HomeMy WebLinkAbout164-20 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 164-20
File Number: 2020-0449
RFQ #20-01 FTN ASSOCIATES, LTD.:
A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES
AGREEMENT WITH FTN ASSOCIATES, LTD., PURSUANT TO RFQ #20-01, IN THE
AMOUNT OF $78,500.00 FOR THE ANALYSIS OF HAMESTRING CREEK, HAMESTRING
CREEK TRIBUTARY 3, AND THE SOUTH FORK HAMESTRING CREEK FOR POTENTIAL
IMPROVEMENTS TO HELP ALLEVIATE FLOODING
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a professional
engineering services agreement with FTN Associates, Ltd., pursuant to RFQ #20-01, Selection #7 in
the amount of $78,500.00 for the analysis of Hamestring Creek, Hamestring Creek Tributary 3, and
the South Fork Hamestring Creek for potential improvements to help alleviate flooding in the area.
PASSED and APPROVED on 6/16/2020
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City of Fayetteville, Arkansas 113 West Mountain Street
\ Fayetteville, AR 72701
( (479) 575-8323
Text File
File Number: 2020-0449
Agenda Date: 6/16/2020 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: A. 3
RFQ #20-01 FTN ASSOCIATES, LTD.:
A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT
WITH FTN ASSOCIATES, LTD., PURSUANT TO RFQ #20-01, IN THE AMOUNT OF $78,500.00
FOR THE ANALYSIS OF HAMESTRING CREEK, HAMESTRING CREEK TRIBUTARY 3, AND
THE SOUTH FORK HAMESTRING CREEK FOR POTENTIAL IMPROVEMENTS TO HELP
ALLEVIATE FLOODING
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a professional
engineering services agreement with FTN Associates, Ltd., pursuant to RFQ #20-01, Selection #7 in the
amount of $78,500.00 for the analysis of Hamestring Creek, Hamestring Creek Tributary 3, and the South
Fork Hamestring Creek for potential improvements to help alleviate flooding in the area.
City of Fayetteville, Arkansas Page 1 Primed on 611712020
City of Fayetteville Staff Review Form
2020-0449
Legistar File ID
6/16/2020
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Chris Brown 5/28/2020 ENGINEERING (621)
Submitted By Submitted Date Division / Department
Action Recommendation:
Approval of a professional services agreement with FTN Associates Ltd, pursuant to RFQ 20-01 Selection #7, in the
total amount of $78,500.00 for analysis of Hamestring Creek (HSC), Hamestring Creek Tributary 3 (HS3) and the
South Fork Hamestring Creek (SFHSC) for potential improvements to help alleviate flooding in the area.
4470.621.8810-5314.00
Account Number
02108.2002
Project Number
Budgeted Item? Yes
Does item have a cost? Yes
Budget Adjustment Attached? No
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Budget Impact:
Sales Tax Capital Improvement
Fund
Other Drainage Improvements; Clabber Creek
Flood Study
Project Title
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
$ 82,000.00
$ 82,000.00
$ 78, 500.00
j $ 3,500.00
Previous Ordinance or Resolution #
Approval Date:
V20180321
CITY OF
FAYETTEVILLE
WAN- ARKANSAS
MEETING OF JUNE 16, 2020
TO: Mayor and City Council
THRU: Susan Norton, Chief of Staff
Garner Stoll, Development Services Director
Chris Brown, City Engineer
FROM: Alan Pugh, Staff Engineer
DATE: May 27, 2020
CITY COUNCIL MEMO
SUBJECT: Approval of a professional services agreement with FTN Associates Ltd, pursuant to RFQ
20-01 Selection #7, in the total amount of $78,500.00 for analysis of Hamestring Creek
(HSC), Hamestring Creek Tributary 3 (HS3) and the South Fork Hamestring Creek (SFHSC)
for potential improvements to help alleviate flooding in the area.
RECOMMENDATION:
Staff recommends approval of a professional services agreement with FTN Associates Ltd, pursuant to
RFQ 20-01 Selection #7, in the total amount of $78,500.00 for analysis of Hamestring Creek (HSC),
Hamestring Creek Tributary 3 (HS3) and the South Fork Hamestring Creek (SFHSC) for potential
improvements to help alleviate flooding in the area.
BACKGROUND:
There is a history of flooding within the Hamestring Creek watershed, most of which is upstream of 1-49. In
particular the areas include the West End Apartments, homes along W Valley Drive, W Hatfield St, W Holley
Street and W Lawson Street. These areas have multiple homes that have flooded on several occasions
including the 2011 and 2017 flood events. The potential redevelopment of Lewis Fields also lies within the
headwaters of HS3.
DISCUSSION:
As stated, growth in this area continues with many homes already being impacted negatively by flooding.
Given the history of flooding within multiple areas, staff felt it important to look at the overall system to
determine how the stream segments interact with one another. For this reason, multiple streams segments
are included within the proposed study as well as several areas of potential detention to determine if peak
flows can be substantially reduced. As solutions for the existing flooding and future modifications are
determined, funding can then begin to be identified for the necessary improvements.
BUDGET/STAFF IMPACT:
The proposed cost of the flood analysis is proposed to be taken from 02108.1, other drainage
Improvements.
Attachments:
Contract for services
Vicinity Map
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Hamestring Creek Flood Mitigation Study
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Associates Ala,
water resources I environmental consultants 124 W Sunbridge Drive, Suite 39 Favetteville, AR 727039 (479) 571-3334• FAX (4 791571-3338
May 26, 2020
apugh@fayetteville-ar.gov
Mr. Alan Pugh, PE, CFM
City of Fayetteville
113 West Mountain Street
Fayetteville, AR 72701
RE: Proposal for Hamestring Watershed Analysis and Mitigation Alternatives along
Hamestring Creek, Hamestring Creek Tributary 3, and South Fork Hamestring Creek
FTN No. P04370-2365-001
Dear Mr. Pugh:
In response to your request, FTN Associates, Ltd. (FTN) appreciates the opportunity to submit the
following proposal to provide professional engineering services related to the development of
hydrologic and hydraulic analyses and flood mitigation alternatives in the upper Hamestring Creek
watershed, specifically along Hamestring Creek (HSC) from the downstream side of Interstate 49
up to the current effective FEMA Flood Insurance Rate Map Limit of Study, Hamestring Creek
Tributary 3 (HS-3) from its confluence with HSC upstream to Lewis Park, and South Fork
Hamestring Creek (SFHC) from its confluence with HSC upstream to Wedington Drive, located
in the City of Fayetteville, Washington County, Arkansas (the Project).
Our Basic Services will generally consist of acquiring and processing field survey data and existing
topographic data, acquiring and reviewing existing hydrologic, hydraulic, and storm sewer
inventory data, performing hydrologic and hydraulic modeling, and evaluating results of
conceptual -level alternatives to reduce flood extents and elevations for the Project area, all as set
forth in the printed Scope of Work for Basic Services included as Appendix A to the terms of the
Agreement for Professional Engineering Services Between City of Fayetteville, Arkansas, and
FTN Associates, Ltd. (the Agreement). We will also furnish such Additional Services as you may
request. Subsequent phases of the Project will be addressed in the future once the results of the
analysis and alternatives are known.
We expect to start our services promptly after receipt of your acceptance of this proposal and
written authorization to proceed. We anticipate these Basic Services will require approximately 8
months to complete following the approval of authorization to proceed. Additional information
regarding the project schedule and deliverables is provided as Appendix B to the Agreement.
Corporate Office: 3 Innwood Circle, Suite 220-Little Rock, AR 72211•Phone (501-225-7779•Fax (501-225-6738
Regional Offices: Fayetteville, AR; Baton Rouge, LA; Chesterfield, MO-www.ftn-assoc.com-ftn@ftn-assoc.com
Mr. Alan Pugh, PE, CFM
May 26, 2020
Page 2
This proposal, which includes the Agreement and associated appendices, represents the entire
understanding between you and us with respect to the Project and may only be modified in writing
signed by both of us. This proposal will be open for acceptance until July 3, 2020, unless changed
by us in writing.
We appreciate the opportunity to work with you on this Project. Please do not hesitate to call me
or Lee Beshoner, PE, CFM at (479) 571-3334 if you have any questions relating to this proposal
or additional services offered by FTN.
Respectfully submitted,
FTN ASSOCIATES, LTD.
Mr. Travis B. Scott, PE, PG, CFM
Project Manager
TBS/kae
Attachments
S:\PROPOSALS\04370-2365-001\FINAL\REVISED\2020-05-26 FTN PROP COF-H & H ANALYSIS.DOCX
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AGREEMENT
For
PROFESSIONAL ENGINEERING SERVICES
Between
CITY OF FAYETTEVILLE, ARKANSAS
And
ENGINEER
THIS AGREEMENT is made as of June 2, 2020, by and between City of Fayetteville, Arkansas, acting
by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE) and FTN Associates, Ltd.
(hereinafter called ENGINEER).
CITY OF FAYETTEVILLE from time to time requires professional engineering services in connection
with the evaluation, design, and/or construction supervision of capital improvement projects. Therefore,
CITY OF FAYETTEVILLE and ENGINEER in consideration of their mutual covenants agree as follows:
ENGINEER shall serve as CITY OF FAYETTEVILLE's professional engineering consultant in those
assignments to which this Agreement applies, and shall give consultation and advice to CITY OF
FAYETTEVILLE during the performance of ENGINEER's services. All services shall be performed
under the direction of a professional engineer registered in the State of Arkansas and qualified in the
particular field.
SECTION 1- AUTHORIZATION OF SERVICES
1.1 Services on any assignment shall be undertaken only upon written Authorization of CITY OF
FAYETTEVILLE and agreement of ENGINEER.
1.2 Assignments may include services described hereafter as Basic Services or as Additional Services
of ENGINEER.
1.3 Changes, modifications or amendments in scope, price or fees to this contract shall not be
allowed without a formal contract amendment approved by the Mayor and the City Council in
advance of the change in scope, costs, fees, or delivery schedule.
SECTION 2 - BASIC SERVICES OF ENGINEER
2.1 Perform professional services in connection with the Project as hereinafter stated.
2.1.1 The Scope of Services to be furnished by ENGINEER during the Project is included in Appendix
A attached hereto and made part of this Agreement.
2.2 ENGINEER shall coordinate their activities and services with the CITY OF FAYETTEVILLE.
ENGINEER and CITY OF FAYETTEVILLE agree that ENGINEER has full responsibility for
the engineering services.
Hamestring_Watershed_Professional Engineering Services Contract-2020_0525.doc
SECTION 3 - RESPONSIBILITIES OF CITY OF FAYETTEVILLE
3.1 CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of
ENGINEER.
3.1.1 Provide full information as to CITY OF FAYETTEVILLE's requirements for the Project.
3.1.2 Assist ENGINEER by placing at ENGINEER's disposal all available information pertinent to
the assignment including previous reports and any other data relative thereto.
3.1.3 Assist ENGINEER in obtaining access to property reasonably necessary for ENGINEER to
perform its services under this Agreement.
3.1.4 Examine all studies, reports, sketches, cost opinions, proposals, and other documents
presented by ENGINEER and render in writing decisions pertaining thereto.
3.1.5 The City Engineer is the CITY OF FAYETTEVILLE's project representative with respect to
the services to be performed under this Agreement. The City Engineer shall have complete
authority to transmit instructions, receive information, interpret and define CITY OF
FAYETTEVILLE's policies and decisions with respect to materials, equipment, elements and
systems to be used in the Project, and other matters pertinent to the services covered by this
Agreement.
3.1.6 CITY OF FAYETTEVILLE and/or its representative will review all documents and provide
written comments to ENGINEER in a timely manner.
SECTION 4 - PERIOD OF SERVICE
4.1 This Agreement will become effective upon the first written notice by CITY OF
FAYETTEVILLE authorizing services hereunder.
4.2 The provisions of this Agreement have been agreed to in anticipation of the orderly progress of
the Project through completion of the services stated in the Agreement. ENGINEER will proceed
with providing the authorized services immediately upon receipt of written authorization from
CITY OF FAYETTEVILLE. Said authorization shall include the scope of the services authorized
and the time in which the services are to be completed. The anticipated schedule for this project is
included as Appendix B.
SECTION 5 - PAYMENTS TO ENGINEER
5.1 The maximum not -to -exceed amount authorized for this Agreement is $78,500. The CITY OF
FAYETTEVILLE shall compensate ENGINEER based on an hourly NTE basis described in
Appendix C.
5.2 Statements
5.2.1 Monthly statements for each calendar month shall be submitted to CITY OF
FAYETTEVILLE or such parties as CITY OF FAYETTEVILLE may designate for
professional services consistent with ENGINEER's normal billing schedule. Once
established, the billing schedule shall be maintained throughout the duration of the Project.
Applications for payment shall be made in accordance with a format to be developed by
ENGINEER and approved by CITY OF FAYETTEVILLE. Applications for payment shall
Hamestring_Watershed_Professional Engineering Services Contract-2020_0525.doc
2
be accompanied each month by the updated project schedule as the basis for determining the
value earned as the work is accomplished. Final payment for professional services shall be
made upon CITY OF FAYETTEVILLE's approval and acceptance with the satisfactory
completion of the study and report for the Project.
5.3 Payments
5.3.1 All statements are payable upon receipt and due within thirty (30) days. If a portion of
ENGINEER's statement is disputed by CITY OF FAYETTEVILLE, the undisputed portion
shall be paid by CITY OF FAYETTEVILLE by the due date. CITY OF FAYETTEVILLE
shall advise ENGINEER in writing of the basis for any disputed portion of any statement.
CITY OF FAYETTEVILLE will make reasonable effort to pay invoices within 30 days of
date the invoice is approved, however, payment within 30 days is not guaranteed.
5.4 Final Payment
5.4.1 Upon satisfactory completion of the work performed under this Agreement, as a condition
before final payment under this Agreement, or as a termination settlement under this
Agreement, ENGINEER shall execute and deliver to CITY OF FAYETTEVILLE a release of
all claims against CITY OF FAYETTEVILLE arising under or by virtue of this Agreement,
except claims which are specifically exempted by ENGINEER to be set forth therein. Unless
otherwise provided in this Agreement or by State law or otherwise expressly agreed to by the
parties to this Agreement, final payment under this Agreement or settlement upon termination
of this Agreement shall not constitute a waiver of CITY OF FAYETTEVILLE's claims
against ENGINEER or his sureties under this Agreement or applicable performance and
payment bonds, if any.
SECTION 6 - GENERAL CONSIDERATIONS
6.1 Insurance
6.1.1 During the course of performance of these services, ENGINEER will maintain (in United
States Dollars) the following minimum insurance coverages:
Tyne of Coverage
Workers' Compensation
Employers' Liability
Commercial General Liability
Bodily Injury and
Property Damage
Automobile Liability:
Bodily Injury and
Property Damage
Professional Liability Insurance
Limits of Liability
Statutory
$500,000 Each Accident
$1,000,000 Combined Single Limit
$1,000,000 Combined Single Limit
$1,000,000 Each Claim
Hamestring_Watershed_Professional Engineering Services Contract-2020 0525.doc
ENGINEER will provide to CITY OF FAYETTEVILLE certificates as evidence of the
specified insurance within ten days of the date of this Agreement and upon each renewal of
coverage.
6.1.2 CITY OF FAYETTEVILLE and ENGINEER waive all rights against each other and their
officers, directors, agents, or employees for damage covered by property insurance during
and after the completion of ENGINEER's services.
6.2 Professional Responsibility
6.2.1 ENGINEER will exercise reasonable skill, care, and diligence in the performance of
ENGINEER's services and will carry out its responsibilities in accordance with customarily
accepted professional engineering practices. CITY OF FAYETTEVILLE will promptly
report to ENGINEER any defects or suspected defects in ENGINEER's services of which
CITY OF FAYETTEVILLE becomes aware, so that ENGINEER can take measures to
minimize the consequences of such a defect. CITY OF FAYETTEVILLE retains all remedies
to recover for its damages caused by any negligence of ENGINEER.
6.3 Cost Opinions and Projections
6.3.1 Cost opinions and projections prepared by ENGINEER relating to construction costs and
schedules, operation and maintenance costs, equipment characteristics and performance, and
operating results are based on ENGINEER's experience, qualifications, and judgment as a
design professional. Since ENGINEER has no control over weather, cost and availability of
labor, material and equipment, labor productivity, construction Contractors' procedures and
methods, unavoidable delays, construction Contractors' methods of determining prices,
economic conditions, competitive bidding or market conditions, and other factors affecting
such cost opinions or projections, ENGINEER does not guarantee that actual rates, costs,
performance, schedules, and related items will not vary from cost opinions and projections
prepared by ENGINEER.
6.4 Changes
6.4.1 CITY OF FAYETTEVILLE shall have the right to make changes within the general scope of
ENGINEER's services, with an appropriate change in compensation and schedule only after
Fayetteville City Council approval of such proposed changes and, upon execution of a
mutually acceptable amendment or change order signed by the Mayor of the CITY OF
FAYETTEVILLE and the duly authorized officer of ENGINEER.
6.5 Termination
6.5.1 This Agreement may be terminated in whole or in part in writing by either party in the event
of substantial failure by the other party to fulfill its obligations under this Agreement through
no fault of the terminating party, provided that no termination may be effected unless the
other party is given:
6.5.1.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return
receipt requested) of intent to terminate,
6.5.1.2 An opportunity for consultation with the terminating party prior to termination.
Hamestring_Watershed_Professional Engineering Services Contract-2020_0525.doc
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6.5.2 This Agreement may be terminated in whole or in part in writing by CITY OF
FAYETTEVILLE for its convenience, provided that ENGINEER is given:
6.5.2.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return
receipt requested) of intent to terminate,
6.5.2.2 An opportunity for consultation with the terminating party prior to termination.
6.5.3 If termination for default is effected by CITY OF FAYETTEVILLE, an equitable adjustment
in the price provided for in this Agreement shall be made, but
6.5.3.1 No amount shall be allowed for anticipated profit on unperformed services or other work,
6.5.3.2 Any payment due to ENGINEER at the time of termination may be adjusted to cover any
additional costs to CITY OF FAYETTEVILLE because of ENGINEER's default.
6.5.4 If termination for default is effected by ENGINEER, or if termination for convenience is
effected by CITY OF FAYETTEVILLE, the equitable adjustment shall include a reasonable
profit for services or other work performed. The equitable adjustment for any termination
shall provide for payment to ENGINEER for services rendered and expenses incurred prior to
the termination, in addition to termination settlement costs reasonably incurred by
ENGINEER relating to commitments which had become firm prior to the termination.
6.5.5 Upon receipt of a termination action under Paragraphs 6.5.1 or 6.5.2 above, ENGINEER
shall:
6.5.5.1 Promptly discontinue all affected work (unless the notice directs otherwise),
6.5.5.2 Deliver or otherwise make available to CITY OF FAYETTEVILLE all data, drawings,
specifications, reports, estimates, summaries and such other information and materials as
may have been accumulated by ENGINEER in performing this Agreement, whether
completed or in process.
6.5.6 Upon termination under Paragraphs 6.5.1 or 6.5.2 above CITY OF FAYETTEVILLE may
take over the work and may award another party an agreement to complete the work under
this Agreement.
6.5.7 If, after termination for failure of ENGINEER to fulfill contractual obligations, it is
determined that ENGINEER had not failed to fulfill contractual obligations, the termination
shall be deemed to have been for the convenience of CITY OF FAYETTEVILLE. In such
event, adjustments of the agreement price shall be made as provided in Paragraph 6.5.4 of
this clause.
6.6 Delays
6.6.1 In the event the services of ENGINEER are suspended or delayed by CITY OF
FAYETTEVILLE or by other events beyond ENGINEER's reasonable control, ENGINEER
shall be entitled to additional compensation and time for reasonable costs incurred by
ENGINEER in temporarily closing down or delaying the Project.
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6.7 Rights and Benefits
6.7.1 ENGINEER's services will be performed solely for the benefit of CITY OF
FAYETTEVILLE and not for the benefit of any other persons or entities.
6.8 Dispute Resolution
6.8.1 Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes
between CITY OF FAYETTEVILLE and ENGINEER which arise from, or in any way are
related to, this Agreement, including, but not limited to the interpretation of this Agreement,
the enforcement of its terms, any acts, errors, or omissions of CITY OF FAYETTEVILLE or
ENGINEER in the performance of this Agreement, and disputes concerning payment.
6.8.2 Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate.
If timely Notice is given under Paragraph 6.8.3, but an action is initiated prior to exhaustion
of these procedures, such action shall be stayed, upon application by either party to a court of
proper jurisdiction, until the procedures in Paragraphs 6.8.3 and 6.8.4 have been complied
with.
6.8.3 Notice of Dispute
6.8.3.1 For disputes arising prior to the making of final payment promptly after the occurrence of
any incident, action, or failure to act upon which a claim is based, the party seeking relief
shall serve the other party with a written Notice.
6.8.3.2 For disputes arising within one year after the making of final payment, CITY OF
FAYETTEVILLE shall give ENGINEER written Notice at the address listed in
Paragraph 6.14 within thirty (30) days after occurrence of any incident, accident, or first
observance of defect or damage. In both instances, the Notice shall specify the nature and
amount of relief sought, the reason relief should be granted, and the appropriate portions
of this Agreement that authorize the relief requested.
6.8.4 Negotiation: Within seven days of receipt of the Notice, the Project Managers for CITY OF
FAYETTEVILLE and ENGINEER shall confer in an effort to resolve the dispute. If the
dispute cannot be resolved at that level, then, upon written request of either side, the matter
shall be referred to the President of ENGINEER and the Mayor of CITY OF
FAYETTEVILLE or his designee. These officers shall meet at the Project Site or such other
location as is agreed upon within 30 days of the written request to resolve the dispute.
6.9 CITY OF FAYETTEVILLE represents that it has sufficient funds or the means of obtaining
funds to remit payment to ENGINEER for services rendered by ENGINEER.
6.10 Publications
6.10.1 Recognizing the importance of professional development on the part of ENGINEER's
employees and the importance of ENGINEER's public relations, ENGINEER may prepare
publications, such as technical papers, articles for periodicals, and press releases, pertaining
to ENGINEER's services for the Project. Such publications will be provided to CITY OF
FAYETTEVILLE in draft form for CITY OF FAYETTEVILLE's advance review. CITY OF
FAYETTEVILLE shall review such drafts promptly and provide CITY OF
FAYETTEVILLE's comments to ENGINEER CITY OF FAYETTEVILLE may require
Hamestring_Watershed_Professional Engineering Services Contract-2020_0525.doc
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deletion of proprietary data or confidential information from such publications, but otherwise
CITY OF FAYETTEVILLE will not unreasonably withhold approval. The cost of
ENGINEER's activities pertaining to any such publication shall be for ENGINEER's
account.
6.11 Indemnification
6.11.1 CITY OF FAYETTEVILLE agrees that it will require all construction Contractors to
indemnify, defend, and hold harmless CITY OF FAYETTEVILLE and ENGINEER from and
against any and all loss where loss is caused or incurred or alleged to be caused or incurred in
whole or in part as a result of the negligence or other actionable fault of the Contractors, or
their employees, agents, Subcontractors, and Suppliers.
6.12 Ownership of Documents
6.12.1 All documents provided by CITY OF FAYETTEVILLE including original drawings, CAD
drawings, estimates, field notes, and project data are and remain the property of CITY OF
FAYETTEVILLE. ENGINEER may retain reproduced copies of drawings and copies of
other documents.
6.12.2 Engineering documents, computer models, drawings, specifications and other hard copy or
electronic media prepared by ENGINEER as part of the Services shall become the property
of CITY OF FAYETTEVILLE when ENGINEER has been compensated for all Services
rendered, provided, however, that ENGINEER shall have the unrestricted right to their use.
ENGINEER shall, however, retain its rights in its standard drawings details, specifications,
databases, computer software, and other proprietary property. Rights to intellectual property
developed, utilized, or modified in the performance of the Services shall remain the property
of ENGINEER.
6.12.3 Any files delivered in electronic medium may not work on systems and software different
than those with which they were originally produced. ENGINEER makes no warranty as to
the compatibility of these files with any other system or software. Because of the potential
degradation of electronic medium over time, in the event of a conflict between the sealed
original drawings/hard copies and the electronic files, the sealed drawings/hard copies will
govern.
6.13 Notices
6.13.1 Any Notice required under this Agreement will be in writing, addressed to the appropriate
party at the following addresses:
CITY OF FAYETTEVILLE's address:
113 West Mountain Street
Fayetteville, Arkansas 72701
ENGINEER's address:
1810 N. College Avenue
Fayetteville, Arkansas 72701
Hamestring_Watershed_Professional Engineering Services Contract-2020_0525.doc
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6.14 Successor and Assigns
6.14.1 CITY OF FAYETTEVILLE and ENGINEER each binds himself and his successors,
executors, administrators, and assigns to the other party of this Agreement and to the
successors, executors, administrators, and assigns of such other party, in respect to all
covenants of this Agreement; except as above, neither CITY OF FAYETTEVILLE nor
ENGINEER shall assign, sublet, or transfer his interest in the Agreement without the written
consent of the other.
6.15 Controlling Law
6.15.1 This Agreement shall be subject to, interpreted and enforced according to the laws of the
State of Arkansas without regard to any conflicts of law provisions.
6.16 Entire Agreement
6.16.1 This Agreement represents the entire Agreement between ENGINEER and CITY OF
FAYETTEVILLE relative to the Scope of Services herein. Since terms contained in
purchase orders do not generally apply to professional services, in the event CITY OF
FAYETTEVILLE issues to ENGINEER a purchase order, no preprinted terms thereon shall
become a part of this Agreement. Said purchase order document, whether or not signed by
ENGINEER, shall be considered as a document for CITY OF FAYETTEVILLE's internal
management of its operations.
SECTION 7 - SPECIAL CONDITIONS
7.1 Additional Responsibilities of ENGINEER
7.1.1 CITY OF FAYETTEVILLE's review, approval, or acceptance of design drawings,
specifications, reports and other services furnished hereunder shall not in any way relieve
ENGINEER of responsibility for the technical adequacy of the work. Neither CITY OF
FAYETTEVILLE's review, approval or acceptance of, nor payment for any of the services
shall be construed as a waiver of any rights under this Agreement or of any cause of action
arising out of the performance of this Agreement.
7.1.2 ENGINEER shall be and shall remain liable, in accordance with applicable law, for all
damages to CITY OF FAYETTEVILLE caused by ENGINEER's negligent performance of
any of the services furnished under this Agreement except for errors, omissions or other
deficiencies to the extent attributable to CITY OF FAYETTEVILLE or CITY OF
FAYETTEVILLE-furnished data.
7.1.3 ENGINEER's obligations under this clause are in addition to ENGINEER's other express or
implied assurances under this Agreement or State law and in no way diminish any other
rights that CITY OF FAYETTEVILLE may have against ENGINEER for faulty materials,
equipment, or work.
7.2 Remedies
7.2.1 Except as may be otherwise provided in this Agreement, all claims, counter -claims, disputes
and other matters in question between CITY OF FAYETTEVILLE and ENGINEER arising
Hamestring_Watershed_Professional Engineering Services Contract-2020_0525.doc
8
out of or relating to this Agreement or the breach thereof will be decided in a court of
competent jurisdiction within Arkansas.
7.3 Audit: Access to Records
7.3.1 ENGINEER shall maintain books, records, documents and other evidence directly pertinent
to performance on work under this Agreement in accordance with generally accepted
accounting principles and practices consistently applied in effect on the date of execution of
this Agreement. ENGINEER shall also maintain the financial information and data used by
ENGINEER in the preparation of support of the cost submission required for any negotiated
agreement or change order and send to CITY OF FAYETTEVILLE a copy of the cost
summary submitted. CITY OF FAYETTEVILLE, the State or any of their authorized
representatives shall have access to all such books, records, documents and other evidence for
the purpose of inspection, audit and copying during normal business hours. ENGINEER will
provide proper facilities for such access and inspection.
7.3.2 Records under Paragraph 7.3.1 above, shall be maintained and made available during
performance on assisted work under this Agreement and until three years from the date of
final payment for the project. In addition, those records which relate to any controversy
arising out of such performance, or to costs or items to which an audit exception has been
taken, shall be maintained and made available until three years after the date of resolution of
such appeal, litigation, claim or exception.
7.3.3 This right of access clause (with respect to financial records) applies to:
7.3.3.1 Negotiated prime agreements:
7.3.3.2 Negotiated change orders or agreement amendments in excess of $10,000 affecting the
price of any formally advertised, competitively awarded, fixed price agreement:
7.3.3.3 Agreements or purchase orders under any agreement other than a formally advertised,
competitively awarded, fixed price agreement. However, this right of access does not
apply to a prime agreement, lower tier subagreement or purchase order awarded after
effective price competition, except:
7.3.3.3.1 With respect to record pertaining directly to subagreement performance, excluding
any financial records of ENGINEER;
7.3.3.3.2 If there is any indication that fraud, gross abuse or corrupt practices may be involved;
7.3.3.3.3 If the subagreement is terminated for default or for convenience.
7.4 Covenant Against Contingent Fees
7.4.1 ENGINEER warrants that no person or selling agency has been employed or retained to
solicit or secure this Agreement upon an agr6ftent 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 ar at its discretion, to deduct from the
Hamestring_Watershed_Professional Engineering Services Contract-2020_0525.doc
0
contract price or consideration, or otherwise recover, the full amount of such commission,
percentage, brokerage, or contingent fee.
7.5 Gratuities
7.5.1 If CITY OF FAYETTEVILLE finds after a notice and hearing that ENGINEER or any of
ENGINEER's agents or representatives, offered or gave gratuities (in the form of
entertainment, gifts or otherwise) to any official, employee or agent of CITY OF
FAYETTEVILLE, in an attempt to secure an agreement or favorable treatment in awarding,
amending or making any determinations related to the performance of this Agreement, CITY
OF FAYETTEVILLE may, by written notice to ENGINEER terminate this Agreement. CITY
OF FAYETTEVILLE may also pursue other rights and remedies that the law or this
Agreement provides. However, the existence of the facts on which CITY OF
FAYETTEVILLE bases such finding shall be in issue and may be reviewed in proceedings
under the Remedies clause of this Agreement.
7.5.2 In the event this Agreement is terminated as provided in Paragraph 7.5.1, CITY OF
FAYETTEVILLE may pursue the same remedies against ENGINEER as it could pursue in
the event of a breach of the Agreement by ENGINEER As a penalty, in addition to any other
damages to which it may be entitled by law, CITY OF FAYETTEVILLE may pursue
exemplary damages in an amount (as determined by CITY OF FAYETTEVILLE) which
shall be not less than three nor more than ten times the costs ENGINEER incurs in providing
any such gratuities to any such officer or employee.
7.6 Arkansas Freedom of Information Act
7.6.1 City contracts and documents, including internal documents and documents of subcontractors
and sub -consultants, prepared while performing City contractual work are subject to the
Arkansas Freedom of Information Act (FOIA). If a Freedom of Information Act request is
presented to the CITY OF FAYETTEVILLE, ENGINEER will do everything possible to
provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom
of Information Act (A.C.A. §25-19-101 et seq.). Only legally authorized photocopying costs
pursuant to the FOIA may be assessed for this compliance.
IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and
ENGINEER, by its authorized officer have made and executed this Agreement as of the day and year first
above written.
CITY OF FAYETTEVILLE, ARKANSAS ENGINEER
ATTEST:G-, R Kr/
�� �� • O T Y ;`�9
By: c�; 4` •.` Project Manager
City Clerk Fqy
• E7?Ev�C�E
END OF AGREEME] bt ROFESSION,SL. ENGINEERING SERVICES
Hamestring_Watershed_Professional Engin�ygiiract-2020_0525.doc
10
APPENDIX A
Scope of Work for Basic Services
Hamestring Watershed Analysis and Mitigation Alternatives along Hamestring Creek,
Hamestring Creek Tributary 3, and South Fork Hamestring Creek
Fayetteville, Washington County, Arkansas
Attached to and made part of the Agreement for Professional Engineering Services dated May 26,
2020 between FTN Associates, Ltd. (ENGINEER) and the City of Fayetteville (CITY OF
FAYETTEVILLE) with respect to the project described therein. The specific tasks and
assumptions are provided below.
PROJECT DESCRIPTION
ENGINEER will acquire and process field survey data and existing topographic data, and review
existing hydrologic and hydraulic data for Hamestring Creek (HSC), Hamestring Creek Tributary
3 (HS-3), and South Fork Hamestring Creek (SFHC). ENGINEER will develop updated
hydrologic and hydraulic modeling for the upper Hamestring basin upstream of Interstate 49 to the
upstream watershed extent, generally near Garland Avenue. Specifically, hydraulic modeling will
extend along HSC from I-49 to the current effective FEMA Flood Insurance Rate Map Limit of
Study, HS-3 from its confluence with HSC upstream to Lewis Park, and SFHC from its confluence
with HSC upstream to Wedington Drive, located in the City of Fayetteville, Washington County,
Arkansas (the Project). Additionally, initial conceptual -level alternatives will be evaluated for the
updated model segments of Hamestring Creek, Hamestring Creek Tributary 3, and South Fork
Hamestring Creek in an attempt to reduce flood extents and elevations.
If the CITY OF FAYETTEVILLE chooses to proceed with design of one or more alternatives,
additional tasks may be performed as Additional Services under this agreement. Such services
could also include preparation of an application for Conditional Letter of Map Revision (CLOMR)
for the proposed improvements as the potential improved area(s) are in existing regulatory FEMA
floodplain. It should be noted that the overall timeframe for issuance of a CLOMR by FEMA can
extend 12 months or more from the initial date of submittal of the application.
TASK 1— DATA GATHERING AND PROCESSING
ENGINEER will perform field reconnaissance activities, as needed, to verify select storm sewer
inventory; obtain field survey data (using a survey subconsultant) and available topographic data,
and process the data for use in subsequent tasks.
ENGINEER will obtain, review and categorize relevant historical and effective hydrologic and
hydraulic models available for the Project area, if available.
We will initiate this task upon receipt of notification to proceed including the signed contract and
expect to complete it within 60 days, although delays in field survey collection could result in a
longer time to completion if adverse weather conditions occur.
APPENDIX A - Hamestring Watershed Analysis and Mitigation Alternatives — Professional Engineering Services
Appendix A
May 26, 2020
Page 2
TASK 2 — HYDROLOGIC MODELING
ENGINEER will develop an updated hydrologic model for the Project area using information
gathered from Task 1 as appropriate. Hydrologic modeling of peak discharges along HSC may be
extended downstream to Rupple Road in order to allow an assessment of potential downstream
impacts should peak discharges increase as a result of upstream modifications to be considered in
Task 4. Peak discharge information for the 10%-, 2%-, 1%-, and 0.2%-annual-chance, (10-, 50-,
100-, 500-year), 24-hour flood events will be developed for use in subsequent tasks. This task is
expected to be completed within 60 days after receipt of notification to proceed.
TASK 3 — HYDRAULIC MODELING
Using the information gathered in Task 1 and discharges determined in Task 2, ENGINEER will
perform updated hydraulic modeling for the following stream segments:
HSC: From a point downstream of I-49 upstream to the current effective FEMA Flood Insurance
Rate Map (FIRM) Limit of Study.
HS-3: From the confluence with HSC upstream to Lewis Park (the current effective FEMA FIRM
Limit of Study).
SFHC: From the confluence with HSC upstream to the downstream side of Wedington Drive.
Any existing, certified as -built data available within the Project area is to be provided by the CITY
OF FAYETTEVILLE, in both PDF format and in Civil 3D or other appropriate CAD format, in
the coordinate system consistent with the CITY OF FAYETTEVILLE requirements.
Hydraulic modeling for the 10%-, 2%-, 1 %-, and 0.2%-annual-chance, 24-hour storm events and
the encroached I %-annual-chance (Floodway) event for HSC, HS-3, and SFHC will be developed.
The updated modeling will be used to prepare profiles representing expected flood elevations for
the Project area based upon existing conditions.
We expect to complete this task within 60 days after completion of Task 2 and receipt of necessary
survey data (Task 1).
If additional field survey collection or model development is required to address other altered
conditions not reflected in the effective hydraulic models, these tasks will be performed as
Additional Services.
TASK 4 — CONCEPTUAL - LEVEL EVALUATION OF ALTERNATIVES
ENGINEER will evaluate conceptual -level alternatives relating to the potential for reduction of
Base Flood Elevations, flood risk and floodplain mapping extents in the upper Hamestring
Watershed. Currently, it is estimated that there are approximately 30 single family residences
potentially impacted along HSC, approximately 75 single-family residences potentially impacted
along HS-3, and approximately 15 multi -family residences potentially impacted along SFHC.
APPENDIX A - Hamestring Watershed Analysis and Mitigation Alternatives — Professional Engineering Services
Appendix A
May 26, 2020
Page 3
Various scenarios will be considered including structure improvements, detention and channel
enlargement along HSC, structure improvements, detention and channel modifications along HS-
3, and structure modifications or removal and channel improvements along SFHC.
This scope includes preparation of a conceptual -level report of study results, evaluated alternatives
and potential improvements to reduce flood elevations and extents for the Project area. If the CITY
OF FAYETTEVILLE chooses to incorporate additional alternatives, this scope of services may be
modified to address more tasks as Additional Services.
We expect to provide our conceptual -level report of results to the CITY OF FAYETTEVILLE
within 45 days after the completion of Task 3. Any comments received from the CITY OF
FAYETTEVILLE will be addressed within two (2) weeks after receipt. This Project scope includes
attending one meeting with staff to discuss the results of the evaluation and one separate
neighborhood meeting, if desired, (to be arranged by the CITY OF FAYETTEVILLE) to explain
the alternatives and to present the findings.
If comments are provided by the CITY OF FAYETTEVILLE due to changes in regulations or to
address other items outside the Project scope, Additional Services may be required to address such
comments.
TASK 5 — COORDINATION
Perform general project coordination including progress reports and invoicing, project emails and
telephone calls with the CITY OF FAYETTEVILLE.
APPENDIX A - Hamestring Watershed Analysis and Mitigation Alternatives — Professional Engineering Services
APPENDIX B
Schedule and Deliverables
Hamestring Watershed Analysis and Mitigation Alternatives
Fayetteville, Arkansas
SCHEDULE
TASK
START*
END*
PROJECT AUTHORIZATION
6/23/2020
DATA GATHERING AND PROCESSING
6/23/2020
8/21/2020
HYDROLOGIC MODELING
6/23/2020
8/21/2020
HYDRAULIC MODELING
8/21/2020
10/20/2020
CONCEPTUAL — LEVEL EVALUATION OF
ALTERNATIVES
10/20/2020
12/4/2020
COORDINATION
6/23/2020
12/31 /2020
* Schedule dates are based upon assumed start date ot'June 23, 2020.
DELIVERABLES
Conceptual -level report of study results describing evaluated alternatives and potential
improvements to reduce flood elevations and extents for the Project area.
APPENDIX B - Hamestring Watershed Analysis and Mitigation Alternatives — Professional Engineering Services
APPENDIX C
2020 Fee Schedule'
FTN Associates, Ltd.
Labor Category Hourly Rate
Professional 7
$ 207.00
Professional 6
185.00
Professional 5
164.00
Professional 4
146.00
Professional 3
129.00
Professional 2
111.00
Professional 1
99.00
Technician 4
101.00
Technician 3
90.00
Technician 2
79.00
Technician 1
67.00
Executive Assistant
74.00
Word Processing
64.00
Direct Expenses
All direct project expenses will be invoiced at cost plus 10 percent. Direct project expenses include
such items as travel, meals, lodging, shipping, supplies, consultants, subcontractors, etc. Vehicle
mileage will be charged at standard IRS rates.
A charge of 2 percent is applied to the total labor amount to cover communication charges and
computer expenses associated with computer applications, data storage and backup.
Should back-up data be requested for reimbursable expenses, it will be provided for an
administrative fee.
Payment Terms
Unless other arrangements are made in writing, invoicing will be monthly for services completed
and will be sent via email to the Client. Payment is due in full within 30 days of invoice and are
preferred to be paid electronically through Automated Clearing House (ACH) system; however,
other methods are acceptable. A service charge of 1.5 percent per month will be charged on all
balances over 30 days.
'Effective January 1, 2020 — December 31, 2020
APPENDIX C - Hamestring Watershed Analysis and Mitigation Alternatives — Professional Engineering Services
Hamestring Watershed Study and Preliminary
Valley Drive Flood lain Mitigation Analysis
Meetings 2
Project Review Meeting, Public Meeting
Principal / Sr Eng Project Manager / Eng / GIS
GIs / Jr. Engr.
P7 P6 P5 P4 P3
P2 P1
T4 T3 T2 T1 74
Wp
Survey FTN Fee
Subconsultant
2020 rates
$ 207 $ 185 $ 164 $ 146 $ 129
$ 111 $ 99
$ 101 $ 90 $ 79 $ 67 $ 71
$ 64
Total Cost
t
Data Gathering and
Processing
$
15,652
Obtain, review, categorize
existing modeling
4
2
$ 854
Integrate existing terrain
and storm system data
4
6
$ 1,250
Survey
6
4
$ 1,380
Field reconnaissance
4
8
8
$ 2,168
FTN Survey
$ 91000 $ 1,000
2
Hydro"IcAM4s"
$
9,840
Delineation and
downstream impact
4
12
$ 1,844
Incorporate storm basins
4
4
4
$ 1,412
Develop peak
8
32
$ 4,480
OA review/documentation
8
8
$ 2,104
3
Hydraulic Analyses
$
24,058
HS-3 Entire Hydraulic
Model
16
60
$ 8,564
Hamestring Creek
Hydraulic Model update
4
24
$ 3,032
South Fork Hamestring
Hydraulic Model update
4
16
$ 2,240
CIA Reviews/Revisions
6
10
$ 1,974
Finalization
6
16
$ 2,568
Prepare Report
8
16
4
$ 3,152
Meet with City Staff,
Meet with Public
8
8
4
1
$ 2,528
Conceptual - Level
4
Evaluation of
$
22,094
Akematives
Valley Drive
8
24
8
$ 4,408
Lewis Park Detention
4
8
8
$ 2,168
HS-3 Structure
Improvements
4
12
8
$ 2,564
West End Modifications
6
12
8
$ 2,892
Road Crossing
Improvements
g
20
B
$ 4,012
HSC upstream detention
2
10
8
$ 2,038
Evaluate Optimal
Improvements
8
20
8
$ 4,012
6
Coordination
$
6,840
Project Management
12
6
$ 2.352
Coordination
12
12
$ 2,736
Reporting
6
12
$ 1.752
FTN Fee Total _
!
71111.41114
Budget Narrative - Hamestring Watershed Analysis and Mitigation Alternatives - Professional Engineering Services
0it.
V
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 30-24
File Number: 2023-1553
HAMESTRING CREEK AND TRIBUTARIES(GRANT APPLICATIONS):
A RESOLUTION TO AUTHORIZE APPLICATIONS FOR MATCHING GRANTS FOR THE HAMESTRING
CREEK AND TRIBUTARIES FLOOD MITIGATION EFFORTS
WHEREAS,on June 6,2023,the City Council approved Resolution No. 139-23 authorizing a contract with Freese&
Nichols, Inc. to research potential options to reduce flooding in the Hamestring repetitive loss area,including aiding the
City in the production of a grant application to seek funds for scoping and implementation of the most feasible solution;
and
WHEREAS,potential solutions have been identified and staff recommends submitting requests for funding through
the Flood Mitigation Assistance program, Building Resilient Infrastructure and Communities program,and from the
Arkansas Department of Emergency Management.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the Mayor to submit matching
grant applications for funding from the federal Flood Mitigation Assistance program and Building Resilient
Infrastructure and Communities program, as well as state funding available through the Arkansas Department of
Emergency Management for the Hamestring Creek and tributaries flood mitigation efforts.
PASSED and APPROVED on January 18,2024
Approv : Attest:
ions Jordan: ayor Kara Paxton,City CI Treasura� • '•' •
Page 1
CITY E CITY COUNCIL MEMO
FAYTTEVILLE' ARKANSAS 2023-1553
MEETING OF JANUARY 18, 2024
TO: Mayor Jordan and City Council
THRU: Chris Brown, Public Works Director
FROM: Alan Pugh, Staff Engineer
DATE:
SUBJECT: Approval to submit grant applications to multiple agencies for further scoping of the
Hamestring Creek and tributaries flood mitigation.
RECOMMENDATION:
Staff recommends approval to submit grant applications to multiple agencies for further scoping of the
Hamestring Creek and tributaries flood mitigation.
BACKGROUND:
Due to continued flooding and in response to the May 2017 flood event, the City Council approved a contract
with FTN Associates in May of 2020 in order to research potential solutions to the flooding in the Hamestring
repetitive loss area (RLA). This study looked at several options including upstream detention and channel
improvements to determine if the flooding could be alleviated. This study ultimately did not yield any feasible
results. As a follow up to this initial study, the City Council approved a contract with Freese and Nichols in
June of 2023 to further research potential options to reduce flooding. As a portion of this contract, Freese and
Nichols was tasked with aiding the in the production of a grant application to seek funds for scoping and
ultimately implementation of the most feasible solution.
DISCUSSION:
The study portion of the contract has been performed and has identified two potential solutions. These would
include buyout of structures or detention areas in the upstream portions of the watershed or a combination of
both. Some additional scenarios were uncovered during the analysis which would include combining many
different potential solutions. In order to move forward, the City intends to seek grant funding to finalize the
scoping and begin to seek funds to implement the most feasible solution.
With the grant the City also intends to seek reimbursement for a portion of the funds already allocated to the
project. The intent is to submit for Flood Mitigation Assistance (FMA) funding with the Arkansas Natural
Resources Division, Building Resilient Infrastructure and Communities (BRIC) and state funding with the
Arkansas Department of Emergency Management. The FMA and BRIC grants are ultimately submitted to the
Federal Emergency Management Agency for review and are nationally competitive while the state mitigation
grants are decided upon at a state level.
BUDGET/STAFF IMPACT:
The total amount of grant funding being requested would be approximately $400,000 which would include
approximately $250,000 of additional scoping and the previously allocated $151,420 the City has already
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
allocated toward the project. The total match for the grant is anticipated to be approximately $100,000.
However, it is not anticipated that additional funding from the City would be required at this time for the FMA
and BRIC grants as the previous allocation would cover the required matching funds. if additional funds are
required, the anticipated source would be either the 2019 Drainage Bond or Capital Improvement Program
funds.
ATTACHMENTS: SRF (#3), 164-20 Resolution (#4), 139-23 RESOLUTION (#5)
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville,AR 72701
Oi ir.rE7r�i
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville,AR 72701
(479)575-8323
4++44 Legislation Text
File #: 2023-1553
Approval to submit grant applications to multiple agencies for further scoping of the Hamestring
Creek and tributaries flood mitigation.
A RESOLUTION TO AUTHORIZE APPLICATIONS FOR MATCHING GRANTS FOR THE
HAMESTRING CREEK AND TRIBUTARIES FLOOD MITIGATION EFFORTS
WHEREAS, on June 6, 2023,the City Council approved Resolution No. 139-23 authorizing a contract
with Freese&Nichols, Inc. to research potential options to reduce flooding in the Hamestring repetitive
loss area, including aiding the City in the production of a grant application to seek funds for scoping and
implementation of the most feasible solution; and
WHEREAS, potential solutions have been identified and staff recommends submitting requests for
funding through the Flood Mitigation Assistance program, Building Resilient Infrastructure and
Communities program, and from the Arkansas Department of Emergency Management.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the Mayor to
submit matching grant applications for funding from the federal Flood Mitigation Assistance program
and Building Resilient Infrastructure and Communities program, as well as state funding available
through the Arkansas Department of Emergency Management for the Hamestring Creek and tributaries
flood mitigation efforts.
Page 1
City of Fayetteville Staff Review Form
2023-1553
Item ID
1/16/2024
City Council Meeting Date-Agenda Item Only
N/A for Non-Agenda Item
Chris Brown 12/21/2023 ENGINEERING (621)
Submitted By Submitted Date Division/Department
Action Recommendation:
Approval to submit grant applications to multiple agencies for further scoping of the Hamestring Creek and
tributaries flood mitigation.
Budget Impact:
Account Number Fund
Project Number Project Title
Budgeted Item? No Total Amended Budget $ -
Expenses (Actual+Encum) $ -
Available Budget $ -
Does item have a direct cost? No Item Cost $Is a Budget Adjustment attached? No Budget Adjustment $ -
Remaining Budget $ -
V20221130
Purchase Order Number: Previous Ordinance or Resolution# 164-20; 139-23
Change Order Number: Approval Date:
Original Contract Number:
Comments: