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HomeMy WebLinkAbout310-24 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 310-24 File Number: 2024-0761 NATURAL STATE STREAMS (SERVICE CONTRACT): A RESOLUTION TO APPROVE A CONTRACT WITH NATURAL STATE STREAMS, LLC IN THE AMOUNT OF $169,645.95 FOR THE RESTORATION OF NIOKASKA CREEK DOWNSTREAM OF NORTH AZALEA TERRACE, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $20,000.00, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, on December 15, 2020, the City Council approved Resolution 308-20 authorizing the acceptance of a Wetland Program Development Grant in the amount of $300,000.00; and WHEREAS, the City matched that grant with $100,000.00 from the 2019 Bond Program and the Illinois River Watershed Partnership provided $30,000.00 for a total amount of $430,000.00; and WHEREAS, the restoration of Niokaska Creek downstream of North Azalea Terrace is the first of two projects required by the grant. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign a contract with Natural State Streams, LLC in the amount of $169,645.95 for the restoration of Niokaska Creek downstream of North Azalea Terrace, and further approves a project contingency in the amount of $20,000.00. 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 December 17, 2024 A .,.,••.,.,off Page 1 Attest: 'Y' / Th'EgS�'�. Y OF ••GN�'� 'v: FAYF.TTFV1LLc ; ;0 .•,p �� AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT (STIPULATED PRICE) THIS AGREEMENT is by and between City of Fayetteville ("Owner') and Natural State Streams LLC ("Contractor') Owner and Contractor hereby agree as follows: ARTICLE 1— WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: RESTORATION OF APPROXIMATELY 300 FT SECTION OF NIOKASKA CREEK THAT WILL REDUCE STREAMBANK EROSION AND IMPROVE AQUATIC AND TERRESTRIAL HABITAT. ARTICLE 2 —THE PROJECT 2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows: Work includes building stacked rock walls, installing boulder riffle grade control structures. and enhancine the adiacent native riparian area. ARTICLE 3 — ENGINEER 3.01 The Project has been designed by Watershed Conservation Resource Center 3.02 The Owner has retained Watershed Conservation Resource Center ("Engineer") to act as Owner's representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 — CONTRACT TIMES 4.01 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. 4.02 Contract Times: Days A. The Work will be substantially completed within 60 days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions, and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 90 days after the date when the Contract Times commence to run. 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with the Contract. The parties also recognize the EJCDC® C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 7 delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner $ 250 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified in Paragraph 3.02.A above for Substantial Completion until the Work is substantially complete. ARTICLE 5 — CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents the amounts that follow, subject to adjustment under the Contract: A. For all Unit Price Work, an amount equal to the sum of the extended prices (established for each separately identified item of Unit Price Work by multiplying the unit price times the actual quantity of that item) as shown in the Bid Form, a sum of: Total of all Extended Prices for Unit Price Work (subject to final adjustment based on actual quantities) $169,645.95 The extended prices for Unit Price Work set forth as of the Effective Date of the Contract are based on estimated quantities. As provided in Paragraph 13.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer. ARTICLE 6 — PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.02 Progress Payments; Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment on or about the 15th day of each month during performance of the Work as provided in Paragraph 6.02.A.1 below, provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established as provided 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 elsewhere in the Contract. 1. 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 Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract a. 95 percent of Work completed (with the balance being retainage).; and EJCDC® C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 7 b. 100 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). C. Retainage shall be 5% of the earned progress payments per Arkansas Code 22-9- 604. B. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 95 percent of the Work completed, less such amounts set off by Owner pursuant to Paragraph 15.01.E of the General Conditions, and less 100 percent of Engineer's estimate of the value of Work to be completed or corrected as shown on the punch list of items to be completed or corrected prior to final payment. 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with Paragraph 15.06 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 15.06. ARTICLE 7 — INTEREST 7.01 All amounts not paid when due shall bear interest at the rate of 0 percent per annum. ARTICLE 8 — CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Contract, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents, and any data and reference items identified in the Contract Documents. B. Contractor has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site -related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (3) Contractor's safety precautions and programs. E. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract. F. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. G. Contractor has given the Purchasing Division written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by the Purchasing Division is acceptable to Contractor. EJCDC® C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 of 7 H. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. I. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 9 — CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (Current Section, inclusive). 2. Performance bond (Section: Performance Bond, inclusive). 3. Payment bond (Section: Payment Bond, inclusive). 4. Other bonds. a. Maintenance and Warranty Bond (to be provided following Substantial Completion) (If required). 5. General Conditions (Section: General Conditions, inclusive). 6. Specifications as listed in the table of contents of the Project Manual. 7. Drawings (not attached but incorporated by reference) consisting of 10 sheets with each sheet bearing the following general title: Restoration of Niokaska Creek near Magnolia Drive 8. Addenda (numbers 1 to 1 inclusive). 9. Exhibits to this Agreement (enumerated as follows): a. Contractor's Bid (pages 1 to 25 , inclusive). 10. The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto: a. Notice to Proceed. b. Work Change Directives c. Change Orders. d. Field Orders. B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in the General Conditions. EJCDC® C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 of 7 ARTICLE 10 — MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, money that may become due and money that is 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. 10.03 Successors and Assigns A. Owner and Contractor each binds itself, its successors, assigns, and legal representatives to the other party hereto, its successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 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 Owner 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. 10.05 Contractor's Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05: 1. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. EJCDC® C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 of 7 10.06 Other Provisions A. The contractor shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The contractor shall carry out applicable requirements of 40 CFR part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the contractor to carry out these requirements is a material breach of this contract which may result in the termination of this contract or other legally available remedies." B. This contract is subject to applicable labor laws, non-discrimination provisions, wage rate laws and other federal laws including the Fair Labor Standards Acts of 1938. The Work Hours Act of 1962, Title VI of the Civil Rights Act of 1964, and The Clean Water Act also apply. C. Build America, Buy America provisions apply to this project. D. This project is a Federal -Aid contract. This project requires wage rates to be paid according to Davis -Bacon Federal Wage Rates. The percentage goal for Disadvantaged Business Enterprise (DBE) Participation in the project is 11.0%. EJCDC® C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 of 7 IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. This Agreement will be effective on i December 17, 2024 (which is the Effective Date of the Contract). CONTRACTOR: Natural State Streams LLC By: Josh Duzan Title: Mayor w"1111r Title: Owner i ���V ;•G�� Y OF .44ontractor is a corporation, a partnership, or a joint Z� -Yi*ure, attach evidence of authority to sign.) Attest: _ ;"-St: O.Ni2 y %�GG G.rL Title: Kara Paxton, City Clerk Treas;;T�,� �•�,`•1'itle: Henry Duzan, Restoration Technician a Address forgiving notices: Address for giving notices: City of Fayetteville Natural State Streams 113 W Mountain St 613 N Pierce St Fayetteville, AR 72701 Little Rock, AR 72205 License No.: 0242470325 (where applicable) (If Owner is a corporation, attach evidence of authority to sign. If NOTE TO USER: Use in those states or other jurisdictions where Owner is a public body, attach evidence of authority to sign and applicable or required. resolution or other documents authorizing execution of this Agreement.) EJCDC® C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 of 7 CITY OF FAYETTEVILLE ARKANSAS MEETING OF DECEMBER 17, 2024 CITY COUNCIL MEMO 2024-0761 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 $169,645.95 with Natural State Streams for the restoration of Niokaska Creek downstream of N Azalea Terrace, approval of a project contingency of $20,000 (12%) and approval of a budget adjustment. RECOMMENDATION: Staff recommends approval of a contract in the amount of $169,645.95 with Natural State Streams for the restoration of Niokaska Creek downstream of N Azalea Terrace, pursuant to Bid 24-46, and approval of a project contingency of $20,000 (12%) and approval of a budget adjustment. BACKGROUND: On December 15, 2020, the City council approved resolution number 308-20 authorizing the acceptance of a Wetland Program Development Grant in the amount of $300,000. The city matched this grant with $100,000 from the 2019 Bond Program and the Illinois River Watershed Partnership provided $30,000 for a total project amount of $430,000. The potential stream restoration projects identified within the grant were as follows: • Scull Creek just north of Van Asche Drive: includes damage to private property from large cut banks. • Niokaska Creek downstream of Azalea Terrace: Includes an "s" turn in which a large amount of erosion is taking place and beginning to threaten private structures • Within existing park land on a tributary to Flynn Creek near N Brookbury Crossing which also includes damage to private property • Clear Creek directly downstream of Lake Fayetteville: includes damage to both public and private property DISCUSSION: As such the City has proceeded with the analysis and design of two of these projects as required by the grant. The first of these projects is located on Niokaska Creek and includes the "s" turn downstream of Azalea Terrace. The City received bids for Bid 24-46 on October 31, 2024 for the proposed project. The bid identified Natural State Streams LLC as the lowest responsive bidder on the project with a total bid of $169,645.95 and staff is recommending the award of this contract. BUDGET/STAFF IMPACT: Funding for this construction project will be taken from 2022 Bond Funds. Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 ATTACHMENTS: SRF (#3), BA (#4), C-520 Agreement Stipulated Price - Niokaska Final NSS Signature (#5), Bid 24-46, Bid Tab - Signed (#6), Bid 24-46, Submittal - Natural State Streams LLC - E (#7) 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 #: 2024-0761 Approval of a contract in the amount of $169,645.95 with Natural State Streams for the restoration of Niokaska Creek downstream of N Azalea Terrace, approval of a project contingency of $20,000 (12%) and approval of a budget adjustment. A RESOLUTION TO APPROVE A CONTRACT WITH NATURAL STATE STREAMS, LLC IN THE AMOUNT OF $169,645.95 FOR THE RESTORATION OF NIOKASKA CREEK DOWNSTREAM OF NORTH AZALEA TERRACE, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $20,000.00, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, on December 15, 2020, the City Council approved Resolution 308-20 authorizing the acceptance of a Wetland Program Development Grant in the amount of $300,000.00; and WHEREAS, the City matched that grant with $100,000.00 from the 2019 Bond Program and the Illinois River Watershed Partnership provided $30,000.00 for a total amount of $430,000.00; and WHEREAS, the restoration of Niokaska Creek downstream of North Azalea Terrace is the first of two projects required by the grant. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign a contract with Natural State Streams, LLC in the amount of $169,645.95 for the restoration of Niokaska Creek downstream of North Azalea Terrace, and further approves a project contingency in the amount of $20,000.00. 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 2024-761 Item ID 12/17/2024 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 11/13/2024 ENGINEERING (621) Submitted Date Division / Department Action Recommendation: Approval of a contract in the amount of $169,645.95 with Natural State Streams for the restoration of Niokaska Creek downstream of N Azalea Terrace, approval of a project contingency of $20,000 (12%) and approval of a budget adjustment. Budget Impact: 4704.860.7426-5817.00 Account Number 46040.7426 Project Number Drainage Projects 2022 Bonds Fund Stream Restoration -EPA Grant 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 $ 98,425.00 $ 86,850.00 11,575.00 $ 169,645.95 $ 189,646.00 31.575.05 V20221130 Purchase Order Number: Previous Ordinance or Resolution # 308-20 Change Order Number: Approval Date: Original Contract Number: Comments: City of Fayetteville, Arkansas - Budget Adjustment (Agenda) Budget Year Division Adjustment Number /Org2 ENGINEERING (621) 2024 Requestor: Chris Brown BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Approval of a contract in the amount of $169,645.95 with Natural State Streams for the restoration of Niokaska Creek downstream of N Azalea Terrace, approval of a project contingency of $20,000 (12%) and approval of a budget adjustment. RESOLUTION/ORDINANCE COUNCIL DATE: 12/17/2024 ITEM ID#: 2024-761 Nolly Black 7717312024 5:28 RM 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.20241029 Account Name 4704.860.7426-5817.00 4704.860.7426-5911.99 169,646 - 20,000 - 46040 46040 7426 EX 7426 EX Improvements - Bridge & Drainage Contingency - Capital Project 4704.860.7999-5899.00 (189,646) - 46040 7999 EX Unallocated - Budget 1 of 1 CITY OF FAYETTEVILLE ARKANSKANAS BIOTABULATION Bid 24-46, Construction - Niokaska Stream Restoration (Magnolia Drive) Rebid DEAOLINE: Thursday, October 31, 2024 at 2:00 PM Certification of Funds: $250,000.00 ($312,500.00 toto/allowed) Natural State Streams LLC Flow State LLC Building Exteriors TOtai $169,645.95 $205,220.00 $248,480.00 Una# Deudpgpn QTy UOM Unit Lttentled Unit Extended Unit Extended Work Items $129,140.95 $153,59000 $159,425 00 1.1 Mobilization (Not to Exceed 5%of TOTAL BASE BID, not including hands and insu rance) 1 L5 $7,600.00 $9,000.00 510,000.00 1.2 Bondand Insurance 1 LS $7,690,95 $12,000.00 $11,500.00 13 Multi -Level Rock Revetment 180 LF $24 Bl) $210.00 $150.00 IA 1-Hook Vane with Step 1 EA $11,500A0 $12,00000 $15,00000 1.5 Riffle Grade Control Structure 3 EA $7,000.00 $10,00000 $9,200.00 IA Channel Excavation 280 CY $10.00 $900 � � � � $6500 1.7 Floodplain Grading 210 CY $30.00 $9.00 $55.00 1.8 Filling and Grading of Rio-D Black Soil Mattresses 180 LF $30.00 $GsBo $65.00 19 General Excavations Excavator(16,000 He)- Work outside scope of specific bid item, (equipment fuel, and 40 Hour $275.00 5200.00 $160.00 operator)(bazed on equipment hours) 1.10 General Labor 40 Hour $65.00 545BG $45.00 1.11 Sheclean-upincluding debris removal, grading and mechanical raking of storage areas,Iwtling of excess canrtruRian 1 LS $50,000.00 $30,000.00 $II,000.00 _... materials an 3rtl party trucks _ 1.12 Removal of pmleR Spoils Ts CY $70.00 $50.00 $35.00 1.13 Deck Removal 1 LS $2,500.00 $2,500.00 - $3,500.00 Rack and Earthwork Materials $40,505.00 $51,630.00 $89,05500 2.1 Tap Sail _ 85 CY $25.00 _ $30.00 _... $33.00 2.2 Clay 40 CY $25.00 $30.00 $33.00 2.3 SMuctum Boulders 150 To $115.00 $150.00 $181.00 2.4 Stacked Revetment Beam Rack 150 To $115.00 $15000 $350.00 2.5 River Cobble 48 To $60.(p $6000 $13000 is cunJyent upon wppliermttting minimum spetlf [ions and normal authomMi on by City Officials. i" =�_ lol3f Ia�+ Nnanda Rei ,Sc. purWaieig e5 M[Gaugh, summons Director CITY OF WA FAYETTEVILLE ARKANSAS Bid 24-46 Addendum 1 Natural State Streams LLC Supplier Response Event Information Number: Bid 24-46 Addendum 1 Title: Construction - Niokaska Stream Restoration (Magnolia Drive) Rebid Type: Invitation to Bid Issue Date: 10/6/2024 Deadline: 10/31/2024 02:00 PM (CT) Notes: The City of The City of Fayetteville is accepting sealed bids from properly licensed firms for the restoration of an approximately 300-foot section of Niokaska Creek near Magnolia Drive in Fayetteville, Arkansas, to help reduce streambank erosion and improve aquatic and terrestrial habitat. Questions regarding this bid should be addressed to Amanda Beilfuss, Sr. Purchasing Agent at abeilfuss(a)fayettevil le-ar.g_ov. 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 4 pages Vendor: Natural State Streams LLC Bid 24-46 Addendum 1 Natural State Streams LLC Information Contact: ZACHARY HAYS Address: 613 N Pierce St Little Rock, AR 72205 Phone: (479) 430-0593 Email: zach@naturalstatestreams.com Web Address: naturalstatestreams.com By submitting your response, you certify that you are authorized to represent and bind your company. Zachary Hays Signature Submitted at 1013112024 12:06:58 PM (CT) Requested Attachments Bid 24-46 Signature Forms zach@naturalstatestreams.com Email Bid Form Bid 24-40, FILE #01 - PROJECT MANUAL-2.pdf Please attach your completed forms. These documents can be found in the Project Manual. Bid 24-46, Qualification Information Qualifications (Statement and Resumes).pdf Please attach the required bidder qualifications information as stated in the Project Manual. Bid 24-46 Bid Bond Natural State Streams Bid Bond.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 NSS Authority to Sign.pdf Authority to Sign Letter NSS Contractors License.pdf Contractors License GoodStanding_NSS_2024.pdf Certificate of Good Standing Bid Attributes 1 Arkansas Secretary of State Filing Number: 800199084 2 Arkansas Contractor License Number: 0242470325 3 SAM.gov Unique Entity Identifier Number: HAS5AHW2KQ23 Page 2 of 4 pages Vendor: Natural State Streams LLC Bid 24-46 Addendum 1 4 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. ❑✓ Yes, I agree ❑ No, I don't agree 5 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. 2 Yes, I agree ❑ No, I don't agree 6 Addendum Acknowledgement By selecting "I agree", you acknowledge that you have read and understand any addendums that have been issued for this bid. 9 1 agree Bid Lines Package Header Work Items Quantity: 1 UOM: EA Total: $129,140.95 Package Items 1.1 Mobilization (Not to Exceed 5% of TOTAL BASE BID, not including bonds and insurance) Quantity: 1 UOM: LS Price: $7,600.00 Total: $7,600.00 1.2 Bonds and Insurance Quantity: 1 UOM: LS Price: $7,690.95 Total: $7,690.95 1.3 Multi -Level Rock Revetment Quantity: 180 UOM: LF Price: $240.00 Total: $43,200.00 1.4 J-Hook Vane with Step Quantity: 1 UOM: EA Price: $11,500.00 Total: $11,500.00 1.5 Riffle Grade Control Structure Quantity: 3 UOM: EA Price: $7,000.00 Total: $21,000.00 1.6 Channel Excavation Quantity: 280 UOM: CY Price: $10.00 Total: $2,800.00 1.7 Floodplain Grading Quantity: 220 UOM: CY Price: $10.00 Total: $2,200.00 Page 3 of 4 pages Vendor: Natural State Streams LLC Bid 24-46 Addendum 1 1.8 Filling and Grading of Bio-D Block Soil Mattresses Quantity: 180 UOM: LF Price: $10.00 Total: $1,800.00 1.9 General Excavation: Excavator (16,000 lbs.) - Work outside scope of specific bid items (equipment, fuel, and operator)(based on equipment hours) Quantity: 40 UOM: Hour Price: $275.00 Total: $11,000.00 1.10 General Labor Quantity: 40 UOM: Hour Price: $65.00 Total: $2,600.00 1.11 Site clean-up including debris removal, grading and mechanical raking of storage areas, loading of excess construction materials on 3rd party trucks Quantity: 1 UOM: LS Price: $10,000.00 Total: $10,000.00 1.12 Removal of Project Spoils Quantity: 75 UOM: CY Price: $70.00 Total: $5,250.00 1.13 Deck Removal Quantity: 1 UOM: LS Price: $2,500.00 Total: $2,500.00 2 Package Header Rock and Earthwork Materials Quantity: 1 UOM: EA Total: $40,505.00 Package Items 2.1 Top Soil Quantity: 85 UOM: CY Price: $25.00 Total: $2,125.00 2.2 Clay Quantity: 40 UOM: CY Price: $25.00 Total: $1,000.00 2.3 Structure Boulders Quantity: 150 UOM: Ton Price: $115.00 Total: $17,250.00 2.4 Stacked Revetment Beam Rock Quantity: 150 UOM: Ton Price: $115.00 Total: $17,250.00 2.5 River Cobble Quantity: 48 UOM: Ton Price: $60.00 Total: $2,880.00 Response Total: $169,645.95 Page 4 of 4 pages Vendor: Natural State Streams LLC Bid 24-46 Addendum 1 THE CINCINNATI INSURANCE COMPANY CONTRACTOR (Name, legal status and address): Natural State Streams, LLC 613 N PIERCE ST LITTLE ROCK, AR 72205 OWNER (Name, legal status and address): CITY OF FAYETTEVILLE 113 W MOUNTAIN ST FAYETTEVILLE, AR 72701 BOND AMOUNT: 5% of bid SURETY (Name, legal status and principal place of business): THE CINCINNATI INSURANCE COMPANY 6200 S. GILMORE ROAD FAIRFIELD, OHIO 45014-5141 This document has important legal consequences, Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. PROJECT (Name, location or address, and Project number, if any): Turnkey Construction of the Niokaska Creek Streambank Stabilization The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terns of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or (2) pays to the Owner the difference, not to exceed the amount of this Bond, 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. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not a ply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond the sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shalt be deemed to be Subcontractor and the tern Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted hcxefrom and provisions conforming to such statutory or other legal requirements shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this 31st day of October, 2024 Natural State Streams, LLC L i (Principal) (Seal) (Witness) L, i�� (Title) (Witness) THE CINCINNATI INSURANCE COMPANY (Surety) (Seal) (Title) Mary Ann Ju , Altomey-In act The Company executing this bond vouches that this document conforms to American Institute of Architects Document A310, 2010 Edition. S-2000-AIA (11/10) PUBLIC � � �� •v �• • ,•vv�v��•v� vv uu r•�• � THE CINCINNATI CASUALTY COMPANY Fairfield, Ohio POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That THE CINCINNATI INSURANCE COMPANY and THE CINCINNATI CASUALTY COMPANY, corporations organized under the laws of the State of Ohio, and having their principal offices in the City of Fairfield, Ohio (herein collectively called the "Companies"), do hereby constitute and appoint Paxton Clark, Graves Schmidly, Lisa McClure, Joshua Tritt, Suzanne Elizabeth Niedzwiedz, Mary Ann Justice, Shannon Schmidly, Elizabeth Solomon, Marty Clark, Scott Clark, of FORT SMITH, AR their true and legal Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and deliver on behalf of the Companies as Surety, any and all bonds, policies, undertakings or other like instruments, as follows: Twenty Million Dollars and 00/100 ($20,000,000.00) This appointment is made under and by authority of the following resolutions adopted by the Boards of Directors of The Cincinnati Insurance Company and The Cincinnati Casualty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED. that the President or any Senior Vice President be hereby authorized, and empowered to appoint Attorneys -in -Fact of the Company to execute any and all bonds, policies, undertakings, or other like instruments on behalf of the Corporation, and may authorize any officer or any such Attorney -in -Fact to affix the corporate seal; and may with or without cause modify or revoke any such appointment or authority. Any such writings so executed by such Attorneys -in -Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. RESOLVED, that the signature of the President or any Senior Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Secretary or Assistant Vice -President and the Seal of the Company may be affixed by facsimile to any certificate of any such power and any such power of certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS WHEREOF, the Companies have caused these presents to be sealed with their corporate seals, duly attested by their President or any Senior Vice President this 16th day of March, 2021. rARPORATE :!CORPORATE 'SEA L ' " S E A L' THE CINCINNATI INSURANCE COMPANY 0„1-1 � oRlo � THE CINCINNATI CASUALTY COMPANY STATE OF OHIO )SS COUNTY OF BUTLER On this 16th day of March, 2021 before me came the above -named President or Senior Vice President of The Cincinnati Insurance Company and The Cincinnati Casualty Company, to me personally known to be the officer described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of said Companies and the corporate seals and the signature of the officer were duly affixed and subscribed to said instrument by the authority and direction of said corporations. Keith C90tt, Attorney at Law Notary Public — State of Ohio My commission has no expiration date. Section 147.03 O.R.C. I, the undersigned Secretary or Assistant Vice -President of The Cincinnati Insurance Company and The Cincinnati Casualty Company, hereby certify that the above is the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Power of Attorney is still in full force and effect. Given under my hand and seal of said Companies at Fairfield, Ohio, this 31st day of October ,•.` 0.4",� =rS ESA L °•S ESA L i OHIO OHIO BN-1457 (3/21) , 2024 BID FORM Restoration at Niokaska Creek near Magnolia Drive Fayetteville, Arkansas 2024 TABLE OF CONTENTS Page Article1— Bid Recipient................................................................................................................................1 Article 2 — Bidder's Acknowledgements.......................................................................................................1 Article 3 — Bidder's Representations.............................................................................................................1 Article 4 — Bidder's Certification................................................................................................................... 2 Article5 — Basis of Bid................................................................................................................................... 3 Article6 —Time of Completion..................................................................................................................... 3 Article 7 —Attachments to this Bid............................................................................................................... 3 Article8 — Defined Terms.............................................................................................................................. 3 Article9 — Bid Submittal................................................................................................................................4 E1CDC® C-410, Bid Form for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page i ARTICLE 1— BID RECIPIENT 1.01 This Bid is submitted to: The City of Fayetteville, AR Purchasing Division — Suite 306 113 W. Mountain St Fayetteville, AR 72702 1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. ARTICLE 2 — BIDDER'S ACKNOWLEDGEMENTS 2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. ARTICLE 3 — BIDDER'S REPRESENTATIONS 3.01 In submitting this Bid, Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, and any data and reference items identified in the Bidding Documents, and hereby acknowledges receipt of the following Addenda: Addendum No. Addendum, Date Bid 24-46, Adddemdum #1 10/21/2024 B. Bidder has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfied itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and has satisfied itself as to all Laws and Regulations that may affect cost, progress, and performance of the Work. D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings. E1CDC® C-410, Bid Form for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 E. Bidder has considered the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and any Site -related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and (3) Bidder's safety precautions and programs. F. Bidder agrees, based on the information and observations referred to in the preceding paragraph, that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has given the Purchasing Division written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and confirms that the written resolution thereof by the Purchasing Division is acceptable to Bidder. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work. J. The submission of this Bid constitutes an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, and that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents. ARTICLE 4 — BIDDER'S CERTIFICATION 4.01 Bidder certifies that: A. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation; B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; C. Bidder has not solicited or induced any individual or entity to refrain from bidding; and D. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 4.01.D: 1. "corrupt practice" means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels; and E1CDC® C-410, Bid Form for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the a execution of the Contract. ARTICLE 5 — BASIS OF BID 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s): See online Project Manual for most up to date bid form. 5.02 Bidder acknowledges that (1) each Bid Unit Price includes an amount considered by Bidder to be adequate to cover Contractor's overhead and profit for each separately identified item, and (2) estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all unit price Bid items will be based on actual quantities, determined as provided in the Contract Documents. ARTICLE 6 —TIME OF COMPLETION 6.01 Bidder agrees that the Work will be substantially complete within 60 calendar days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions, and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 90 calendar days after the date when the Contract Times commence to run. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages. ARTICLE 7 — ATTACHMENTS TO THIS BID 7.01 The following documents are submitted with and made a condition of this Bid: A. Required Bid security; B. List of Proposed Subcontractors and qualifications; C. List of Proposed Suppliers (N/A); D. List of Project References; E. Evidence of authority to do business in the state of the Project; or a written covenant to obtain such license within the time for acceptance of Bids; F. Contractor's License No.: 0242470325 G. Required Bidder Qualification Statement with supporting data; and H. [List other documents and edit above as pertinent] ARTICLE 8 — DEFINED TERMS 8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. E1CDC® C-410, Bid Form for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 ARTICLE 9 — BID SUBMITTAL BIDDER: [Indicate legal name of bidding entity] Natural State Streams, LLC By: [Signature]/ [Printed name] Joshua Duzan (If Bidder is a corporation, a limited liability company, a partnership, or a joint venture, attach evidence of authority to sign.) Attest: [Signature] yyG� mil' [Printed name] Henry Duzan Title: Restoration Technician Submittal Date: 10/31/2024 Address for giving notices: 100 2nd Ave SE Gravette, AR 72736 TAX ID / EIN Number: 45-2138255 Telephone Number: 501-804-5004 Fax Number: N/A Contact Name and e-mail address: Joshua Duzan josh@naturalstatestreams.com Bidder's License No. SAM Unique Entity Identifier No.: 0242470325 HAS5AHW2KQ23 E1CDC® C-410, Bid Form for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 Summary Of Qualifications Natural State Streams, LLC (NSS) is a leader in stream and river restoration in Arkansas. We have been trusted by many state agencies, municipalities, and non-profit organizations in and around the state. We specialize in restoring the natural beauty and functionality of freshwater ecosystems and protecting lands and structures using eco- friendly materials and sustainable practices. As a trusted and respected leader in stream restoration in Arkansas, we are committed to preserving and enhancing the state's natural waterways. With our expertise and dedication, we strive to create healthy habitats for aquatic life while mitigating erosion and improving water quality. Our Team at NSS has completed many projects over the last five years, all of which display our talents, expertise, and attention to detail when carrying out each unique project. Per the bid requirements, three projects in particular display our skills in implementing various in -channel structures. These three projects are Osage Creek Natural Area Stream Restoration, Sager's Crossing Stream and Wetland Restoration, and Cloud Creek Stream and Wetland Mitigation. These three projects have demonstrated the ability to utilize cross -vanes, j-hooks, or similar structures to stabilize the channel and prevent further erosion. Project Name: Osage Creek Natural Area Stream Restoration Project Description: Working alongside project engineers, NSS completed the construction of stream and riparian Natural Channel Design restoration along approximately % of a mile of Ozark stream, building structures in a deep -water environment. Four stone cross vanes, four j-hook structures, step pools, several log features were all built to engineered specifications, withstanding multiple large flood events since project completion. Client: City of Rogers Project Lead Engineer & Permitting: Matt Van Eps, P.E. Organization: Watershed Conservation Resource Center (WCRC) Phone: (479)444-1916 Email: vaneps watershedconservation.org Project Manager: Matt Van Eps Construction Costs: $175,000 Project Location: Osage Creek Natural Area Rogers, AR 72758 (36.3111157 N,-94.1980866 W) Project Photos: 74, Photo 1. Osage Creek during construction. Overhead view shows multiple stone vanes and wood toe protection shorty after installation. SANY Mae Photo 2. Osage Creek cross vane during construction. Photo 4. Osage Creek Cross vane 3 years post construction Photo 5. Osage Creek Cross vave 3 years post construction Project Name: Sager's Crossing Stream & Wetland Project (Design & Build) Project Description: Utilizing Natural Channel Design methodologies, NSS developed the restoration plan, managed permitting, and constructed around '/2 mile of stream and riparian restoration along Sager Creek at the City of Siloam Springs' Sager's Crossing public golf course. Various streambank stabilization techniques were utilized, including stabilizing the waterway around cart path bridges using stone, native plantings, and bioengineering techniques. One J-hook structure, one cross -vane structure, and step - pools were constructed along with wood toe and stone toe protection and extensive native plantings. Client: Illinois River Watershed Partnership Project Ecologist/ Restoration Planner & Permitting: Joshua Duzan Organization: Natural State Streams Phone: (501)804-5004 Email: josh(a)_naturalstatestreams.com Project Manager: Travis Chaney (formerly Illinois River Watershed Partnership) City of Siloam Springs Parks & Recreation Manager Phone: (479)531-7707 Email: tchaney@siloamsprings.com Construction Costs: $335,000 Project Location: Siloam Springs Golf Course 801 N Country Club Rd Siloam Springs, AR 72761 Project Photos: Photo 4. Sager Creek stone toe protection and j-hook structure with step -pools 1 year post construction. Project Name: Cloud Creek Stream & Wetland Mitigation (Design & Build) Project Description: NSS completed this expansive design -build floodplain and stream restoration project on Cloud Creek near Eufaula, OK. Extensive bank stabilization efforts were implemented including longitudinal peak stone protection, stone cross vane riffles, step pools, and wood toe with vegetated bank -full bench establishment. Inter- connected wooded floodplain wetlands were established along with stabilization and boulder grade control constructed upstream of and protecting a county road bridge. Client: Terra Foundation Project Ecologist/ Restoration Planner & Permitting: Craig Gump Organization: Terra Foundation, Inc. Phone: (913)217-5808 Email: cgump@theterrafoundation.com Project Manager: Joshua Duzan Construction Costs: $550,000 Project Location: EO940 Rd. Muskogee, OK 74401 (35.6532246 N,-95.6356193 W) Project Photos: Photo 5. Cloud Creek stone toe protection after first major flood, several months post -construction. Photo 6. Above view of Cloud Creek stone toe protection after first major flood, several months post- construction. References Jake Owens Illinois River Watershed Partnership Phone: (501)-206-7365 Email: jake@irwp.org Craig Gump Organization: Terra Foundation, Inc. Phone: (913)217-5808 Email: cgump(c�theterrafoundation.com Sean Saunders Organization: Arkansas Game and Fish Commision Phone: (501)-765-9208 Email: sean.saunders@agfc.ar.gov Josh Duzan N�S Natural Slate Streams u.c Team Lead; Assessment & Design Support; Construction Cost Estimating Support; Construction Support; Monitoring and Maintenance Plan Support As the owner and founder of Natural State Streams, LLC, Josh has constructed more Years of Experience than 30 natural channel design stream restoration projects. He is a skilled heavy 16 equipment operator and project manager, but also brings a unique perspective to the build, having personally designed more than half of the projects he has built. Josh Education started his career in river restoration while working for The Nature Conservancy- BA, Biology, Hendrix Arkansas Chapter as the Cache River Project Manager and then statewide College, Conway, Arkansas Biohydrologist. Josh, who designed and built his first stream restoration project in Cotton Plant, Arkansas in 2006, has since developed extensive experience in the Certifications & Training implementation of stream restoration projects across the state of Arkansas and beyond. River Assessment and He is Level IV Rosgen-certified in Natural Channel Design and specializes in restoration Monitoring, Wildland planning, design, surveying, and construction as well as GIS modeling, mitigation, and Hydrology, Lubrecht Forest, geomorphic monitoring. Montana, 2007 Relevant Experience River Restoration and Natural Channel Design, TNC-Missouri Elk River Stream Bank Stabilization, McDonald County, MO Wildland Hydrology, Restored approximately 1,500 linear feet of cut bank along the Elk River. Moved Gunnison, Colorada, 2007 approximately 40,000 cubic yards of gravel to temporarily divert and reshape the river Applied Fluvial channel. Built out the bank approximately 120 feet back into the channel to improve the Geomorphology, Wildland river planform and reduce shear stress. Installed boulder and toe -wood bench utilizing Hydrology, Asheville, North 6,000 tons of boulders and hundreds of root wad/trees in deep water environment. Carolina, 2006 Constructed approximately 8,000 feet of soil lifts interspersed with 50,000 live brush layer cuttings. Graded and replanted floodplain with 1,300 seedlings and native seed. River Morphology and Over three years post construction, and through multiple overbank flood events, the Applications, Wildland project is still meeting its design objectives and serves as a model for other projects in Hydrology, Asheville, North the Ozarks. Carolina, 2006 IRWP-The Course at Sager's Crossing Stream and Wetland Restoration, Benton County, AR Restored approximately 2,500 linear feet of Sager Creek and constructed off -channel wetlands in the floodplain. Utilized stacked limestone boulders, wood -toe, soil lifts with live branch layering, in -stream rock structures, in -stream habitat enhancement, and riparian plantings. Construction was just completed on this project in April 2021, and within a week of completion there was a major over -bank flood on Sager Creek which inundated the golf course where the project is located. Despite the vegetation not yet being established, all seven banks targeted for restoration activities held and performed as designed. This project is ongoing with plantings anticipated to be completed in May 2021. Avon -White Lick Creek Streambank Restoration, Hendricks County, IN Restored approximately 340 feet linear feet of cut bank along White Lick Creek to enhance stream and riparian habitat and protect an eroding municipal pedestrian and biking trail. Built out bank approximately 30 feet back into the channel. Installed boulder toe utilizing 750 tons of limestone. Built approximately 2,600 linear feet of soil lifts interspersed with black willow live stakes and planted with native seed. NS Ben Reynolds — Restoration Ecologist, Natural State Streams, LLC Natural State Streamsuc Construction Lead; Surveying; Construction Cost Estimating Support; Monitoring and Invasives Management As a restoration ecologist for Natural State Streams, LLC, Ben has worked on more than 10 stream and wetland restoration projects. He is a skilled heavy equipment operator and project manager, but also brings a unique perspective to the build. Ben started his career as a private bat biologist conducting Section 7 ESA surveys for Indiana Myotis throughout Arkansas and West Virginia. After seven years in the wildlife ecology field, Ben went on to work for the Arkansas Natural Resources Commission as a Program Manager. Ben specialized in non -riparian permitting and stream restoration tax credits. At this time, Ben found his love for water resource management and ecological restoration. Ben began working for NSS in 2021 as a restoration technician where he has assisted in the construction of wetland and stream restoration projects in Oklahoma and Oklahoma. In his three years at NSS, Ben has since developed extensive experience in the implementation of restoration and mitigation projects and specializes in restoration implementation, surveying, native planting, invasive species management and construction. Relevant Experience Cane Creek Mitigation Site, Terra Foundation, Boynton, OK This project was the largest restoration project to date for NSS. The project consisted of over 2,000 linear feet of stream restoration and the creation of over 22 acres of emergent wetlands within the floodplain. This project reconnected the floodplain to Cane Creek after many years of agricultural use. NSS installed 4 large grade control structures within Cane Creek and planted over 15,000 bare root seedlings along the restored riparian corridor. Ben's primary role was as a wetland construction operator and led the team in invasive management and native seed establishment. This project was completed in 2022. Illinois River Watershed Partnership -Simmons Foods -Sager Creek Stream Restoration and Wetland Project, Siloam Springs, AR This project along Sager creek restored approximately 100 linear feet of Sager Creek and constructed an off -channel retention wetland within the floodplain. Utilized stacked limestone boulders, soil lifts with native riparian plantings. The one -acre retention wetland was constructed to help filter storm water before entering Sager Creek and was planted with over 4,000 native plugs. Construction was completed on this project in 2023 Years of Experience 15 Education MS, Wildlife Ecology, Arkansas Tech University, Russellville, Arkansas, 2008 Certifications & Training Hydric Soils Identification, 2016, AN RC. Watershed Management Best Management Practices, AN RC, 2017. Herbicide Application for Non -Agriculture, Arkansas Plant Board, 2023 Bat Conservation Management, Bat Conservation International, 2007 Za C h a ry Hays — Restoration Program Manager, Natural State Streams, LLC Project Manager; Surveying; Construction Cost Estimating; Quality Assurance Asa restoration ecologist for Natural State Streams, LLC, Zachary has worked on over 10 stream and wetland restoration projects. He is a skilled heavy equipment operator and project manager, but also brings a unique perspective to the build. Zachary started his career as a Soil Fertility Research Technician. After two years in the agriculture field, Zachary began working for NSS in 2021 as a restoration technician, where he assisted in constructing wetland and stream restoration projects in Oklahoma and Arkansas. In his three years at NSS, Zachary has since developed extensive experience in the implementation of restoration and mitigation projects and specializes in restoration implementation, surveying, and project management. Relevant Experience Cane Creek Mitigation Site, Terra Foundation, Boynton, OK This project was the largest restoration project to date for NSS. The project consisted of over 2,000 linear feet of stream restoration and creation of over 22 acres of emergent wetlands within the floodplain. After many years of agricultural use, this project reconnected the floodplain to Cane Creek. NSS installed 4 large grade control structures within Cane Creek and planted over 15,000 bare root seedlings along the restored riparian corridor. Zachary's primary role was as a streambank restoration operator, and they led the team in the construction of bank stabilization structures, as well as install of erosion control measures. Illinois River Watershed Partnership -Simmons Foods -Sager Creek Stream Restoration and Wetland Project, Siloam Springs, AR This project along Sager Creek restored approximately 100 linear feet of Sager Creek and constructed an off -channel retention wetland within the floodplain. Utilized stacked limestone boulders and soil lifts with native riparian plantings. The one -acre retention wetland was constructed to help filter stormwater before entering Sager Creek and was planted with over 4,000 native plugs. Construction was completed on this project in 2023. Zachary acted as project manager and team lead for the entire project, while also being lead operator for the streambank stabilization. NS Natural State Streams uc Years of Experience Education BS, Wildlife Ecology and Management, Arkansas State University, Jonesboro, Arkansas, 2017 Arkansas Secretary of State John Thurston State Capitol Building ♦ Little Rock, Arkansas 72201-1094 ♦ 501-682-3409 Certificate of Good Standing I, John Thurston, Secretary of State of the State of Arkansas, and as such, keeper of the records of domestic and foreign corporations, do hereby certify that the records of this office show NATURAL STATE STREAMS, LLC authorized to transact business in the State of Arkansas as a Limited Liability Company, filed Articles of Organization in this office May 5, 2011. Our records reflect that said entity, having complied with all statutory requirements in the State of Arkansas, is qualified to transact business in this State. In Testimony Whereof, I have hereunto set my hand and affixed my official Seal. Done at my office in the City of Little Rock, this 30th day of July 2024. C� s ��ti 04 finej�elr"112114A't-S- § a ionCode: 1452645d6fl88fc To verity the Author [a n Code, visit sos.arkansas.gov NHS Natural State Streams LLC ' City of Fayetteville Arkansas Purchasing Division 113 W. Mountain Fayetteville, AR 72701 Phone:479-575-8258 AFFADAVIT VERIFYING CORPORATE SIGNING AUTHOTITY I Joshua Duzan. MAKE OATH AND SAY Joshua Duzan Natural State Streams, LLC 100 2nd Ave SE Gravette, AR 72736 Phone:501-804-5004 I. That I am an officer and owner of Natural State Streams, LLC, named in the Operating Agreement of the company. 2. 1 am Authorized by the Corporation to sign bids and legal documents without affixing a corporate seal. 3. Natural State Streams, LLC is incorporated in the state of Arkansas. The state of formation is Arkansas. The official address is listed above. Thank you, Joshua Duzan Owner & Manager Natural State Streams, LLC 10/29/2024 License No. 0242470325 ID #3038 State of Arkansas Commercial Contractors Licensing Board NATURAL STATE STREAMS, LLC 613 N PIERCE ST LITTLE ROCK, AR 72205 This is to Certify That NATURAL STATE STREAMS, LLC is duly licensed under the provisions of Ark. Code Ann. § 17-25-101 et. seq. as amended and is entitled to practice Contracting in the State of Arkansas within the following classifications/specialties: SPECIALTY Grading & Drainage, Excavation This contractor has an unlimited suggested bid limit. from April 12, 2024 until March 31, 2025 When this Certificate expires. Witness our hands of the Board, dated at North Little Rock Arkansas: CHAIRMAN SECRETARY April 12, 2024 - dsa