO E Project Management Approach The goal of our team is to function as an extension of the City's organization to achieve the goals of the project. This means including the City on all critical decisions and, above all else, avoiding surprises through the course of completing the project. We achieve this through accessibility of our staff, responsiveness to City staff and by incorporating City comments into the project. Interaction and Coordination Our team recommends monthly meetings with the City's Project Manager and key members of the project team to discuss progress and any action items that need to be resolved. They are an effective tool to keep everyone informed, to brainstorm alternatives and keep the project moving forward. Most of our key team -members are Arkansas/ Oklahoma -based and are available to meet in person on short notice. This level of responsiveness is important to a collaborative and successful project. In addition to periodic meetings, email, online collaboration and phone calls, a monthly summary report will be submitted to the City. These reports employ a standard form on which we report tasks completed in the previous work cycle, upcoming tasks and anticipated work for the next month, project milestone delivery dates and an area to list any issues that need to be resolved/action items. • FNI will utilize our subconsultant, Bates and Associates, Inc. for survey work associated with the mapping of the existing drainage system. Task -Level Project Scheduling • The FNI/FTN team understands that in addition to high -quality work products, the City expects adherence to the project schedule. At the beginning of the project, we will provide a schedule to meet your needs and monitor it over time to track the actual progress of the work. FNI has a strong track record of meeting project schedules and is committed to delivering this project on time for Fayetteville. January 12, 2023 24 CITY OF FAYETTEVILLE I Watershed Design and Grant Management Services F111 NICHO E Project and Quality Management Plan The "D" in FNI's LEADS values stands for "Deliver Quality." This value is foundational to our company culture and informs our comprehensive approach to Project Management (PM) and Quality Management (QM). Multiple components work together to foster a culture of excellence and elevate our overall quality of service. This focus extends beyond a specific project and reinforces our efforts to build trusted -advisor relationships with our clients. q x- Contract Review Scope and fee refined to affirm client expectations. Notice to Proceed FNI's leadership is engaged and tuned in to client needs. Works Q closely with Project Manager to confirm delivery of a quality product. Deliverable Submitted to Client 1 Client Review Client reviews and provides comments. 1 FNI Response CA FNI team responds to client comments, verifying how each will be addressed. y • FNI Team ��; Kickoff Project team meets and reviews quality control (QC) and quality assurance (CIA) plans. Senior Advisor helps (4 to refine the overall plan, reviews project's technical aspects and assists in keeping project on course. FNI Team Internal Check x Team verifies all x QC comments are addressed. Deliverable Revised As Needed Ongoing PM Tasks Project Kickoff Client and FNI team discuss PM/ QM processes and firm commitment. FNI Project Manager develops client -driven, task -level schedule and communications and QC plans. FNI Team QC Review Experienced QC reviewers follow a system of checklists and use their expertise to review deliverables y 4r.... * $ Deliverable /Development C FNI and subconsultant deliverables are combined and recommend ( and reviewed by FNI \o any necessary revisions. • Managing schedule and budget • Adapting deliverables to address developing project requirements • Confirming team is meeting contract requirements and client expectations • Preparing client communications on: • Recent progress • Action items • Potential issues • Next steps • Schedule status Comments 019. Distributed Comments become part of QC checklist for next deliverable. Ak W On -Going Support LU FNI offers on -going client support services, including planning, design, funding assistance, construction management and environmental/ regulatory support, among others. Continuing Improvement Survey is sent to client to assess project performance and quality of service. Helps to identify paths of continuous improvement. Lessons learned are shared, and standards and processes updated accordingly. Protect Manager. FNI's Lead Technical Professionals (LTPs) and Technical Excellence Program (TEP) reinforce project quality and help identify opportunities for innovation. Return to Deliverable Development Quality Assurance E; FNI's QA reviewer periodically performs checks to verify quality and client service standards are met. i Firm owners lead internal review committees, keeping a close watch on resource allocations to meet client Deliver Final expectations. � Project January 12, 2023 25 CITY OF FAYETTEVILLE I Watershed Design and Grant Management Services F111 NICHO E Experience 25 years Education BS, Civil Engineering, Texas A&M University Registration Professional Engineer, AR #20841 Professional Affiliations American Society of Civil Engineers, Member American Water Works Association, Member Underground Construction Technology Association, Member Alan Hutson, PE, ENV SP Principal -in -Charge Alan Hutson is an FNI Vice President/Principal and the firm's Central Plains Division Manager. Alan has designed and/or managed more than $800 million in conveyance projects, including intake pump stations, stormwater pump stations, pipeline condition assessment, distribution piping systems and large transmission pipelines ranging from 24 to 108 inches. He is a leader in the development of the Envision program for sustainable infrastructure design practices. As Principal -in -Charge, Alan has the responsibility to execute contracts, verify competent staff are committed to the project and confirm the quality control plan is sufficient and being followed by the team. Clean Watershed Needs Survey Oklahoma Water Resources Board Principal - in -Charge I FNI conducted a hybrid survey for wastewater collection and treatment infrastructure that will fulfill the needs of the 2025 Oklahoma Comprehensive Water Plan and the congressionally mandated Clean Watersheds Needs Survey as determined by the EPA. Dam 3 Flood Control Improvements City of Sugar Land, TX Client Representative FNI performed a H&H analysis to determine improvements needed to meet TCEQ-mandated flood control improvements. FNI updated existing hydraulic models to capture changes to Oyster Creek system and developed two alternatives to improve Dam 3. Through coordination with the City of Sugar Land and the Gulf Coast Water Authority, FNI designed the improvements necessary to safely pass the Probable Maximum Flood. Chimneystone Drainage Improvements City of Sugar Land, TX Principal -in - Charge I FNI provided design implementation and cost estimation services for the construction of storm sewer improvements in the Austin Park subdivision. FNI also designing approximately 5,000 LF of new flood control channel along the eastern boundary of the subdivision from Austin Parkway to just south of Highway 6. Houston FEMA Disaster Program I City of Houston, TX I Project Team I FNI provided modeling, alternatives evaluation, preliminary and budget -level design of the City's FEMA flood mitigation proposal. FNI coordinated a team of ten engineering firms to develop wastewater collection and treatment system mitigation alternatives and preliminary designs for facilities across the east side service area. Over a nine - month period, the team developed system master plans, collection and wastewater treatment plant improvement plans, five preliminary engineering reports and additional engineering design to support six independent cost estimates. Flood Protection Improvements at Surface Water Treatment Plant and Lawson's Pump Station I City of Beaumont, TX I Principal -in -Charge I FNI provided design and construction phase services for flood protection improvements. The improvements will be broken into several projects to align with funding by FEMA or other sources. The projects include flood protection improvements at the SWTP electrical building, a chemical storage tank capacity expansion, chemical system improvements, enhanced flood protection at Lawson's Pump Station, a condition assessment of the Pine Street SWTP and Loeb Groundwater Facility, and project prioritization and technical support for FEMA funding assistance. NOT INCLUDED IN PAGE COUNT CITY OF FAYETTEVILLE I Watershed Design and Grant Management Services F111 NICHO E Experience 37 years Education MS, Financial Management, Naval Postgraduate School BS, Civil Engineering, Texas A&M University Registration Professional Engineer, AR #21485 *Experience prior to joining FNI Greg Simmons, PE, CFM Project Manager Greg Simmons' engineering and infrastructure management experience includes leading municipal and military organizations that operated and maintained building and infrastructure systems (roads, water/sewer and drainage), managing design and construction projects, and developing strategic asset management plans. In the course of his career, Greg has worked as a project manager, program manager and the developer and leader of the overall strategic plans for various facility/ infrastructure management organizations. Greg led the initiation and growth of the City of Fort Worth's Stormwater Management Program (SWMP) for 16 years, optimizing the $50 million in annual stormwater utility fee revenue for the maintenance and repair of the City's drainage system, expansion and rehabilitation of the system via revenue bond -funded capital projects, operation/maintenance/ expansion of the City's flood warning system, and review of private development projects for compliance with City drainage standards. Citywide Master Drainage Plan I City of El Reno, OK I Senior Advisor I FNI is providing a Citywide Master Drainage Plan which includes the H&H analysis of identified unstudied (FEMA Zone A) open channel streams within the city limits and ETJ. East 116th Street North and Mingo Drainage Study I City of Owasso, OK Senior Advisor I FNI is analyzing potential impacts of proposed excavation and the placement of fill along a portion of Ranch Creek and investigating detention alternatives to mitigate known flooding concerns for the ongoing roadway widening project of E. 116th Street North. Mitigation measures will be incorporated into the earthwork and hydraulic analysis for this project. Engineering Design Criteria and Green Stormwater Infrastructure Updates City of Norman, OK I Staff Team I FNI is updating the City's Engineering Design Criteria (EDC) and Standard Specifications and Construction Drawings for Streets, Storm Drainage, Water Lines and Sanitary Sewers (Standard Specifications). FNI is also adding Green Stormwater Infrastructure (GSI) Criteria with quality measures and development best management practices to meet City requirements while identifying any potential conflicts or revisions to other related code documents. 10-Year Stormwater Master Plan* I City of Fort Worth, TX I Executive Leader In 2016, 10 years after the initiation of the City's SWMP, the program went through an exhaustive review to assess the current state, identify the top drainage challenges, and develop a fully informed, well -prioritized road map to guide the next 10 years of operations. The process took almost two years from initiation to City Council adoption and involved robust stakeholder engagement, intensive benchmarking with similar municipal SWMPs, review of resource allocation compared to priorities, and the articulation and prioritization of 13 key strategic initiatives. Greg served as the overall leader of the initiative resulting in a plan was clear, relevant, and consistent with the broader goals of the community as a whole. Capital Improvement Program* I City of Fort Worth, TX I Executive Leader Supported by the issuance of $100 million in revenue bonds and $40-$50 million in pay-as-you-go funding, the SWMP's FY 21-25 CIP is the most aggressive investment in mitigating critical drainage hazards in the City's history. Using the prioritization tools, and a variety of ranking criteria, Greg oversaw the process of allocating capital resources amongst the various categories, consistent with priorities and project feasibility. NOT INCLUDED IN PAGE COUNT CITY OF FAYETTEVILLE I Watershed Design and Grant Management Services F111 NICHO E Experience 21 years Education BS, Hydrology and Water Resources, Tarleton State University Registration+ Professional Engineer, OK #31799 Certified Floodplain Manager #0608-04N Professional Affiliations American Society of Civil Engineers Environmental and Water Resources Institute - Dallas Chapter President Texas Floodplain Management Association Society of American Military Engineers `Currently not registered in AR Jim Keith, PE+ CFM Quality Control James (Jim) Keith is an FNI Principal with more than two decades of technical and managerial experience in water resources planning and design projects, including flood risk management, dam and levee evaluation, and flood warning systems. Experienced in project management, business development, and recognized as a subject matter expert in his field, Jim has a proven track record of listening to his clients and successfully delivering efficient solutions on complex projects. Farmers Branch Flood Risk Update I City of Farmers Branch I Senior Advisor FNI performed a detailed H&H analysis for the Farmers Branch Creek, which was completed in July 2018 and resulted in a CIP plan that included both flood risk reduction and erosion control projects. Shortly after the study's completion, multiple channel dam failures were reported along Farmers Branch Creek. FNI performed an emergency risk assessment and provided short-term stabilization solutions to mitigate erosion -related risks. The City is pursuing long-term integrated solutions with the altered hydraulic conditions. As part of this effort, FNI performed a reevaluation of flood risks along this segment of Farmers Branch Creek. Regional Flood Studies - Central Region I Texas General Land Office I Senior Advisor I FNI lead a four-year, $25-million flood planning effort to assist 20 Hurricane Harvey —impacted counties and municipalities in the Brazos River, San Jacinto River and Galveston Bay areas (referred to as the Central Region). FNI identified and funding options for flood risk reduction strategies and mitigation projects that may reduce disaster suffering and increase community resiliency. Lower Clear Creek and Dickinson Bayou Watershed Study I City of League City I Assistant Project Manager I FNI lead a comprehensive flood mitigation plan for the Lower Clear Creek and Dickinson Bayou Watersheds to mitigate widespread flooding. The study focused on improving each channel's main channel conveyance by channel improvement, large regional detention and/or bypass channels (potentially including large tunnels). Standard Operations and Risk MAP Production I Federal Emergency Management Agency I Senior Advisor I As a member of the Advancing Resiliency in Communities team, FNI provided production and technical services in support of FEMA's Risk Mapping, Assessment and Planning (MAP) Program. Services included generating and evaluating flood hazard and risk information and support for the development and implementation of mitigation, planning, flood mapping and modeling activities for Zone 1 for FEMA's Risk MAP Program. Environmental Services I Coastal Protection and Restoration Authority, LA I Senior Advisor I FNI provided H&H modeling to improve emergency response and post -disaster recovery through Dynamic Flood Inundation Mapping (DFIM) of compound flooding for the Coastal Protection and Restoration Authority (CPRA) of Louisiana. The updated model provides information on timing, duration and extent of flooding and includes provisions to address the uncertainties in flood inundation forecasting throughout the Lake Pontchartrain/Lake Maurepas watershed. NOT INCLUDED IN PAGE COUNT CITY OF FAYETTEVILLE I Watershed Design and Grant Management Services rMIN NICHO E Experience 12 years Education MA, Executive Development for the Public Sector, Ball State University MA, Adult and Community Education, Ball State University BS, Psychology/Disaster Management, Northwest Missouri State University Professional Affiliations Disaster Resilience Network —Board Member, 2018-Present National Emergency Management Association National Hazard Mitigation Association —Vice President, Board Member, 2019-Present Oklahoma Emergency Management Association Oklahoma Floodplain Management Association — Mitigation Vice Chair, 2019-Present *Experience prior to joining FNI Annie Vest Grant Services Annie Vest is a nationally known subject matter expert in the field of hazard mitigation and disaster risk reduction. Annie is the former State Hazard Mitigation Officer (SHMO) for Oklahoma. She has extensive, real -world experience in hazard mitigation, both pre- and post -disaster, and emergency management. During her time as SHMO, Annie was directly responsible for $130 million in HMA funds, and the review and approval of Local Hazard Mitigation Plans. In 2016, she received the FEMA Region VI Regional Administrators Award for her work on streamlining Hazard Mitigation and Hazard Mitigation Planning throughout the region. She conducted the FEMA G318 Local Hazard Mitigation Planning workshop throughout Oklahoma on several occasions. Annie was a key contributing member of the first formal FEMA Region VI Regional Advisory Council subcommittee for Mitigation Planning where she assisted in the development of streamlined planning tools now being used throughout FEMA Region VI. Annie is the Vice President of the National Hazard Mitigation Association. She currently serves as a Subject Matter Expert for the Department of Homeland Security CISA, Resilient Investment Planning and Development Working Group. Resilient Infrastructure HMGP Application* I Tulsa County I Grant Project Manager I Annie developed a $7.2 million HMGP Application, submitted for funding under FEMA DR-4575 and pending award. The scope of work includes raising Garnett Road from 91st St. to 101st including the portions of 101st St. that are below 1% (100-year) frequency storm water surface elevations. Application development included writing scope of work narratives, coordinating NEPA and NHPA clearance, coordinating Benefit Cost Analysis, and coordination with state Emergency Management and FEMA Region VI. Wilshire Road Project Scoping BRIC Application* I Oklahoma County I Grant Project Manager I Annie developed a $450,000 BRIC application for Project Scoping. Scope of work includes H&H Modeling and development of full plan sets, along with BCA and 404 permitting. FEMA HMGP Application: City of Hondo Master Drainage Plan I HMGP Application City of Hondo Water Storage Tank Project Scoping I HMGP Application 2022 City of Denton Community Rating System Support Wake Forest Dam Rehabilitation Benefit Cost Analysis I FY21 L-Pre-Disaster Mitigation Muskogee County Flood Mitigation Advance Assistance I HMGP Application* Oklahoma County Wilshire Road Flood Mitigation Project Scoping I FY21 BRIC Application* City of Tulsa Fulton Creek Urban Heat and Flood Resilience Project I FY21 BRIC Application* Tulsa County 101 st and Garnett Road Elevation I FY20 BRIC Application* City of Norman Vineyards Detention Pond I HMGP Application* NOT INCLUDED IN PAGE COUNT CITY OF FAYETTEVILLE I Watershed Design and Grant Management Services F111 NICHO E Experience 13 years Education MA, Interprofessional Human and Health Services Administration, The University of Oklahoma BS, Political Science, Oklahoma City University Registration ICS for Single Resources and Initial Action Incidents (ICS- 200) Incident Command Systems (ICS-100) National Incident Management Systems (NIMS), An Introduction (ICS- 700) National Response Framework, An Introduction (ICS-800) Professional Affiliations National Hazard Mitigation Association Oklahoma Emergency Management Association Oklahoma Floodplain Management Association *Experience prior to joining FNI Jonah Vasquez Grant Services Jonah Vasquez is a Hazard Mitigation/Disaster Planner in FNI's Oklahoma City office. He is experienced in coordinating with state, local, and federal entities for timely project delivery. With over a decade of project management experience, Jonah has helped manage several notable hazard mitigation planning projects for municipalities. These projects have included the Hazard Mitigation Plan Update for the City of Ponca City, in which the scope emphasized helping the jurisdiction gain additional points under the Community Rating System, and the Muscogee (Creek) Nation Hazard Mitigation Plan which took an innovative approach to identifying hazards and providing meaningful mitigation actions to help the tribal government that spans across 13 counties leverage funding for needed solutions. During these planning projects, Jonah helped facilitate stakeholder meetings, coordinated with internal and external partners for a comprehensive planning process, and ensured prompt planning project delivery to local jurisdictions that resulted in FEMA- approved and locally adopted Hazard Mitigation Plans. Clean Watershed Needs Survey i Oklahoma Water Resources Board i Staff Team I FNI is conducting a hybrid survey for wastewater collection and treatment infrastructure that will fulfill the needs of the 2025 Oklahoma Comprehensive Water Plan and the congressionally mandated Clean Watersheds Needs Survey as determined by the EPA. MAS 21-2 Discovery and MAS 21-5 Medicine Creek i Oklahoma Water Resources Board i Staff Team I FNI is providing professional engineering services for the Cooperating Technical Partner Program with FEMA to create and maintain up-to-date flood hazard data for the areas served by the Oklahoma Water Resources Board. Flood Plan I Oklahoma Water Resources Board I Staff Team I FNI is developing a Comprehensive State Flood Plan that will provide a platform that is updatable, lead to a more resilient Oklahoma, identify gaps and integrate with Comprehensive Water Plan where feasible Hazard Mitigation Plan I City of Stigler OK i Staff Team i FNI is updating the City's Hazard Mitigation Plan to meet the FEMA Local Mitigation Planning Policy Guide requirements to become eligible for FEMA Hazard Mitigation Assistance funds. Hazard Mitigation Grant Program Application and Grant Project Management* I City of Norman, OK I Grants Project Manager CIRB/Federally Funded- Grade, Drain, Surface, and Bridge* I Washington County, OK i Project Planner NOT INCLUDED IN PAGE COUNT CITY OF FAYETTEVILLE I Watershed Design and Grant Management Services F111 NICHO E Dane Schneider, PE+, ENV SP Grant Services (BCA) Dane Schneider is a Project Manager in FNI's Southeast Texas Stormwater Management Group. He has more than 30 years of industry experience in engineering, architecture and planning. His engineering career includes 17 years of managing the planning, design and construction of public works and land development projects. Dane served the City of Houston for 10 years as Program , rg Manager and Stormwater Engineering Lead responsible for the delivery of the City's adopted CIR Dane has extensive experience working with local, state and federal Experience agencies, including HCFCD, TxDOT, USACE, FEMA and METRO. 30 years TWDB FIF Application Support I Chambers County, TX I Project Manager Education I FNI successfully submitted a $6.2 million application for financial assistance to BS, Civil Engineering, the TWDB's FIF program. The funding is for a Category 1 flood protection planning University of Houston study of multiple HUC-10 watersheds across Chambers and Liberty Counties totaling BE, Environmental Design approximately 975 square miles of study area. in Architecture, Texas A&M TWBD FIF Flood Protection Planning Study I Chambers County,TX I Project University Manager I FNI is conducting a planning study of the watersheds within the study Registration+ area to identify existing flood hazards and perform flood mitigation planning that Professional Engineer, TX leads to the conceptual development of projects that reduce flood risk. The project #97426 represents a collaborative regional effort initiated by the County with participating Envision Sustainability political subdivisions, and has included communications with the City of Mont Professional #30398 Belvieu, Trinity Bay Conservation District (TBCD), the City of Liberty, the City of Professional Affiliations Dayton, and Liberty County Water Control and Improvement District No. 5. Institute for Sustainable TWDB FIF Application Support I Sabine River Authority of Texas I Project Infrastructure Manager I FNI providing services for the development of technical documentation Texas Floodplain in support of TWDB FIF Applications. Management Association CDBG-DR Applications* I Various I Harris County Team Lead I Dane served Bayou Preservation as the team lead for data collection, drainage/GIS analysis and cost estimating Association, Member to complete CDBG-DR applications for various post -Hurricane Harvey drainage improvement projects (totaling $200+ million) with priorities identified by Harris County. The projects included 18 different LMI communities— Beaumont Place, Castlewood, Cypress Creek Crossing and Estates, Dreamland Place, Fairgreen, High Meadows, Greensbrook, Kings Colony, Kingslake Forest, Parkway Mobile Home Park, Timberlake Estates, Western Homes, Clay Road Community Center, Holderrieth Road, Mercer Road, Evergreen Villas and St. Charles Place/Barrett Settlement. FEMA Hazard Mitigation Grant Program (HMGP) Applications* I Harris County I Team Lead I Served as the team lead for data collection, drainage analysis, cost estimating, and Benefit -Cost Analysis Tool to complete HMGP applications for various post -Hurricane Harvey drainage improvement projects with priority identified by Harris County. Projects included 30 different communities and eight different watersheds, including Buffalo Bayou, Cedar Bayou, Cypress Creek, Halls Bayou, San Jacinto River, Langham Creek, Greens Bayou, and Mayde Creek. `Currently not registered in AR *Experience prior to joining FNI NOT INCLUDED IN PAGE COUNT CITY OF FAYETTEVILLE I Watershed Design and Grant Management Services F111 NICHO E Experience 10 years Heather Rogers, PE+ Master Drainage Plan Heather Rogers is a water resources engineer experienced in performing stormwater modeling and analysis for a wide variety of projects. Her background includes H&H model development for detailed and base -level engineering FEMA floodplain studies and floodplain permitting, hydraulic design of federal and municipal dams, and drainage analysis for land development projects and wetlands. She has served as lead H&H engineer for multiple dam and floodplain study projects, in which she was responsible for delegating and scheduling tasks, developing technical processing and tools. Heather currently performs H&H analyses for flood impact assessments and dam design. Education Little Sandy Trail Creek Site 141 Georgia State Financing and Investment BS, Biological (Systems) Commission I H/H Engineer I FNI developed an alternatives analysis for the Engineering, North Carolina rehabilitation of Little Sandy Trail Creeks Dam Site 14 to meet Georgia Safe Dams Agricultural and Technical Program criteria. Heather evaluated conditions of an NRCS-owned earthen dam State University against NRCS and GSWCC hydraulic criteria. She developed hydrologic/hydraulic Registration+ models in SITES and HEC-HMS software with model data developed in ArcGIS software for existing conditions and proposed alternative configurations. Heather Professional Engineer, OK #31694 also developed deliverable report detailing H&H analysis methods and design alternatives. Professional Affiliations Society of Women Engineers WY 0029, Restoring Storage Capacity in Overholser Reservoir I City of (SWE), Member Oklahoma City, OK I H/H Engineer I FNI performed an evaluation of potential Association of State Dam strategies to restore lost capacity in Overholser Reservoir from sedimentation. The Safety Officials, Member project included a water resource evaluation to determine the increase in water supply yield from recovered storage, cost and water supply alternatives. The overall benefit of Overholser Reservoir (water supply and recreation) was compared to cost of the alternatives to restore capacity. Heather evaluated potential flood impacts of reservoir pool modifications using HEC-RAS 2D modeling method with rain -on - mesh application. She processed LiDAR, bathymetric survey of reservoir and HEC- RAS 1D cross-section profiles of adjacent river channel to develop digital elevation model (DEM) for 25 square mile project study area. Heather incorporated HEC-RAS 1D model of study area developed previously for flood forecasting by the USACE to develop stream inflow hydrographs from upstream dams. She utilized ArcGIS, HEC-GeoHMS, HEC-HMS, HEC-SSP and local stream gage data for model inputs and calibration, and she developed GIS-based automation tools for sizing and hydro - enforcing subsurface conduits into the terrain model. `Currently not registered in AR *Experience prior to joining FNI Statewide 2D BLE Flood Modeling* I Kansas Deptartment of Agriculture - Division of Water Resources I Project Engineer I For the Big Creek, Upper Marais Des Cygnes River, Upper and Lower Solomon River, Lower Smoky River, Upper Saline River Watersheds, Heather developed calibrated HEC-RAS 2D models with rain -on -mesh application for statewide BLE studies. The models ranged in size from 100 to 300 square miles and totaled totaled more than 2,000 square miles. She created model components using ArcGIS software with HEC-GeoRAS and GIS process automation tools for maximum efficiency; utilized HEC-SSP software, stream gage data and local regression equations for calibration; and developed refined floodplain boundaries from model outputs using ArcGIS and FEMA tools for digital map deliverables. NOT INCLUDED IN PAGE COUNT CITY OF FAYETTEVILLE I Watershed Design and Grant Management Services F111 NICHO E Experience 8 years Austin DUgger, PE+, CFM Master Drainage Plan Austin Dugger is a Stormwater Engineer with experience working on a variety of stormwater design projects. His experience includes bridge hydraulic and scour analysis, design of culvert extensions and replacements, preparation of stormwater masterplans, storm sewer analysis and design, detention pond design, stream stabilization and restoration, and preparation of O&M manuals for green stormwater infrastructure. He has experience preparing studies using a wide variety of software platforms, including HEC-HMS, HEC-RAS, EPA-SWMM, PC-SWMM and TUFLOW 2D rain -on -mesh analysis. He also has experience preparing plans, specifications and estimates for his designs. Education Citywide Master Drainage Plan I City of El Reno, OK I Project Manager I FNI BS, Civil Engineering, is providing a Citywide Master Drainage Plan which includes the H&H analysis of Oklahoma State University identified unstudied (FEMA Zone A) open channel streams within the city limits and Registration+ ETJ. Professional Engineer, OK Engineering Design Criteria and Green Stormwater Infrastructure Updates #32975 1 City of Norman, OK I Staff Team I FNI updated the City's Engineering Design Certified Floodplain Criteria (EDC) and Standard Specifications and Construction Drawings for Streets, Manager, Certified Storm Drainage, Water Lines and Sanitary Sewers (Standard Specifications). FNI also Floodplain Manager, #4050 added Green Stormwater Infrastructure (GSI) Criteria with quality measures and -21N appropriate development best management practices to meet City requirements Professional Affiliations while identifying any potential conflicts or other necessary revisions to related code. Texas Floodplain TO#2 4th and Kenosha Drainage Design I City of Tulsa, OK I Staff Team Management Association, I FNI performed detailed H&H analysis of existing drainage due to significant Member flooding in front of the Dennis R. Neill Equality Center. The proposed condition analysis provided three alternatives for increasing capacities and conveyance of the stormwater. Flood Plan I Oklahoma Water Resources Board I Staff Team I FNI developed a Comprehensive State Flood Plan that will provide a platform that is updatable, identify gaps and integrate with Comprehensive Water Plan where feasible, and lead to a more resilient Oklahoma. Vensel and Cooley Creek Master Drainage Plans I City of Tulsa, OK I Staff Team I FNI prepared a master drainage plan for the Cooley Creek and Vensel Creek basins within the City of Tulsa. Tasks included a collection of field surveys, H&H data development for existing and fully urbanized conditions, floodplain mapping, flood hazard analysis, stream erosion analysis, flood alternatives analysis, cost estimates, and preparation and submission of a Master Drainage Plan. West 14th Place to Arkansas River Southwest I City of Tulsa, OK I Staff Team FNI performed a detailed H&H analysis of the existing drainage near West 14th Place and South Elwood Avenue to better understand how the system performs. The analysis addressed drainage concerns, considered increased storm sewer pipes/ inlets, the potential of diverting flows to a new outfall location and provide up to three alternatives for increasing capacities and conveyance of stormwater at the intersection. FNI provide design and construction plans in the next phase once the preferred approach has been selected. Louisiana Watershed Initiative Modeling Contract - Region 2, Series I I Louisiana Department of Transportation and Development, LA I Staff Team 'Currently not registered in AR NOT INCLUDED IN PAGE COUNT CITY OF FAYETTEVILLE I Watershed Design and Grant Management Services F111 NICHO E Experience 11 years Education MS, Civil Engineering, Texas Tech University BS, Civil Engineering, Texas Tech University Registration+ Professional Engineer, TX #121614 Certified Floodplain Manager, #2416-13N Professional Affiliations Jeremy Dixon, PE+, CFM Master Drainage Plan Jeremy Dixon is a Project Engineer and Certified Floodplain Manager in FNI's North Texas Stormwater Management Group. He routinely performs H&H analysis and generates written reports for various stormwater projects. His experience also includes drainage studies, floodplain management and review of drainage studies for compliance with current design criteria. He is proficient in HEC-RAS, HEC-HMS, InfoWorks ICM, development of ArcGIS scripts and GIS applications for water resources. Louisiana Watershed Initiative Modeling Contract I Louisiana Department of Transportation and Development, LA I Task Leader I FNI developed large- scale H&H models to create a statewide watershed -based floodplain management program. The five-year, $18 million contract involved the development of calibrated 1D/2D HEC-RAS models for use in consequence and risk assessment. Region 2 is made up of nine HUC-8 watersheds covering approximately 9,500 square miles in the north central part of the state. Louisiana Watershed Initiative Modeling Contract - Region 2, Series I I Louisiana Department of Transportation and Development, LA I Task Leader Louisiana Watershed Initiative Region Two Modeling - Series Two I Louisiana Department of Transportation and Development, LA I Task Leader I FNI provided Louisiana Watershed Initiative (LWI) Series II Hydrologic and Hydraulic Modeling for Region Two HUC8s. Texas Floodplain FY21 Watershed Master Plan I City of Fayetteville, NC I Project Engineer Management Association, I FNI provided professional services for the City's watershed studies. Tasks Member included program support watershed management, survey management, proect Texas Floodplain prioritization, CRS evaluation, and road closure options. Jeremy provided significant Management Association, Member contributions to the CMSM in both the Primary Systems and Secondary Systems sections, as well as GIS Database sections. Jeremy conducted the Secondary System pilot study within Little Cross Creek, and performed quality reviews on consultant submittals for Secondary Systems 'Currently not registered in AR Central Arlington Heights Watershed Study Phase 4 1 City of Fort Worth, Transportation & Public Works, TX I Project Engineer I FNI investigated incremental drainage improvements for reducing flood risk in the Historic Central Arlington Heights neighborhood. FNI will perform 2D modeling using Infoworks ICM, perform a study for neighborhood implementation of rain gardens, conduct public meetings, and develop a phased capital improvement program. Farmers Branch Watershed Study I City of Farmers Branch, TX I Project Team FNI conducted a watershed study for an urbanized area that includes homes with lots that extend to centerline of the creek. FNI developed existing conditions H&H models for proposal capital improvements, including erosion control projects for 23 areas. NOT INCLUDED IN PAGE COUNT CITY OF FAYETTEVILLE I Watershed Design and Grant Management Services F111 NICHO E to sociates Ltd. Experience 20 years Education BS, Civil Engineering, University of Arkansas BA, Mathematics & Physics, University of the Ozarks Registration Professional Engineer, AR #12942 Certified Floodplain Manager, Arkansas, AR-06- 00128 Lee Beshoner, PE, CFM Master Drainage Plan Lee Beshoner has multiple years of experience in H&H analyses of complex open channel and urban stormwater environments, including engineering and modeling support for master drainage plans and improvements to drainage infrastructure, development of GIS related software, and preparation QA/QC procedures and documentation. Lee's project and technical experience includes extensive work with multiple methods of hydrologic analyses; 113imensional (113) and 2Dimensional (21D) hydraulic modeling; scenario -based stream evaluations to analyze the impacts of human development on floodplains; development and interaction with geospatial data; experience with complex spatial relationship queries and analyses using multiple GIS based software platforms; leading Independent Technical Reviews; and presenting, instructing, and/or leading various webinars, conferences, or meetings regarding floodplain related topics. Linda Jo and Skyler Place Urban Drainage Analysis I City of Fayetteville, AR I Project Manager I FTN assisted the City of Fayetteville in development of a 1D-2D H&H analysis, incorporating detailed terrain and subsurface storm sewer data using PC-SWMM to identify areas of concern and determine the current drainage system's conveyance capabilities. The result of the drainage analysis project led to the development of conceptual level drainage scenarios for reduction of flooding issues in the area. Hamestring Creek Watershed Drainage Analysis I City of Fayetteville, AR I Project Manager I FTN assisted the City of Fayetteville in development of updated 2D H&H analyses for the Upper Hamestring Creek watershed using HEC- RAS Rain -On -Grid methodology. This project incorporated detailed terrain, survey, and subsurface storm sewer data to determine the current drainage system's conveyance capabilities and analyze proposed drainage improvements throughout the watershed to reduce flooding issues in the area, if possible. Crossover Mini Storage Drainage Improvements I Crossover Mini Storage I Project Manager I FTN is assisting Crossover Mini Storage in obtaining a FEMA Letter of Map Revision (LOMR) by performing an updated H&H analysis for Flynn Creek. As part of this updated analysis, FTN evaluated local stormwater drainage along and through the property to size channel geometry improvements to reduce flooding and overtopping during rainfall events of frequent recurrence at the mini storage property. State of Arkansas Cooperating Technical Partners (AR CTP) I Arkansas Natural Resources Division (ANRD) I Flood Risk Project Manager I FTN, as technical contractor for the AR CTP, has completed or is in the process of completing updated H&H analyses (11D and 2D) in 26 HUC-8 watersheds and 3 counties, which equates to a total mapped area of 38,800 miz. As part of this project, FTN also gathers and processes topographic and survey data, performs large- and small- scale H&H analyses (11D and 21)), produces updated flood risk mapping, develops and works with spatial databases, completes Flood Risk Assessments on HUC8 or stream -based levels, and performs Independent Technical Reviews. NOT INCLUDED IN PAGE COUNT CITY OF FAYETTEVILLE I Watershed Design and Grant Management Services F111 NICHO E Mtn associates Ltd. Experience 18 years Education BS, Civil Engineering, University of Arkansas Registration Professional Engineer, AR #14253 Certified Floodplain Manager, Arkansas, AR-07- 00149 Kale Farmer, PE, CFM Master Drainage Plan Kale Farmer has years of experience in H&H engineering. His experience includes water resources modeling, site design (grading, water, sanitary sewer, and storm sewer design), utility construction, and project coordination, review and permitting at the community, state, and federal levels. He is experienced working with FEMA on floodplain mapping, the Map Modernization Program, Risk MAP, Flood Insurance Studies (FIS), and regulatory issues and requirements. Kale's experience extends to field reconnaissance, data collection, and GIS analysis for H&H studies, master drainage planning, flood plain mapping, and DFIRM database productions. City of Fayetteville Drainage Improvements and Floodplain Mapping I City of Fayetteville, AR I Project Engineer I FTN assisted the City of Fayetteville in evaluating an existing flood -prone area in the Middle Fork Hamestring Creek Watershed by developing a two-dimensional H&H model to determine the current drainage system's conveyance capabilities and to develop conceptual level drainage scenarios for reducing the flooding issues. FTN evaluated if existing bridge/culvert structures needed to be replaced and assisted the City with regulatory floodplain issues. City of Fayetteville Drainage Criteria Manual I City of Fayetteville, AR I Project Engineer I FTN assisted in revising the drainage manual for the City of Fayetteville, including floodplain requirements, changes in City code, addressing water quality, and providing design and construction guidance for 12 different Green Stormwater Practices for Low Impact Development (LID). City of Bentonville Master Drainage Analysisl City of Bentonville, AR I Project Manager I FTN assisted the City of Bentonville by performing an in-depth analysis of drainage issues in a portion of the downtown area. FTN reviewed the City Drainage Manual to identify areas needing improvement and evaluated the current stormwater system. FTN developed 2D overland flow models linked to a 1D subsurface storm sewer model to evaluate existing drainage conditions throughout older portions of the City and used PCSWMM to analyze both surface and subsurface flow with rain -on -grid runoff computation in support of identification and prioritization of drainage issues in downtown Bentonville. FTN is also assisting the City with grant applications by developing conceptual plans and cost estimates, as well as performing Benefit -Cost Analyses (BCA) using the FEMA BCA Toolkit. City of Rogers Master Drainage Plan I City of Rogers, AR I Project Engineer FTN assisted the City of Rogers in development of H&H Studies to update FEMA Flood Insurance Rate Maps. This project included development of GIS databases and mapping for 15 streams (over 29 stream miles) within the City. NOT INCLUDED IN PAGE COUNT CITY OF FAYETTEVILLE I Watershed Design and Grant Management Services F111 NICHO E Experience 7 years Education BS, Geoscience, Texas Christian University Robert Wood GIS Robert Wood is a GIS Analyst in FNI's Stormwater Engineering Group. His experience includes collecting, creating and managing spatial data, workspaces and geodatabases, as well as editing features and georeferencing to assist in mapping various factors associated with modeling existing and future systems. Robert is also experienced with LiDAR terrain building and incorporating new data into existing models. His software background includes ArcCatalog, ArcMap and LP360. Flood Risk Assessment Oklahoma Water Resources Board GIS Analyst FNI completed multiple projects to promote and develop flood control throughout the State. Services included analyses and development of flood hazard data, H&H modeling, floodplain mapping, flood risk products and flood risk outreach activities to identify areas at risk for flooding and aid in prioritizing future mitigation efforts. MAS 21-2 Discovery and MAS 21-5 Medicine Creek Oklahoma Water Resources Board GIS Analyst I FNI provided professional engineering services for the Cooperating Technical Partner Program with FEMA to create and maintain up-to-date flood hazard data for the areas served by the Oklahoma Water Resources Board. Flood Plan Oklahoma Water Resources Board GIS Analyst I FNI developed a Comprehensive State Flood Plan that will provide a platform that is updatable, lead to a more resilient Oklahoma, identify gaps and integrate with Comprehensive Water Plan where feasible. 2023 Region 5 Neches Regional Floodplain Group Neches Regional Flood Planning Group, TX GIS Analyst FNI supported the Region 5 Neches Flood Planning Group with the development of the 2023 Regional Flood Plan. The project includes the gathering and analysis of data, identification of existing and future flood risks, evaluation of floodplain management practices, and the recommendation of evaluations, strategies, and projects intended to reduce flood risk. Community Development Block Grant -Mitigation Engineering Services Lower Neches Valley Authority, TX GIS Analyst FNI provided engineering assistance to develop options for Community Development Block Grant Mitigation grant application. Canadian - Upper Red Regional Flood Plan Texas Water Development Board GIS Analyst FNI was responsible for developing the Regional Flood Plan for the Canadian - Upper Red Region (Region 1). The Texas State Flood Plan will be the first state-wide flood planning effort supported by the State and compromised of individual plans developed at the regional level. The Canadian - Upper Red Region encompasses 44 counties and more than 34,000 square miles in a diverse watershed of playas, urban systems, dry washes and rivers. Drainage Master Plan Phase 1 City of Waxahachie, TX GIS Analyst FNI developed a city-wide drainage master plan for the City to be implemented in phases. Phase 1 included inventory of the existing drainage system, delineation of watersheds based on new LiDAR topography, and identification of flood hazards and conceptual flood and erosion risk reduction projects using a HEC-RAS 2D Rain - on -Mesh analysis. Based on the results of the analysis, the City identified areas which required further detailed analysis in Phase 2 to develop a Stormwater Capital Improvement Program. NOT INCLUDED IN PAGE COUNT CITY OF FAYETTEVILLE I Watershed Design and Grant Management Services F111 NICHO E Experience 2 years Education BS, Geographic Information Science, University of Oklahoma Christian Capehart GIS Christian Capehart is a GIS Analyst experienced in GIS, remote sensing, geodesy, database management and data visulization. Christian is familiar with a variety of digital mapping products using various software platforms and will capture, analyze, create and manipulate databases to extract and compile the most up-to-date deliverables. Chisholm Creek Force Main Replacement (LS-3A) I City of Edmond, OK Staff Team FNI provided a preliminary study for 22,000 LF of the Chisholm Creek Force Main Replacement. The study included, hydraulic analysis, pipe size selection, power cost savings evaluation, environmental investigation, preliminary route analysis and selection, and construction cost estimates. The project also included 1,000 LF of the 22,000 LF to perform preliminary design, final design, bid, award and construction representation. CI-2342A US-259 I Oklahoma Department of Transportation I GIS Analyst FNI provided design services for grading, drainage, bridge and surfacing of US 259 from 6.25 miles north of the SH 3 junction, extending north 6.0 miles in McCurtain County. This project was separated into two Phases. Phase 1A included temporary traffic signals at three intersections; Phase 113 involved preliminary engineering of the US 259 corridor to determine the recommended roadway configuration. Phase 2 progressed based on the determination of the desired roadway section and included the full design with PS&E including roadway, traffic, bridge and environmental studies. Flood Plan Oklahoma Water Resources Board Staff Team FNI developed a Comprehensive State Flood Plan that will provide a platform that is updatable, identify gaps and integrate with Comprehensive Water Plan where feasible, and lead to a more resilient Oklahoma. Louisiana Watershed Initiative Modeling Contract - Region 2, Series I Louisiana Department of Transportation and Development, LA Staff Team Louisiana Watershed Initiative Region Two Modeling - Series Two Louisiana Department of Transportation and Development, LA Staff Team FNI provided Louisiana Watershed Initiative (LWI) Series II Hydrologic and Hydraulic Modeling for Region Two HUCS's. Canadian - Upper Red Regional Flood Plan Texas Water Development Board GIS Analyst FNI was responsible for developing the Regional Flood Plan for the Canadian - Upper Red Region (Region 1). The Texas State Flood Plan was the first state-wide flood planning effort supported by the State and compromised of individual plans developed at the regional level. The Canadian - Upper Red Region encompasses 44 counties and more than 34,000 square miles in a diverse watershed of playas, urban systems, dry washes and rivers. NOT INCLUDED IN PAGE COUNT CITY OF FAYETTEVILLE I Watershed Design and Grant Management Services F111 NICHO E to sociates Ltd. Experience 9 years Sam Pike Wray GiS Sam Pike Wray serves as FTN's Geospatial Analytics (GSA) Administrator, where she functions as FTN's technical resource, advisor, and consultant in all areas of information management, including GIS. At FTN, Sam has been essential in the development of semi- and fully automated data processing tools, the deployment of web mapping applications, and the implementation of interactive web -based dashboard applications. Prior to joining FTN, Sam organized and led data standardization endeavors, streamlined data collection and workflow processes, and created and updated enterprise -level data management systems for multiple organizations, including those in government and the nonprofit sector. Sam has been successful in laterally transferring her skills and abilities across many diverse fields, including utility infrastructure, environmental regulation, biological and ecological sciences, tourism and recreation, education, and public health. Education Sam's past projects include developing information management systems for BS, Environmental Science, infrastructure and utility data across Arkansas for parks, schools, colleges, utility University of Central companies, airports, and nonprofit organizations; categorizing and analyzing the Arkansas physical condition of infrastructure to make recommendations regarding capital MS, Biology, University of improvement funding expenditures for government agencies; providing justification Central Arkansas for grant applications, real estate purchases, and business development strategies; and overseeing the migration of data from flat files to geospatially enabled databases, including those in cloud -based systems. State of Arkansas Cooperating Technical Partners (AR CTP) I Arkansas Natural Resources Division (ANRD) I Geospatial Administrator I FTN, as technical contractor for the AR CTP, has completed or is in the process of completing updated H&H analyses (1D and 2D) in 26 HUC-8 watersheds and 3 counties, which equates to a total mapped area of 38,800 mil. As part of this project, FTN also gathers and processes topographic and survey data, performs large- and small- scale H&H analyses (1D and 2D), produces updated flood risk mapping, develops and works with spatial databases, completes Flood Risk Assessments on HUC8 or stream -based levels, and performs Independent Technical Reviews. State of Arkansas Cooperating Technical Partners (AR CTP) Van Buren County Flood Insurance Study I Van Buren County, AR I Geospatial Administrator I Ms. Wray developed a web mapping application for public review of changes to flood hazard area mapping within the County. The application was presented at a public meeting, was configured to be mobile -responsive, and could be accessed via QR code. The application was designed for use by the public ad libitum as they prepared comments, and County officials as they monitored the progress of this contract. Nonpoint Source Pollution Management Web Dashboard I Arkansas Department of Agriculture I Geospatial Administrator I Ms. Wray developed a web -based dashboard application to visualize and track changes in water quality after implementation of a Department of Agriculture program targeting nonpoint source pollution in Arkansas watersheds. The application is a tool to interactively compare baseline water quality data with data collected after the program began. The dashboard was designed as a management tool for Department of Agriculture staff to assess program effectiveness, and as a tool for public consumption. NOT INCLUDED IN PAGE COUNT CITY OF FAYETTEVILLE I Watershed Design and Grant Management Services F111 NICHO E iu. Experience 27 years Education MA, Geography, University of Arkansas BLA, Landscape Architecture, University of Arkansas Registration American Institute of Certified Planners #017667 Dawn Warrick, AICP Public Engagement Dawn Warrick is an Associate and Urban Planner in FNI's Urban Planning + Design Group with more than 27 years of municipal planning experience, including seven years as the City of Tulsa's Planning Director. She has served in senior planning roles for Louisville Metro Government in Kentucky and the City of Fayetteville, Arkansas, giving her an understanding of large urban cities, as well as smaller communities. Dawn has conducted and managed development review processes and supported elected and appointed officials as a subject matter expert. She is experienced in developing and implementing action -oriented, long-range plans using strategies that include updated land -use regulations, coordination of services and integration of planning priorities into capital improvement programs. Growth Management Policy I City of Choctaw, OK I Project Manager I FNI facilitated and supported the development of the City's growth management policy as recommended by the adopted Comprehensive Plan. The effort focused on balancing the municipality's fiscal responsibilities with the community's desired character. Dawn researched and developed presentation materials, facilitated two leadership workshops and provided recommendations for code, comprehensive plan, and process amendments to achieve the City's desired outcomes. Professional Affiliations Development Code Update I City of Las Cruces, NM I Assistant Project American Planning Manager I FNI updated the City's development code, including subdivision, zoning, Association, Member design, and sign regulations, and updated the City's zoning map and development Tulsa Bicycle Pedestrian manual. Dawn reviewed policy documents, supported stakeholder engagement Advisory Committee, efforts, drafted code sections and collaborated on the zoning map and other Member elements of the project. OU Tulsa Urban Design Engineering Design Criteria and Green Stormwater Infrastructure Updates Studio Advisory Board, I City of Norman, OK I Assistant Project Manager I FNI updated the City's Advisory Board Engineering Design Criteria (EDC) and Standard Specifications and Construction YMCA of Greater Tulsa, Drawings for Streets, Storm Drainage, Water Lines and Sanitary Sewers (Standard Member, Board of Directors Specifications). FNI is also adding Green Stormwater Infrastructure (GSI) Criteria with quality measures and appropriate development best management practices to meet City requirements while identifying any potential conflicts related code documents. She coordinated a diagnostic report and the updated EDC document and facilitated feedback from staff reviewers, stakeholder committees, and community members. Siloam Springs Comprehensive Plan I City of Siloam Springs, AR I Project Manager I FNI assisted with updating the City's 2030 Comprehensive Plan, Forward Siloam Springs. This plan guides future development so the City of Siloam Springs continues to grow as a vibrant, healthy, prosperous and resilient community. The approach is inclusive and focused on community involvement in order to create a comprehensive document that not only meets the needs of the Community Development Department, but also serves as a visionary, city-wide report that is embraced by the citizens. Dawn made sure this project was successful by serving as the client's key point of contact. She also drafted plan content, led public engagement efforts, developed, and presented material to the advisory committee and elected and appointed officials. She also managed the project website and all project communications. NOT INCLUDED IN PAGE COUNT CITY OF FAYETTEVILLE I Watershed Design and Grant Management Services F111 NICHO E Experience 18 years Education BS, Civil Engineering, The University of Texas at Arlington Master of Engineering, Civil Engineering, The University of Texas at Arlington Registration Professional Engineer, OK #28605 Professional Engineer, Arkansas - pending Jonathan Faughtenberry, PE+ Design Jonathan Faughtenberry has extensive experience in pipeline design, layout, scheduling, project coordination and management. Jonathan understands all aspects of engineering, design, operations and maintenance for pipeline and facilities projects. Jonathan has worked with municipal and private clients on water, natural gas, saltwater and freshwater gathering pipelines. His responsibilities have included various hydraulic calculations, such as pump curve and system curve analysis, hydraulic modeling, throttle calculations, site layout, grading plans, pipe sizing and design, cost analysis and alternatives, estimating and permitting. 5th Avenue CLOMR/LOMR I City of Owasso, OK I Design Engineer I FNI provided analysis of the potential impacts of proposed excavation and the placement of fill in a FEMA regulated Floodplain and Floodway. The analysis looked at alternatives for compensatory storage and grading options that will cause no rise in the Floodway and no adverse impacts within the 100-year floodplain. The alternatives will be options that prepare the City for the following FEMA steps which will include a CLOMR and a LOMR. Comanche Water/Wastewater Relocates I City of Comanche, OK I Project Manager I FNI provided services for the relocation of approximately 5,000 LF of 8-inch sanitary sewer and 3,350 LF of existing 4-inch water line to be relocated and upsized to 6-inch PVC waterline due to the widening of SH 53 by the Oklahoma Department of Transportation (ODOT) in the City of Comanche, OK. Services included detailed design, bidding services, and general construction representation. North Canadian Wastewater Treatment Plant Improvements I City of Oklahoma City, OK I Design Engineer I FNI provided design services for multiple upgrades and improvements to the North Canadian Wastewater Treatment Plant. Services included preliminary engineering reports for multiple WWTP processes, structural condition assessment/investigation, electrical system evaluation, and upgrade and maintenance of plant operation during construction. Sanford -Triangle Innovation Point Water and Sewer Improvements (Project Blue) I City of Sanford, NC I Design Engineer I FNI provided preliminary and final design services and bidding and construction assistance for additional water and sewer capacity needed to adequately serve an anticipated incoming industry at Triangle Innovation Point (formerly known as the Moncure Megasite). Finished Water Storage Facilities Assessment, Maintenance and Improvements I City of Tulsa, OK I Project Manager I FNI provided professional engineering services for the evaluation, design and construction of improvements to three finished water storage facilities. FNI assisted the City with the evaluation of the current condition of finished water storage tanks within the water distribution system and preparing a Preliminary Engineering Report (PER) documenting the condition of the tanks and sites, and providing recommendations for improvements. West Irving Creek Study I City of Irving, TX I Design Engineer I FNI prepareding a preliminary feasibility study to investigate the hydrology and hydraulics of the channel and prepare for the design of channel improvements. The City is making drainage improvements to reduce the flood risk within the watershed due to a history of flooding problems. NOT INCLUDED IN PAGE COUNT CITY OF FAYETTEVILLE I Watershed Design and Grant Management Services F111 NICHO E Experience Justin Oswald, PE+, CFM Design Justin Oswald is skilled in modeling and design of drainage improvements. His ability to perform specialized analysis and complex design allows him to manage all phases of large-scale drainage projects. He has a wide range of experience including: riverine watershed modeling, dynamic storm drain modeling, detention analysis and design, large-scale storm drain and channel design, and design of innovative drainage solutions. Justin also specializes in providing development review services and advises clients on development standards and best practices. He is proficient in InfoWorks ICM, HEC-RAS, HEC-HMS, ArcGIS and Autocad. 15 years Stewart Creek H&H Watershed Study City of Frisco, TX Project Engineer Education FNI conducted a detailed hydraulic study of Stewart Creek and all tributaries. Tasks BS, Civil Engineering, Texas included data collection, field visits, field survey, hydraulic modeling and summary Tech University report preparation. Registration+ Central Arlington Heights Watershed Study Fort Worth Water Project Professional Engineer, TX Engineer FNi provided a study of flood control improvement alternatives for #113171 the Central Arlington Heights Watershed in Fort Worth. Converted previous H&H Certified Floodplain models that FNI developed in EPA-SWMM to InfoWorks SD. Hydraulic models were Manager, #2013-10N developed for improvement alternatives for the watershed. Professional Affiliations Dillard Wetland Restoration City of New Orleans, LA QA/QC FNI designed Texas Floodplain stormwater diversion features, new weirs and water control devices, wetlands and Management Association, bioswales, a vegetation management and control plan, and boardwalks through the Member forest. FNI also performed a comprehensive H&H study, extensive flood modeling simulations within the Dillard Wetlands and adjacent communities, and triple bottom -line cost -benefit analysis to inform City, community and project teams regarding the formulation of green infrastructure and stormwater management installation/improvements features and locations. `Currently not registered in AR PEC-4 Drainage Improvements City of Denton, TX Project Manager FNI provided design and construction services of 1,600 LF of box culvert improvements, including utility relocations and pavement repair. The project converted an aging, undersized concrete channel in downtown Denton to a closed system to provide 100-year flood protection for the neighboring homes and businesses. The project included field survey, geotechnical investigations, an individual 404 permit and crossing of two TxDOT roadways. Justin was the project manager for Phases 3 and 4. Harley Avenue Realignment and Drainage Design I City of Fort Worth, TX Project Engineer I Realignment of Harley Avenue to allow development around the Will Rogers Memorial Center, including the possible future Will Rogers Arena. Evaluated a series of alternatives routing a large upstream drainage area through the project, while considering downstream ecological impacts to the Fort Worth Botanic Gardens. NOT INCLUDED IN PAGE COUNT CITY OF FAYETTEVILLE I Watershed Design and Grant Management Services F111 NICHO E Experience 3 years Education BS, Civil Engineering, Oklahoma State University Registration Engineering Intern, OK #16468 Jonathan HargeS, El Design Jonathan Harges is an Engineering Intern with experience in water and wastewater transmission utilities, treated water storage and stormwater modeling. His project experience includes line relocations, system redesign, trunkline and interconnect improvements and floodplain mapping. Jonathan has supported these projects throughout the inspection of existing systems and structures and led in the subsequent designs. He has worked closely with clients and contractors to facilitate owner's satisfaction and sustainable products in the design and construction processes. Jonathan is experienced with AutoCAD Civil 3D, GIS, and HEC-RAS modeling. 2017 Ad Valorem Streets - Phase 2 1 City of Lawton, OK I Engineering Support I FNI reconstructed 12 roadways within the City of Lawton, including utility investigation and minor storm sewer adjustments with construction to be handled through full street closures. 33rd Street Water Line I City of Edmond, OK I Engineering Support I FNI provided preliminary and final design for approximately 19,050 LF of 24- and 18-inch water transmission line along 33rd Street from east of South Broadway to the west side of IH 35 to an existing 24-inch transmission line along IH 35. Kaw Lake Water Supply Salt Fork Pipeline Segment I City of Enid, OK I Design Review I The Kaw Lake Water Supply pipeline included design and construction of approximately 70 miles of new 36- and 30-inch raw water transmission line. To facilitate efficient design and construction, the 70-mile alignment is broken into eight projects from Enid to Kaw Lake. FNI is designing the Salt Fork Pipeline Segment which includes a 30-inch diameter pipeline and is approximately 9.5 miles long. North Canadian Wastewater Treatment Plant Improvements I City of Oklahoma City, OK I Engineering Support I FNI provided design services for multiple upgrades and improvements to the North Canadian Wastewater Treatment Plant. Services include preliminary engineering reports for multiple WWTP processes, structural condition assessment/investigation, electrical system evaluation, and upgrade and maintenance of plant operation during construction. Non -Arterial Street Rehabilitation - MZ 8102 1 City of Tulsa, OK I Engineering Support I FNI provided the design of Non -Arterial Street Rehabilitation Maintenance Zone 8102 consisting of pavement rehabilitation including cold milling and overlay of the existing pavement surface, leaving the existing curb and gutter in place. It was anticipated that ADA ramps will be evaluated along 71st Street and Sheridan Road for potential replacement. Pawnee, KS Watershed Plans I Natural Resources Conservation Service I Cost Estimator I As a subconsultant, FNI provided professional services for the National Resources Conservation Service watershed plans for two sub -watersheds within the Pawnee, Kansas watershed. The project included engineering, economic, and environmental evaluation of nine potential new dam sites. Finished Water Storage Facilities Assessment, Maintenance and Improvements I City of Tulsa, OK I Engineering Support I FNI provided professional engineering services for the evaluation, design and construction of improvements to three finished water storage facilities. FNI assisted the City with evaluating the current condition of finished water storage tanks. NOT INCLUDED IN PAGE COUNT CITY OF FAYETTEVILLE I Watershed Design and Grant Management Services IrMIN NICHO E City of Fayetteville RFQ 22-14, Watershed Design & Grant Management Services SECTION B: Vendor References The following information is required from all firms so all statements of qualification may be reviewed and properly evaluated COMPANY NAME: Freese and Nichols, Inc. Fort Worth, TX - 129 years NUMBER OF YEARS IN BUSINESS: 129 HOW LONG IN PRESENT LOCATION: Oklahoma-7years Arkansas - 1 year TOTAL NUMBER OF CURRENT EMPLOYEES: 950 FULLTIME 65 PARTTIME NUMBER OF EMPLOYEES PLANNED FOR THIS CONTRACT: 50 FULLTIME 2 PARTTIME PLEASE LIST FOUR (4) REFERENCES THAT YOU HAVE PREVIOUSLY PERFORMED CONTRACT SERVICES FOR WITHIN THE PAST FIVE (5) YEARS (All fields must be completed): 1. City of Rogers. Arkansas (Rogers Water Utilities) COMPANY NAME Rogers, Arkansas 72756 CITY, STATE, ZIP Brian Sartain, PE CONTACT PERSON 479-621-1142 TELEPHONE NA FAX NUMBER briansartain@rwu.org E-MAIL ADDRESS 3. City of Siloam Spring, Arkansas COMPANY NAME Siloam Springs, Arkansas 72761 CITY, STATE, ZIP Don Clark CONTACT PERSON 479-373-6444 TELEPHONE NA FAX NUMBER dclark@siloamsprings.com E-MAIL ADDRESS City of Fayetteville, AR RFQ 22-14, Watershed Design & Grant Management Services Page 11 of 17 2. City of Norman, Oklahoma COMPANY NAME Norman, Oklahoma 73069 CITY, STATE, ZIP Shawn O'Leary, PE, CFM CONTACT PERSON 405-366-5453 TELEPHONE 405-366-5389 FAX NUMBER shawn.oleary@normanok.gov E-MAILADDRESS 4. City of Edmond, Oklahoma COMPANY NAME Edmond, Oklahoma 73083 CITY, STATE, ZIP Steve Lawrence, PE CONTACT PERSON 405-359-4798 TELEPHONE N/A FAX NUMBER steve.lawrence@edmondok.com E-MAIL ADDRESS NOT INCLUDED IN PAGE COUNT CITY OF FAYETTEVILLE I Watershed Design and Grant Management Services WINNICHO E City of Fayetteville RFQ 22-14, Watershed Design & Grant Management Services SECTION D: Signature Submittal 1. DISCLOSURE INFORMATION Proposer must disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. Proposer response must disclose if a known relationship exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official. If, to your knowledge, no relationship exists, this should also be stated in your response. Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result of your response. This form must be completed and returned in order for your bid/proposal to be eligible for consideration. PLEASE CHECK ONE OF THE FOLLOWING TWO OPTIONS, AS IT APPROPRIATELY APPLIES TO YOUR FIRM: ✓ 1) NO KNOWN RELATIONSHIP EXISTS 2) RELATIONSHIP EXISTS (Please explain): I certify that; as an officer of this organization, or per the attached letter of authorization, am duly authorized to certify the information provided herein are accurate and true; and my organization shall comply with all State and Federal Equal Opportunity and Non -Discrimination requirements and conditions of employment. Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently boycott Israel and will not boycott Israel during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing. 2. PRIMARY CONTACT INFORMATION At the discretion of the City, one or more firms may be asked for more detailed information before final ranking of the firms, which may also include oral interviews. NOTE: Each Proposer shall submit to the City a primary contact name, e-mail address, and phone number (preferably a cell phone number) where the City selection committee can call for clarification or interview via telephone. Name of Firm: Freese and Nichols, Inc. Primary Contact: Greg Simmons, PE, CFM Title of Primary Contact: Project Manager Phone#1 (cell preferred): 817-271-9853 (cell) Phone#2: 479-434-1160 (office) E-Mail Address: gregory.simmons@freese.com Tax ID #: 75-1531935 UEI #: KKJCTMJ3HZJ4 City of Fayetteville, AR RFQ 22-14, Watershed Design & Grant Management Services Page 16 of 17 NOT INCLUDED IN PAGE COUNT CITY OF FAYETTEVILLE I Watershed Design and Grant Management Services F111 NICHO E 3. ACKNOWLEDGEMENT OF ADDENDA Acknowledge receipt of addenda for this invitation to bid, request for proposal, or request for qualification by signing and dating below. All addendums are hereby made a part of the bid or RFP documents to the same extent as though it were originally included therein. Proposers/Bidders should indicate their receipt of same in the appropriate blank listed herein. Failure to do so may subject Contractor to disqualification. ADDENDUM NO. SIGNATURE AND PRINTED NAME DATE ACKNOWLEDGED 1 ,_ c </ Alan Hutson, PE, ENV SP January 12, 2023 4. DEBARMENT CERTIFICATION: As an interested party on this project, you are required to provide debarment/suspension certification indicating in compliance with the below Federal Executive Order. Certification can be done by completing and signing this form. Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving individual awards, using federal funds, and all sub -recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. Signature certifies that neither you nor your principal is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. Questions regarding this form should be directed to the City of Fayetteville Purchasing Division. NAME OF COMPANY: Freese and Nichols, Inc. PHYSICAL ADDRESS: 5001 W. Founders Way, Suite 100, Rogers, Arkansas 72758 MAILING ADDRESS: 5001 W. Founders Way, Suite 100, Rogers, Arkansas 72758 PRINTED NAME: Alan Hutson, PE, ENV SP PHONE: 479-434-1160 FAX: N/A E-MAIL: alan.hutson@freese.com Signed by: SIGNATURE: h C` PRINTED NAME : Alan Hutson, PE, ENV SP TITLE: Vice President/Principal DATE: January 12, 2023 City of Fayetteville, AR RFQ 22-14, Watershed Design & Grant Management Services Page 17 of 17 NOT INCLUDED IN PAGE COUNT FREEAND-02 HL(JK[J CERTIFICATE OF LIABILITY INSURANCE DAT D/YYYY) 5/15/215/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Ames & Gough PHONE 8300 Greensboro Drive (A/C, No, Ext): (703) 827-2277 (/C, No):(703) 827-2279 Suite 980 nI DRESS: admin@amesgough.com McLean, VA22102 _,_,_y INSURED Freese and Nichols, Inc. 801 Cherry Street, Suite 2800 Fort Worth, TX 76102 INSURER F : Hartford Underwriters Insurance Company A+ (XI Hartford Casualty Insurance Company A+ (XV) Hartford Accident and Indemnity Company A+ (XI Continental Casualtv Comoanv (CNA) A. XV rr))/FRAr_PR rFRTIFICATF NIIMRFR• RF)/ICIr)M MIIMRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER LTR INSD WVD POLICY EFF POLICY EXP LIMITS MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE FX OCCUR 42UUNOL5238 10/23/2022 10/23/2023 DAMMI ETORENTED PREMISES R occurrence 1,000,000 $ $ 10,000 X Contractual Liab. MED EXP (Any one erson $ 1,000,000 PERSONAL & ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE POLICY 7 jE �X LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) _ 1,000,000 $ X ANY AUTO 42UENOL5558 10/23/2022 10/23/2023 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ AUTOS ONLY AUUTOS ONLY PROPERTYDAMAGE Per accident $ B X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,000 EXCESS LIAB CLAIMS -MADE 42 XHU OL 5836 10/23/2022 10/23/2023 AGGREGATE $ 10,000,000 $ DED X RETENTION $ 10,000 C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY OFFICER/MEMBER/ EXCLUDED? ECUTIVE (Mandatory in NH) (Mdt 42W BO L6H3F N / A 10/23/2022 10/23/2023 X PER OTH- STATUTE ER E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE 1,000,000 $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1,000,000 $ D Professional Liab. AEHOO8214422 10/23/2022 10/23/2023 Per Claim 5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) PROFESSIONAL LIABILITY AGGREGATE LIMIT: $10,000,000 RE: COF Design and Grant Management Project Hamestring Creek Watershed Flood Mitigation and Grant Support — Fayetteville, Washington County, Arkansas The City of Fayetteville, AR is included as Additional Insured with respect to General Liability, Auto Liability, and Umbrella Liability when required by written contract. General Liability, Auto Liability and Umbrella Liability are primary and non-contributory over any existing insurance and limited to liability arising out SEE ATTACHED ACORD 101 rFRTIFIrATF Hr)I nF:p rAkirm I ATIr)KI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Fayetteville, AR Y Y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 113 West Mountain Street Fayetteville, AR 72701 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD KGODWIN / 1 ACORO AGENCY CUSTOMER ID: FREEAND-02 LOC #: 1 ADDITIONAL REMARKS SCHEDULE AGENCY NAMED INSURED Ames & Gough Freese0er d StrNichols, et, Su to 2800 POLICY NUMBER Fort Wort, TX 76102 SEE PAGE 1 CARRIER NAIC CODE SEE PAGE 1 SEE P 1 EFFECTIVE DATE: SEE PAGE 1 kDDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Page 1 of 1 Description of Operations/Locations/Vehicles: of the operations of the named insured and when required by written contract. General Liability, Auto Liability, Umbrella Liability and Workers Compensation policies include a Waiver of Subrogation in favor of the Additional Insured where permissible by state law and when required by written contract. 30-day Notice of Cancellation will be issued for the General Liability, Auto Liability, Umbrella Liability, Workers Compensation and Professional Liability policies in accordance with policy terms and conditions. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD