HomeMy WebLinkAbout44-25 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 44-25
File Number: 2025-68
GRANT WRITING & DRAINAGE DESIGN SERVICES (SERVICE CONTRACT):
A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH OLSSON,
INC., PURSUANT TO RFQ 25-01, IN THE AMOUNT OF $70,900.00 TO PERFORM A DRAINAGE ANALYSIS
OF THE HAMESTRING CREEK WATERSHED, AND TO AUTHORIZE THE DEVELOPMENT AND
SUBMISSION OF APPLICATIONS FOR STATE AND FEDERAL GRANTS TO ADDRESS FLOODING
WHEREAS, on June 6, 2023, City Council approved Resolution 139-23 approving a contract with Freese and Nichols
to further research potential options to reduce flooding and aiding in the production of a grant application to seek funds
for scoping and implementation of the most feasible solution; and
WHEREAS, at that time, the Washington County Hazard Mitigation Plan was being updated and the City was not
eligible to apply for grant funds so the remaining funds on the contract were utilized to continue the analysis of options
to reduce flooding in the area; and
WHEREAS, the proposed drainage analysis would include localized drainage improvements in the area of West
Wedington Drive, North Porter Road and West Valley Drive, which could help reduce street flooding and property
damage; and
WHEREAS, the Washington County Hazard Mitigation Plan has now been approved by FEMA and adopted by the
City, which means the City is now eligible for grant funds available through the Arkansas Natural Resources
Commission and the Arkansas Department of Emergency Management.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Rawn to sign a
professional engineering services agreement with Olsson, Inc., pursuant to RFQ 25-01, Selection #3 in the amount of
$70,900.00 to perform a drainage analysis of the Hamestring Creek watershed and develop grant applications for
funding to address flooding issues in the area.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Rawn to submit any
grant applications that are identified and developed by Olsson, Inc. to the Federal Emergency Management Agency, the
Arkansas Department of Emergency Management, and the Arkansas Natural Resources Division.
PASSED and APPROVED on February 4, 2025
Page 1
Resolution: 44-25
File Number: 2025-68
Approved:
Molly Rawn, Mayor
Attest:
Kara Paxton, City Clerk Treasurer
Page 2
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF FEBRUARY 4, 2025
CITY COUNCIL MEMO
2025-68
TO: Mayor Rawn and City Council
THRU: Chris Brown, Public Works Director
FROM: Alan Pugh, Staff Engineer
SUBJECT: Approval of the engineering design services contract in the amount of $70,900 with
Olsson to perform a drainage analysis and develop a state and federal grant
application for the Hamestring Creek watershed pursuant to RFQ 25-01, selection #3,
including authorization for the Mayor to sign and submit the application to the
Federal Emergency Management Agency (FEMA) and the Arkansas Department of
Emergency Management (ADEM)
RECOMMENDATION:
Staff recommends approval of the engineering design services contract in the amount of $70,900 with Olsson
to perform a drainage analysis and develop a state and federal grant application for the Hamestring Creek
watershed pursuant to RFQ 25-01, selection #3, including authorization for the Mayor to sign and submit the
application to the Federal Emergency Management Agency (FEMA) and the Arkansas Department of
Emergency Management (ADEM)
BACKGROUND:
Due to continued flooding and in response to the May 2017 flood event, the City Council approved a contract
with FTN Associates in May of 2020 in order to research potential solutions to the flooding in the Hamestring
repetitive loss area (RLA). This study looked at several options including upstream detention and channel
improvements to determine if the flooding could be alleviated. This study ultimately did not yield any feasible
results. As a follow up to this initial study, the City Council approved a contract with Freese and Nichols in
June of 2023 to further research potential options to reduce flooding. As a portion of this contract, Freese and
Nichols were tasked with aiding the in the production of a grant application to seek funds for scoping and
ultimately implementation of the most feasible solution. However, the Washington County Hazard Mitigation
Plan was in process of being updated and until approved by FEMA and adopted by the City of Fayetteville, the
City was not eligible for grant funds. Due to this fact, the remaining funds on the contract were utilized to
continue the analysis of options to reduce flooding in the area. Unfortunately, no feasible options to reduce
flooding over the watershed have been identified.
DISCUSSION:
The proposed drainage analysis would include localized drainage improvements in the area of W Wedington
Dr, N Porter Road and W Valley Dr. These improvements could help reduce street flooding and property
damage. This combined with elevating or purchasing repetitive loss structures would reduce flood losses in
the area. The Washington County Hazard Mitigation Plan has recently been approved by FEMA and adopted
by the City of Fayetteville making the City eligible for these grant funds. The intent is to submit for both Flood
Mitigation Assistance funding with the Arkansas Natural Resources Division and Building Resilient
Infrastructure and Communities funding with the Arkansas Department of Emergency Management. Both
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
grants are ultimately submitted to the Federal Emergency Management Agency for review and are nationally
competitive. A third grant through ADEM could assist in the installation of any drainage improvements deemed
feasible to reduce the flooding. Olsson was chosen as a part of RFQ 25-01, selection #3 to continue the
drainage analysis and help write the grant applications.
BUDGET/STAFF IMPACT:
The total amount of grant funding being requested is anticipated to be approximately $1.5 million. If selected,
the City would be responsible for 25% of this amount or $375,000. The sales tax capital improvement would
be the proposed source for the matching funds. These funds are not required unless the grant is awarded and
approved by Council at the time of award.
ATTACHMENTS: SRF (#3) , Hamestring Creek Analysis and Grant Application (#4)
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
== City of Fayetteville, Arkansas
y 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
- Legislation Text
File #: 2025-68
Approval of the engineering design services contract in the amount of $70,900 with Olsson to
perform a drainage analysis and develop a state and federal grant application for the Hamestring
Creek watershed pursuant to RFQ 25-01, selection #3, including authorization for the Mayor to
sign and submit the application to the Federal Emergency Management Agency (FEMA) and the
Arkansas Department of Emergency Management (ADEM)
A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT
WITH OLSSON, INC., PURSUANT TO RFQ 25-01, IN THE AMOUNT OF $70,900.00 TO
PERFORM A DRAINAGE ANALYSIS OF THE HAMESTRING CREEK WATERSHED, AND TO
AUTHORIZE THE DEVELOPMENT AND SUBMISSION OF APPLICATIONS FOR STATE AND
FEDERAL GRANTS TO ADDRESS FLOODING
WHEREAS, on June 6, 2023, City Council approved Resolution 139-23 approving a contract with
Freese and Nichols to further research potential options to reduce flooding and aiding in the production
of a grant application to seek funds for scoping and implementation of the most feasible solution; and
WHEREAS, at that time, the Washington County Hazard Mitigation Plan was being updated and the
City was not eligible to apply for grant funds so the remaining funds on the contract were utilized to
continue the analysis of options to reduce flooding in the area; and
WHEREAS, the proposed drainage analysis would include localized drainage improvements in the area
of West Wedington Drive, North Porter Road and West Valley Drive, which could help reduce street
flooding and property damage; and
WHEREAS, the Washington County Hazard Mitigation Plan has now been approved by FEMA and
adopted by the City, which means the City is now eligible for grant funds available through the
Arkansas Natural Resources Commission and the Arkansas Department of Emergency Management.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Rawn
to sign a professional engineering services agreement with Olsson, Inc., pursuant to RFQ 25-01,
Selection #3 in the amount of $70,900.00 to perform a drainage analysis of the Hamestring Creek
watershed and develop grant applications for funding to address flooding issues in the area.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Rawn
to submit any grant applications that are identified and developed by Olsson, Inc. to the Federal
Page 1
Resolution: 44-25
File Number: 2025-68
Emergency Management Agency, the Arkansas Department of Emergency Management, and the
Arkansas Natural Resources Division.
Page 2
Chris Brown
Submitted By
City of Fayetteville Staff Review Form
2025-68
Item ID
2/4/2025
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
1/13/2025 ENGINEERING (621)
Submitted Date Division / Department
Action Recommendation:
Staff recommends approval of the engineering design services contract in the amount of $70,900 with Olsson to
perform a drainage analysis and develop a state and federal grant application for the Hamestring Creek watershed
pursuant to RFQ 25-01 including authorization for the Mayor to sign and submit the application to the Federal
Emergency Management Agency (FEMA) and the Arkansas Department of Emergency Management (ADEM)
4470.621.8810-5860.02
Account Number
02108.1
Project Number
Budgeted Item? Yes
Does item have a direct cost? Yes
Is a Budget Adjustment attached? No
Budget Impact:
Sales Tax Capital Improvement
Fund
Drainage Projects Other
Project Title
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
$ 474,149.00
$ 474,149.00
$ 70,900.00
403,249.00
V20221130
Purchase Order Number: Previous Ordinance or Resolution # 164-20; 139-23
Change Order Number: Approval Date:
Original Contract Number:
Comments:
AGREEMENT
For
PROFESSIONAL ENGINEERING SERVICES
Between
CITY OF FAYETTEVILLE, ARKANSAS
And
OLSSON INC.
THIS AGREEMENT is made as of Feb. 4 of 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.
Hamestring Creek Drainage Analysis — Professional Engineering Services
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. l .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 $70,900. 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
Hamestring Creek Drainage Analysis — Professional Engineering Services
be accompanied each month by the updated project schedule as the basis for determining the
value earned as the work is accomplished. Final payment for professional services shall be
made upon CITY OF FAYETTEVILLE's approval and acceptance with the satisfactory
completion of the study and report for the Project.
5.3 Payments
5.3.1 All statements are payable upon receipt and due within thirty (30) days. If a portion of
ENGINEER's statement is disputed by CITY OF FAYETTEVILLE, the undisputed portion
shall be paid by CITY OF FAYETTEVILLE by the due date. CITY OF FAYETTEVILLE
shall advise ENGINEER in writing of the basis for any disputed portion of any statement.
CITY OF FAYETTEVILLE will make reasonable effort to pay invoices within 30 days of
date the invoice is approved, however, payment within 30 days is not guaranteed.
5.4 Final Payment
5.4.1 Upon satisfactory completion of the work performed under this Agreement, as a condition
before final payment under this Agreement, or as a termination settlement under this
Agreement, ENGINEER shall execute and deliver to CITY OF FAYETTEVILLE a release of
all claims against CITY OF FAYETTEVILLE arising under or by virtue of this Agreement,
except claims which are specifically exempted by ENGINEER to be set forth therein. Unless
otherwise provided in this Agreement or by State law or otherwise expressly agreed to by the
parties to this Agreement, final payment under this Agreement or settlement upon termination
of this Agreement shall not constitute a waiver of CITY OF FAYETTEVILLE's claims
against ENGINEER or his sureties under this Agreement or applicable performance and
payment bonds, if any.
SECTION 6 - GENERAL CONSIDERATIONS
6.1 Insurance
6.1.1 During the course of performance of these services, ENGINEER will maintain (in United
States Dollars) the following minimum insurance coverages:
Tyne of Coverage
Workers' Compensation
Employers' Liability
Commercial General Liability
Bodily Injury and
Property Damage
Automobile Liability:
Bodily Injury and
Property Damage
Professional Liability Insurance
Limits of Liability
Statutory
$500,000 Each Accident
$1,000,000 Combined Single Limit
$1,000,000 Combined Single Limit
$1,000,000 Each Claim
Hamestring Creek Drainage Analysis — Professional Engineering Services
ENGINEER will provide to CITY OF FAYETTEVILLE certificates as evidence of the
specified insurance within ten days of the date of this Agreement and upon each renewal of
coverage.
6.1.2 CITY OF FAYETTEVILLE and ENGINEER waive all rights against each other and their
officers, directors, agents, or employees for damage covered by property insurance during
and after the completion of ENGINEER's services.
6.2 Professional Responsibility
6.2.1 ENGINEER will exercise reasonable skill, care, and diligence in the performance of
ENGINEER's services and will carry out its responsibilities in accordance with customarily
accepted professional engineering practices. CITY OF FAYETTEVILLE will promptly
report to ENGINEER any defects or suspected defects in ENGINEER's services of which
CITY OF FAYETTEVILLE becomes aware, so that ENGINEER can take measures to
minimize the consequences of such a defect. CITY OF FAYETTEVILLE retains all
remedies to recover for its damages caused by any negligence of ENGINEER.
6.3 Cost Opinions and Projections
6.3.1 Cost opinions and projections prepared by ENGINEER relating to construction costs and
schedules, operation and maintenance costs, equipment characteristics and performance, and
operating results are based on ENGINEER's experience, qualifications, and judgment as a
design professional. Since ENGINEER has no control over weather, cost and availability of
labor, material and equipment, labor productivity, construction Contractors' procedures and
methods, unavoidable delays, construction Contractors' methods of determining prices,
economic conditions, competitive bidding or market conditions, and other factors affecting
such cost opinions or projections, ENGINEER does not guarantee that actual rates, costs,
performance, schedules, and related items will not vary from cost opinions and projections
prepared by ENGINEER.
6.4 Changes
6.4.1 CITY OF FAYETTEVILLE shall have the right to make changes within the general scope of
ENGINEER's services, with an appropriate change in compensation and schedule only after
Fayetteville City Council approval of such proposed changes and, upon execution of a
mutually acceptable amendment or change order signed by the Mayor of the CITY OF
FAYETTEVILLE and the duly authorized officer of ENGINEER.
6.5 Termination
6.5.1 This Agreement may be terminated in whole or in part in writing by either party in the event
of substantial failure by the other party to fulfill its obligations under this Agreement through
no fault of the terminating party, provided that no termination may be effected unless the
other party is given:
6.5.1.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return
receipt requested) of intent to terminate,
6.5.1.2 An opportunity for consultation with the terminating party prior to termination.
Hamestring Creek Drainage Analysis — Professional Engineering Services
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 parry an agreement to complete the work under
this Agreement.
6.5.7 If, after termination for failure of ENGINEER to fulfill contractual obligations, it is
determined that ENGINEER had not failed to fulfill contractual obligations, the termination
shall be deemed to have been for the convenience of CITY OF FAYETTEVILLE. In such
event, adjustments of the agreement price shall be made as provided in Paragraph 6.5.4 of
this clause.
6.6 Delays
6.6.1 In the event the services of ENGINEER are suspended or delayed by CITY OF
FAYETTEVILLE or by other events beyond ENGINEER's reasonable control, ENGINEER
shall be entitled to additional compensation and time for reasonable costs incurred by
ENGINEER in temporarily closing down or delaying the Project.
Hamestring Creek Drainage Analysis — Professional Engineering Services
6.7 Rights and Benefits
6.7.1 ENGINEER's services will be performed solely for the benefit of CITY OF
FAYETTEVILLE and not for the benefit of any other persons or entities.
6.8 Dispute Resolution
6.8.1 Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes
between CITY OF FAYETTEVILLE and ENGINEER which arise from, or in any way are
related to, this Agreement, including, but not limited to the interpretation of this Agreement,
the enforcement of its terms, any acts, errors, or omissions of CITY OF FAYETTEVILLE or
ENGINEER in the performance of this Agreement, and disputes concerning payment.
6.8.2 Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate.
If timely Notice is given under Paragraph 6.8.3, but an action is initiated prior to exhaustion
of these procedures, such action shall be stayed, upon application by either party to a court of
proper jurisdiction, until the procedures in Paragraphs 6.8.3 and 6.8.4 have been complied
with.
6.8.3 Notice of Dispute
6.8.3.1 For disputes arising prior to the making of final payment promptly after the occurrence of
any incident, action, or failure to act upon which a claim is based, the party seeking relief
shall serve the other party with a written Notice.
6.8.3.2 For disputes arising within one year after the making of final payment, CITY OF
FAYETTEVILLE shall give ENGINEER written Notice at the address listed in
Paragraph 6.14 within thirty (30) days after occurrence of any incident, accident, or first
observance of defect or damage. In both instances, the Notice shall specify the nature
and amount of relief sought, the reason relief should be granted, and the appropriate
portions of this Agreement that authorize the relief requested.
6.8.4 Negotiation: Within seven days of receipt of the Notice, the Project Managers for CITY OF
FAYETTEVILLE and ENGINEER shall confer in an effort to resolve the dispute. If the
dispute cannot be resolved at that level, then, upon written request of either side, the matter
shall be referred to the President of ENGINEER and the Mayor of CITY OF
FAYETTEVILLE or his designee. These officers shall meet at the Project Site or such other
location as is agreed upon within 30 days of the written request to resolve the dispute.
6.9 CITY OF FAYETTEVILLE represents that it has sufficient funds or the means of obtaining
funds to remit payment to ENGINEER for services rendered by ENGINEER.
6.10 Publications
6.10.1 Recognizing the importance of professional development on the part of ENGINEER's
employees and the importance of ENGINEER's public relations, ENGINEER may prepare
publications, such as technical papers, articles for periodicals, and press releases, pertaining
to ENGINEER's services for the Project. Such publications will be provided to CITY OF
FAYETTEVILLE in draft form for CITY OF FAYETTEVILLE's advance review. CITY OF
FAYETTEVILLE shall review such drafts promptly and provide CITY OF
FAYETTEVILLE's comments to ENGINEER CITY OF FAYETTEVILLE may require
Hamestring Creek Drainage Analysis — Professional Engineering Services
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
parry at the following addresses:
CITY OF FAYETTEVILLE's address:
113 West Mountain Street
Fayetteville, Arkansas 72701
ENGINEER's address:
3537 N. Steele Boulevard Ste. 310
Fayetteville, Arkansas 72703
Hamestring Creek Drainage Analysis — Professional Engineering Services
6.14 Successor and Assigns
6.14.1 CITY OF FAYETTEVILLE and ENGINEER each binds himself and his successors,
executors, administrators, and assigns to the other party of this Agreement and to the
successors, executors, administrators, and assigns of such other party, in respect to all
covenants of this Agreement; except as above, neither CITY OF FAYETTEVILLE nor
ENGINEER shall assign, sublet, or transfer his interest in the Agreement without the written
consent of the other.
6.15 Controlling Law
6.15.1 This Agreement shall be subject to, interpreted and enforced according to the laws of the
State of Arkansas without regard to any conflicts of law provisions.
6.16 Entire Agreement
6.16.1 This Agreement represents the entire Agreement between ENGINEER and CITY OF
FAYETTEVILLE relative to the Scope of Services herein. Since terms contained in
purchase orders do not generally apply to professional services, in the event CITY OF
FAYETTEVILLE issues to ENGINEER a purchase order, no preprinted terms thereon shall
become a part of this Agreement. Said purchase order document, whether or not signed by
ENGINEER, shall be considered as a document for CITY OF FAYETTEVILLE's internal
management of its operations.
SECTION 7 - SPECIAL CONDITIONS
7.1 Additional Responsibilities of ENGINEER
7.1.1 CITY OF FAYETTEVILLE's review, approval, or acceptance of design drawings,
specifications, reports and other services furnished hereunder shall not in any way relieve
ENGINEER of responsibility for the technical adequacy of the work. Neither CITY OF
FAYETTEVILLE's review, approval or acceptance of, nor payment for any of the services
shall be construed as a waiver of any rights under this Agreement or of any cause of action
arising out of the performance of this Agreement.
7.1.2 ENGINEER shall be and shall remain liable, in accordance with applicable law, for all
damages to CITY OF FAYETTEVILLE caused by ENGINEER's negligent performance of
any of the services furnished under this Agreement except for errors, omissions or other
deficiencies to the extent attributable to CITY OF FAYETTEVILLE or CITY OF
FAYETTEVILLE-furnished data.
7.1.3 ENGINEER's obligations under this clause are in addition to ENGINEER's other express or
implied assurances under this Agreement or State law and in no way diminish any other
rights that CITY OF FAYETTEVILLE may have against ENGINEER for faulty materials,
equipment, or work.
7.2 Remedies
7.2.1 Except as may be otherwise provided in this Agreement, all claims, counter -claims, disputes
and other matters in question between CITY OF FAYETTEVILLE and ENGINEER arising
Hamestring Creek Drainage Analysis — Professional Engineering Services
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
Hamestring Creek Drainage Analysis — Professional Engineering Services
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:
By:
ENGINEER
Bv: o�-K
Lee Beshoner, PE, CFM
Title: Group Leader
City Clerk Treasurer, Kara Paxton
END OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
Hamestring Creek Drainage Analysis — Professional Engineering Services 10
SCOPE OF SERVICES
This exhibit is hereby attached to and made a part of the Letter Agreement for Professional
Services dated January 17, 2025, between 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: Along Hamesting Creek, near intersection of W Wedington Drive
and N Porter Road, Fayetteville, Arkansas
Project Description: Stormwater and Drainage Analysis
SCOPE OF SERVICES
Olsson shall provide the following services (Scope of Services) to Client for the Project:
Phase 100 Design Services
Project Management and Administration
Olsson shall provide the following services:
$5,500.00
• Conduct routine coordination with Client, including monthly invoicing and general
coordination calls with Client
• Coordination phone calls and up to three meetings with Client to discuss status and/or
results of Project. Additional meetings not specifically listed in Scope of Services will be
considered as Additional Services.
Data Collection
Olsson shall provide the following services:
$1,800.00
Gather and process publicly available topographic data (e.g., high resolution LiDAR,
Client -provided data, et cetera), in conjunction with available topographic survey data from
Client from prior studies, if available, in Project area, for use in development of hydrologic
and hydraulic models and representation of surface topography.
Meet in person with Client to identify and discuss known areas of flooding or concern in
Project area. If existing drainage reports or hydrologic and hydraulic modeling are
available for Project area, Olsson shall obtain information to determine what data, if any,
may be used in current Project.
Obtain and utilize existing hydrologic and hydraulic modeling developed as part of
previous Project within Hamesting Creek watershed for Project area.
Page 1 of 4
Stormwater Analysis and Modeling
Olsson shall provide the following services:
$10, 500.00
• Develop a 2-Dimensional (2D) hydraulic model for Project area. Hydraulic modeling shall
utilize rain -on -grid hydrologic methodology to develop existing conditions peak discharges
for 24-hour, 50-, 20-, 10-, 4-, 2-, 1-, and 0.2 percent annual chance events (2-, 5-, 10-, 25-
, 50-, 100-, and 500-year events).
o This approach allows for application of precipitation directly to topographic surface,
which will allow for identification of overland flow paths, locations and extents of
possible drainage improvements, and concentrated flooding areas
Once hydrologic and hydraulic models have been developed, Olsson shall review draft
results with Client to determine reliability of results. Based on meeting with Client, Olsson
shall make necessary alterations to modeling, if needed, to better reflect experienced
conditions. Analysis includes up to two scenario runs to achieve results like experienced
conditions. If additional model development is required, these tasks shall be performed as
Additional Services subject to approval by Client.
Evaluate up to three conceptual -level improvements relating to potential for reduction in
flood elevations, flood risk and floodplain mapping extents in Project area for storm event
determined above for post -Project model.
Compare with City's input, level of benefit that appears to be achievable for each
improvement. Flood risk reduction metrics used to evaluate post -Project model may
include but not limited to estimated decrease in flood elevations, reduction in
number/depth of flooded structures based on estimated finished floor elevations of
structures in inundation area, and reduction in instances/depth of roadway overtopping.
Report and Documentation
Olsson shall provide the following services:
$8,100.00
• Upon completion of stormwater analysis, Olsson shall prepare technical report with
supporting documentation for submission to Client, describing methods, procedures, and
results determined in analysis. Olsson shall meet with Client to discuss findings in depth.
Report will include appendices providing data from modeling needed to complete Federal
Emergency Management Agency (FEMA) Benefit Cost Analysis including:
o Flood depth reduction at each impacted property for each storm event modeled
o Creek flow rate reduction at each impacted property for each storm event modeled
o Creek flow line at each impacted property
o Flood depth reduction on impacted roadways for each storm event modeled
Address up to one set of Client comments within two weeks following receipt. If no
comments are received, Olsson shall consider documentation complete.
Page 2 of 4
Phase 200 Funding Strategy and Prioritization $45,000.00
Olsson shall provide the following services:
• FY2024 Building Resilient Infrastructure and Communities Program (BRIC)
o Prepare required application content for BRIC Capability and Capacity Building
(DEADLINE for submittal to State per Alan Pugh, PE, CFM)
■ SF-424, SF-424A, SF-424B
■ Scope of Services
■ Justification for Selection of proposed Project
■ Go/No-Go Milestones (PoP 36 months)
■ Itemized Cost estimate based on 75/25 split
o Final concepting and alternative planning
o Engineering and design of final concept
o National Environmental Policy Act (NEPA) requirements
o Administrative costs for client up to 10 percent of budget, inclusive
of sub applicant management costs (up to five percent)
■ Intergovernmental Review decision
■ Environmental and historic preservation review
■ Benefitting area map
■ Qualitative criteria
■ Technical evaluation criteria
o Assess, review, and compile all documentation necessary for application submittal
■ Application content (above) prepared by Olsson
■ Content provided by client (sent to Olsson by [DATE]):
o SF-LLL Disclosure of Lobbying Activities
o State Hazard mitigation Plan
o Attend one debrief meeting with Client after submittal
o Prepare Statement of Voluntary Participation for each proposed property to be
submitted post -award to FEMA
PROJECT TOTAL: $70,900.00
ASSUMPTIONS
• Coordination with other local, state or federal agencies that may have a regulatory
jurisdiction over Project area, such as Arkansas Natural Resources Division, U.S. Fish
and Wildlife, U.S. Army Corps of Engineers, et cetera. unless identified in Project scope
specifically. If required, coordination with other agencies shall be performed as Additional
Services.
• Applications and fees and/or permit applications, drainage reports, or fees for local, state,
or federal agencies that may have a regulatory jurisdiction over Project area, unless
identified in Project Scope of Services specifically. If required, this activity shall be
performed as Additional Services.
Page 3 of 4
• Client shall provide adequate access for Olsson to perform site reconnaissance, including
all authorizations to enter onto private property
• Client shall provide to Olsson copies of available existing drawings and maps (electronic
and/or hard copy) to be used to support analyses
• Hydrologic and hydraulic analyses will be performed for relevant contributing drainage
area of Project area only, with increased detail to be added to Client identified priority
areas
• Developing design alternatives, plans, bid document assistance, obtaining any permits, or
developing other documentation that may be required for construction. These services, if
required shall be performed as Additional Services under this agreement, or under a
separate, future agreement.
EXCLUSIONS
• It is not anticipated that survey data will be required for this analysis. If required, necessary
survey data will be provided by Client and shall be performed as Additional Services by
Olsson personnel. Information shall be certified by a registered Professional Surveyor in
State of Arkansas and shall be provided in a Horizontal Datum of NAD83, Arkansas State
Plane North Zone (US Survey Foot) and a Vertical Datum of NAVD 88.
Should Client request work in addition to Scope of Services, Olsson shall invoice Client for such
additional services (Optional Additional Services) at standard hourly billing labor rate charged for
those employees actually performing work, plus reimbursable expenses if any. Olsson shall not
commence work on Optional Additional Services without 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
SrHFni ll F
APPENDIX B
Schedule and Deliverables
Hamestring Creek Drainage Analysis
Fayetteville, Arkansas
Project Authorization TBD
Phase100
Phase 200
Phase 300
Phase 400
Phase 500
All dates are To Be Determined based on notice to proceed date.
DELIVERABLES
TBD 1 3 MONTHS
TBD 1 MONTH
TBD 1 MONTH
TBD 1 1 MONTH
TBD 1 2 MONTHS
Summary report describing findings with supporting documentation for submittal to CITY OF
FAYETTEVILLE, Arkansas, describing methods used and results determined in analysis.
Appendix B — Hamestring Creek Drainage Analysis — Professional Engineering Services
APPENDIX C
2025 Billing Rate Schedule
AR, KS, MO, NE, OK
Classification
2025 Billing Rate
$120
Assistant Engineer
$90
Assistant Scientist
$80
Assistant Technician
$135
Associate Engineer
$210
Associate Project Manager
$115
Associate Scientist
$90
Associate Technician
$225
Client Manager
$275
Client Relationship Manager
$135
Design Associate
$155
Design Technical Manager
$150
Engineer
$250
Group Leader
$230
Lead Engineer
$260
Lead Engineer II
$205
Lead Scientist
$170
Project Engineer
$225
Project Manager
$140
Project Planner
$150
Project Scientist
$125
Scientist
$190
Senior Engineer
$240
Senior Engineer II
$315
Senior Project Manager
$155
Senior Scientist
$270
Senior Team Leader
$110
Senior Technician
$70
Student Intern
$315
Technical Expert
olsson a
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
2of2
Chris Brown
Submitted By
City of Fayetteville Staff Review Form
2025-0254
Item ID
N/A
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
4/15/2025 ENGINEERING (621)
Submitted Date Division / Department
Action Recommendation:
Staff recommends the Mayor sign the Voluntary Participation Forms required as a portion of the grant submittal
and authorized in Resolution 44-25.
4470.621.8810-5860.02
Account Number
02108.1
Project Number
Budgeted Item? Yes
Does item have a direct cost? No
Is a Budget Adjustment attached? No
Budget Impact:
Sales Tax Capital Improvement
Fund
Drainage Projects Other
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$ 473,540.00
$ 149,451.58
324,088.42
324,088.42
V20221130
Purchase Order Number: Previous Ordinance or Resolution # 44-25
Change Order Number: Approval Date:
Original Contract Number:
Comments:
CITY OF
_ FAYETTEVILLE
ARKANSAS
TO: Mayor Molly Rawn
THRU: Keith Macedo, Chief of Staff
Chris Brown, Public Works Director
FROM: Alan Pugh, Staff Engineer
DATE: April 15, 2025
STAFF MEMO
SUBJECT: Staff requests Mayor's signature on the Voluntary Participation Forms
required as a portion of the grant submittal.
RECOMMENDATION:
Staff recommends the Mayor sign the Voluntary Participation Forms required as a portion of the
grant submittal and authorized in Resolution 44-25.
BACKGROUND:
Due to continued flooding and in response to the May 2017 flood event, the City Council has
approved multiple contracts to investigate how to relieve flooding in the Hamestring Creek area
just upstream of 1-49. Unfortunately, no feasible solutions have been identified to date.
Although one last option is being explored, the City Council has also authorized a grant
submittal to FEMA for Flood Mitigation Assistance. Within Resolution 44-25, the Council also
authorized Mayor Rawn to sign the necessary forms required in the grant submission.
DISCUSSION:
The grant requires voluntary participation from the owners of the homes being considered for
purchase. This is verified through the submission of a Voluntary Participation Form for each of
the residents. Although 7 residents were considered for the program, only 3 completed and
returned the voluntary participation form. Those forms are attached for the Mayor's signature
prior to submittal to FEMA. We do anticipate possibly one more but that one will be sent
separately when it is submitted by the owner.
BUDGET/STAFF IMPACT:
The total amount of grant funding being requested is anticipated to be approximately $1.5
million. If selected, the City would be responsible for 25% of this amount or $215,000. The
sales tax capital improvement would be the proposed source for the matching funds. These
funds are not required unless the grant is awarded and approved by Council at the time of
award.
Attachments:
Resolution 44-25
Voluntary Participation Forms
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Form II-9, Statement of Voluntary Participation
Statement of Voluntary Participation
THis AGREEMENT is made and entered into this 10 day of April , 2025 , by and
betweencity of Fayettevillehereinafter referred to as "Sub -grantee," by its authorized agent,
Mayor Molly Rawn , and Alyssa Buchanan , hereinafter referred to as "Seller." The parties agree
as follows: A essan ra Brown and
Herbert Lee Buchanan, Jr
Seller affirms that he/she/they is/are the owner/owners of property located at
2425 W Valley Dr , hereinafter referred to as "property."
2. Sub -grantee has notified Seller that the Sub -grantee may wish to purchase property, and, if
Seller agrees to sell, Seller must permanently relocate from property.
3. Sub -grantee has notified Seller that it believes the fair market value (FMV) of property, as of
February 27, 2025 is $ $297,00o as determined by appropriate valuation procedures
publicized and implemented by Sub -grantee.
4. Sub -grantee has notified Seller that Seller is not required to sell property and Sub -grantee
will not use its power of eminent domain for the purpose of this acquisition project to acquire
property if Seller chooses not to sell it.
5. Sub -grantee has notified Seller that if Seller agrees to sell property to Sub -grantee, such a
transaction is voluntary. Consequently, Seller is not entitled to relocation benefits provided
by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,
which are available to property owners who must sell their properties involuntarily.
6. Sub -grantee affirms that it has provided the notifications and explained the information
described in the preceding paragraphs, and property identified above is not a part of an
intended, planned, or designated project area where all or substantially all of the property
within the area is to be acquired within specific time limits.
7. This Agreement shall expire on May 1, 2026 , unless iSeller has voluntarily sold property
to Sub -grantee by that date.
Property Owe ig re ` Date
i
/I
P,Fo W Btv Owner Si6naffllaa Date
Sub -grantee's Authorized Agent Signature Date
Page 1 of 1
Form II-9, Statement of Voluntary Participation
Statement of Voluntary Participation
THis AGREEMENT is made and entered into this 10 day of April , 2025 , by and
betweencity of Fayettevillehereinafter referred to as "Sub -grantee," by its authorized agent,
Mayor Molly Rawn , and Alyssa Buchanan , hereinafter referred to as "Seller." The parties agree
as follows: A essan ra Brown and
Herbert Lee Buchanan, Jr
1. Seller affirms that he/she/they is/are the owner/owners of property located at
2425 W Valley Dr , hereinafter referred to as "property."
2. Sub -grantee has notified Seller that the Sub -grantee may wish to purchase property, and, if
Seller agrees to sell, Seller must permanently relocate from property.
3. Sub -grantee has notified Seller that it believes the fair market value (FMV) of property, as of
February 27, 2025 is $ $297,00o as determined by appropriate valuation procedures
publicized and implemented by Sub -grantee.
4. Sub -grantee has notified Seller that Seller is not required to sell property and Sub -grantee
will not use its power of eminent domain for the purpose of this acquisition project to acquire
property if Seller chooses not to sell it.
5. Sub -grantee has notified Seller that if Seller agrees to sell property to Sub -grantee, such a
transaction is voluntary. Consequently, Seller is not entitled to relocation benefits provided
by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,
which are available to property owners who must sell their properties involuntarily.
6. Sub -grantee affirms that it has provided the notifications and explained the information
described in the preceding paragraphs, and property identified above is not a part of an
intended, planned, or designated project area where all or substantially all of the property
within the area is to be acquired within specific time limits.
7. This Agreement shall expire on May 1, 2026 , unless iSeller has voluntarily sold property
to Sub -grantee by that date.
Property Owe ig re' Date
i
/I
PFo M Owr-- " `-` Date
4/24/2025
Sub -grantee's Authorized Agent Signature Date
Page 1 of 1
Alan Pugh
Submitted By
City of Fayetteville Staff Review Form
2025-0148
Item ID
N/A
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
3/14/2025 ENGINEERING (621)
Submitted Date Division / Department
Action Recommendation:
Staff requests that the Mayor sign the Flood Mitigation Assistance (FMA) Grant application authorized by resolution
44-25
Budget Impact:
4470.621.8810-5860.02 Sales Tax Capital Improvement
Account Number
02108.1
Project Number
Budgeted Item? No
Does item have a direct cost? No
Is a Budget Adjustment attached? No
Fund
Drainage Projects Other
Project Title
Total Amended Budget
$ -
Expenses (Actual+Encum)
$ -
Available Budget
Item Cost
$ -
Budget Adjustment
$ -
Remaining Budget
V20221130
Purchase Order Number: Previous Ordinance or Resolution # 144-25
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
FROM: Alan Pugh, Staff Engineer
DATE: March 14, 2025
STAFF MEMO
SUBJECT: Staff requests that the Mayor sign the Flood Mitigation Assistance (FMA)
Grant application authorized by resolution 44-25
RECOMMENDATION:
Staff recommends the Mayor sign the Flood Mitigation Assistance (FMA) Grant application
authorized by resolution 44-25
BACKGROUND:
Due to continued flooding and in response to the May 2017 flood event, the City Council
approved a contract with FTN Associates in May of 2020 to research potential solutions to the
flooding in the Hamestring repetitive loss area (RLA). This study looked at several options
including upstream detention and channel improvements to determine if the flooding could be
alleviated. This study ultimately did not yield any feasible results. As a follow up to this initial
study, the City Council approved a contract with Freese and Nichols in June of 2023 to further
research potential options to reduce flooding. As a portion of this contract, Freese and Nichols
were tasked with aiding in the production of a grant application to seek funds for scoping and
ultimately implementation of the most feasible solution. However, the Washington County
Hazard Mitigation Plan was in process of being updated and until approved by FEMA and
adopted by the City of Fayetteville, the City was not eligible for grant funds. Due to this fact, the
remaining funds on the contract were utilized to continue the analysis of options to reduce
flooding in the area.
DISCUSSION:
Resolution 44-25 authorized staff to enter into an agreement with Olsson to both study one final
option for reduction in flooding along Valley Dr and draft a grant application to purchase the
properties should that option not yield acceptable results. While the preliminary results from this
option do indicate that it could reduce flooding to the point where a purchase may not be
required on a few of the properties, others still would continue to flood. For that reason, staff is
recommending the submittal of the grant application to the Department of Agriculture Natural
Resource Division for preliminary review and comment prior to the April deadline for the grant.
There is a potential that this grant will ultimately not be submitted to FEMA depending on the
finalized results of the drainage study. If the drainage study yields acceptable results, staff will
begin pursuing funding options for capital improvements to the area to implement those
solutions identified. However, due to the short time frame for the grant application, both
solutions are being pursued concurrently.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
BUDGET/STAFF IMPACT:
No funding is required at this time
Attachments:
Resolution 44-25
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 44-25
File Number: 2025-68
GRANT WRITING & DRAINAGE DESIGN SERVICES (SERVICE CONTRACT):
A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH OLSSON,
INC., PURSUANT TO RFQ 25-01, IN THE AMOUNT OF $70,900.00 TO PERFORM A DRAINAGE ANALYSIS
OF THE HAMESTRING CREEK WATERSHED, AND TO AUTHORIZE THE DEVELOPMENT AND
SUBMISSION OF APPLICATIONS FOR STATE AND FEDERAL GRANTS TO ADDRESS FLOODING
WHEREAS, on June 6, 2023, City Council approved Resolution 139-23 approving a contract with Freese and Nichols
to further research potential options to reduce flooding and aiding in the production of a grant application to seek funds
for scoping and implementation of the most feasible solution; and
WHEREAS, at that time, the Washington County Hazard Mitigation Plan was being updated and the City was not
eligible to apply for grant funds so the remaining funds on the contract were utilized to continue the analysis of options
to reduce flooding in the area; and
WHEREAS, the proposed drainage analysis would include localized drainage improvements in the area of West
Wedington Drive, North Porter Road and West Valley Drive, which could help reduce street flooding and property
damage; and
WHEREAS, the Washington County Hazard Mitigation Plan has now been approved by FEMA and adopted by the
City, which means the City is now eligible for grant funds available through the Arkansas Natural Resources
Commission and the Arkansas Department of Emergency Management.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Rawn to sign a
professional engineering services agreement with Olsson, Inc., pursuant to RFQ 25-01, Selection #3 in the amount of
$70,900.00 to perform a drainage analysis of the Hamestring Creek watershed and develop grant applications for
funding to address flooding issues in the area.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Rawn to submit any
grant applications that are identified and developed by Olsson, Inc. to the Federal Emergency Management Agency, the
Arkansas Department of Emergency Management, and the Arkansas Natural Resources Division.
PASSED and APPROVED on February 4, 2025
Page 1
Resolution: 44-25
File Number: 2025-68
Approved:
* �0�
Molly Rawn, Mayor
Attest:
A� 15s.
Kara Paxton, City Clerk Treasurer
Page 2
ARKANSAS DEPARTMENT OF AGRICULTURE
NATURAL RESOURCES DIVISION
FLOOD MITIGATION ASSISTANCE GRANT PROGRAM
FY 2025 NOTICE OF INTENT NATURAL RESOURCES
DIVISION
DEADLINE FOR SUBMITTAL TO ADA-NRD
MARCH 17, 2025
11. APPLICANT INFORMATION
Community Name: City of Fayetteville
Community Contact
Name and Title: Alan Pugh, Staff Engineer
Address: 113 West Mountain Street
Fayetteville, AR 72701
Phone: (479) 575-8208
Email: apugh@fayetteville-ar.gov
II. MITIGATION PLAN
County: Washington
Is the jurisdiction covered by a current FEMA approved Mitigation Plan? Z YES ❑ NO
Name of Plan: Washington County Hazard Mitigation Plan Plan Approval Date: 11/19/24
Type of Plan: p Local Multi -Jurisdictional Multi -hazard Mitigation Plan
❑ Local Multi -hazard Mitigation Plan
Describe how the proposed activity relates to or is consistent with the FEMA-approved mitigation plan.
3oal 4 of the Washington County Hazard Mitigation Plan is to "Minimize the threat to lives and property from
looding". For the City of Fayetteville, `Drainage' is identified as a key mitigation action/project type for flood
'nitigation. Hamstring Creek Flood Mitigation is an identified flood mitigation project in the Washington County
-iazard Mitigation Plan.
IF YOUR COMMUNITY IS NOT PART OF AN APPROVED MITIGATION PLAN,
A!a YOU CAN NOT SUBMIT AN NOI. CONTACT NRD IF YOU HAVE ANY QUESTIONS.
I III. PROJECT BACKGROUND I
PROJECTTITLE: Hamstring Creek Flood Mitiqation
PROJECT LOCATION (latitude and longitude): 36.07948039298903,-94.19419387857877
SPECIFIC AREA AFFECTED BY THE PROJECT (County/City/Subdivision/Street):
One the next page, provide a detailed description of the proposed project's location (e.g. municipality, street address,
major intersecting streets and other important landmarks). Please attach supporting documentation such as maps that
clearly identify the location and critical features to the project such as topography, waterways, adjacent community
boundaries, etc. and mark your project site on the FIRM/DFIRM/FHBM (even if it is out of the floodplain).
I III. PROJECT BACKGROUND I
DESCRIPTION OF SPECIFIC AREA AFFECTED BY THE PROJECT:
The proposed project is located in the City of Fayetteville, AR along Valley Dr. and W Megan Dr. in West
Fayetteville. A total of seven (7) properties are affected. The addresses of the subject properties are 2400,
2401, 2425, 2426, 2440, and 2445 Valley Dr. and 2577 W. Megan Dr. The major intersecting road is N. Pc
Road. Attached to this NOI is the FIRM map outlining the project location.
PROJECT TYPE/ MITIGATION ACTIVITY:
Pick the ONE option that best fits your proposed project. You cannot pick multiple project types! You can, however,
submit multiple proposals, one for each project type. If you are unable to identify the correct project type, please contact
NRD for guidance.
#
PROJECT TYPE
CLASS*
1
Property Acquisition and Structure Demolition/Relocation
IFM
2
Non-structural Retrofitting of Existing Buildings and Facilities
IFM
3
Structure Elevation
IFM
4
Mitigation Reconstruction
IFM
5
Dry Floodproofing of Historic Residential Structures or Non-residential Structures
IFM
6
Structural Retrofitting of Existing Buildings
IFM
7
Floodwater storage and diversion (bioretention ponds, detention ponds, bioswales, surface grading,
outfalls, etc.)
LFRR
8
Stormwater management (upsizing/expanding storm sewers, Municipal Separate Storm Sewer
System (MS4), culverts, catch basins, increased green infrastructure and pervious surfaces, etc.)
LFRR
9
Floodplain, wetland, marsh, and riverine restoration and protection (restoring natural ecosystem
functions, bulkheads, pump stations)
LFRR
10
Other combination of green, gray Infrastructure and nature -based solutions
LFRR
11
Localized flood control projects with co -benefits to other hazards, social, and environmental
benefits
LFRR
12
Multi -Hazard Plan
CA CB
13
Project Scoping: Localized Flood Risk Reduction
CA CB
14
Project Scoping: Individual Flood Mitigation
CA CB
15
Partnership Development
CA CB
16
Enhancing Local Floodplain Management
CA CB
17
Severe Repetitive Loss/Repetitive Loss Strategy Plan Development
CA CB
* IFM Individual Flood Mitigation
LFRR Localized Flood Risk Reduction
CA CB Capability and Capacity Building
Page 2 of 8
I III. PROJECT BACKGROUND I
BRIEFLY DESCRIBE THE NEED FOR THIS ACTIVITY. WHY SHOULD THIS MITIGATION ACTIVITY BE COMPLETED?
This project will prevent future damages caused by repeated flooding of the Hamstring Creek, inundating
nearby residential properties. Of the 7 targeted structures, 5 are fully or partially within the 1 % Annual Chance
Flood Hazard while 2 are fully or partially within the Regulatory Floodway. Without the requested funding,
these properties will continue to experience flood damage, and potentially total loss in an extreme flood
event, risking lives and reducing the utility of properties while increasing the financial burden to owners,
insurers, and emergency response organizations.
Number of INDIVIDUALS this project will protect: 21
Number of STRUCTURES this project will protect: 7
Does this project benefit Severe Repetitive Loss or Repetitive Loss structures? 0 YES ❑ NO
If yes, please provide the number of structures that will benefit: 4
Does the project protect a critical facility? If yes, please explain. ❑ YES M NO
IV. SCOPE OF WORK
PROVIDE A DETAILED DESCRIPTION OF THE PROJECT. HOW WILL THE MITIGATION ACTIVITY BE IMPLEMENTED? WHAT ARE YOU
PROPOSING TO DO? (Attach additional documentation if necessary)
This project proposes to acquire 7 residential properties with significant flood risk from the Hamstring Creek.
All identified properties are currently NFIP insured. Acquired structures will be demolished, the parcels
regraded to return the property to an overflow and detention area that more closely resembles the natural
flood boundaries of the Creek while utilizing nature -based solutions and native vegetation to establish habitat
and public green space to be enjoyed by the community outside of flood events.
Hamstring Creek has historically experienced significant flooding events, which have resulted in repeated
damages to homes, economic losses, and safety risks for residents. The targeted properties are located
within the floodway or flood -prone areas, making them highly vulnerable to future flood events. Through this
project, the City of Fayetteville aims to enhance community resilience, decrease reliance on federal disaster
recovery funds, and improve the overall floodplain management within the watershed.
The project will be implemented in several key phases to ensure a smooth and efficient process:
Property Identification & Outreach
The city has identified seven residential properties that have experienced repetitive flooding. These properties
are located in areas that have been deemed high -risk by FIRM maps and past flood damage assessments.
(See attached FIRM map) Outreach efforts will engage homeowners and tenants, providing detailed
information about the acquisition process, compensation, and relocation assistance.
Voluntary Property Acquisition
Participation in the buyout program will be voluntary, with eligible homeowners receiving fair market value for
their properties based on pre -flood conditions. The city has already conducted property appraisals. During
project implementation, the city will negotiate buyouts and finalize purchase agreements.
Continue on next page if needed.
Page 3 of 8
IV. SCOPE OF WORK
Detailed description continued.
Demolition & Site Clearance
Once acquired, structures on these properties will be demolished and properly disposed of in compliance with
environmental regulations, including cultural resource monitoring for any cultural artifacts unearthed during
the demolition and site restoration process. Utilities and infrastructure will be disconnected, and debris will be
removed to ensure the site is free of hazards.
Displaced residents will be supported with relocation assistance, including temporary housing solutions,
moving cost coverage, and counseling services for alternative housing options. Coordination with local
housing agencies will ensure displaced homeowners have access to suitable, safe, and affordable relocation
opportunities.
Floodplain Restoration & Conservation
The acquired properties will be deed -restricted for open space use in perpetuity, preventing future
development. Natural vegetation will be restored to enhance the floodplain's capacity to absorb floodwaters,
reduce erosion, and improve water quality. The city may consider developing green infrastructure solutions
such as wetlands, native plant restoration, or storm water retention areas to further mitigate flood risk.
TECHNICAL FEASIBILITY:
Describe how the project is technically feasible and will be effective in reducing the risk by reducing or eliminating damages
to property and/or loss of life in the project area. Please include engineering design parameters and references to the
following: preliminary schematic or engineering drawings/design; applicable building codes, engineering practices and/or
best practices; level of protection (e.g., life safety, 100-yr flood protection with freeboard, etc.).
The City of Fayetteville' s proposed flood mitigation project is a technically feasible and highly effective
approach to reducing structural flood risk and repetitive loss in the Hamstring Creek watershed. By acquiring,
demolishing, and relocating residents from seven flood -prone properties, the project directly eliminates the
cycle of repetitive flood damage, safeguarding both property and lives. This approach is a widely accepted
best practice in floodplain management, as it permanently removes vulnerable structures from areas as a
high risk of inundation.
The feasibility of this project is grounded in its straightforward implementation process. The removal of the
structures from the floodplain eliminates property damage, reducing the financial burden on homeowners, the
National Flood Insurance Program, and disaster relief programs. The Hamstring creek watershed
experienced significant flooding in the Spring 2011, 2017, and 2022 resulting in significant property damages.
By proactively removing homes from this flood prone area, the project minimizes the need for future
insurance payments.
WILL THE PROJECT ADDRESS THE HAZARDS IDENTIFIED? ® YES ❑ NO
WHAT RISKS WILL REMAIN FROM ALL HAZARDS AFTER PROJECT IMPLEMENTATION (RESIDUAL RISK)?
The proposed mitigation project will significantly reduce flood risk in the Hamstring Creek watershed by
permanently removing 7 flood -prone properties and restoring natural floodplain. However, while this effort will
mitigate the most immediate threats to property and human safety, some residual risks will remain. These risk
stem from broader environmental factors, future climate conditions, and the inherent unpredictability of
natural disasters.
WHO WILL COMPLETE (CONDUCT AND IMPLEMENT) THE MITIGATION PROJECT?
City of Fayetteville
WHO WILL MANAGE THE MITIGATION PROJECT?
City of Fayetteville
Page 4 of 8
IV. SCOPE OF WORK
EXPLAIN WHY THIS PROJECT IS THE BEST ALTERNATIVE. WHAT ALTERNATIVES WERE CONSIDERED TO ADDRESS THE RISK AND
WHY WAS THE PROPOSED ACTIVITY CONSIDERED THE BEST ALTERNATIVE?
Alternatives considered to mitigate flood risk to the selected properties include raising the structures and
constructing a levee along the Creek to prevent water topping the banks from flowing south onto the project
area. Raising the structures proposed some challenges due to the age and condition of several of the homes.
In addition, although the structure would be provided some protection against damage during flood events,
raising the structure would still allow flood waters to flow around the footings and foundations — potentially
causing instability and long-term maintenance issues. If the structures were to be raised and still utilized for
residences, the risk to individuals of becoming trapped in their homes, unable to leave during flood events
and of emergency services being unable to reach them would remain.
Although construction of a levee or other structure to divert and further channelize flood waters would protect
the residences in the project area, cost of construction and long-term maintenance is prohibitive. Such a
structure also increases the risk of exacerbating flooding downstream, whereas creating a natural detention
area for flood water to dissipate slows currents that contribute to damages, reduces overall flood water
volume downstream of the project area, and creates a nature -based solution that enriches habitat and wildlife
diversity while providing Fayetteville residents sustainable, low impact recreation opportunities.
Of the structures within the project area, 3 are uninsured and not eligible for the FMA program and are not
WHO WILL PERFORM LONG-TERM MAINTENANCE?
City of Fayetteville
WHAT IS THE MAINTENANCE SCHEDULE AND COST?
Once the proposed scope of work has been completed, the acquired properties will be permanently
designated as open space in accordance with FEMA' s flood mitigation guidelines. As a result, long-term
maintenance will primarily focus on ensuring that the restored floodplain remains functional, safe, and free of
obstructions that could impede water flow. The City of Fayetteville will be responsible for ongoing monitoring
and upkeep, ensuring compliance with deed restrictions and local floodplain management policies.
The long-term maintenance plan for these properties will include the following key activities:
V. COST EFFECTIVENESS
WHAT IS THE BCA FOR THIS PROJECT? 1.01
HOW WAS THE BCA (COST-EFFECTIVENESS) DETERMINED FOR THIS PROPERTY?
0 FEMA's Benefit Cost analysis (BCA) Tool PLEASE CHECK WITH ADA-NRD BEFORE
❑ Greatest Savings to the Fund (GSTF) COMPUTING COST EFFECTIVENESS.
❑ Pre -calculated Benefits
❑ Substantial Damage in Special Flood Hazard Area (SFHA) - for acquisition only
❑ Other
If Other, please specify:
Page 5 of 8
VI. WORK SCHEDULE
PLEASE LIST ALL TASKS NECESSARY TO IMPLEMENT THIS PROJECT, THE DURATION FOR EACH TASK, AND WHO WILL COMPLETE IT.
INDICATE UNIT OF TIME FOR WORK SCHEDULE: ❑ DAYS ❑ WEEKS 19 MONTHS ❑ YEARS
DESCRIPTION OF TASKS
STARTING
POINT
DURATION
WORK TO BE COMPLETED BY
Appraisals
2/1/25
1
City of Fayettevlle
Property Owner Engagement: Statements of Voluntary Participation
4/1/25
1
City of Fayetteville
Grant Application to FEMA/Grant Award/Grant Contract Negotiations &
Obligation
3/17/25
12
City of Fayetteville
Property Purchase Negotiations
5/1/26
3
City of Fayetteville
SHPO/THPO Environmental Review, Cultural and Historical Assessment, Site
Design/Grading Plan
5/1/26
6
City of Fayetteville
Purchase Closing
9/1/26
1
City of Fayetteville
Relocation Assistance
10/1/26
1
City of Fayetteville
Demolition and Site Development
11/1/26
5
Procured Contractor
Reforestation and Stabilization
4/1/27
2
Procured Contractor
VII. COST ESTIMATE
Please provide an estimate of the cost to complete this project.
ITEM OR TASK
QUANTITY
UNIT OF MEASURE
UNIT COST ($)
COST ESTIMATE
Property Acquisition
See Apprailsals
7.00
$ 247,428.28
$ 1,731,997.96
Title Work/Closing Costs
Per Property
7.00
$ 5,000.00
$ 35,000.00
Civil, Environmental, and Site Design
Per Property
7.00
$ 16,000.00
$ 112,000.00
Relocation Assistance
Per Property
7.00
$ 25,711.00
$ 179,977.00
Utility Disconnection, Site Clearing, Demolition and Debris Removal, Land Grading,
Per Property
and Reforestation and Erosion Control
7.00
$ 36,429.00
$ 255,003.00
Legal Costs
Per Property
1.00
$ 100,000.00
$ 100,000.00
Public Outreach and Community Meetings
Lump Sum
1.00
$ 15,000.00
$ 15,000.00
Cultural Resource Monitoring
Lump Sum
1.00
$ 25,000.00
$ 25,000.00
Project Coordination/Project Management (5% of all other costs) & Contingency (15%
Lump Sum
of all other costs)
1.00
$ 487,046.00
$ 487,047.00
Total Cost Estimate:
$ 2,941,024.96
Page 7 of 8
VIII. COST SHARE
The default cost share is 75% Federal/25% Non-
Federal. Contact NRD if you believe you may be
eligible for a higher Federal cost -share.
SHARE
(IN DOLLARS)
SHARE
(PERCENT OF TOTAL)
Proposed Federal Share
$ 2,205,769.00
75.00
Proposed Non -Federal Share
$ 735,256.00
25.00
Total
$ 2,941,025.00
100
(Total should equal cost estimate) (Total should equal 100%)
All information in this Notice of Intent is true and correct and the document has been duly approved by the governing body of
the community applicant.
Molly Rawn
Name (print) Must have authority to commit funds.
Mayor
Title (print)
Signature
Date
ARKANSAS DEPARTMENT OF AGRICULTURE
NATURAL RESOURCES DIVISION
FLOOD MITIGATION ASSISTANCE GRANT PROGRAM
FY 2025 NOTICE OF INTENT NATURAL RESOURCES
DIVISION
DEADLINE FOR SUBMITTAL TO ADA-NRD
MARCH 17, 2025
11. APPLICANT INFORMATION
Community Name: City of Fayetteville
Community Contact
Name and Title: Alan Pugh, Staff Engineer
Address: 113 West Mountain Street
Fayetteville, AR 72701
Phone: (479) 575-8208
Email: apugh@fayetteville-ar.gov
II. MITIGATION PLAN
County: Washington
Is the jurisdiction covered by a current FEMA approved Mitigation Plan? Z YES ❑ NO
Name of Plan: Washington County Hazard Mitigation Plan Plan Approval Date: 11/19/24
Type of Plan: p Local Multi -Jurisdictional Multi -hazard Mitigation Plan
❑ Local Multi -hazard Mitigation Plan
Describe how the proposed activity relates to or is consistent with the FEMA-approved mitigation plan.
3oal 4 of the Washington County Hazard Mitigation Plan is to "Minimize the threat to lives and property from
looding". For the City of Fayetteville, `Drainage' is identified as a key mitigation action/project type for flood
'nitigation. Hamstring Creek Flood Mitigation is an identified flood mitigation project in the Washington County
-iazard Mitigation Plan.
IF YOUR COMMUNITY IS NOT PART OF AN APPROVED MITIGATION PLAN,
A!a YOU CAN NOT SUBMIT AN NOI. CONTACT NRD IF YOU HAVE ANY QUESTIONS.
I III. PROJECT BACKGROUND I
PROJECTTITLE: Hamstring Creek Flood Mitiqation
PROJECT LOCATION (latitude and longitude): 36.07948039298903,-94.19419387857877
SPECIFIC AREA AFFECTED BY THE PROJECT (County/City/Subdivision/Street):
One the next page, provide a detailed description of the proposed project's location (e.g. municipality, street address,
major intersecting streets and other important landmarks). Please attach supporting documentation such as maps that
clearly identify the location and critical features to the project such as topography, waterways, adjacent community
boundaries, etc. and mark your project site on the FIRM/DFIRM/FHBM (even if it is out of the floodplain).
I III. PROJECT BACKGROUND I
DESCRIPTION OF SPECIFIC AREA AFFECTED BY THE PROJECT:
The proposed project is located in the City of Fayetteville, AR along Valley Dr. and W Megan Dr. in West
Fayetteville. A total of seven (7) properties are affected. The addresses of the subject properties are 2400,
2401, 2425, 2426, 2440, and 2445 Valley Dr. and 2577 W. Megan Dr. The major intersecting road is N. Pc
Road. Attached to this NOI is the FIRM map outlining the project location.
PROJECT TYPE/ MITIGATION ACTIVITY:
Pick the ONE option that best fits your proposed project. You cannot pick multiple project types! You can, however,
submit multiple proposals, one for each project type. If you are unable to identify the correct project type, please contact
NRD for guidance.
#
PROJECT TYPE
CLASS*
1
Property Acquisition and Structure Demolition/Relocation
IFM
2
Non-structural Retrofitting of Existing Buildings and Facilities
IFM
3
Structure Elevation
IFM
4
Mitigation Reconstruction
IFM
5
Dry Floodproofing of Historic Residential Structures or Non-residential Structures
IFM
6
Structural Retrofitting of Existing Buildings
IFM
7
Floodwater storage and diversion (bioretention ponds, detention ponds, bioswales, surface grading,
outfalls, etc.)
LFRR
8
Stormwater management (upsizing/expanding storm sewers, Municipal Separate Storm Sewer
System (MS4), culverts, catch basins, increased green infrastructure and pervious surfaces, etc.)
LFRR
9
Floodplain, wetland, marsh, and riverine restoration and protection (restoring natural ecosystem
functions, bulkheads, pump stations)
LFRR
10
Other combination of green, gray Infrastructure and nature -based solutions
LFRR
11
Localized flood control projects with co -benefits to other hazards, social, and environmental
benefits
LFRR
12
Multi -Hazard Plan
CA CB
13
Project Scoping: Localized Flood Risk Reduction
CA CB
14
Project Scoping: Individual Flood Mitigation
CA CB
15
Partnership Development
CA CB
16
Enhancing Local Floodplain Management
CA CB
17
Severe Repetitive Loss/Repetitive Loss Strategy Plan Development
CA CB
* IFM Individual Flood Mitigation
LFRR Localized Flood Risk Reduction
CA CB Capability and Capacity Building
Page 2 of 8
I III. PROJECT BACKGROUND I
BRIEFLY DESCRIBE THE NEED FOR THIS ACTIVITY. WHY SHOULD THIS MITIGATION ACTIVITY BE COMPLETED?
This project will prevent future damages caused by repeated flooding of the Hamstring Creek, inundating
nearby residential properties. Of the 7 targeted structures, 5 are fully or partially within the 1 % Annual Chance
Flood Hazard while 2 are fully or partially within the Regulatory Floodway. Without the requested funding,
these properties will continue to experience flood damage, and potentially total loss in an extreme flood
event, risking lives and reducing the utility of properties while increasing the financial burden to owners,
insurers, and emergency response organizations.
Number of INDIVIDUALS this project will protect: 21
Number of STRUCTURES this project will protect: 7
Does this project benefit Severe Repetitive Loss or Repetitive Loss structures? 0 YES ❑ NO
If yes, please provide the number of structures that will benefit: 4
Does the project protect a critical facility? If yes, please explain. ❑ YES M NO
IV. SCOPE OF WORK
PROVIDE A DETAILED DESCRIPTION OF THE PROJECT. HOW WILL THE MITIGATION ACTIVITY BE IMPLEMENTED? WHAT ARE YOU
PROPOSING TO DO? (Attach additional documentation if necessary)
This project proposes to acquire 7 residential properties with significant flood risk from the Hamstring Creek.
All identified properties are currently NFIP insured. Acquired structures will be demolished, the parcels
regraded to return the property to an overflow and detention area that more closely resembles the natural
flood boundaries of the Creek while utilizing nature -based solutions and native vegetation to establish habitat
and public green space to be enjoyed by the community outside of flood events.
Hamstring Creek has historically experienced significant flooding events, which have resulted in repeated
damages to homes, economic losses, and safety risks for residents. The targeted properties are located
within the floodway or flood -prone areas, making them highly vulnerable to future flood events. Through this
project, the City of Fayetteville aims to enhance community resilience, decrease reliance on federal disaster
recovery funds, and improve the overall floodplain management within the watershed.
The project will be implemented in several key phases to ensure a smooth and efficient process:
Property Identification & Outreach
The city has identified seven residential properties that have experienced repetitive flooding. These properties
are located in areas that have been deemed high -risk by FIRM maps and past flood damage assessments.
(See attached FIRM map) Outreach efforts will engage homeowners and tenants, providing detailed
information about the acquisition process, compensation, and relocation assistance.
Voluntary Property Acquisition
Participation in the buyout program will be voluntary, with eligible homeowners receiving fair market value for
their properties based on pre -flood conditions. The city has already conducted property appraisals. During
project implementation, the city will negotiate buyouts and finalize purchase agreements.
Continue on next page if needed.
Page 3 of 8
IV. SCOPE OF WORK
Detailed description continued.
Demolition & Site Clearance
Once acquired, structures on these properties will be demolished and properly disposed of in compliance with
environmental regulations, including cultural resource monitoring for any cultural artifacts unearthed during
the demolition and site restoration process. Utilities and infrastructure will be disconnected, and debris will be
removed to ensure the site is free of hazards.
Displaced residents will be supported with relocation assistance, including temporary housing solutions,
moving cost coverage, and counseling services for alternative housing options. Coordination with local
housing agencies will ensure displaced homeowners have access to suitable, safe, and affordable relocation
opportunities.
Floodplain Restoration & Conservation
The acquired properties will be deed -restricted for open space use in perpetuity, preventing future
development. Natural vegetation will be restored to enhance the floodplain's capacity to absorb floodwaters,
reduce erosion, and improve water quality. The city may consider developing green infrastructure solutions
such as wetlands, native plant restoration, or storm water retention areas to further mitigate flood risk.
TECHNICAL FEASIBILITY:
Describe how the project is technically feasible and will be effective in reducing the risk by reducing or eliminating damages
to property and/or loss of life in the project area. Please include engineering design parameters and references to the
following: preliminary schematic or engineering drawings/design; applicable building codes, engineering practices and/or
best practices; level of protection (e.g., life safety, 100-yr flood protection with freeboard, etc.).
The City of Fayetteville' s proposed flood mitigation project is a technically feasible and highly effective
approach to reducing structural flood risk and repetitive loss in the Hamstring Creek watershed. By acquiring,
demolishing, and relocating residents from seven flood -prone properties, the project directly eliminates the
cycle of repetitive flood damage, safeguarding both property and lives. This approach is a widely accepted
best practice in floodplain management, as it permanently removes vulnerable structures from areas as a
high risk of inundation.
The feasibility of this project is grounded in its straightforward implementation process. The removal of the
structures from the floodplain eliminates property damage, reducing the financial burden on homeowners, the
National Flood Insurance Program, and disaster relief programs. The Hamstring creek watershed
experienced significant flooding in the Spring 2011, 2017, and 2022 resulting in significant property damages.
By proactively removing homes from this flood prone area, the project minimizes the need for future
insurance payments.
WILL THE PROJECT ADDRESS THE HAZARDS IDENTIFIED? ® YES ❑ NO
WHAT RISKS WILL REMAIN FROM ALL HAZARDS AFTER PROJECT IMPLEMENTATION (RESIDUAL RISK)?
The proposed mitigation project will significantly reduce flood risk in the Hamstring Creek watershed by
permanently removing 7 flood -prone properties and restoring natural floodplain. However, while this effort will
mitigate the most immediate threats to property and human safety, some residual risks will remain. These risk
stem from broader environmental factors, future climate conditions, and the inherent unpredictability of
natural disasters.
WHO WILL COMPLETE (CONDUCT AND IMPLEMENT) THE MITIGATION PROJECT?
City of Fayetteville
WHO WILL MANAGE THE MITIGATION PROJECT?
City of Fayetteville
Page 4 of 8
IV. SCOPE OF WORK
EXPLAIN WHY THIS PROJECT IS THE BEST ALTERNATIVE. WHAT ALTERNATIVES WERE CONSIDERED TO ADDRESS THE RISK AND
WHY WAS THE PROPOSED ACTIVITY CONSIDERED THE BEST ALTERNATIVE?
Alternatives considered to mitigate flood risk to the selected properties include raising the structures and
constructing a levee along the Creek to prevent water topping the banks from flowing south onto the project
area. Raising the structures proposed some challenges due to the age and condition of several of the homes.
In addition, although the structure would be provided some protection against damage during flood events,
raising the structure would still allow flood waters to flow around the footings and foundations — potentially
causing instability and long-term maintenance issues. If the structures were to be raised and still utilized for
residences, the risk to individuals of becoming trapped in their homes, unable to leave during flood events
and of emergency services being unable to reach them would remain.
Although construction of a levee or other structure to divert and further channelize flood waters would protect
the residences in the project area, cost of construction and long-term maintenance is prohibitive. Such a
structure also increases the risk of exacerbating flooding downstream, whereas creating a natural detention
area for flood water to dissipate slows currents that contribute to damages, reduces overall flood water
volume downstream of the project area, and creates a nature -based solution that enriches habitat and wildlife
diversity while providing Fayetteville residents sustainable, low impact recreation opportunities.
Of the structures within the project area, 3 are uninsured and not eligible for the FMA program and are not
WHO WILL PERFORM LONG-TERM MAINTENANCE?
City of Fayetteville
WHAT IS THE MAINTENANCE SCHEDULE AND COST?
Once the proposed scope of work has been completed, the acquired properties will be permanently
designated as open space in accordance with FEMA' s flood mitigation guidelines. As a result, long-term
maintenance will primarily focus on ensuring that the restored floodplain remains functional, safe, and free of
obstructions that could impede water flow. The City of Fayetteville will be responsible for ongoing monitoring
and upkeep, ensuring compliance with deed restrictions and local floodplain management policies.
The long-term maintenance plan for these properties will include the following key activities:
V. COST EFFECTIVENESS
WHAT IS THE BCA FOR THIS PROJECT? 1.01
HOW WAS THE BCA (COST-EFFECTIVENESS) DETERMINED FOR THIS PROPERTY?
0 FEMA's Benefit Cost analysis (BCA) Tool PLEASE CHECK WITH ADA-NRD BEFORE
❑ Greatest Savings to the Fund (GSTF) COMPUTING COST EFFECTIVENESS.
❑ Pre -calculated Benefits
❑ Substantial Damage in Special Flood Hazard Area (SFHA) - for acquisition only
❑ Other
If Other, please specify:
Page 5 of 8
VI. WORK SCHEDULE
PLEASE LIST ALL TASKS NECESSARY TO IMPLEMENT THIS PROJECT, THE DURATION FOR EACH TASK, AND WHO WILL COMPLETE IT.
INDICATE UNIT OF TIME FOR WORK SCHEDULE: ❑ DAYS ❑ WEEKS 19 MONTHS ❑ YEARS
DESCRIPTION OF TASKS
STARTING
POINT
DURATION
WORK TO BE COMPLETED BY
Appraisals
2/1/25
1
City of Fayettevlle
Property Owner Engagement: Statements of Voluntary Participation
4/1/25
1
City of Fayetteville
Grant Application to FEMA/Grant Award/Grant Contract Negotiations &
Obligation
3/17/25
12
City of Fayetteville
Property Purchase Negotiations
5/1/26
3
City of Fayetteville
SHPO/THPO Environmental Review, Cultural and Historical Assessment, Site
Design/Grading Plan
5/1/26
6
City of Fayetteville
Purchase Closing
9/1/26
1
City of Fayetteville
Relocation Assistance
10/1/26
1
City of Fayetteville
Demolition and Site Development
11/1/26
5
Procured Contractor
Reforestation and Stabilization
4/1/27
2
Procured Contractor
VII. COST ESTIMATE
Please provide an estimate of the cost to complete this project.
ITEM OR TASK
QUANTITY
UNIT OF MEASURE
UNIT COST ($)
COST ESTIMATE
Property Acquisition
See Apprailsals
7.00
$ 247,428.28
$ 1,731,997.96
Title Work/Closing Costs
Per Property
7.00
$ 5,000.00
$ 35,000.00
Civil, Environmental, and Site Design
Per Property
7.00
$ 16,000.00
$ 112,000.00
Relocation Assistance
Per Property
7.00
$ 25,711.00
$ 179,977.00
Utility Disconnection, Site Clearing, Demolition and Debris Removal, Land Grading,
Per Property
and Reforestation and Erosion Control
7.00
$ 36,429.00
$ 255,003.00
Legal Costs
Per Property
1.00
$ 100,000.00
$ 100,000.00
Public Outreach and Community Meetings
Lump Sum
1.00
$ 15,000.00
$ 15,000.00
Cultural Resource Monitoring
Lump Sum
1.00
$ 25,000.00
$ 25,000.00
Project Coordination/Project Management (5% of all other costs) & Contingency (15%
Lump Sum
of all other costs)
1.00
$ 487,046.00
$ 487,047.00
Total Cost Estimate:
$ 2,941,024.96
Page 7 of 8
VIII. COST SHARE
The default cost share is 75% Federal/25% Non-
Federal. Contact NRD if you believe you may be
eligible for a higher Federal cost -share.
SHARE
(IN DOLLARS)
SHARE
(PERCENT OF TOTAL)
Proposed Federal Share
$ 2,205,769.00
75.00
Proposed Non -Federal Share
$ 735,256.00
25.00
Total
$ 2,941,025.00
100
(Total should equal cost estimate) (Total should equal 100%)
All information in this Notice of Intent is true and correct and the document has been duly approved by the governing body of
the community applicant.
Molly Rawn
Name (print) Must have authority to commit funds.
Mayor
Title (print)
Signature
March 18, 2025
Date