HomeMy WebLinkAbout267-24 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 267-24
File Number: 2024-616
STEELWORX INDUSTRIAL GROUP, LLC. (SERVICE CONTRACT):
A RESOLUTION TO AWARD BID #24-39 AND AUTHORIZE A CONTRACT WITH STEELWORX
INDUSTRIAL GROUP, LLC, IN THE AMOUNT OF $554,956.00 FOR THE CONSTRUCTION OF THE
ELMHURST AND MCCLINTON PHASE I DRAINAGE IMPROVEMENTS PROJECT, TO APPROVE A
PROJECT CONTINGENCY IN THE AMOUNT OF $60,000.00, AND TO APPROVE A BUDGET ADJUSTMENT —
2019 DRAINAGE BOND PROGRAM
WHEREAS, the Elmhurst and McClinton Phase I Drainage Improvements Project, consisting of upstream detention
and water quality improvements to help alleviate flooding in the area of East Fairlane Street, South Elmhurst Avenue
and East McClinton Street, was identified as a priority project by the City Council after the April 2017 flooding event;
and
WHEREAS, the improvements associated with Phase I will include the construction of a detention basin located near
the intersection of South Mashburn Avenue and East Martin Luther King Jr. Boulevard, as well as proposed water
quality improvements including a bioswale and plantings within the basin itself and within a downstream channel; and
WHEREAS, Beaver Water District also has planned low impact development improvements within the apartment
complex immediately south of the proposed detention; and
WHEREAS, combined, these improvements should reduce the amount and velocity of flow to the downstream
properties as well as improve water quality.
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 awards Bid #24-39 and authorizes Mayor
Jordan to sign a contract with Steelworx Industrial Group, LLC in the amount of $554,956.00 for the construction of
the Elmhurst and McClinton Phase I Drainage Improvements Project, and further approves a project contingency in the
amount of $60,000.00.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of
which is attached to this Resolution.
PASSED and APPROVED on November 7, 2024
Page 1
Resolution: 267-24
File Number: 2024-616
Approved:
Page 2
Attest:
,��t�rrrrr►rrr
FAYETTEVILLE ; x
Office of the City Clerk Treasurer
Kara Paxton — City Clerk Treasurer
Jackson Shelton — Senior Deputy City Clerk
OF 4AYETTF
1 i
0
µM ..
4 RKAN SPS
113 W. Mountain Street, Suite 308
Fayetteville, Arkansas 72701
Phone: 479.575.8323
cityclerk@fayetteville-ar.gov
Departmental Correspondence
To: Lioneld Jordan, Mayor
From: Kara Paxton, City Clerk Treasurer'��G
CC: City Attorney Kit Williams, Senior Assistant Blake Pennington, Chief of Staff Susan Norton &
Chief Financial Officer Paul Becker
Date: November 8, 2024
RE: City Clerk Treasurer Kara Paxton — Out of Office due to Medical Procedure
Mayor Lioneld Jordan,
Due to a medical procedure, I will be unavailable to sign documents or attend meetings starting
November 11th, 2024. 1 plan to be back in the office as of November 25th, 2024. Senior Deputy City
Clerk Treasurer Jackson Shelton or Deputy City Clerk — Codifier Courtney Spohn will notify you
should these dates change.
The recommended recovery time for my medical procedure (Spinal Cord Stimulator Implant) ranges
from 4 to 8 weeks. The surgeon stated that I must be off work for at least one week. The surgeon also
encouraged me to utilize telework options in the weeks following the initial surgery week. He also
stated that should I need to physically come to work, I need to park as close to the building as
possible, no lifting/carrying heavy or large objects, and no sudden twisting or turning.
In my absence, I authorize Senior Deputy City Clerk Treasurer Jackson Shelton to attest your (Mayor
Lioneld Jordan) signature. Should an issue arise that Mr. Shelton is not available to sign within a 24-
hour timeframe, I authorize Deputy City Clerk — Codifier Courtney Spohn to sign in our absence.
As the official custodian of the City's seal, I authorize Mr. Shelton and Ms. Spohn to use the seal for
official purposes only.
Please direct city staff to route all Alcohol Permits to Mr. Shelton for review and electronic signature.
Please notify the Accounting Department that check requests will be reviewed and signed by Ms.
Spohn before being emailed to the Accounting Department. Ms. Spohn will also be responsible for
approving purchase requests submitted November 11th — November 15th, 2024.
Mr. Shelton and Ms. Spohn will go above and beyond to ensure that our office continues to support
all our internal and external customers while I am out of office. Over the last 3 years Ms. Spohn has
continuously demonstrated her professionalism and advanced skillset in her positions. Mr. Shelton
has been with our office for almost 2 years now and has consistently impressed me by going above
and beyond in his work duties. I am confident that Mr. Shelton and Ms. Spohn will successfully
manage the office while I am out.
M/10
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF NOVEMBER 7, 2024
CITY COUNCIL MEMO
2024-616
TO: Mayor Jordan and City Council
THRU: Chris Brown, Public Works Director
FROM: Alan Pugh, Staff Engineer
SUBJECT: Approval of a contract in the amount of $554,956.00 with Steelworx Industrial Group,
LLC. for the construction of the Elmhurst and McClinton Phase I Drainage
Improvements Project, approval of a project contingency of $60,000 (11%), and
approval of a budget adjustment.
RECOMMENDATION:
Staff recommends approval of a contract in the amount of $554,956.00 with Steelworx Industrial Group, LLC.
for the construction of the Elmhurst and McClinton Phase I Drainage Improvements Project, approval of a
project contingency of $60,000 (11%), and approval of a budget adjustment.
BACKGROUND:
This project will consist of upstream detention and water quality improvements in order to help alleviate
flooding In the area of E Fairlane St, S Elmhurst Ave and E McClinton St. This project was identified as a
priority project by the City Council after the April 2017 flooding event.
DISCUSSION:
This project has been identified as one of the projects to be funded by the 2019 Drainage Bond Program to
help alleviate the flooding of multiple structures within the drainage basin. The improvements associated with
Phase I will include the construction of a detention basin located near the intersection of S Mashburn Ave and
E Martin Luther King Jr BLVD. The detention area will also include proposed water quality improvements
including a bioswale and plantings within the basin itself and within a downstream channel. Lastly, Beaver
Water District also has planned low impact development improvements within the apartment complex
immediately south of the proposed detention. Combined, these improvements should reduce the amount and
velocity of flow to the downstream properties as well as improve water quality. While the phase I improvements
alone will not completely resolve the flooding issues, they should improve the situation until Phase II can be
constructed.
BUDGET/STAFF IMPACT:
The drainage improvements are funded by the 2019 Drainage Bond Program.
ATTACHMENTS: SRF (#3), BA (#4), Summary of Improvements (#5), Bid 24-39, Submittal - Steelworx
Industrial Group - E (#6), Bid 24-39, Bid Tab - Final (#7), Elmhurst and McClinton Phase I Agreement (#8)
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 #: 2024-616
Approval of a contract in the amount of $554,956.00 with Steelworx Industrial Group, LLC. for
the construction of the Elmhurst and McClinton Phase I Drainage Improvements Project,
approval of a project contingency of $60,000 (11%), and approval of a budget adjustment.
A RESOLUTION TO AWARD BID #24-39 AND AUTHORIZE A CONTRACT WITH
STEELWORX INDUSTRIAL GROUP, LLC, IN THE AMOUNT OF $554,956.00 FOR THE
CONSTRUCTION OF THE ELMHURST AND MCCLINTON PHASE I DRAINAGE
IMPROVEMENTS PROJECT, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF
$60,000.00, AND TO APPROVE A BUDGET ADJUSTMENT — 2019 DRAINAGE BOND
PROGRAM
WHEREAS, the Elmhurst and McClinton Phase I Drainage Improvements Project, consisting of
upstream detention and water quality improvements to help alleviate flooding in the area of East
Fairlane Street, South Elmhurst Avenue and East McClinton Street, was identified as a priority project
by the City Council after the April 2017 flooding event; and
WHEREAS, the improvements associated with Phase I will include the construction of a detention
basin located near the intersection of South Mashburn Avenue and East Martin Luther King Jr.
Boulevard, as well as proposed water quality improvements including a bioswale and plantings within
the basin itself and within a downstream channel; and
WHEREAS, Beaver Water District also has planned low impact development improvements within the
apartment complex immediately south of the proposed detention; and
WHEREAS, combined, these improvements should reduce the amount and velocity of flow to the
downstream properties as well as improve water quality.
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 awards Bid #24-39 and
authorizes Mayor Jordan to sign a contract with Steelworx Industrial Group, LLC in the amount of
$554,956.00 for the construction of the Elmhurst and McClinton Phase I Drainage Improvements
Project, and further approves a project contingency in the amount of $60,000.00.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget
adjustment, a copy of which is attached to this Resolution.
Page 1
Chris Brown
Submitted By
City of Fayetteville Staff Review Form
2024-616
Item ID
11/7/2024
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
10/4/2024 ENGINEERING (621)
Submitted Date Division / Department
Action Recommendation:
Approval of a contract in the amount of $554,956.00 with Steelworx Industrial Group, LLC. for the construction of
the Elmhurst and McClinton Phase I Drainage Improvements Project, approval of a project contingency of $60,000
(11%), and approval of a budget adjustment.
Budget Impact:
4704.860.7420-5817.00
Drainage Projects 2022 Bonds
Account Number Fund
46040.7420.1000 Elmhurst McClinton Drainage Phase I
Project Number
Budgeted Item? Yes Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Does item have a direct cost? Yes Item Cost
Is a Budget Adjustment attached? Yes Budget Adjustment
Remaining Budget
Project Title
$ 279,449.00
$ 88,807.21
190,641.79
$ 554,956.00
$ 424,956.00
60.641.79
V20221130
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
City of Fayetteville, Arkansas - Budget Adjustment (Agenda)
Budget Year Division Adjustment Number
ENGINEERING (621)
/Org2
2024
Requestor: Alan Pugh
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
Approval of a contract in the amount of $554,956.00 with Steelworx Industrial Group, LLC. for the construction of the
Elmhurst and McClinton Phase I Drainage Improvements Project, approval of a project contingency of $60,000 (11%), and
approval of a budget adjustment.
COUNCIL DATE: 11/7/2024
ITEM ID#: 2024-616
Holly Black
70/17/202q S:42 RIn
RESOLUTION/ORDINANCE
Budget Division Date
TYPE: D - (City Council)
JOURNAL #:
GLDATE:
CHKD/POSTED:
TOTAL
Account Number
- -
Increase / (Decrease)
Expense Revenue
Project.Sub#
Project Sub.Detl AT
v.2024926
Account Name
4704.860.7420-5817.00
4704.860.7420-5911.99
364,956 -
60,000 -
46040
46040
7420.1000 EX
7420.1000 EX
Improvements - Bridge & Drainage
Contingency - Capital Project
4704.860.7999-5899.00
(424,956) -
46040
7999 EX
Unallocated - Budget
I of 1
i
J
V
V
D
L
Y
a
Q
ro
a�
6
C
Q
X
ry
a
V
I
T
N
C
n
Ln
is
3
ro
L
D
t=
0)
a
ry
D
Y
a
a)
INDEX TO DRAWINGS
1 COVER
2 INDEX OF SHEETS & KEY MAP
TSU-1 TOPO. & UTIL. SURVEY STA. 1+00 TO STA. 8+00
TSU-2 TOPO. & UTIL. SURVEY STA. 8+00 TO STA. 12+00 & FAIRLANE CHANNEL
PP-1 PLAN & PROFILE STA. 20+00 TP STA. 23+75
PP-2 PLAN & PROFILE STA. 23+75 TO STA. 25+37
PP-3 PLAN — NORTH CHANNEL & MLK POND
GRD-1 GRADING & EROSION CONTROL PLAN— NORTH CHANNEL
GRD-2 GRADING & EROSION CONTROL PLAN— STA. 20+25 TO STA. 22+50
GRD-3 GRADING & EROSION CONTROL PLAN— MLK POND
GRD-4 PROFILES — MLK POND
WL-1 RETAINING WALL— PLAN AND PROFILE— MLK POND
D-1 CITY OF FAYETTEVILLE DETAILS— SIDEWALK & PIPE TRENCH
D-2 MISCELLANEOUS DETAILS
D-3 WEIR AND INFILTRATION TRENCH DETAILS — STA. 20+35
D-4 MLK POND OUTLET STRUCTURE AND BIO—SWALE DETAILS
D-5 EROSION CONTROL DETAILS 1
D-6 EROSION CONTROL DETAILS 2
st '7
U
Q ro
—TSU-1 (BOTTOM VIEW) M14k+ w m
uj
v._ i-n w
441*
TSU-2 (TOP VIEW)/0
��, H�NTs�I``� PP-3 (TOP VIEW) S �
r�
t Ro. . GRD-1 P ESS
K NORTH - E
pwV
CHANNELAb
-
AIN
iir�
I
'�
..
PHASE 1 WORK k
r ;•w�: PHASE 2 WORK
, Al
Lk
Alt
Aq
- % ,.-vaa� ...�.ya,.s •an�aMR: i .'�'� `t��. � :.�+ / i 1 .� � �` fr � � ! ,
,. •fir - ";!/l�.•; I � A ` ,
Y• q rr� jB, if 4%je, --- -
t � ,�, € � _ +�, � �, �.,r; �". !,,_mot, r;'�a'•ti, :�� '� `' ' � - . ��
�µyy ^h'r .• , 1 �+ .,� �.. � fir- .`+' _ �� .�?= �r � -
A.
`' s 1 r • f t
((?.ii 1• ,i.f_ sd;! �7"`.��� _ �; '- ' .i , 1�. "±r.� ,,1' ., �j1�f'r1 I -
02
41
Av
askate,'
IL
Aj�
At
AV At J _ p ' p•
TSU-2 (BOTTOM VIEW)
GRD-3
PP-3 (BOTTOM VIEW)
MMLK POND
TSU-1 (TOP VIEW)
PP-1
GRD-2
INFILTRATION
TRENCH
AND WEIR
7-18-Z&'1
ORIGINAL SIGNATURE ON FILE
U)
N
z
O
J
z
LJJ
Lu
>
Q
o
U
O
'1
J
U
'
L)
=
oC
Lu
z
w
Q
0-
w
w
Q
LL
J
Lu
Q
0
8�1
w
Q
w
INDEX OF
SHEETS &KEY
MA
DESIGNED BY:
DRAWN BY
ITS
WAS
DATE:
REVISION:
7/17/2024
BID
SCALE:
JOB NUMBER:
NTS
19-2143
2
CITY OF
WA FAYETTEVILLE
ARKANSAS
Bid 24-39 Addendum 7
Steelworx Industrial Group
Supplier Response
Event Information
Number: Bid 24-39 Addendum 7
Title: Construction - Elmhurst and McClinton Drainage Improvements
(Phase 1)
Type: Invitation to Bid
Issue Date: 8/4/2024
Deadline: 9/18/2024 02:00 PM (CT)
Notes: The City of The City of Fayetteville is accepting sealed bids from
properly licensed firms for the construction of approximately 154,000
cubic foot storm water retention pond adjacent to Huntsville Road with
associated storm drain, outlet structure, concrete sidewalk, bioswale,
retaining wall, and landscaping. The work also includes the
construction of two sodded drainage swales, totaling approximately
475 LF, including an associated concrete weir with decorative face.
Questions regarding this bid should be addressed to Amanda
Beilfuss, Sr. Purchasing Agent at abeilfuss@fayetteville-ar.gov.
Contact Information
Contact: Amanda Beilfuss - Sr. Purchasing Agent
Address: Purchasing
City Hall
Room 306
113 W. Mountain St.
Fayetteville, AR 72701
Email: abeilfuss@fayetteville-ar.gov
Page 1 of 6 pages Vendor: Steelworx Industrial Group Bid 24-39 Addendum 7
Steelworx Industrial Group Information
Contact:
Michael Glenn
Address:
1860 East Pump Station Road
Fayetteville, AR 72701
Phone:
(479) 422-4810
Email:
Michael.Glenn@steelworxig.com
Web Address:
www.steelworxig.com
By submitting your response, you certify that you are authorized to represent and bind your company.
Derek McKeon derek.mckeon@steelworxig.com
Signature Email
Submitted at 911812024 01:58:06 PM (CT)
Requested Attachments
Bid 24-39 Signature Forms
BID FORM SIGNED.pdf
Please attach your completed forms. These documents can be found in the Project Manual.
Bid 24-39 Bid Bond BID BOND SIGNED.pdf
Please attach a signed and completed copy of your bid bond. Bid bonds in the form of a cashier's check shall be
delivered to City Hall, Purchasing Division before bid deadline and have a copy of the cashier's check uploaded with
submittal.
Response Attachments
Bidder Qualification Forms SIGNED.pdf
Bidder Qualifications Form
Bid Attributes
1
Arkansas Secretary of State Filing Number:
811246121
2
Arkansas Contractor License Number:
0405550424
3
Check Yes or No:
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.
Z Yes, I agree
❑ No, I don't agree
Page 2 of 6 pages Vendor: Steelworx Industrial Group Bid 24-39 Addendum 7
4
Check Yes or No:
Pursuant Arkansas Code Annotated §25-1-1002, the Contractor agrees and certifies that they do not currently
boycott Energy,
Fossil Fuel, Firearms, and Ammunition Industries during any time in which they are entering into, or while in
contract, with any
public entity as defined in §25-1-1002. If at any time during the contract the contractor decides to boycott Energy,
Fossil Fuel,
Firearms, and/or Ammunition Industries, the contractor must notify the contracted public entity in writing.
❑✓ Yes, I agree
❑ No, I don't agree
5
Addendum Acknowledgement
By selecting "I agree", you acknowledge that you have read and understand any addendums that have been issued
for this bid.
2 1 agree
Bid Lines
9 Unclassified Excavation (Plan Quantity)
Quantity: 3100 UOM: CY Price: $27.60 Total: $85,560.00
1 4" Topsoil Placement & Select Grading
0
Quantity: 4640 UOM: SY Price: $6.00 Total: $27,840.00
Page 3 of 6 pages Vendor: Steelworx Industrial Group Bid 24-39 Addendum 7
2 Overcup Oak Tree
6
Quantity: 15 UOM: EA Price: $840.00 Total: $12,600.00
Page 4 of 6 pages Vendor: Steelworx Industrial Group Bid 24-39 Addendum 7
4 Tree Pruning (within tree protection area)
2
Quantity: 5 UOM: EA Price: $120.00 Total: $600.00
Page 5 of 6 pages Vendor: Steelworx Industrial Group Bid 24-39 Addendum 7
4 Asphalt Pavement Cut & Repair
3
Quantity: 90 UOM: SY Price: $67.00 1 Total: $6,030.00
4 Concrete Curb & Gutter
4
Quantity: 65 UOM: LF Price: $28.80 1 Total: $1,872.00
Response Total: $554,956.00
Page 6 of 6 pages Vendor: Steelworx Industrial Group Bid 24-39 Addendum 7
DOCUMENT 00410 — BID BOND
KNOW ALL MEN BY THESE PRESENTS: that we
Steelworx Industrial Group, LLC
1.860 E Pump Station Road
Fayetteville, AR 72701
as Principal, hereinafter called the Principal, and
Swiss Re Corporate Solutions America Insurance Corporation
1200 Main St. Suite 800
Kansas City, MO 64105-2478
a corporation duly organized under the laws of the State of
called Surety, are held and firmly bound unto
City of Fayetteville, Arkansas
113 West Mountain Street
Fayetteville, Arkansas 72701
Missouri
as Surety, hereinafter
as Obligee, hereinafter called Owner, in the sum of Five Percent of the Total Amount Bid
Dollars ($ 5% ), for the payment of which sum,
well and truly to be made, Principal and said Surety, bind ourselves, our heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, Principal has submitted a Bid for:
BID # 24-39, Elmhurst -McClinton Drainage Improvements, Phase 1
NOW, THEREFORE, if the Owner shall accept the Bid of Principal and the Principal shall enter into a
Contract with the Owner in accordance with the terns of such Bid, and give such Bond or Bonds as may
be specified in the Bidding or Contract Documents with good and sufficient surety for the faithful
performance of such Contract and for the prompt payment of labor and material furnished in the prosecution
thereof, or in the event of the failure of Principal to enter such Contract and give such Bond or Bonds, if
the Principal shall pay to the Owner the difference not to exceed the penalty hereof between the amount
specified in said Bid and such larger amount for which the Owner may in good faith contract with another
party to perform the Work covered by said Bid, then this obligation shall be null and void, otherwise to
remain in full force and effect.
19-2143 00410 - 1
Elmhurst -McClinton Drainage Improvements, Phase 1 Bid Bond
DOCUMENT 00410 —BID BOND (continued)
Signed and sealed this 18th day of September 20 24.
PRINCIPAL
Steelworx Industrial Groun. LLC
By ✓ c
SURETY
Swiss Re Corporate Solutions America Insurance Corporation
Suzanne Elizabeth Niedzwiedz
ATTORNEY -IN -FACT
(This Bond shall be accompanied with
Attorney- i n- Fact's authority from Surety)
END OF DOCUMENT 00410
19-2143
Elmhurst -McClinton Drainage Improvements, Phase I
(CORPORATE SEAL)
.` -�P •A
i ' plJE3UC '
s
(CORPORATE SEAL)
00410-2
Bid Bond
SWISS RE CORPORATE SOLUTIONS
SWISS RE CORPORATE SOLUTIONS AMERICA INSURANCE CORPORATION ("SRCSAIC")
SWISS RE CORPORATE SOLUTIONS PREMIER INSURANCE CORPORATION ("SRCSPIC")
WESTPORT INSURANCE CORPORATION ("WIC")
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, THAT SRCSAIC, a corporation duly organized and existing under laws of the State of Missouri, and
having its principal office in the City of Kansas City, Missouri, and SRCSPIC, a corporation organized and existing under the laws of the State of
Missouri and having its principal office in the City of Kansas City, Missouri, and WIC, organized under the laws of the State of Missouri, and having its
principal office in the City of Kansas City, Missouri, each does hereby make, constitute and appoint:
LISA A. McCLURE, MARTY C. CLARK, MARY ANN JUSTICE, SCOTT R. CLARK, SUZANNE ELIZABETH NIEDZWIEDZ,
SHANNON G. SCHMIDLY, ELIZABETH A. SOLOMAN, PAXTON C. CLARK, JOSHUA D. TRITT, AND SHANNON C. SCHMIDLY
JOINTLY OR SEVERALLY
Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings
obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by
law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount of:
TWO IIUNDRED MILLION ($200,000,000.00) DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both SRCSAIC and SRCSPIC at meetings duly called and held on the 18th of November 2021 and WIC by written consent of its
Executive Committee dated July 18, 2011.
"RESOLVED, that any two of the President, any Managing Director, any Senior Vice President, any Vice President, the Secretary or any Assistant
Secretary be, and each or any of them hereby is, authorized to execute a Power of Attorney qualifying the attorney named in the given Power of
Attorney to execute on behalf of the Corporation bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to
attest to the execution of any such Power of Attorney and to attach therein the seal of the Corporation; and it is
FURTHER RESOLVED, that the signature of such officers and the seal of the Corporation may be affixed to any such Power of Attorney or to
any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
bindine upon the Corporation when so affixed and in the future with reeard to anv bond, undertaking or contract of surety to which it is attached."
�•`�pNSAME, ,00�Ot18P t�oeye ` ��ti 1
,h�CT �rtPORgrity�s .0
G�PPORaTt`-'n By 1�.:Pj'Olti:r:'L
q� SEAL ' ■ a • S E A L - Erik Jnmsens, Senior Vice President of SRCSAIC & Senior Vice President
• :• ; fn a - O • n = orSRCSPIC & senior Vice President of R7C
1973
d�,y�l � ,,• s,� By
eccq,Sttt�•t��„1`GerAli] .Ingrmrski, Vice PraGlrnt or SRCSAIC& Vice President orSRCSPIC
& Viet President orwic
IN WITNESS WHEREOF, SRCSAIC, SRCSPIC, and WIC have caused their official seals to be hereunto affixed, and these presents to be signed by their
authorized officers
this 10 day of _ NOVEMBER 20 22
Swiss Re Corporate Solutions America Insurance Corporation
State of Illinois Swiss Re Corporate Solutions Premier Insurance Corporation
County of Cook ® Westport Insurance Corporation
On this 10 day of NOVEMBER .20 22 , before me, a Notary Public personally appeared Erik Janssens , Senior Vice President of SRCSAIC
and Senior Vice President of SRCSPIC and Senior Vice President of WIC and Gerald Jagrowski , Vice President of SRCSAIC and Vice President of
SPCSPIC and Vice President of WIC, personally known to me, who being by me duly swom, acknowledged that they signed the above Power of Attorney
as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies.
o�Ic1AL sou.
cr+atSMINA r�wratsco
I TAW PURA 87ATE OF t 01011111
canmWW Mtlfrit ihtcr.._,_ jl}q�,,��
I, Jeffrey Goldberg, the duly elected Senior Vice President and Assistant Secretary of SRCSAIC and SRCSPIC and WIC, do hereby certify that the above and
foregoing is a true and correct copy of a Power of Attorney given by said SRCSAIC and SRCSPIC and WIC, which is still irl,fyll Floret; and f:ffeci.
IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 18th day of September , 20,dff
Jeffrey Goldberg, Senior Vice Ptesident&
Assistant Secretary of SRCSAIC ano
SRCSPIC and WIC
DOCUMENT 00400 — BID FORM
Contract Name: Elmhurst -McClinton Drainage Improvements, Phase 1
Bid Number: 24-39
•
Owner: The City of Fayetteville, Arkansas
113 West Mountain Street
Fayetteville, Arkansas 72701
BID FROM: Steelworx Industrial Group
Bidder: Derek McKeon
Michael Jackson
Blake Engleman
ARTICLE 1 - INTENT
1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement
with Owner in the form included in the Contract Documents to perform and furnish all Work as
specified or indicated in the Contract Documents for the Bid price and within the Bid time indicated
in this Bid and in accordance with the other terms and conditions of the Contract Documents.
ARTICLE 2 - TERMS AND CONDITIONS
2.01 Bidder accepts all of the terms and conditions of the Invitation to Bid and Instructions to Bidders,
including without limitation those dealing with the disposition of Bid security. This Bid will remain
subject to acceptance for 90 days after the day of Bid opening. Bidder will sign and deliver the
required number of counterparts of the Agreement other documents required by the Bidding
Requirements within 15 days after the date of Owner's Notice of Award.
ARTICLE 3 - BIDDER'S REPRESENTATIONS
3.01 In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that:
A. Bidder has examined and carefully studied the Bid Documents, and the following Addenda,
receipt of all which is hereby acknowledged:
Number
Addendum #1
Addendum #2
Addendum #3
Addendum #4
Addendum #5
Addendum #6
Addendum #7
Date
08.20.24
08.23.24
09.04.24
09.05.24
09.09.24
09.12.24
09.16.24
19-2143
Elmhurst -McClinton Drainage Improvcments, Phase 1 Bid Form
DOCUMENT 00400 - BID FORM (continued)
B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local,
and Site conditions that may affect cost, progress, performance, and furnishing of the
Work.
C. Bidder is familiar with and is satisfied as to all federal, state, and local Laws and
Regulations that may affect cost, progress, performance, and furnishing of the Work.
D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface
conditions at or contiguous to the Site and all drawings of physical conditions in or relating
to existing surface or subsurface structures at or contiguous to the Site; and (2) reports and
drawings of a Hazardous Environmental Condition, if any, at the Site. Bidder
acknowledges that such reports and drawings are not Contract Documents and may not be
complete for Bidder's purposes. Bidder acknowledges that Owner and Engineer do not
assume responsibility for the accuracy or completeness of information and data shown or
indicated in the Bid Documents with respect to Underground Facilities at or contiguous to
the Site.
E. Bidder has obtained and carefully studied (or assumes responsibility for having done so)
all such additional or supplementary examinations, investigations, explorations, tests,
studies, and data concerning conditions (surface, subsurface, and Underground Facilities)
at or contiguous to the Site or otherwise which may affect cost, progress, performance, or
furnishing of the Work or which relate to any aspect of the means, methods, techniques,
sequences, and procedures of construction to be employed by Bidder and safety precautions
and programs incident thereto.
F. Bidder does not consider that any additional examinations, investigations, explorations,
tests, studies, or data are necessary for the determination of this Bid for performing and
furnishing of the Work in accordance with the times, price, and other terms and conditions
of the Contract Documents.
G. Bidder is aware of the general nature of work to be performed by Owner and others at the
Site that relates to Work for which this Bid is submitted as indicated in the Contract
Documents.
H. Bidder has given the Purchasing Division written notice of all conflicts, errors, ambiguities,
or discrepancies that Bidder has discovered in the Contract Documents, and the written
resolution thereof by the Purchasing Division is acceptable to Bidder.
The Contract Documents are generally sufficient to indicate and convey understanding of
all terms and conditions for performing and furnishing the Work for which this Bid is
submitted.
19-2143 00400 - 2
Elmhurst -McClinton Drainage Improvements, Phase I Bid Form
DOCUMENT 00400 — BID FORM
J. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person,
firm, or corporation and is not submitted in conformity with any agreement or rules of any
group, association, organization, or corporation; Bidder has not directly or indirectly
induced or solicited any other Bidder to submit a false or sham bid; Bidder has not solicited
or induced any person, firm, or a corporation to refrain from bidding; and Bidder has not
sought by collusion to obtain for himself any advantage over any other Bidder or over
Owner.
K. Bidder will perform the Work in compliance with all applicable trench safety standards set
forth in Occupational Safety and Health Administration (OSHA) Part 1926 - Subpart P -
Excavations.
ARTICLE 4 - BID PRICE
Bidders are required to provide pricing for all line items, including deductive alternate items.
Failure to provide deductive alternate pricing can result in bid rejection.
The City intends to award this contract to the lowest qualified responsive responsible bidder based
on the total base bid as long as the base bid amount falls within the amount of funds certified for
the project plus 25%.
In the event no bid falls within the amount of funds certified for the project plus 25%, the City will
utilize the deductive alternates in order to further evaluate bids until a bid received falls within the
amount certified, plus 25%.
In the event all deductive alternates are subtracted from the total base bid and no bid falls within
the amount certified, plus 25%, all bids shall be rejected and become confidential.
In no case shall the amount bid for the item of "mobilization' exceed 5% of the total Base bid. This
amount shall NOT include bonds & insurance or trench & excavation safety. Should the amount
entered into the proposal or bid for this item exceed 5%, the bid shall be rejected.
Bidder shall complete the work in accordance with the Contract Documents for the price(s)
submitted by the Bidder.
I:lt1l11L4111OV I I0113.'
5.01 Bidder agrees that the Work will be substantially complcted and completed and ready for final
payment within the number of calendar days indicated in the Agreement.
5.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to
complete the Work within the times specified in the Agreement.
19-2143 00400 - 3
Elmhurst -McClinton Drainage Improvements, Phase 1 Bid Form
DOCUMENT 00400 — BID FORM
ARTICLE 6 - BID CONTENT
6.01 The following documents are attached to and made a condition of this Bid:
A. Required 5% Bid security in the form of a cashier's check from a bank located in the State
of Arkansas or a Bid Bond in the amount of Dollars
B. A tabulation of Subcontractors and other persons and organizations required to be
identified in this Bid.
ARTICLE 7 - COMMUNICATIONS
7.01 Communications concerning this Bid shall be addressed to the Bidder as follows:
Derek McKeon
Email: derek.mckeon@steelworxig.com
Phone No. 479.419.4558
Fax No.
ARTICLE 8 - TERMINOLOGY
8.01 The terms used in this Bid which are defined in the GENERAL CONDITIONS or Instructions to
Bidders will have the meanings assigned to them.
Arkansas State Contractor License No. 0405550424
If Bidder is:
An Individual
Name (type or printed):
Doing business as:
Business address:
Phone No.
Email address:
(Individual's Signature)
Fax No.
(SEAL)
19-2143 00400 - 4
Elmhurst -McClinton Drainage Improvements, Phase 1 Bid Form
DOCUMENT 00400 — BID FORM
A Partnership
Partnership Name:
By:
(Signature of general partner - attach evidence of authority to sign)
Name (type or printed):
Business address:
Phone No.
Email address:
A Corporation or LLC
Corporation Name:
State of Incorporation: _
Type (General Business,
By:
Fax No.
Steelworx Industrial Group
Arkansas
Service, Limited Liability): LLC
(Signature of general partner - attach evidence of authority to sign)
Name (type or printed): MtCA4e- t G 1-e
Title: FVP I)n✓rArLP t 9
(SEAL)
(SEAL)
r.`�� .•aOTA.% o
= PLAKIC '
CORPORA'f$.-(:.-
(Signatac of Corporate Secretary)
Phone No. J(479) 419-4558 Fax No. (479) 419-4558
Email address:
Tax ID Number (TIN): 85-1149403
UEI # R2MJZLJ9K1 C6
Cage Code: 9PM02
19-2143 00400 - 5
Elmhurst -McClinton Drainage Improvements, Phase 1 Bid Form
DOCUMENT 00430 — LIST OF SUBCONTRACTORS
In compliance with the Instructions to Bidders and other Contract Documents, the undersigned submits
the following names of Subcontractors to be used in performing the Work for:
BID # 24-39 Elmhurst -McClinton Drainage Improvements, Phase 1
Bidder certifies that all Subcontractors listed are eligible to perform the Work.
Subcontractor's Work Subcontractor's Name Expected Percentage
and Address or Value
Clearing/Demolition
SWPPP/Erosion Control Second Nature Landscapes 5%
211 E. Hwy 264, Springdale, AR
Asphalt
Concrete
Landscaping Second Nature Landscapes 20%
211 E. Hwy 264, Springdale, AR
Material Testing
Other (designate)
NOTE: This form must be submitted in accordance with the Instructions to Bidders.
Kvzl�_
Bidder's Signature
19-2143 00430 - 1
Elmhurst -McClinton Drainage Improvements, Phase 1 List of Subcontractors
DOCUMENT 00140 — BIDDER'S QUALIFICATION STATEMENT
Contract Name: Elmhurst -McClinton Drainage Improvements, Phase 1
Bid #: 24-39, Construction
Date: 09/18/2024
SUBMITTED TO:
The City of Fayetteville, Arkansas
113 West Mountain Street
Fayetteville, Arkansas 72701
SUBMITTED BY:
Company Steelworx Industrial Grou
Name Derek McKeon
Address 1860 E. Pump Station Rd., Fayetteville, AR 72701
Principal Office 1860 E. Pump Station Rd., Fayetteville, AR 72701
Corporation, partnership, individual, joint
venture, other LLC
Arkansas State General Contractor's License Number
0405550424
(Type or legibly print)
EXPERIENCE STATEMENT
1. Bidder has been engaged as a General Contractor in construction for 4 years and
has performed work of the nature and magnitude of this Contract for 4 years.
Bidder has been in business under its present name for 4 years.
2. Bidder now has the following bonded projects under contract: (On a separate sheet, list
project name, owner, name of owner contact, engineer / architect, name of
engineer/architect contact, amount of contract, surety, and estimated completion date.)
Bidder has completed the following (list minimum of 3) contracts consisting of work
similar to that proposed by this Contract: (On a separate sheet, list project name,
owner, name of owner contact, engineer / architect, name of engineer/architect contact,
amount of contract, surety, and date of completion and percentage of the cost of the
Work performed with Bidder's own forces.)
4. Has Bidder ever failed to complete any project? If so, state when, where, and why.
19-2143 00140 - 1
Elmhurst -McClinton Drainage Improvements, Phase 1 Bidder's Qualification Statement
DOCUMENT 00140 — BIDDER'S QUALIFICATION STATEMENT (continued)
5. Bidder normally performs the following work with his own forces:
Earthwork, storm drain utilities, water utilities, sanitary
sewer utilites, site and building concrete, erosion control
6. Construction experience of key individuals in the organization is as follows (continued
on attached sheets if needed):
7. In the event the Contract is awarded to Bidder, the required surety Bonds will be
furnished by the following surety company and name and address of agent:
BHC Insurance
1626 Empire St. Suite 207 (479) 270-7377
Lowell, AR 72745 Agent: Josh Tritt
8. Bidder's Workmen's Compensation Experience Modifier Factor is: 0.94
FINANCIAL STATEMENT
B. If requested by the City of Fayetteville during the evaluation of bids the bidder shall provide
to the City of Fayetteville the following additional information:
Bidder possesses adequate financial resources as indicated by the following:
Assets and Liabilities: Attach a financial statement, audited if available, including
Bidder's latest balance sheet and income statements showing the following items:
a. Current assets (cash, joint venture accounts, accounts receivable, notes
receivable, accrued income, deposits, materials inventory, and prepaid expenses).
b. Net fixed assets.
c. Other assets.
19-2143 00140 - 2
Elmhurst -McClinton Drainage Improvements, Phase 1 Bidder's Qualification Statement
DOCUMENT 00140 — BIDDER'S QUALIFICATION STATEMENT (continued)
d. Current liabilities (accounts payable, notes payable, accrued expenses, provision
for income taxes, advances, accrued salaries, and accrued payroll taxes).
e. Other liabilities (capital, capital stock, authorized and outstanding shares par
values, earned surplus, and retained earnings).
f. Name of firm preparing financial statement and date thereof:
If financial statement is not for identical organization named herein, explain relationship and financial
responsibility of the organization furnished.
2. Current Judgments: The following judgements are outstanding against Bidder:
Judgment Creditors
a.
b.
Where Docketed and Date Amount
Bidder hereby represents and warrants that all statements set forth herein are true and correct.
Date: September 18 , 2024 .
Name of Organization:
Steelworx Industrial Group
By G. err•el.e
(Type or legibly print)
(signature)
Title l�0 ale \Q-
(Type or legibly print)
(OFFICIAL SEAL)
,e�`Gp,
�0 s
i PUBLICy
e 03- 02712565
•�4y1M��MNM,,P
(If Bidder is a partnership, the partnership name shall be signed, followed by the signature of at least one
of the partners. If Bidder is a corporation, the corporate name shall be signed, followed by the signature
of a duly -authorized officer and with the corporate seal affixed.)
19-2143 00140 - 3
Elmhurst -McClinton Drainage Improvements, Phase 1 Bidder's Qualification Statement
COMPLETED WORK:
Project: Axis Electric New Office (Earthwork & Concrete)
Owner: Kunruk, LLC.
Engineer/Architect: Jorgensen & Associates
Contract Amount: $280,055.00
Surety: BHC
Date of Completion: 12/31 /24
Self Perform %: 100%
Project: O'Reilly's Auto (Earthwork & Concrete)
Owner: O'Reilly's Auto Parts
Engineer/Architect: Esterly Schneider Associates, Inc.
Contract Amount: $287,172
Surety: BHC
Date of Completion: 08/30/24
Self Perform %: 100%
Project: Madison County Sheriff's Office & Detention Center (Earthwork & Concrete)
Owner: Madison County
Engineer/Architect: Spirit Architecture
Contract Amount: $826,931.03
Surety: BHC
Date of Completion: 06/30/24
Self Perform %: 100%
CONSTRUCTION EXPERIENCE:
Blake Engleman: 15+ years in building & site concrete, retaining walls
Derek McKeon: 10 years in earthwork, storm drain, erosion control and utility construction
Tyler Johnson: 15+ years in earthwork, storm drain & concrete construction
DOCUMENT 00140 — BIDDER'S QUALIFICATION STATEMENT
Contract Name: Elmhurst -McClinton Drainage Improvements, Phase 1
Bid #: 24-39, Construction
Date: 09/18/2024
SUBMITTED TO:
The City of Fayetteville, Arkansas
113 West Mountain Street
Fayetteville, Arkansas 72701
SUBMITTED BY:
Company Steelworx Industrial Grou
Name Derek McKeon
Address 1860 E. Pump Station Rd., Fayetteville, AR 72701
Principal Office 1860 E. Pump Station Rd., Fayetteville, AR 72701
Corporation, partnership, individual, joint
venture, other LLC
Arkansas State General Contractor's License Number
0405550424
(Type or legibly print)
EXPERIENCE STATEMENT
1. Bidder has been engaged as a General Contractor in construction for 4 years and
has performed work of the nature and magnitude of this Contract for 4 years.
Bidder has been in business under its present name for 4 years.
2. Bidder now has the following bonded projects under contract: (On a separate sheet, list
project name, owner, name of owner contact, engineer / architect, name of
engineer/architect contact, amount of contract, surety, and estimated completion date.)
Bidder has completed the following (list minimum of 3) contracts consisting of work
similar to that proposed by this Contract: (On a separate sheet, list project name,
owner, name of owner contact, engineer / architect, name of engineer/architect contact,
amount of contract, surety, and date of completion and percentage of the cost of the
Work performed with Bidder's own forces.)
4. Has Bidder ever failed to complete any project? If so, state when, where, and why.
19-2143 00140 - 1
Elmhurst -McClinton Drainage Improvements, Phase 1 Bidder's Qualification Statement
DOCUMENT 00140 — BIDDER'S QUALIFICATION STATEMENT (continued)
5. Bidder normally performs the following work with his own forces:
Earthwork, storm drain utilities, water utilities, sanitary
sewer utilites, site and building concrete, erosion control
6. Construction experience of key individuals in the organization is as follows (continued
on attached sheets if needed):
7. In the event the Contract is awarded to Bidder, the required surety Bonds will be
furnished by the following surety company and name and address of agent:
BHC Insurance
1626 Empire St. Suite 207 (479) 270-7377
Lowell, AR 72745 Agent: Josh Tritt
8. Bidder's Workmen's Compensation Experience Modifier Factor is: 0.94
FINANCIAL STATEMENT
B. If requested by the City of Fayetteville during the evaluation of bids the bidder shall provide
to the City of Fayetteville the following additional information:
Bidder possesses adequate financial resources as indicated by the following:
Assets and Liabilities: Attach a financial statement, audited if available, including
Bidder's latest balance sheet and income statements showing the following items:
a. Current assets (cash, joint venture accounts, accounts receivable, notes
receivable, accrued income, deposits, materials inventory, and prepaid expenses).
b. Net fixed assets.
c. Other assets.
19-2143 00140 - 2
Elmhurst -McClinton Drainage Improvements, Phase 1 Bidder's Qualification Statement
DOCUMENT 00140 — BIDDER'S QUALIFICATION STATEMENT (continued)
d. Current liabilities (accounts payable, notes payable, accrued expenses, provision
for income taxes, advances, accrued salaries, and accrued payroll taxes).
e. Other liabilities (capital, capital stock, authorized and outstanding shares par
values, earned surplus, and retained earnings).
f. Name of firm preparing financial statement and date thereof:
If financial statement is not for identical organization named herein, explain relationship and financial
responsibility of the organization furnished.
2. Current Judgments: The following judgements are outstanding against Bidder:
Judgment Creditors
a.
b.
Where Docketed and Date Amount
Bidder hereby represents and warrants that all statements set forth herein are true and correct.
Date: September 18 , 2024 .
Name of Organization:
Steelworx Industrial Group
By G. err•el.e
(Type or legibly print)
(signature)
Title l�0 ale \Q-
(Type or legibly print)
(OFFICIAL SEAL)
,e�`Gp,
�0 s
i PUBLICy
e 03- 02712565
•�4y1M��MNM,,P
(If Bidder is a partnership, the partnership name shall be signed, followed by the signature of at least one
of the partners. If Bidder is a corporation, the corporate name shall be signed, followed by the signature
of a duly -authorized officer and with the corporate seal affixed.)
19-2143 00140 - 3
Elmhurst -McClinton Drainage Improvements, Phase 1 Bidder's Qualification Statement
COMPLETED WORK:
Project: Axis Electric New Office (Earthwork & Concrete)
Owner: Kunruk, LLC.
Engineer/Architect: Jorgensen & Associates
Contract Amount: $280,055.00
Surety: BHC
Date of Completion: 12/31 /24
Self Perform %: 100%
Project: O'Reilly's Auto (Earthwork & Concrete)
Owner: O'Reilly's Auto Parts
Engineer/Architect: Esterly Schneider Associates, Inc.
Contract Amount: $287,172
Surety: BHC
Date of Completion: 08/30/24
Self Perform %: 100%
Project: Madison County Sheriff's Office & Detention Center (Earthwork & Concrete)
Owner: Madison County
Engineer/Architect: Spirit Architecture
Contract Amount: $826,931.03
Surety: BHC
Date of Completion: 06/30/24
Self Perform %: 100%
CONSTRUCTION EXPERIENCE:
Blake Engleman: 15+ years in building & site concrete, retaining walls
Derek McKeon: 10 years in earthwork, storm drain, erosion control and utility construction
Tyler Johnson: 15+ years in earthwork, storm drain & concrete construction
N
n
c
E
'o
W
J
J
W
Wm
Fa
LL h z
OWQ
>>1L
L42
u U. Q
Ip
88'88888888888880 0 0 0 0 088888888888888
e
g m 8 S S$$ 8 8
N
.,, r r r .,..,..,. ,,.
„ „.,, „
Sr
cn
E+
888888 888888.88
$ r r
„„---„---nr
H
�n
gm 88 e�o F8^
u
m
u`
w
8886w a86m 888888�r �8 eee188&8.ww
•n„„„.n „—rr rr
888888$888888'888veeeeeeee88oe8
_
g� --888'"$ o8R88�.88-
e'
ro
8
m
� 8 8 8 S. 8 8 8 88 8888 8 S
�
88 8,$8rN„ 8r
�8888888888888888888888,888888,8888$88880
'o
g�§�8r�888SR� 8'�S,^.8m$$R88m 8Se
8 888
�8888888888888,88822888, 8, 8, 8, 8,8888 ss
g8g88888888888,
g �m��adr„8�„$88SSm o��a�.^„.a3C„.�„F„m88�NR6 m„E
i
e
88888s88888888888,rr88888888888n8888�888888�8,„
—
m
�&8&q99 5tRqam��8„^�„»G93:.88858Ne�$8��mm'a
w w w w.... .�����.w S�W�
EX �p
e
m e s a e
p � 3
E
e—
qo v
y a
�.Q Ev3
" e
<Ew E8a r3:z3E3;.
J
rc
Cls
DOCUMENT 00500 — AGREEMENT
BETWEEN OWNER AND CONTRACTOR
Contract Name/Title: Elmhurst -McClinton Drainage Improvements, Phase 1
Contract No.: Bid #24-39, Construction
THIS AGREEMENT is dated as of the 7th day of
November
in the year 2024 by and between
The City of Fayetteville, Arkansas and Steelworx Industrial Group, LLC (hereinafter called Contractor).
ARTICLE 1- WORK
1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The
work under this Contract includes, but is not limited to:
The construction of an approximately 154,000 cubic foot storm water retention pond adjacent to Huntsville
Road with associated storm drain, outlet structure, concrete sidewalk, bioswale, retaining wall, and
landscaping as shown in the project plans. The work also includes the construction of two sodded drainage
swales, totaling approximately 475 LF, including an associated concrete weir with decorative face.
Any use of a third -party dumpster or roll off container shall be procured from the City of Fayetteville
Recycling and Trash Collection Division. Use of a Non -City dumpster or roll off container is not allowed.
Open burning is not allowed on City projects.
Blasting is not allowed on City projects.
Contractor is responsible for obtaining all applicable permits; however, fees for the City issued permits
shall be waived.
The Contract includes work in City of Fayetteville Right-of-way and in General Utility Easements.
Refer to Section 00400-Bid Form for quantities.
ARTICLE 2 - ENGINEER
2.01 The Contract Documents have been prepared by the City of Fayetteville Engineering Division.
City of Fayetteville Engineering Division assumes all duties and responsibilities, and has the
rights and authority assigned to City of Fayetteville Engineering Division in the Contract
Documents in connection with completion of the Work in accordance with the Contract
Documents.
19-2143 00500 - 1
Elmhurst -McClinton Drainage Improvements, Phase 1 Agreement
DOCUMENT 00500 — AGREEMENT (continued)
ARTICLE 3 - CONTRACT TIME
3.01 TIME OF THE ESSENCE:
A. All time limits for milestones, if any, Substantial Completion, and completion and
readiness for final payment as stated in the Contract Documents are of the essence of
the Contract.
3.02 DATES FOR SUBSTANTIAL COMPLETION AND FINAL PAYMENT:
A. The Work shall be Substantially Completed within 90 calendar days after the date
when the Contract Times commence to run as provided in the GENERAL
CONDITIONS, and final completion and ready for final payment in accordance with
the GENERAL CONDITIONS within 105 calendar days after the date when the
Contract Times commence to run.
3.03 LIQUIDATED DAMAGES:
A. Owner and Contractor recognize that time is of the essence of this Agreement and that
The City of Fayetteville will suffer financial loss if the Work is not completed within
the time specified above, plus any extensions thereof allowed in accordance with the
GENERAL CONDITIONS. The parties also recognize the delays, expense, and
difficulties involved in proving the actual loss suffered by The City of Fayetteville if
the Work is not Substantially Completed on time. Accordingly, instead of requiring
any such proof, The City of Fayetteville and Contractor agree that as liquidated
damages for delay (but not as a penalty) Contractor shall pay The City of Fayetteville
Seven Hundred Fifty Dollars ($750.00) for each calendar day that expires after the time
specified above in Paragraph 3.02 for Substantial Completion until the Work is
Substantially Complete. After Substantial Completion, if Contractor shall neglect,
refuse, or fail to complete the remaining Work within the time specified in
Paragraph 3.02 for completion and readiness for final payment or any proper extension
thereof granted by The City of Fayetteville, Contractor shall pay The City of
Fayetteville Five Hundred Dollars ($500.00) for each calendar day that expires after
the time specified for completion and readiness for final payment.
ARTICLE 4 - CONTRACT PRICE
4.01 The CITY OF FAYETTEVILLE agrees to pay, and the CONTRACTOR agrees to accept, as
full and final compensation for all work done under this agreement, the amount based on the
unit prices bid in the Proposal (BID FORM) which is hereto attached, for the actual amount
accomplished under each pay item, said payments to be made in lawful money of the United
States at the time and in the manner set forth in the Specifications.
4.02 As provided in the General Conditions, estimated quantities are not guaranteed, and
determinations of actual quantities and classifications are to be made by ENGINEER as
provided in the General Conditions. Unit prices have been computed as provided in the General
Conditions.
19-2143 00500 - 2
Elmhurst -McClinton Drainage Improvements, Phase 1 Agreement
DOCUMENT 00500 — AGREEMENT (continued)
4.03 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.
There shall be no changes without prior written approval of the Engineer of
Record and/or the City's designated Professional Engineer.
ARTICLE 5 - PAYMENT PROCEDURES
5.01 SUBMITTAL AND PROCESSING OF PAYMENTS:
A. Contractor shall submit Applications for Payment in accordance with the GENERAL
CONDITIONS. Applications for Payment will be processed by Engineer as provided
in the GENERAL CONDITIONS.
5.02 PROGRESS PAYMENTS, RETAINAGE:
A. The City of Fayetteville shall make progress payments on account of the Contract Price
on the basis of Contractor's Applications for Payment as recommended by Engineer,
on or about the 15th day of each month during construction. All such payments will
be measured by the schedule of values established in the GENERAL CONDITIONS
(and in the case of Unit Price Work based on the number of units completed) or, in the
event there is no schedule of values, as provided in the General Requirements.
Prior to Substantial Completion, progress payments will be made in an amount
equal to the percentage indicated below, but, in each case, less the aggregate
of payments previously made and less such amounts as Engineer shall
determine, or The City of Fayetteville may withhold, in accordance with the
GENERAL CONDITIONS.
a. 95% of Work Completed (with the balance being retainage). If Work has
been 50% completed as determined by Engineer, and if the character and
progress of the Work have been satisfactory to The City of Fayetteville
and Engineer, The City of Fayetteville on recommendation of Engineer,
may determine that as long as the character and progress of the Work
subsequently remain satisfactory to them, there will be no additional
retainage on account of Work subsequently completed, in which case the
remaining progress payments prior to Substantial Completion will be an
amount equal to 100% of the Work Completed less the aggregate of
payments previously made; and
b. 100% of Equipment and Materials not incorporated in the Work but
delivered, suitably stored, and accompanied by documentation satisfactory
to The City of Fayetteville as provided in the GENERAL CONDITIONS.
19-2143 00500 - 3
Elmhurst -McClinton Drainage Improvements, Phase 1 Agreement
DOCUMENT 00500 — AGREEMENT (continued)
5.03 FINAL PAYMENT:
A. Upon final completion and acceptance of the Work in accordance with the GENERAL
CONDITIONS, The City of Fayetteville shall pay the remainder of the Contract Price
as recommended by Engineer and as provided in the GENERAL CONDITIONS.
ARTICLE 6 - CONTRACTOR'S REPRESENTATIONS
6.01 In order to induce The City of Fayetteville to enter into this Agreement, Contractor makes the
following representations:
A. Contractor has examined and carefully studied the Contract Documents including the
Addenda and other related data identified in the Bid Documents.
B. Contractor has visited the Site and become familiar with and is satisfied as to the
general, local, and Site conditions that may affect cost, progress, performance, and
furnishing of the Work.
C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and
Regulations that may affect cost, progress, performance, and furnishing of the Work.
D. Contractor has carefully studied all:
(1) Reports of explorations and tests of subsurface conditions at or contiguous to
the Site and all drawings of physical conditions in or relating to existing
surface or subsurface structures at or contiguous to the Site; and
(2) Reports and drawings of a Hazardous Environmental Condition, if any, at the
Site. Contractor acknowledges that The City of Fayetteville and Engineer do
not assume responsibility for the accuracy or completeness of information and
data shown or indicated in the Contract Documents with respect to
Underground Facilities at or contiguous to the Site.
E. Contractor has obtained and carefully studied (or assumes responsibility of having
done so) all such additional supplementary examinations, investigations, explorations,
tests, studies, and data concerning conditions (surface, subsurface, and Underground
Facilities) at or contiguous to the Site or otherwise which may affect cost, progress,
performance, and furnishing of the Work or which relate to any aspect of the means,
methods, techniques, sequences, and procedures of construction to be employed by
Contractor and safety precautions and programs incident thereto.
F. Contractor does not consider that any additional examinations, investigations,
explorations, tests, studies, or data are necessary for the performing and furnishing of
the Work at the Contract Price, within the Contract Times, and in accordance with the
other terms and conditions of the Contract Documents.
G. Contractor is aware of the general nature of work to be performed by The City of
Fayetteville and others at the Site that relates to the Work as indicated in the Contract
Documents.
19-2143 00500 - 4
Elmhurst -McClinton Drainage Improvements, Phase 1 Agreement
DOCUMENT 00500 — AGREEMENT (continued)
H. Contractor has correlated the information known to Contractor, information and
observations obtained from visits to the Site, reports and drawings identified in the
Contract Documents, and all additional examinations, investigations, explorations,
tests, studies, and data with the Contract Documents.
I. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or
discrepancies that Contractor has discovered in the Contract Documents and the
written resolution thereof by Engineer is acceptable to Contractor.
The Contract Documents are generally sufficient to indicate and convey understanding
of all terms and conditions for performance and furnishing of the Work.
ARTICLE 7 - CONTRACT DOCUMENTS
7.01 CONTENTS:
A. The Contract Documents which comprise the entire Agreement between The City of
Fayetteville and Contractor concerning the Work consist of the following and may only
be amended, modified, or supplemented as provided in the GENERAL
CONDITIONS:
1. This Agreement.
2. Exhibits to this Agreement (enumerated as follows):
a. Notice to Proceed.
b. Contractor's Bid.
c. Documentation submitted by Contractor prior to Notice of Award.
3. Performance, Payment, and other Bonds.
4. General Conditions.
5. Supplementary Conditions.
6. Specifications consisting of divisions and sections as listed in table of contents
of Project Manual.
7. Drawings consisting of a cover sheet and sheets as listed in the table of
contents thereof, with each sheet bearing the following general title:
ELMHURST-MCCLINTON DRAINAGE IMPROVEMENTS, PHASE 1.
8. Addenda numbers 1-7 inclusive.
9. The following which may be delivered or issued after the Effective Date of the
Agreement and are not attached hereto: All Written Amendments and other
documents amending, modifying, or supplementing the Contract Documents
pursuant to the GENERAL CONDITIONS.
ARTICLE 8 - MISCELLANEOUS
8.01 TERMS:
A. Terms used in this Agreement which are defined in the GENERAL CONDITIONS
shall have the meanings stated in the GENERAL CONDITIONS.
19-2143 00500 - 5
Elmhurst -McClinton Drainage Improvements, Phase 1 Agreement
DOCUMENT 00500 — AGREEMENT (continued)
8.02 ASSIGNMENT OF CONTRACT:
A. No assignment by a party hereto of any rights under or interests in the Contract
Documents will be binding on another party hereto without the written consent of the
parry sought to be bound; and specifically but without limitation, moneys that may
become due and moneys that are due may not be assigned without such consent (except
to the extent that the effect of this restriction may be limited by Law), and unless
specifically stated to the contrary in any written consent to an assignment, no
assignment will release or discharge the assignor from any duty or responsibility under
the Contract Documents.
8.03 SUCCESSORS AND ASSIGNS:
A. The City of Fayetteville and Contractor each binds himself, his partners, successors,
assigns, and legal representatives to the other party hereto, its partners, successors,
assigns, and legal representatives in respect to all covenants, agreements, and
obligations contained in the Contract Documents.
8.04 SEVERABILITY:
A. Any provision or part of the Contract Documents held to be void or unenforceable
under any Law or Regulation shall be deemed stricken, and all remaining provisions
shall continue to be valid and binding upon The City of Fayetteville and Contractor,
who agree that the Contract Documents shall be reformed to replace such stricken
provision or part thereof with a valid and enforceable provision that comes as close as
possible to expressing the intention of the stricken provision.
8.05 FREEDOM OF INFORMATION ACT:
A. 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.
8.06 LIENS:
A. No liens against this construction project are allowed. Arkansas law (A.C.A. §§ 18-
44-501 through 508) prohibits the filing of any mechanics' of materialmen's liens in
relation to this public construction project. Arkansas law requires and the contractor
promises to provide and file with the Circuit Clerk of Washington County a bond in a
sum equal to the amount of this contract. Any subcontractor or materials supplier may
bring an action for non-payment or labor or material on the bond. The contractor
promises to notify every subcontractor and materials supplier for this project of this
paragraph and obtain their written acknowledgement of such notice prior to
commencement of the work of the subcontractor or materials supplier.
19-2143 00500 - 6
Elmhurst -McClinton Drainage Improvements, Phase 1 Agreement
DOCUMENT 00500 — AGREEMENT (continued)
IN WITNESS WHEREOF, The City of Fayetteville and Contractor have signed this Agreement in
quadruplicate. One counterpart each has been delivered to Contractor. Three counterparts each has been
retained by The City of Fayetteville. All portions of the Contract Documents have been signed, initialed, or
identified by The City of Fayetteville and Contractor.
This Agreement will be effective on November 7 2024, which is the Effective Date
of the Agreement.
CONTRACTOR:
By: Eric Wright
(Type or legibly print)
(Signature)
Title: CEO/Managing Partner
CITY OF FAYETTEVILLE
By: Lioneld Jordan
Title:
Contractor shall attach evidence of authority to sign.
If Contractor is a corporation, corporate entity or LLC, Contractor shall attach Corporate Resolution
authorizing Contractor's signature and execution of Agreement.
Further if Contractor is a corporation, corporate entity or LLC, Contractor shall also attach a copy of the
Contractor's Articles of Incorporation and a copy form the Arkansas State Secretary of State to document
that the corporation, corporate entity or LLC is in current "Good Standing" with the State of Arkansas and
such entity is permitted to perform work in the State of Arkansas.
(SEAL)
Attest
19-2143
Elmhurst -McClinton Drainage Improvements, Phase I
(SEA
Attest
�tt�rrr►rr
``�.���RK• / T RFC%,�
•!
GAT Y OF • SG�' i
FAYETTEVILLE ;
00500 - 7
y%9 •/�kAN�F`' ••� �`� Agreement
�NGT ONE o� `�
DOCUMENT 00500 — AGREEMENT (continued)
Address for giving notices
1860 E. PurnD Station Road
Fayetteville, AR 72701
License No. 0405550424
Agent for Service of process
Eric Wright
(Type or legibly print)
Address for giving notices
113 W. Mountain St.
Fayetteville, AR 72701
Contractor shall attach evidence of authority of Agent for Service process to sign. If Contractor is a
corporation, corporate entity or LLC, Contractor shall attach Corporate Resolution authorizing Agent for
Service process authority to sign.
(If Contractor is a corporation, corporate entity or LLC, attach evidence of authority to sign.)
END OF DOCUMENT 00500
19-2143 00500-8
Elmhurst -McClinton Drainage Improvements, Phase 1 Agreement
City of Fayetteville Staff Review Form
2025-0270
Item ID
N/A
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Alan Pugh 4/18/2025 ENGINEERING (621)
Submitted By Submitted Date Division / Department
Action Recommendation:
Mayor's signature on Change Order #1 deducting $19,416.50 from the construction contract associated with the
Elmhurst and McClinton Improvements Phase I
Budget Impact:
4704.860.7420-5817.00
Drainage Projects 2022 Bonds
Account Number Fund
46040.7420.1000 Elmhurst McClinton Drainage Phase I
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
$ 554,956.00
554,956.00
$ (19,416.50)
574,372.50
V20221130
Purchase Order Number: Previous Ordinance or Resolution # 267-24
Change Order Number:
Original Contract Number:
Comments:
Approval Date:
CITY OF
_ FAYETTEVILLE
ARKANSAS
TO: Molly Rawn, Mayor
THRU: Keith Macedo, Chief of Staff
Chris Brown, Public Works Director
FROM: Alan Pugh, Staff Engineer
STAFF MEMO
DATE: April 18, 2025
SUBJECT: Mayor's signature on Change Order #1 deducting $19,416.50 from the
construction contract associated with the Elmhurst and McClinton
Improvements Phase I
RECOMMENDATION:
Staff recommends the Mayor sign Change Order #1 deducting $19,416.50 from the
construction contract associated with the Elmhurst and McClinton Improvements Phase I
BACKGROUND:
On November 7, 2024, City Council approved a construction contract in the amount of
$554,956.00 with Steelworx Industrial Group for the construction of improvements associated
with the Elmhurst and McClinton Phase 1 bond project. These improvements include a
detention basin located at the intersection of E Huntsville Rd and E Martin Luther King Jr BLVD
as well as improvements to an existing channel just downstream of this intersection and the
creation of a drainage channel behind 649-659 E Huntsville Road. These improvements were
included in the 2019 bond program funds.
DISCUSSION:
During construction it was determined that due to the recent change in the floodplain
designation, the in -channel wall currently planned downstream of E Martin Luther King Jr BLVD
needed to be removed until further analysis could be performed. Several other minor revisions
were noted in the plans including the addition of a precast bend within a storm drain line and a
reduction in the amount of riprap for the project.
BUDGET/STAFF IMPACT:
The drainage improvements are funded by the 2019 Drainage Bond Program.
Attachments:
Change Order #1 Form
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
CHANGE ORDER
PCFAYETTE ITY OF ARKANSASVt6LE
Change Order No.
To Contractor: Steelworx Industrial Group
The Contract is changed as follows:
Contract Title: Elmhurst and McClinton Drainage Improvements (Phase 1)
Date of Issuance April 9, 2025
ORDINANCE/RESOLUTION:
Effective
Contract
Changes
Bid
item
No.
Bid
Item
Description
Previous
Estimated
Quantity
Unit
of
Measure
Contract
Unit
Price
Revised
Estimated
Quantity
Revised
Unit
Price
Original
Estimated
Cost
Revised
Estimated
Cost
9
Unclassified Excavation
3100
CY
$27.60
3115
$27.60
$85,560.00
$85,974.00
10
4" Topsoil Placement & Select Grading
4640
SY
$6.00
4623
$6.00
$27,840.00
$27,738.00
11
Sodding, Greenspace, Yards & Channels
(Excludes Topsoil)
4640
SY
$5.50
4623
$5.50
$25,520.00
$25,426.50
32
Natural Stone Rip -Rap
238
SY
$54.00
179
$54.00
$12,852.00
$9,666.00
33
Concrete Weir w/Decorative Face
58
LF
$421.00
1
$4,600.00
$24,418.00
$4,600.00
34
Amended Soil
45
CY
$144.00
49
$144.00
$6,480.00
$7,056.00
36
Filter Fabric for Infiltration Channel
350
SY
$4.80
325
$4.80
$1,680.00
$1,560.00
38
6" I-IDPE Drain Pipe
242
LF
$20.50
228
$20.50
$4,961.00
$4,674.00
45
18" RCP Precast Bend (22.5 degrees)
0
EA
$0.00
1
$3,200.00
$0.00
$3,200.00
Summation of Cost: $189,311.00 $169,894.50
Net Cost for this Change Order ($19,416.50
Not valid until signed by the Owner
The original Contract Price was $ 554,956.00
—..__._........._.......................................-_.....----... —_..--....--.............-_---............
Net change by previously authorized change orders $ -
The Contract Price prior to this Change Order was $ 554,956.00
..._........._..._.._..._...._...._.............__..._..._.-_............_........................................_...._..
The Contract Price will be adjusted by $ (19,416.50)
__.. _.........__....._......................_............__.......
The new Contract Price including this Change Order will be $ 535,539.50
-- —...._...................-------------------
The Contract Time(s) will be increased by 0 calendar days
Required dates of Completion as of the date of this Change Order therefore are:
Substantial Completion-------------------------------------------------------------------------------------------------- 27 -May -25
Fatal Completion 26 -Jun -25
NOTE: This summary does not reflect changes in the Contract Price or Time(s) which have been authorized by Work Change Directives not incorporated in this
or previous Change Orders.
STEELWORX INDUSTRIAL GROUP
DATE
CITY OF FAYETTEVILLE
BY
Mayor Molly Rawn
5-1-2025
DATE
City of Fayetteville Staff Review Form
2025-362
Item ID
N/A
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Alan Pugh 5/24/2025 ENGINEERING (621)
Submitted By Submitted Date Division / Department
Action Recommendation:
Approval of a professional services contract in the amount of $28,100 with Olsson, Inc. for flood study services
associated with the Elmhurst and McClinton drainage project, submission of a Letter of Map Revision to the Federal
Emergency Management Agency
Budget Impact:
4704.860.7420-5860.02 Capital Prof Services Enginering/Architectural
Account Number Fund
46040.7420.1000 Elmhurst McClinton Drainage
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
$ 661,947.00
$ 601,306.36
60, 640.64
$ 28,100.00
32,540.64
V20221130
Purchase Order Number: Previous Ordinance or Resolution # 267-24
Change Order Number: Approval Date:
Original Contract Number:
Comments:
CITY OF
_ FAYETTEVILLE
ARKANSAS
TO: Molly Rawn, Mayor
THRU: Keith Macedo, Chief of Staff
Chris Brown, Public Works Director
STAFF MEMO
FROM: Alan Pugh, Staff Engineer
DATE: May 24, 2025
SUBJECT: Approval of a professional services contract in the amount of $28,100 with
Olsson, Inc. for flood study services associated with the Elmhurst and
McClinton drainage project, submission of a Letter of Map Revision to the
Federal Emergency Management Agency
RECOMMENDATION:
Approval of a professional services contract in the amount of $28,100 with Olsson, Inc. for flood
study services associated with the Elmhurst and McClinton drainage project, submission of a
Letter of Map Revision to the Federal Emergency Management Agency.
BACKGROUND:
Currently, this neighborhood experiences street and home flooding during high intensity rain
events. Runoff overflows into S Elmhurst Ave from the north and floods the street and adjacent
property prior to re-entering a defined drainage way and continuing south. Given the type and
frequency of flooding that occurs, this project was identified as a priority project by City Council
after the April 2017 flooding event
DISCUSSION:
The City Council approved the first phase of construction for this project on November 7, 2024
in resolution 267-24. This construction is currently underway and is scheduled for completion
soon. Upon completion, the submission of a letter of map revision will be required by FEMA as
the constructed pond includes a floodway. This was included in the updated flood mapping
dated January 25, 2024
BUDGET/STAFF IMPACT:
The design for this project will be paid for with the funds from the 2022 Drainage Bond.
Attachments:
Engineering Agreement
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
APPENDIX A
SCOPE OF SERVICES
This exhibit is hereby attached to and made a part of the Letter Agreement for Professional
Services dated May 20, 2025 between the City of Fayetteville, Arkansas ("Client") and Olsson,
Inc. ("Olsson") providing for professional services. Olsson's Scope of Services for the Agreement
is indicated below.
PROJECT DESCRIPTION AND LOCATION
Project will be located at: Washington County Parcel No. 765-02493-003, Town Branch
Tributary 3, Fayetteville, Arkansas
Project Description: Town Branch Tributary 3 Letter of Map Revision (LOMR)
SCOPE OF SERVICES
Olsson shall provide the following services (Appendix A) to the Client for the Project:
Phase 100 — Project Management and Administration $2,100.00
Olsson shall provide the following:
Conduct routine coordination with the Client, including monthly invoicing and associated
progress reports.
Attend two teleconference meetings, if required, with the Client. Coordination time, as
required, with City of Fayetteville, Arkansas Floodplain Administrator and Engineering
Staff to address minor questions. Additional coordination requirements with the Client and
Others not specifically mentioned in this Scope of Services to discuss or explain Project
results shall be considered as Additional Services.
Project coordination activities with Federal Emergency Management Agency's (FEMA)
technical reviewer, as required, to address questions regarding submittal Letter of Map
Revision application.
Phase 200 — Data Gathering
Olsson shall provide the following:
$1,700.00
• Obtain copy of effective hydraulic modeling, if available, for Town Branch Tributary 3 from
FEMA Engineering Library or other available source.
• Review effective modeling to confirm that it matches what is shown in effective
Washington County, Arkansas and Incorporated Areas, Flood Insurance Study (FIS),
dated January 25, 2024.
o If no hydraulic model is available at the time of this analysis, creation of a replica
effective model to the best of its abilities, using FEMA accepted Standards and
Guidelines, the Effective FIS results, and best available data shall be considered
as Additional Services.
Page 1 of 4
o For Project, hydraulic model extent for Project area is proposed to be from
Effective Lettered Cross Section F upstream to Effective Lettered Cross Section H
as shown on FEMA Flood Insurance Rate Map 05143C0217G, dated January 25,
2024. If collection of additional data to extend the model beyond the proposed
Project extent or processing of additional datasets is required, these tasks shall be
considered as Additional Services and may extend the timeline.
Obtain publicly available topographic data for Project area and process data in preparation
for further refinement of existing hydraulic modeling and floodplain mapping.
Survey data may be required for Project. If required, it will be the responsibility of the
Client. If needed, Olsson shall provide surveying services as Optional Phase 500. Field
survey information shall be provided in a Horizontal Datum of NAD83, Arkansas State
Plane North Zone (US Survey Foot) and a Vertical Datum of NAVD88. Olsson shall
perform coordination with the surveyor to describe the information required, as required.
Phase 300 — Hydraulic and Hydrologic Modeling
Olsson shall provide the following:
$7,150.00
Utilize hydrologic data developed as part of 2024 Washington County, Arkansas and
Incorporated Areas, FIS. At minimum, discharge information for one -percent -annual -
chance event will be used. If additional events are provided, Olsson will utilize them per
FEMA standards (e.g., 10-, 4-, 2-, 1-, and 0.2 -percent -annual -chance (10-, 25-, 50-, 100-
500 -year) flood events).
Using data acquired under Phase 200, Olsson shall refine hydraulic modeling to
incorporate additional detailed information, as required, at Project location to create
Existing Conditions/Corrected Effective Model. Updates may include, but are not limited
to:
o Update to United States Army Corps of Engineers (USACE) HEC-RAS (Version
6.x) program.
o Replace terrain with new topographic data.
o Review and update bank stations, Manning's "n" roughness coefficients, and other
parameters, as required.
o Define downstream boundary conditions for current Project area.
• Coordinate with the Client at completion of analysis to relay results and findings.
Phase 400 - LOMR Report, Documentation, and Fee $11,750.00
Olsson shall provide the following:
• Upon completion of Phase 300, Olsson shall prepare LOMR application, including
supporting mapping and profiles along the Project area, and submit to the Client for review
and comment. Floodplain information will be prepared to FEMA Standards and DFIRM
format.
• Upon acceptance of LOMR by the Client, Olsson shall submit LOMR application to the
City of Fayetteville, Arkansas Floodplain Administrator for concurrence and to FEMA for
review and acceptance.
• Address comments received by FEMA reviewer regarding hydraulic analysis and LOMR
application details within two weeks following receipt.
• Prepare draft Property Owner Notification for inclusion in LOMR Application.
• Work with the Client to distribute Property Owner notifications upon approval from FEMA.
Page 2 of 4
• Current LOMR review fee for an online LOMR submittal is $8,000.00. The initial fee is
included in this Scope of Services. If the review fee changes prior to the submission of
LOMR, Additional Services in the amount of increase will be required.
Phase 500 — Topographic Survey (Optional)
$5,400.00
Olsson shall collect topographic survey data on the MLK pond near the intersection of Huntsville
Road and Martin Luther King Boulevard. The MLK pond site is within the Client owned tracts, the
main two being identified as Parcel Nos. 765-02489-001 and 765-02493-003, located in the City
of Fayetteville, Washington County, Arkansas.
With the topographic survey field work, measurements will also be made to select a few boundary
corner monuments, if remaining and available post construction, for delineation of boundary lines
relative to the north side of the MLK pond site. The topographic survey data will depict contours
at a 1 -foot vertical interval and all physical improvements as constructed and within the top of
bank limits of the pond.
The topographic survey shall be tied vertically to the NAVD 1988 Vertical Datum and horizontally
to the State Plane Coordinate System, Arkansas North Zone, NAD 83 -US Survey feet. The limits
of the topographic survey area are generally depicted in blue in the attached Exhibit 1.
Olsson shall prepare a signed/sealed topographic survey issued as a digital PDF and will be
provided in an AutoCAD base drawing format, if requested by the Client.
PROJECT TOTAL: $28,100.00
ASSUMPTIONS
• Client shall provide Project description, location information, Project design sheets, and
general Project location map.
• Project site access and landowner permission.
• Additional data or analyses shall be considered as Additional Services, unless identified
in the above Scope of Services.
• Additional meetings with the Client or Others not specifically described in the above
Scope of Services shall be considered as Additional Services.
• Coordination, preparation, or submittal of specific drainage reports, State or Federal
permits, floodplain development permits to local, state or federal agencies that may have
a regulatory jurisdiction over Project area, such as Arkansas Natural Resources
Division, USACE, FEMA, et cetera, unless identified in the above Scope of Services
shall be performed as Additional Services.
• Time to perform more advanced 2D modeling, should a 1D hydraulic analysis not
produce adequate results. If required, 2D modeling shall be performed as Additional
Services.
• Applications and fees for permits, drainage reports, or fees required by local, state, or
federal agencies that may have a regulatory jurisdiction over Project area or on Property
are not within Project Scope of Services, unless identified specifically.
• Design plans shall be provided by the Client. Information received shall be provided in
Autodesk AutoCAD DWG format or PDF format.
• No additional detailed hydrologic analysis will be performed as part of Scope of Services.
Should existing hydrologic model information require editing, tasks to revise information
shall be considered as Additional Services and may extend the timeline.
• Questions directed to development shall be the responsibility of the Client.
Page 3 of 4
EXCLUSIONS
• Coordination with impacted property Owners and/or local, state, or federal entities that
may have a regulatory jurisdiction over Project area, such as Arkansas Natural
Resources Division, U.S. Fish and Wildlife, USACE, et cetera unless identified in Project
Scope of Services specifically. Coordination for these entities may be performed as
Additional Services, if required.
• Agency or Client meetings, other than phone call discussions.
• Changes in Project design or location requiring changes to report.
• Nationwide Permit Preconstruction Notification.
• Individual Permit (over 0.5 acre of wetland impacts).
• On -Site Habitat or Threatened and Endangered Species Evaluations.
• On -Site Cultural Resources Study or Evaluation.
• Permittee Responsible Mitigation Plan and Monitoring.
• Two or more site visits with USACE.
• Trees will not be located or depicted on the topographic survey.
SCHEDULE FOR OLSSON'S SERVICES
Unless otherwise agreed, Olsson expects to perform its services under the Agreement as follows:
Anticipated Start Date: Upon receipt of executed Agreement.
Anticipated Completion Date: Six months following submittal of LOMR application
to FEMA.
Please note that receipt of FEMA effective hydraulic model may take up to one to two months as
it is subject to outside influences (e.g., FEMA Library schedule, data transfers, et cetera).
Olsson shall endeavor to start its services on the Anticipated Start Date and to complete its
services on the Anticipated Completion Date. However, the Anticipated Start Date, the Anticipated
Completion Date, and any milestone dates are approximate only, and Olsson reserves the right
to adjust its schedule and any or all of those dates at its sole discretion, for any reason, including,
but not limited to, delays caused by the Client or delays caused by third parties.
COMPENSATION
Client shall pay to Olsson for the performance of the Scope of Services a lump sum of Twenty -
Eight Thousand One Hundred Dollars ($28,100.00) plus reimbursable expenses in accordance
with the Reimbursable Expense Schedule attached to this Agreement. Olsson shall submit
invoices on a monthly basis, and payment is due within 30 calendar days of invoice date.
Should the Client request work in addition to the Scope of Services, Olsson shall invoice the Client
for such additional services (Optional Additional Services) at the standard hourly billing labor rate
charged for those employees actually performing the work, plus reimbursable expenses if any.
Olsson shall not commence work on Optional Additional Services without the Client's prior written
approval.
Olsson agrees to provide all of its services in a timely, competent and professional manner, in
accordance with applicable standards of care, for projects of similar geographic location, quality
and scope.
Page 4 of 4
EXHIBIT 1
Topographic Survey, approximate limits in blue.
Page 1 of 1
APPENDIX B
Schedule and Deliverables
Town Branch Tributary 3 Letter of Map Revision
Fayetteville, Arkansas
SCHEDULE
Project Authorization
Phase 100
6/1/2025
6/1/2025
12/1/2025
Phase 200
6/1/2025
7/1/2025
Phase 300
6/1/2025
12/1/2025
Phase 400
6/1/2025
6/1/2025
12/1/2025
7/1/2025
Phase 500 (if required)
* All dates calculated based off assumed start date of 6/1/2025.
**End data based off assumed LOMR submission date to FEMA.
DELIVERABLES
Short summary report describing the findings with supporting Letter of Map Revision (LOMR)
application documentation for submittal to CITY OF FAYETTEVILLE, describing methods used
and results determined in analysis
Page 1 of 1
olsson
REIMBURSABLE EXPENSE SCHEDULE
The expenses incurred by Olsson or Olsson's independent professional associates or consultants
directly or indirectly in connection with the Project shall be included in periodic billing as follows:
Classification
Automobiles (Personal Vehicle)
Suburban's and Pick -Ups
Automobiles (Olsson Vehicle)
Other Travel or Lodging Cost
Meals
Printing and Duplication including Mylars and Linens
In -House
Outside
Postage & Shipping Charges for Project Related Materials
including Express Mail and Special Delivery
Film and Photo Developing
Telephone and Fax Transmissions
Miscellaneous Materials & Supplies Applicable to this Project
Copies of Deeds, Easements or other Project Related Documents
Fees for Applications or Permits
Sub -Consultants
Taxes Levied on Services and Reimbursable Expenses
Cost
$0.70/mile*
$0.75/mile*
$95.00/day
Actual Cost
Actual Cost
Actual Cost
Actual Cost+10%
Actual Cost
Actual Cost+10%
Actual Cost+10%
Actual Cost+10%
Actual Cost+10%
Actual Cost+10%
Actual Cost+10%
Actual Cost
`Rates consistent with the IRS Mileage Rate Reimbursement Guidelines (Subject to Change).
Eff. 01/2025 Page 1 of 1
AGREEMENT
For
PROFESSIONAL ENGINEERING SERVICES
Between
CITY OF FAYETTEVILLE, ARKANSAS
And
OLSSON INC.
THIS AGREEMENT is made as of June 3 , 2025, by and between City of
Fayetteville, Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE)
and Olsson 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.
25-05-19_PAS_City of Fayetteville AR COF_Professional Engineering Services Contract fyis
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 $28,100. The CITY OF
FAYETTEVILLE shall compensate ENGINEER based on a 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
25-05-19 PAS City of Fayetteville AR COF Professional Engineering Services Contract fyis 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:
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
25-05-19_PAS_City of Fayetteville AR COF Professional Engineering Services Contract fyis
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.
25-05-19 PAS City of Fayetteville AR COF Professional Engineering Services Contract fyis 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.
25-05-19_PAS_City of Fayetteville AR COF Professional Engineering Services Contract fyis
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
25-05-19 PAS City of Fayetteville AR COF Professional Engineering Services Contract fyis 6
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:
3537 North Steele Boulevard Suite 310
Fayetteville, Arkansas 72703
25-05-19_PAS_City of Fayetteville AR COF Professional Engineering Services Contract fyis
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
25-05-19_PAS_City of Fayetteville AR COF Professional Engineering Services Contract fyis
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 warranty, CITY OF FAYETTEVILLE shall
have the right to annul this Agreement without liability or at its discretion, to deduct from the
25-05-19 PAS City of Fayetteville AR COF_Professional Engineering Services Contract fyis 9
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
By:
Mayor, Molly Rawn
ATTEST:
Ai7,GL a�EnE�«E y'
'%,y gKaHSPFrZ,=
By: p,NCpN„o
City Clerk Treasurer, Kara Paxton
ENGINEER
Lee Beshoner, PE, CFM
Title: Group Leader
END OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
25-05-19 PAS City of Fayetteville AR COF Professional Engineering Services Contract fyis 10
APPENDIX A
SCOPE OF SERVICES
This exhibit is hereby attached to and made a part of the Letter Agreement for Professional
Services dated May 20, 2025 between the City of Fayetteville, Arkansas ("Client") and Olsson,
Inc. ("Olsson") providing for professional services. Olsson's Scope of Services for the Agreement
is indicated below.
PROJECT DESCRIPTION AND LOCATION
Project will be located at: Washington County Parcel No. 765-02493-003, Town Branch
Tributary 3, Fayetteville, Arkansas
Project Description: Town Branch Tributary 3 Letter of Map Revision (LOMR)
SCOPE OF SERVICES
Olsson shall provide the following services (Appendix A) to the Client for the Project:
Phase 100 — Project Management and Administration $2,100.00
Olsson shall provide the following:
Conduct routine coordination with the Client, including monthly invoicing and associated
progress reports.
Attend two teleconference meetings, if required, with the Client. Coordination time, as
required, with City of Fayetteville, Arkansas Floodplain Administrator and Engineering
Staff to address minor questions. Additional coordination requirements with the Client and
Others not specifically mentioned in this Scope of Services to discuss or explain Project
results shall be considered as Additional Services.
Project coordination activities with Federal Emergency Management Agency's (FEMA)
technical reviewer, as required, to address questions regarding submittal Letter of Map
Revision application.
Phase 200 — Data Gathering
Olsson shall provide the following:
$1,700.00
• Obtain copy of effective hydraulic modeling, if available, for Town Branch Tributary 3 from
FEMA Engineering Library or other available source.
• Review effective modeling to confirm that it matches what is shown in effective
Washington County, Arkansas and Incorporated Areas, Flood Insurance Study (FIS),
dated January 25, 2024.
o If no hydraulic model is available at the time of this analysis, creation of a replica
effective model to the best of its abilities, using FEMA accepted Standards and
Guidelines, the Effective FIS results, and best available data shall be considered
as Additional Services.
Page 1 of 4
o For Project, hydraulic model extent for Project area is proposed to be from
Effective Lettered Cross Section F upstream to Effective Lettered Cross Section H
as shown on FEMA Flood Insurance Rate Map 05143C0217G, dated January 25,
2024. If collection of additional data to extend the model beyond the proposed
Project extent or processing of additional datasets is required, these tasks shall be
considered as Additional Services and may extend the timeline.
Obtain publicly available topographic data for Project area and process data in preparation
for further refinement of existing hydraulic modeling and floodplain mapping.
Survey data may be required for Project. If required, it will be the responsibility of the
Client. If needed, Olsson shall provide surveying services as Optional Phase 500. Field
survey information shall be provided in a Horizontal Datum of NAD83, Arkansas State
Plane North Zone (US Survey Foot) and a Vertical Datum of NAVD88. Olsson shall
perform coordination with the surveyor to describe the information required, as required.
Phase 300 — Hydraulic and Hydrologic Modeling
Olsson shall provide the following:
$7,150.00
Utilize hydrologic data developed as part of 2024 Washington County, Arkansas and
Incorporated Areas, FIS. At minimum, discharge information for one -percent -annual -
chance event will be used. If additional events are provided, Olsson will utilize them per
FEMA standards (e.g., 10-, 4-, 2-, 1-, and 0.2 -percent -annual -chance (10-, 25-, 50-, 100-
500 -year) flood events).
Using data acquired under Phase 200, Olsson shall refine hydraulic modeling to
incorporate additional detailed information, as required, at Project location to create
Existing Conditions/Corrected Effective Model. Updates may include, but are not limited
to:
o Update to United States Army Corps of Engineers (USACE) HEC-RAS (Version
6.x) program.
o Replace terrain with new topographic data.
o Review and update bank stations, Manning's "n" roughness coefficients, and other
parameters, as required.
o Define downstream boundary conditions for current Project area.
• Coordinate with the Client at completion of analysis to relay results and findings.
Phase 400 - LOMR Report, Documentation, and Fee $11,750.00
Olsson shall provide the following:
• Upon completion of Phase 300, Olsson shall prepare LOMR application, including
supporting mapping and profiles along the Project area, and submit to the Client for review
and comment. Floodplain information will be prepared to FEMA Standards and DFIRM
format.
• Upon acceptance of LOMR by the Client, Olsson shall submit LOMR application to the
City of Fayetteville, Arkansas Floodplain Administrator for concurrence and to FEMA for
review and acceptance.
• Address comments received by FEMA reviewer regarding hydraulic analysis and LOMR
application details within two weeks following receipt.
• Prepare draft Property Owner Notification for inclusion in LOMR Application.
• Work with the Client to distribute Property Owner notifications upon approval from FEMA.
Page 2 of 4
• Current LOMR review fee for an online LOMR submittal is $8,000.00. The initial fee is
included in this Scope of Services. If the review fee changes prior to the submission of
LOMR, Additional Services in the amount of increase will be required.
Phase 500 — Topographic Survey (Optional)
$5,400.00
Olsson shall collect topographic survey data on the MLK pond near the intersection of Huntsville
Road and Martin Luther King Boulevard. The MLK pond site is within the Client owned tracts, the
main two being identified as Parcel Nos. 765-02489-001 and 765-02493-003, located in the City
of Fayetteville, Washington County, Arkansas.
With the topographic survey field work, measurements will also be made to select a few boundary
corner monuments, if remaining and available post construction, for delineation of boundary lines
relative to the north side of the MLK pond site. The topographic survey data will depict contours
at a 1 -foot vertical interval and all physical improvements as constructed and within the top of
bank limits of the pond.
The topographic survey shall be tied vertically to the NAVD 1988 Vertical Datum and horizontally
to the State Plane Coordinate System, Arkansas North Zone, NAD 83 -US Survey feet. The limits
of the topographic survey area are generally depicted in blue in the attached Exhibit 1.
Olsson shall prepare a signed/sealed topographic survey issued as a digital PDF and will be
provided in an AutoCAD base drawing format, if requested by the Client.
PROJECT TOTAL: $28,100.00
ASSUMPTIONS
• Client shall provide Project description, location information, Project design sheets, and
general Project location map.
• Project site access and landowner permission.
• Additional data or analyses shall be considered as Additional Services, unless identified
in the above Scope of Services.
• Additional meetings with the Client or Others not specifically described in the above
Scope of Services shall be considered as Additional Services.
• Coordination, preparation, or submittal of specific drainage reports, State or Federal
permits, floodplain development permits to local, state or federal agencies that may have
a regulatory jurisdiction over Project area, such as Arkansas Natural Resources
Division, USACE, FEMA, et cetera, unless identified in the above Scope of Services
shall be performed as Additional Services.
• Time to perform more advanced 2D modeling, should a 1D hydraulic analysis not
produce adequate results. If required, 2D modeling shall be performed as Additional
Services.
• Applications and fees for permits, drainage reports, or fees required by local, state, or
federal agencies that may have a regulatory jurisdiction over Project area or on Property
are not within Project Scope of Services, unless identified specifically.
• Design plans shall be provided by the Client. Information received shall be provided in
Autodesk AutoCAD DWG format or PDF format.
• No additional detailed hydrologic analysis will be performed as part of Scope of Services.
Should existing hydrologic model information require editing, tasks to revise information
shall be considered as Additional Services and may extend the timeline.
• Questions directed to development shall be the responsibility of the Client.
Page 3 of 4
EXCLUSIONS
• Coordination with impacted property Owners and/or local, state, or federal entities that
may have a regulatory jurisdiction over Project area, such as Arkansas Natural
Resources Division, U.S. Fish and Wildlife, USACE, et cetera unless identified in Project
Scope of Services specifically. Coordination for these entities may be performed as
Additional Services, if required.
• Agency or Client meetings, other than phone call discussions.
• Changes in Project design or location requiring changes to report.
• Nationwide Permit Preconstruction Notification.
• Individual Permit (over 0.5 acre of wetland impacts).
• On -Site Habitat or Threatened and Endangered Species Evaluations.
• On -Site Cultural Resources Study or Evaluation.
• Permittee Responsible Mitigation Plan and Monitoring.
• Two or more site visits with USACE.
• Trees will not be located or depicted on the topographic survey.
SCHEDULE FOR OLSSON'S SERVICES
Unless otherwise agreed, Olsson expects to perform its services under the Agreement as follows:
Anticipated Start Date: Upon receipt of executed Agreement.
Anticipated Completion Date: Six months following submittal of LOMR application
to FEMA.
Please note that receipt of FEMA effective hydraulic model may take up to one to two months as
it is subject to outside influences (e.g., FEMA Library schedule, data transfers, et cetera).
Olsson shall endeavor to start its services on the Anticipated Start Date and to complete its
services on the Anticipated Completion Date. However, the Anticipated Start Date, the Anticipated
Completion Date, and any milestone dates are approximate only, and Olsson reserves the right
to adjust its schedule and any or all of those dates at its sole discretion, for any reason, including,
but not limited to, delays caused by the Client or delays caused by third parties.
COMPENSATION
Client shall pay to Olsson for the performance of the Scope of Services a lump sum of Twenty -
Eight Thousand One Hundred Dollars ($28,100.00) plus reimbursable expenses in accordance
with the Reimbursable Expense Schedule attached to this Agreement. Olsson shall submit
invoices on a monthly basis, and payment is due within 30 calendar days of invoice date.
Should the Client request work in addition to the Scope of Services, Olsson shall invoice the Client
for such additional services (Optional Additional Services) at the standard hourly billing labor rate
charged for those employees actually performing the work, plus reimbursable expenses if any.
Olsson shall not commence work on Optional Additional Services without the Client's prior written
approval.
Olsson agrees to provide all of its services in a timely, competent and professional manner, in
accordance with applicable standards of care, for projects of similar geographic location, quality
and scope.
Page 4 of 4
EXHIBIT 1
Topographic Survey, approximate limits in blue.
Page 1 of 1
APPENDIX B
Schedule and Deliverables
Town Branch Tributary 3 Letter of Map Revision
Fayetteville, Arkansas
SCHEDULE
Project Authorization
Phase 100
6/1/2025
6/1/2025
12/1/2025
Phase 200
6/1/2025
7/1/2025
Phase 300
6/1/2025
12/1/2025
Phase 400
6/1/2025
12/1/2025
7/1/2025
Phase 500 (if required)
6/1/2025
* All dates calculated based off assumed start date of 6/1/2025.
**End data based off assumed LOMR submission date to FEMA.
DELIVERABLES
Short summary report describing the findings with supporting Letter of Map Revision (LOMR)
application documentation for submittal to CITY OF FAYETTEVILLE, describing methods used
and results determined in analysis
Page 1 of 1
olsson 8
REIMBURSABLE EXPENSE SCHEDULE
The expenses incurred by Olsson or Olsson's independent professional associates or consultants
directly or indirectly in connection with the Project shall be included in periodic billing as follows:
Classification
Automobiles (Personal Vehicle)
Suburban's and Pick -Ups
Automobiles (Olsson Vehicle)
Other Travel or Lodging Cost
Meals
Printing and Duplication including Mylars and Linens
In -House
Outside
Postage & Shipping Charges for Project Related Materials
including Express Mail and Special Delivery
Film and Photo Developing
Telephone and Fax Transmissions
Miscellaneous Materials & Supplies Applicable to this Project
Copies of Deeds, Easements or other Project Related Documents
Fees for Applications or Permits
Sub -Consultants
Taxes Levied on Services and Reimbursable Expenses
Cost
$0.70/mile*
$0.75/mile*
$95.00/day
Actual Cost
Actual Cost
Actual Cost
Actual Cost+10%
Actual Cost
Actual Cost+10%
Actual Cost+10%
Actual Cost+10%
Actual Cost+10%
Actual Cost+10%
Actual Cost+10%
Actual Cost
`Rates consistent with the IRS Mileage Rate Reimbursement Guidelines (Subject to Change).
Eff. 01/2025 Page 1 of 1
City of Fayetteville Staff Review Form
2025-0416
Item ID
N/A
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Alan Pugh 6/4/2025 ENGINEERING (621)
Submitted By Submitted Date Division / Department
Action Recommendation:
Mayor's signature on Change Order #2 adding $49,459.00 to the construction contract associated with the
Elmhurst and McClinton Improvements Phase I and approve budget adjustment
Budget Impact:
4704.860.7420-5817.00
Drainage Projects 2022 Bonds
Account Number Fund
46040.7420.1000 Elmhurst McClinton Drainage Phase I
Project Number
Budgeted Item? Yes
Does item have a direct cost? Yes
Is a Budget Adjustment attached? Yes
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$ 690,047.00
$ 601,306.36
$ 88,740.64
$ 49,459.00
$ 30,043.00
69,324.64
V20221130
Purchase Order Number: Previous Ordinance or Resolution # 267-24
Change Order Number:
Original Contract Number:
Comments:
Approval Date:
CITY OF
_ FAYETTEVILLE
ARKANSAS
TO: Molly Rawn, Mayor
THRU: Keith Macedo, Chief of Staff
Chris Brown, Public Works Director
FROM: Alan Pugh, Staff Engineer
DATE: June 4, 2025
STAFF MEMO
SUBJECT: Mayor's signature on Change Order #2 adding $49,459.00 to the
construction contract associated with the Elmhurst and McClinton
Improvements Phase I and approve budget adjustment
RECOMMENDATION:
Staff recommends the Mayor sign Change Order #2 adding $49,459.00 to the construction
contract associated with the Elmhurst and McClinton Improvements Phase I and approve
budget adjustment
BACKGROUND:
On November 7, 2024, City Council approved a construction contract in the amount of
$554,956.00 with Steelworx Industrial Group for the construction of improvements associated
with the Elmhurst and McClinton Phase 1 bond project. These improvements include a
detention basin located at the intersection of E Huntsville Rd and E Martin Luther King Jr BLVD
as well as improvements to an existing channel just downstream of this intersection and the
creation of a drainage channel behind 649-659 E Huntsville Road. These improvements were
included in the 2019 bond program funds. Change Oder #1 was previously administratively
approved reducing the contract by $19,416.50 as several items were removed. That brought the
total contract amount to $535,539.50.
DISCUSSION:
During construction the sanitary sewer within Huntsville was found to be higher than anticipated
requiring a modification to the design to include an additional storm box, additional encasement
of a water line and other miscellaneous items. An improvement to the original design was also
made to include a junction box on the smaller 24 -inch storm drain. Several other minor
revisions were noted in the plans including a reduction in the amount of riprap for the project.
Due to the fact the contract was previously reduced, this change order would bring the total
contract amount to $584,998.50. This is a total increase of $30,042.50 over the original contract
which is still within the Council approved contingency of $60,000 for the project. For that
reason, a budget adjustment of $30,043 is included with the item moving that funding from the
contingency into the construction funding line item.
BUDGET/STAFF IMPACT:
The drainage improvements are funded by the 2019 Drainage Bond Program.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Attachments:
Change Order #2 Form
CHANGE ORDER
CITY OF
, FAYETTEVILLE
ARKANSAS
Change Order No.
2
To Contractor: Steelworx Industrial Group
The Contract is changed as follows:
Contract Title: Elmhurst and McClinton Drainage Improvements (Phase 1)
Date of Issuance June 4, 2025
ORDINANCE/RESOLUTION: 267-24
Effective November 7, 2024
Contract
Changes
Bid
Item
No.
Bid
Item
Description
Previous
Estimated
Quantity
Unit
of
Measure
Contract
Unit
Price
Revised
Estimated
Quantity
Revised
Unit
Price
Original
Estimated
Cost
Revised
Estimated
Cost
9
Unclassified Excavation
3115
CY
$27.60
3125
$27.60
$85,974.00
$86,250.00
15
4'x2' Reinforced Concrete Box Culvert
64
LF
$456.00
60
$456.00
$29,184.00
$27,360.00
20
Variable Height Concrete Block Mass
Retaining Wall
945
SF
$93.60
960
$93.60
$88,452.00
$89,856.00
32
Natural Stone Rip -Rap
179
SY
$54.00
121
$54.00
$9,666.00
$6,534.00
33
Concrete Weir W/Decorative Fence
1
LF
$4,600.00
1
-$4,600.00
$4,600.00
-$4,600.00
46
12" Steel Encasement for Utility
0
LF
$0.00
30
$240.00
$0.00
$7,200.00
47
6" PVC Sewer Main
0
LF
$0.00
34
$135.00
$0.00
$4,590.00
48
Reinforced Coupling
0
EA
$0.00
2
$530.00
$0.00
$1,060.00
49
MLK Junction Box
0
LS
$0.00
I
$13,250.00
$0.00
$13,250.00
50
24" RCP
0
LF
$0.00
13
$1,020.00
$0.00
$13,260.00
51
Remove Existing Culvert, Connect 24" RCP
& Repair Existing Storm Inlet
0
LS
$0.00
l
$20,075.00
$0.00
$20,075.00
52
Revised Block Wall Design by Licensed
Engineer
0
LS
$0.00
1
$2,500.00
$0.00
$2,500.00
Summation of Cost: $217,876.00 $267,335.00
Net Cost for this Change Order $49,459.00
The original Contract Price was $ 554,956.00
.............................................................................................................................................
Net change by previously authorized change orders ...................................................................................................................... $ (19,416.50)
.......................
The Contract Price prior to this Change Order was $ 535,539.50
.............................................................................................................................................
The Contract Price will be adjusted by....................................................................................................................... $ 49,459.00
......................
The new Contract Price including this Change Order will be ----------------- $ 584,998.50
The Contract Time(s) will be increased by 50 calendar days
...........................................................
Required dates of Completion as of the date of this Change Order therefore are:
Substantial Completion............................................................................................ 16 -Jul -25
Final Completion----------------------------------------------------------------------------------------- 15 -Aug -25
NOTE: This summary does not reflect changes in the Contract Price or Time(s) which have been authorized by Work Change Directives not incorporated in this or
previous Change Orders.
STEELWORX INDUST GROUP
l� y
Y DATE
CITE
�June 16, 2025
BY
DATE
City of Fayetteville, Arkansas - Budget Adjustment Form
Budget Year I Division Adjustment Number
/Org2 ENGINEERING (621)
2025
I Requestor: Alan Pugh
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
Mayor's signature on Change Order #2 adding $49,459.00 to the construction contract associated with the Elmhurst and
McClinton Improvements Phase I and approve budget adjustment
REQUEST DATE: 6/4/2025
Division Head Date
Department Director Date
Chief Financial Officer
Chief of Staff
TOTAL
Account Number
4704.860.7420-5911.99
4704.860.7420-5817.00
Date
Date
Increase / (Decrease)
Expense Revenue
(30,043)
30,043 -
Budget Division
TYPE:
JOURNAL#:
GLDATE:
CHKD/POSTED:
Date
v.2025513
Proiect.Sub#
Project Sub.Detl AT Account Name
46040 7420.1000 EX Contingency - Capital Project
46040 7420.1000 EX Improvements - Bridge & Drainage
--Kt' Engineering-Design-Services\Pfoiec#s\DrainageFro}ec#s\ 19-Band-Prograrir-Drainage\Elmhurst=McCli--torn\Construeftenr\Ehange---
Orders\Change Order #2\BA_Elmhurst McClinton CO#2 1 of 1
8/13/2025
Submitted Date
Yes
88,740.64$
21,306.70$
V20221130
Budgeted Item?
Does item have a direct cost?
Is a Budget Adjustment attached?
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
690,047.00$
601,306.36$
Yes
Yes 30,043.00$
97,476.94$
46040.7420.1000
Project Number
Budget Impact:
Elmhurst McClinton Drainage Phase I
Fund
Drainage Projects 2022 Bonds4704.860.7420-5817.00
Account Number
Project Title
City of Fayetteville Staff Review Form
2025-0668
Item ID
N/A
City Council Meeting Date - Agenda Item Only
Mayor’s signature on Change Order #3 adding $21,306.70 to the construction contract associated with the Elmhurst
and McClinton Improvements Phase I and approve budget adjustment
N/A for Non-Agenda Item
Action Recommendation:
Submitted By
Alan Pugh ENGINEERING (621)
Division / Department
Comments:
Purchase Order Number:
Change Order Number:
Previous Ordinance or Resolution #267-24
Approval Date:
Original Contract Number:
TO: Molly Rawn, Mayor
THRU: Keith Macedo, Chief of Staff
Chris Brown, Public Works Director
FROM: Alan Pugh, Staff Engineer
DATE: August 13, 2025
SUBJECT: Mayor’s signature on Change Order #3 adding $21,306.70 to the
construction contract associated with the Elmhurst and McClinton
Improvements Phase I and approve budget adjustment
RECOMMENDATION:
Staff recommends the Mayor sign Change Order #3 adding $21,306.70 to the construction
contract associated with the Elmhurst and McClinton Improvements Phase I and approve
budget adjustment
BACKGROUND:
On November 7, 2024, City Council approved a construction contract in the amount of
$554,956.00 with Steelworx Industrial Group for the construction of improvements associated
with the Elmhurst and McClinton Phase 1 bond project. These improvements include a
detention basin located at the intersection of E Huntsville Rd and E Martin Luther King Jr BLVD
as well as improvements to an existing channel just downstream of this intersection and the
creation of a drainage channel behind 649-659 E Huntsville Road. These improvements were
included in the 2019 bond program funds. Change Oder #1 was previously administratively
approved reducing the contract by $19,416.50 as several items were removed. That brought the
total contract amount to $535,539.50.
DISCUSSION:
During construction the retaining wall and grading needed to be adjusted based on actual
conditions in the field and feedback from adjacent property owners. These changes are
reflected in the change order. The retaining wall received a double cap along the roadway in
order to accommodate the sidewalk construction. The pond grading will be modified and
additional bioswale added based on feedback and water being held in a portion of the pond for
extended periods.
Due to the fact the contract was previously reduced via Change Order #1 and slightly increased
with Change Order #2, this change order would bring the total contract amount to $606,305.20.
This is a total increase of $51,349.20 over the original contract which is still within the Council
approved contingency of $60,000 for the project. For that reason, a budget adjustment of
$21,306.70 is included with the item moving that funding from the contingency into the
construction funding line item.
2
BUDGET/STAFF IMPACT:
The drainage improvements are funded by the 2019 Drainage Bond Program.
Attachments:
Change Order #3 Form
CHANGE ORDER
Contract Title: Elmhurst and McClinton Drainage Improvements (Phase 1)
Change Order No. 3
To Contractor: Steelworx Industrial Group
The Contract is changed as follows:
Contract Bid Bid
Changes Item Item
No. Descrintion
9 Unclassified Excavation
18 Bioswale IMLK Pond)
Variable Height Concrete Block Mass
20 Retaining Wall
34 Amended Soil
36 Filter Fabric for Infiltration Channel
38 6" HDPE Drain Pipe
39 10" Nyloplast Drain Basin
45 18" RCP Precast Bend (45 degrees)
53 Additional Fence Anchor System at Wall
Not vaUd DDtll slped by the Owner
The original Contract Price was
Net change by previously au1horized change orders
The Contract Price prior to this Change Order was
The Contract Price will be adjusted by
The new Contract Price including this Change Order will be
The Contract Time(s) will be increased by
Previous
Estimated
Quantity
3125
121
960
45
350
242
1
I
0
Required dates of Completion as of tbe date of this Change Order therefore are:
Substantial Completion
Final Completion
Unit
of
Measure
CY
LF
SF
CY
SY
LF
EA
EA
I.S
Date of Issuance August 12, 2025
ORDINANCE/RESOLUTION:
Effective
Contract Revised Revised Original
Unit Estimated Unit Estimated
Price Quantity Price Cost
$27.60 3175 $27.60 $86,250.00
$108.00 194 $108.00 $13,068.00
$93.60 992 $93.60 $89,856.00
$144.00 51 $144.00 $6,480.00
$4.80 470 $4.80 $1,680.00
$20.50 317 $20.50 $4,961.00
$2,220.00 2 $2,220.00 $2,220.00
$3,200.00 2 $3,200.00 $3,200.00
$0.00 I $650.00 $0.00
Summation of Cost: $207,715.00
Net Cost for tbb Change Order
20
NOTE: This swnmary does not reflect changes in the Contract Price or Time(s) which have been authorized by Work Change Directives not inco,porated in this
or previous Change Onlers.
STEELWORX INDUSTRIAL GROUP
�� /
CITY OF FAYETTEVILLE
BY DATE
Revised
Estimated
Cost
$87,630.00
$20,952.00
$92,851.20
$7,344.00
$2,256.00
$6,498.50
$4,440.00
$6,400.00
$650.00
$229,021.70
$21,306.70
S 554,956.00
S 30 042.50
S 584,998.50
S 21,306.70
S 606,305.20
calendar days
5-Au -25
25
8/19/2025
8/11/2025
Submitted Date
Yes
80,057.55$
5,000.00$
V20221130
Budgeted Item?
Does item have a direct cost?
Is a Budget Adjustment attached?
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
693,644.00$
613,586.45$
Yes
No -$
75,057.55$
46040.7420.1000
Project Number
Budget Impact:
Elmhurst McClinton Drainage
Fund
Capital Prof Services Enginering/Architectural4704.860.7420-5860.02
Account Number
Project Title
City of Fayetteville Staff Review Form
2025-0660
Item ID
N/A
City Council Meeting Date - Agenda Item Only
Approval of Amendment 1 to a professional services contract in the amount of $5,000 with Olsson, Inc. (total
contract $33,100) for flood study services associated with the Elmhurst and McClinton drainage project,
endangered species analysis and submission of a Letter of Map Revision to the Federal Emergency Management
Agency
N/A for Non-Agenda Item
Action Recommendation:
Submitted By
Alan Pugh ENGINEERING (621)
Division / Department
Comments:
Purchase Order Number:
Change Order Number:
Previous Ordinance or Resolution #267-24
Approval Date:
Original Contract Number:
TO: Molly Rawn, Mayor
THRU: Keith Macedo, Chief of Staff
Chris Brown, Public Works Director
FROM: Alan Pugh, Staff Engineer
DATE: August 11, 2025
SUBJECT: Approval of Amendment 1 to a professional services contract in the
amount of $5,000 with Olsson, Inc. (total contract $33,100) for flood study
services associated with the Elmhurst and McClinton drainage project,
endangered species analysis and submission of a Letter of Map Revision
to the Federal Emergency Management Agency
RECOMMENDATION:
Approval of Amendment 1 to a professional services contract in the amount of $5,000 with
Olsson, Inc. (total contract $33,100) for flood study services associated with the Elmhurst and
McClinton drainage project, endangered species analysis and submission of a Letter of Map
Revision to the Federal Emergency Management Agency.
BACKGROUND:
Currently, this neighborhood experiences street and home flooding during high intensity rain
events. Runoff overflows into S Elmhurst Ave from the north and floods the street and adjacent
property prior to re-entering a defined drainage way and continuing south. Given the type and
frequency of flooding that occurs, this project was identified as a priority project by City Council
after the April 2017 flooding event
DISCUSSION:
The City Council approved the first phase of construction for this project on November 7, 2024
in resolution 267-24. This construction is currently underway and is scheduled for completion
soon. Upon completion, the submission of a letter of map revision will be required by FEMA as
the constructed pond includes a floodway. This was included in the updated flood mapping
dated January 25, 2024. A portion of that submittal will include the need for an endangered
species study which is included within the proposed amendment.
BUDGET/STAFF IMPACT:
The design for this project will be paid for with the funds from the 2022 Drainage Bond.
Attachments:
Amendment 1 to the Engineering Agreement