2020-10-20 - Agendas - FinalCity of Fayetteville, Arkansas
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
City Council Final Agenda
Tuesday, October 20, 2020
5:30 PM
City Hall Room 219
City Council Members
Council Member Sonia Gutierrez Ward I
Council Member Sarah Marsh Ward 1
Council Member Mark Kinion Ward 2
Council Member Matthew Petty Ward 2
Council Member Sloan Scroggin Ward 3
Council Member Sarah Bunch Ward 3
Council Member Teresa Turk Ward 4
Council Member Kyle Smith Ward 4
Mayor Lioneld Jordan
City Attorney Kit Williams
City Clerk Kara Paxton
City Council Meeting Final Agenda October 20, 2020
Call To Order
Roll Call
Pledge of Allegiance
Mayor's Announcements, Proclamations and Recognitions
City Council Meeting Presentations, Reports and Discussion Items
Agenda Additions
A. Consent
A.1 2019-0988
APPROVAL OF THE SEPTEMBER 29, 2020 SPECIAL CITY COUNCIL MEETING
MINUTES AND THE OCTOBER 6, 2020 CITY COUNCIL MEETING MINUTES
A.2 2020-0810
ANIMAL SERVICES DONATION REVENUE:
A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF
$22,238.00 REPRESENTING DONATION REVENUE TO ANIMAL SERVICES
A.3 2020-0811
BID #20-50 PALADINO PAINTING CO., LLC:
A RESOLUTION TO AWARD BID #20-50 AND AUTHORIZE A CONTRACT WITH
PALADINO PAINTING COMPANY, LLC IN THE AMOUNT OF $147,160.00 FOR
CONSTRUCTION RELATED TO THE REHABILITATION OF FOUR CONCRETE
CLARIFIER TROUGHS AT THE NOLAND WATER RESOURCE RECOVERY FACILITY
City of Fayetteville, Arkansas Page 2 Printed on 1011512020
City Council Meeting Final Agenda October 20, 2020
A.4
MR
A.6
A.7
2020-0830
BEAVER WATER DISTRICT:
A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF
$400,000.00 IN THE PURCHASED WATER ACCOUNT DUE TO INCREASED WATER
USAGE
2020-0812
BID #20-68 FOOD LOOPS, LLC:
A RESOLUTION TO AWARD BID #20-68 AND AUTHORIZE A CONTRACT WITH
FOOD LOOPS, LLC FOR A TERM OF ONE YEAR WITH AUTOMATIC RENEWALS FOR
UP TO FOUR ADDITIONAL ONE YEAR TERMS TO SUPPLY COMPOSTABLE CUPS
FOR USE IN THE OUTDOOR REFRESHMENT AREA IN VARIOUS SIZES, QUANTITIES
AND AMOUNTS ON AN AS NEEDED BASIS
2020-0817
LAKE FAYETTEVILLE BOAT & BIKE RENTAL, LLC:
A RESOLUTION TO APPROVE THE LAKE FAYETTEVILLE BOAT DOCK OPERATOR
CONTRACT WITH LAKE FAYETTEVILLE BOAT & BIKE RENTAL, LLC IN THE
AMOUNT OF $50,900.00 FOR SERVICES IN 2021, WITH AUTOMATIC RENEWALS
FOR UP TO FOUR ADDITIONAL ONE YEAR TERMS
2020-0818
BID #20-58 AUSTIN KING, INC. D/B/A KING ELECTRICAL CONTRACTORS:
A RESOLUTION TO AWARD BID #20-58 AND AUTHORIZE A CONTRACT WITH
AUSTIN KING, INC. D/B/A KING ELECTRICAL CONTRACTORS FOR ELECTRICAL
SERVICES ON AN ON -CALL BASIS FOR A TERM OF ONE YEAR WITH AN
AUTOMATIC RENEWAL FOR UP TO FOUR ADDITIONAL ONE YEAR TERMS
City of Fayetteville, Arkansas Page 3 Printed on 1011512020
City Council Meeting Final Agenda October 20, 2020
A.8
A.9
A.10
A.11
2020-0822
BID # 20-63 BULK CRUSHED ROCK SALT:
A RESOLUTION TO AWARD BID # 20-63 AND AUTHORIZE THE PURCHASE OF
BULK CRUSHED ROCK SALT FROM KANSAS SALT, LLC FOR $80.00 PER TON FOR
MATERIALS PICKED UP AND $93.12 PER TON FOR MATERIALS DELIVERED AS
NEEDED, AND TO AUTHORIZE THE USE OF CENTRAL SALT, LLC AS A SECONDARY
SUPPLIER
2020-0825
CONVERGINT TECHNOLOGIES NETWORK CONDUIT AND CABLING:
A RESOLUTION TO AUTHORIZE A CONTRACT WITH CONVERGINT
TECHNOLOGIES FOR THE PURCHASE AND INSTALLATION OF NETWORK
CONDUIT AND CABLING TO CONNECT CITY HALL TO THE TOWN CENTER IN THE
AMOUNT OF $50,996.50, PURSUANT TO A SOURCEWELL COOPERATIVE
PURCHASING CONTRACT, AND TO APPROVE A PROJECT CONTINGENCY IN THE
AMOUNT OF $5,000.00
2020-0826
CONVERGINT TECHNOLOGIES - SECURITY EQUIPMENT, SYSTEMS,
SERVICES, AND SUPPLIES:
A RESOLUTION TO AUTHORIZE THE PURCHASE OF FACILITY SECURITY
EQUIPMENT, SYSTEMS, SERVICES, AND SUPPLIES FROM CONVERGINT
TECHNOLOGIES, PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING
CONTRACT, ON AN AS -NEEDED BASIS THROUGH JUNE 30, 2021, AND ANY
FUTURE RENEWAL PERIODS
2020-0829
JORDAN DISPOSAL, LLC:
A RESOLUTION TO APPROVE AN AGREEMENT WITH JORDAN DISPOSAL, LLC FOR
THE HAULING OF SOLID WASTE IN THE CITY OF FAYETTEVILLE
City of Fayetteville, Arkansas Page 4 Printed on 1011512020
City Council Meeting Final Agenda October 20, 2020
A.12
A.13
A.14
2020-0828
BID #20-69 TERRA FIRMA HOLDINGS, LLC D/B/A T.F. THOMPSON CO.
ROOFING:
A RESOLUTION TO AWARD BID #20-69 AND AUTHORIZE A CONTRACT WITH
TERRA FIRMA RESTORATIONS, LLC D/B/A T.F. THOMPSON CO. ROOFING &
WATERPROOFING IN THE AMOUNT OF $46,200.00 FOR REPLACEMENT OF THE
GARLAND AVENUE HEAD START BUILDING ROOF, AND TO APPROVE A PROJECT
CONTINGENCY IN THE AMOUNT OF $6,900.00
2020-0814
AMEND THE 2019 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
ACTION PLAN:
A RESOLUTION TO AMEND THE 2019 COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) ACTION PLAN TO REFLECT CARES ACT SUPPLEMENTAL FUNDING IN THE
AMOUNT OF $556,197.00, TO AUTHORIZE MAYOR JORDAN TO EXECUTE THE
AMENDMENT WHEN RECEIVED, AND TO APPROVE A BUDGET ADJUSTMENT
2020-0832
BOSTON MOUNTAIN SOLID WASTE DISTRICT:
A RESOLUTION TO APPROVE A CONTRACT WITH THE BOSTON MOUNTAIN SOLID
WASTE DISTRICT FOR ENVIRONMENTAL EDUCATION AND OUTREACH SERVICES
IN THE AMOUNT OF $60,935.00 FOR YEARS 1 AND 2 AND $25,000.00 FOR YEARS 3
THROUGH5
City of Fayetteville, Arkansas Page 5 Printed on 1011512020
City Council Meeting Final Agenda October 20, 2020
A.15
A.16
2020-0806
2020 JAG LOCAL SOLICITATION AWARD:
A RESOLUTION TO AUTHORIZE ACCEPTANCE OF A 2020 JUSTICE ASSISTANCE
GRANT IN THE TOTAL AMOUNT OF $49,439.00 WHICH WILL BE USED TO
PURCHASE LAW ENFORCEMENT TRAINING AND EQUIPMENT FOR THE
FAYETTEVILLE POLICE DEPARTMENT AND THE WASHINGTON COUNTY
SHERIFF'S OFFICE, AND TO APPROVE A BUDGET ADJUSTMENT
2020-0824
2021 SELECTIVE TRAFFIC ENFORCEMENT PROGRAM GRANT:
A RESOLUTION TO AUTHORIZE ACCEPTANCE OF A 2021 SELECTIVE TRAFFIC
ENFORCEMENT PROGRAM GRANT IN THE AMOUNT OF $99,400.00, AND TO
APPROVE A BUDGET ADJUSTMENT
B. Unfinished Business
B.1
B.2
2020-0777
RZN-2020-000006 (1278 W. HENDRIX ST./FUGITT):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING
PETITION RZN 20-000006 LOCATED AT 1278 WEST HENDRIX STREET FOR
APPROXIMATELY 0.50 ACRES FROM RSF-8, RESIDENTIAL SINGLE FAMILY, 8
UNITS PER ACRE TO RSF-18, RESIDENTIAL SINGLE FAMILY, 18 UNITS PER ACRE
At the October 6, 2020 City Council meeting this ordinance was left on the first
reading.
2020-0709
AMEND §130.01 ADOPTION OF STATE CRIMINAL CODE:
AN ORDINANCE TO AMEND § 130.01 ADOPTION OF STATE CRIMINAL CODE OF
THE FAYETTEVILLE CODE TO INCLUDE A HATE CRIME COMPONENT WITHIN CITY
PROSECUTIONS OF CERTAIN STATE CRIMINAL MISDEMEANORS
At the October 6, 2020 City Council meeting this ordinance was left on the first
reading.
City of Fayetteville, Arkansas Page 6 Printed on 1011512020
City Council Meeting Final Agenda October 20, 2020
C. New Business
C.1 2020-0852
LANDLORDS IN FAYETTEVILLE:
A RESOLUTION TO ENCOURAGE ALL LANDLORDS IN FAYETTEVILLE TO ENSURE
THE HABITABILITY AND SAFETY OF THEIR RENTAL PROPERTIES, AND TO
REQUEST THAT THE MAYOR RESEARCH POTENTIAL CHANGES TO THE CITY CODE
TO PROVIDE GREATER PROTECTIONS TO TENANTS
C.2 2020-0821
RZN-2020-005 (660 W. WHILLOCK ST./MISTRETTA):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING
PETITION RZN 20-005 LOCATED AT 660 WEST WHILLOCK STREET FOR
APPROXIMATELY 0.80 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4
UNITS PER ACRE TO RMF-12, RESIDENTIAL MULTI FAMILY, 12 UNITS PER ACRE
C.3 2020-0819
RZN 2020-008 (1038 S. HOLLYWOOD AVE./PHILLIPS):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING
PETITION RZN 20-008 LOCATED AT 1038 SOUTH HOLLYWOOD AVENUE FOR
APPROXIMATELY 0.58 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4
UNITS PER ACRE TO CS, COMMUNITY SERVICES
CA 2020-0820
RZN 2020-010: (257 E. TOWNSHIP ST./ERC HOLDINGS):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING
PETITION RZN 20-010 LOCATED AT 257 EAST TOWNSHIP STREET FOR
APPROXIMATELY 1.40 ACRES FROM C-2, THOROUGHFARE COMMERCIAL TO UT,
URBAN THOROUGHFARE
City of Fayetteville, Arkansas Page 7 Printed on 1011512020
City Council Meeting Final Agenda October 20, 2020
C.5 2020-0816
VAC-2020-003 (SE OF RAZORBACK RD. & 15TH ST./TITAN RBR
PROPERTIES):
AN ORDINANCE TO APPROVE VAC 20-003 FOR PROPERTY LOCATED SOUTHEAST
OF RAZORBACK ROAD AND 15TH STREET TO VACATE A PORTION OF A WATER
AND SEWER EASEMENT
C.6 2020-0815
ADM 2020-006 (LOTS 21, 71, 74,167, & 286 PARK MEADOWS SD./PARK
MEADOWS SD):
A RESOLUTION PURSUANT TO § 166.04(B)(2) OF THE FAYETTEVILLE UNIFIED
DEVELOPMENT CODE TO APPROVE THE APPLICANT'S REQUEST TO NOT
DEDICATE ADDITIONAL RIGHT OF WAY FOR FIVE LOT SPLITS IN PARK
MEADOWS SUBDIVISION PHASES I AND II
C.7 2020-0827
CUP 2020-003 CLUSTER HOUSING APPEAL:
A RESOLUTION TO APPROVE CONDITIONAL USE PERMIT CUP 2020-003 FOR A
CLUSTER HOUSING DEVELOPMENT AND LIMITED BUSINESS WITH ASSOCIATED
PARKING AT 1629 NORTH CROSSOVER ROAD
D. City Council Agenda Session Presentations
E. City Council Tour
F. Announcements
G. Adjournment
NOTICE TO MEMBERS OF THE AUDIENCE
City of Fayetteville, Arkansas Page 8 Printed on 1011512020
City Council Meeting Final Agenda October 20, 2020
All interested persons may appear and address the City Council on Unfinished Business, New Business, and
Public Hearings at City Council meetings. If you wish to address the City Council on an agenda item, please
wait for the Mayor or Chair to request public comment. When the Mayor or Chair recognizes you, please
start your public comment by giving your name and address. Comments are to be addressed to the Mayor or
Chair. The Mayor or Chair will direct your comments to the appropriate elected officials, staff, or others for
response. Keep your comments respectful, brief, to the point, and relevant to the agenda item being
considered. Each speaker from the public will be allowed one turn to speak for discussion of an agenda item.
Below is a portion of the Rules of Order and Procedure of the Fayetteville City Council pertaining to City
Council meetings:
Agenda Additions: A new item which is requested to be added to the agenda at a City Council meeting should
only be considered if it requires immediate City Council consideration and if the normal agenda setting process
is not practical. The City Council may only place such new item on the City Council meeting's agenda by
suspending the rules by two-thirds vote. Such agenda addition shall be heard prior to the Consent Agenda.
Consent Agenda: Consent Agenda items shall be read by the Mayor and voted upon as a group without
discussion by the City Council. If a Council Member wishes to comment upon or discuss a Consent Agenda
item that item shall be removed and considered immediately after the Consent Agenda has been voted upon.
Unfinished Business and New Business:
Overview Period: Agenda items at a City Council meeting shall be introduced by the Mayor and, if an
ordinance, read by the City Attorney. City staff shall then present a report. An agenda applicant (city
contractor, rezoning or development applicant, etc.) may present its proposal only during this presentation
period, but may be recalled by a Council Member later to answer questions. City staff, Council Members and
applicants may use electronic visual aids in the City Council meeting as part of the presentation of the agenda
item. City staff s presentation and an Applicant's presentation whether presented by one or more than one
presenter shall each be limited to a maximum of ten (10) minutes unless the City Council by unanimous consent
or majority vote allows additional time.
Public Comments: Public comment at a City Council meeting shall be allowed for all members of the audience
who have signed up prior to the beginning of the agenda item they wish to address being opened for public
comment. Speakers shall be limited to a maximum of five (5) minutes to be broken into segments of three and
two minutes. Amendments may receive public comments only if approved by the City Council by unanimous
consent or majority vote. If public comment is allowed for an amendment, speakers will only be allowed to
speak for three (3) minutes. The City Council may allow both a speaker additional time and an unsigned -up
person to speak by unanimous consent or majority vote.
Courtesy and Respect: All members of the public, all city staff and elected officials shall accord the utmost
courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as
to integrity, abusive comments and statements about motives or personalities. Any member of the public who
violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall
City of Fayetteville, Arkansas Page 9 Printed on 1011512020
City Council Meeting Final Agenda October 20, 2020
leave the podium.
Interpreters or Telecommunications Devise for the Deaf (TDD), for hearing impaired are available for all City
Council meetings, a 72-hour advance notice is required. For further information or to request an interpreter,
please call 479-575-8330.
A copy of the complete City Council agenda is available on our website at www.fayetteville-ar.gov or in the
Office of the City Clerk, 113 W. Mountain, Fayetteville, Arkansas (479)575-8323.
All cell phones must be silenced and may not be used within the City Council Chambers.
City of Fayetteville, Arkansas Page 10 Printed on 1011512020
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2019-0988
Agenda Date: 10/20/2020 Version: 1 Status: Agenda Ready
In Control: City Council Meetinq
Agenda Number: A.1
File Type: Minutes
APPROVAL OF THE SEPTEMBER 29, 2020 SPECIAL CITY COUNCIL MEETING MINUTES AND
THE OCTOBER 6, 2020 CITY COUNCIL MEETING MINUTES
City of Fayetteville, Arkansas Page 1 Printed on 1011512020
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2020-0810
Agenda Date: 10/20/2020 Version: 1 Status: Agenda Ready
In Control: City Council Meetinq File Type: Resolution
Agenda Number: A.2
ANIMAL SERVICES DONATION REVENUE:
A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $22,238.00
REPRESENTING DONATION REVENUE TO ANIMAL SERVICES
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 budget adjustment, a
copy of which is attached to this Resolution, in the amount of $22,238.00 representing donation revenue to
Animal Services from January through September 23, 2020.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby expresses its sincere appreciation
for the donations.
City of Fayetteville, Arkansas Page 1 Printed on 1011512020
Justine Lentz
Submitted By
City of Fayetteville Staff Review Form
2020-0810
Legistar File ID
10/20/2020
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
9/24/2020 ANIMAL SERVICES (671)
Submitted Date Division / Department
Action Recommendation:
Approve a budget adjustment in the amount of $22,238 representing donation revenue to Animal Services received
from January 1 through September 23, 2020.
see attached detail
Account Number
33048-1
Project Number
Budgeted Item? Yes
Does item have a cost? No
Budget Adjustment Attached? Yes
Purchase Order Number:
Change Order Number:
Original Contract Number:
Budget Impact:
General Fund
Fund
Animal Services Donations
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$ 25,448.00
$ 15.57
$ 25,432.43
$ 22,238.00
$ 47,670.43
V20180321
Previous Ordinance or Resolution #
Approval Date:
Comments: Staff recommends approval of a budget adjustment in the amount of $22,238
CITY OF
FAYETTEVILLE
ARKANSAS
W
MEETING OF OCOTOBER 20, 2020
TO: Mayor and City Council
CITY COUNCIL MEMO
THRU: Yolanda Fields, Director of Community Resources
FROM: Justine Lentz, Animal Services Superintendent
DATE: 9/24/20
SUBJECT: Approval of resolution to approve a budget adjustment for Animal Services
RECOMMENDATION:
Staff recommends approval of a budget adjustment to recognize and allocate the Animal
Services donation revenue from January through September 23, 2020.
BACKGROUND:
Animal Services would like to recognize donation revenue from citizens and businesses made
from January through September 23, 2020. These funds are donated be our generous
community to benefit the animals cared for by Animal Services program of the city of
Fayetteville. We appreciate their support.
DISCUSSION:
BUDGET/STAFF IMPACT:
Recognize and allocate animal services donations in the amount of $22,238
Attachments:
Budget adjustment
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar)
Budget Year Division Adjustment Number
ANIMAL SERVICES (671)
2020 /Org2
Requestor: Justine Lentz
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
Recognize and allocate donation revenue made to the animal services program by citizens and businesses from January
1, 2020 to September 23, 2020.
COUNCIL DATE:
LEGISTAR FILE ID#:
10/20/2020
2020-0810
HoRy 3lac�
9/2V2020 10:34 AM
Budget Director
TYPE:
JOURNAL #:
Date
D - (City Council)
10/20/2020
GLDATE:
I
RESOLUTION/ORDINANCE
CHKD/POSTED:
TOTAL
22,238 22,238
v.20200820
Increase / (Decrease)
Proiect.Sub#
Account Number
Expense Revenue
Project Sub.Detl AT
Account Name
1010.671.2740-4809.00
- 22,238
RE
Donations
1010.671.2740-5200.00
500 -
33048 1 EX
Supplies - Office/Printing
1010.671.2740-5200.03
2,500 -
33048 1 EX
Supplies - Veterinary
1010.671.2740-5400.00
19,238 -
33048 1 EX
Building & Grounds - Maintenance
H:\Budget Adjustments\2020_Budget\City Council\10-20-2020\2020-0810 BA Animal Services donations 1 of 1
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2020-0811
Agenda Date: 10/20/2020 Version: 1 Status: Agenda Ready
In Control: City Council Meetinq File Type: Resolution
Agenda Number: A.3
BID #20-50 PALADINO PAINTING CO., LLC:
A RESOLUTION TO AWARD BID #20-50 AND AUTHORIZE A CONTRACT WITH PALADINO
PAINTING COMPANY, LLC IN THE AMOUNT OF $147,160.00 FOR CONSTRUCTION RELATED
TO THE REHABILITATION OF FOUR CONCRETE CLARIFIER TROUGHS AT THE NOLAND
WATER RESOURCE RECOVERY FACILITY
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #20-50 and
authorizes a contract with Paladino Painting Company, LLC in the amount of $147,600.00 for construction
related to the rehabilitation of four concrete clarifier troughs at the Noland Water Resource Recovery Facility.
City of Fayetteville, Arkansas Page 1 Printed on 1011512020
Tim Nyander
Submitted By
City of Fayetteville Staff Review Form
2020-0811
Legistar File ID
10/20/2020
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
9/30/2020 WASTEWATER TREATMENT (730)
Submitted Date Division / Department
Action Recommendation:
Staff recommends awarding Bid #20-50 and authorizing a contract with Paladino Painting Co., LLC in the amount of
$147,160.00 for construction related to the rehabilitation of four concrete clarifier troughs at the Noland Water
Resource Recovery Facility.
Budget Impact:
5400.730.5800-5400.00
Water and Sewer
Account Number
Fund
02032.1
WWTP Building Improvements
Project Number
Project Title
Budgeted Item? Yes
Current Budget
$ 3,887,656.00
Funds Obligated
$ 2,792,301.48
Current Balance
$ 1,095,354.52
Does item have a cost? Yes
Item Cost
$ 147,160.00
Budget Adjustment Attached? No
Budget Adjustment
$ -
Remaining Budget
948,194.52
V20180321
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF OCTOBER 20, 2020
TO: Mayor and City Council
THRU: Susan Norton, Chief of Staff
Tim Nyander, Utilities Director
FROM: Corey Granderson, Utilities Engineer
DATE: September 30, 2020
CITY COUNCIL MEMO
SUBJECT: Bid #20-50, Paladino Painting Co., LLC — Construction Contract for Noland
WRRF Clarifier Trough Rehab
RECOMMENDATION:
Staff recommends awarding Bid #20-50 and approving a construction contract with Paladino
Painting Co., LLC in the amount of $147,160.00 for construction related to the rehabilitation of
four concrete clarifier troughs at the Noland Water Resource Recovery Facility.
BACKGROUND:
These secondary (or final) clarifiers at the Noland WRRF allow the activated sludge floc to settle
out of the water and be pumped to solids handling or returned to the activated sludge process.
Effluent leaving these clarifiers must flow through the concrete troughs that are being
rehabilitated with this project. The concrete is decades old and has never been coated or
rehabilitated. This project will increase the serviceable life of the concrete here, avoiding the
need for more costly repairs or reconstruction.
DISCUSSION:
On August 19, 2020 the City of Fayetteville accepted sealed competitive bids for the Noland
WRRF Clarifier Trough Rehab project. Only one bid was received. Paladino Painting Co. bid
$173,550.00 on the original scope. To keep the project within the max award amount of
$125,000.00, two deductive alternates were taken for a total of $90,150.00.
During contract negotiation the project was value -engineered to use a different concrete mortar
repair product. This resulted in a unit cost reduction of $5,700 per clarifier or $22,800 total
reduction. Furthermore, this reduced the cost for bonding and insurances by $3,590. A Change
Order is proposed along with this bid award contract to adjust the unit pricing to reflect the value
engineering exercise. The total project cost after this change order is $147,160.00.
BUDGET/STAFF IMPACT:
Funds are available for this project in the WWTP Building Improvements account.
Attachments:
Certified Bid Tab, Bid #20-50
Agreement & Change Order #1
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
City of Fayetteville
Bid 20-50, Construction - Noland Clarifier Trough Liner
Contract - Between City and Contractor
This contract executed this _ day of 2020. between the City of Fayetteville, Arkansas, and
Paladin Painting Company, LLC (Paladin) In consideration of the mutual covenants
contained herein, the parties agree as follows.
Paladino at its own cost and expense shall furnish all labor, materials, supplies, machinery,
equipment. tools, supervision, bonds, insurance. tax permits, and all other accessories and services necessary to
complete items bid per Bid 20-50 as stated it Paladin's bid proposal, and in accordance with
specifications attached hereto and made a part hereof under Bid 20-50, all included herein as if spelled out word
for word.
1 2. The C ty of Fayetteville shad pay Paladino based on their bid proposal in an amount not to exceed
$90,150.00 Payments will be made after approval and acceptance of work and submission of invoice.
Payments will be made approximately 30 days after receipt of invoice.
3. The Contract documents which comprise the contract betweer the City of Fayetteville and
Paladino consist of this Contract and the following documents attached hereto, and made a part
hereof:
A. Bid form identified as invitation to Bid 20-50 with the specifications and conditions typed thereon
B. Paladinds bid proposal.
C. The Notice to Prospective Bidders and the Bid Tabulation.
4. These Contract documents constitute the entire agreement between the City of Fayetteville and
Paladino and may be modified only by a duly executed written instrument signed by the City of
Fayetteville and Paladinn
5. Paladino shall not assign its duties under the terms of this agreement.
6. Paladino agrees to hold the City of Fayetteville harmless and indemnify the City of Fayetteville,
against any and all claims for property damage, personal injury or death, arising from Paladin's
performance of this contract. This clause shall not in any form or manner be construed to waive that tort
immunity set forth under Arkansas Law.
7. Paladino shall furnish a certificate of .nsurarce addressed to the City of Fayetteville, showing that he
carries the following insurance which shall be maintained throughout the term of the Contract. Any work sublet,
the contractor shall require the subcontractor similarly to provide worker's compensation insurance. In case any
employee engaged in work en the project under this contract is not protected under Workers Compensation
Insurance, Paladino shall provide and shall cause each Subcontractor to provide adequate employer's
liability insurance ;or the protection of such of his employees as are not otherwise protected.
Workmen's Compensation Statutory Amount
CGtp cr Pavii 4Q
Bid 20.50, Conctructio� - No-ano - ar.fie•'rO;,gn Liner
Page 3_ of 33
Comprehers .e =e^e al &
Automobile ins,.rance
Bodily Injury Liability
Property Damage L'abdity
5500,000 for each person injured.
51.000.000 for each accident.
$1,000,000 aggregate.
The premiums for all insurance and the bond required herein shall be paid by Paladin
8. Paladin to furnish proof of hcensure as requred by all local and state agencies
9. This contract may oe terminated by the City of Fayetteville or Paladin with 30 days
written notice.
10. This oroiect shall be completed within 50 calendar days from issue date of Notice to Proceed.
11. Liquidated Damages: Not applicable for this project.
12. Freedom of Information Act: City of Favettevole convacts and documents prepared while performing city
contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act
request is presented to the City of Fayetteville, :he contractor will do everything possible to provide the
documents in a prompt and timely manrer as prescribed in the Arkansas Freedom of Information Act (A.C.A. 25-
19-101 et. Sec.). Only legally authorized photo coping costs pursuant to the FOIA may be assessed for this
compliance.
13. Changes in Scope or Price: Changes, modifications, or amendments in scope, price or fees to this contract shall
not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in
advance of the change in scope, cost or fees.
WITNESS OUR HANDS THIS DAY OF 12018.
TRACTOR NAME CITY OF FAYETTEVILLE, ARKANSAS
I o.Cr ati 3r.
�g�aturA UONELDJORDAN, Mayor
l ,YUS 1 �a�t' �l1CCr dCL�T
or .ed
%PESTNT'EST % nptu ��"r
'a
Co any Secretary
Business 4adss
1U4 Wa J 1)h rt Mw(- -ey " 72110
City. State & Z o Code
ATTEST:(Signature)
Kara Paxton, City Clerk -Treasurer
Date Signed: Date Signed:
City of Fayetteviue. AP
Bid 20-50. Constr,R.or - Ycla-3 _- a- i_
Page 33 of 33
CITY OF
JWFAYETTEVILLE
ARKANSAS
Change Order No.
To Contractor: Paladin Painting Co., LLC
The Contract is changed as follows:
CHANGE ORDER
Contract Title:
Date of Issuance:
ORDINANCE/RESOLUTION:
Effective:
Bid 20-50, Construction, Noland Clarifier Troughs
Bid
Bid
Previous
Unit
Contract
Revised
Revised
Original
Revised
Item
Item
Estimated
of
Unit
Estimated
Unit
Estimated
Estimated
No.
Description
Quantity
Measure
Price
Quantity
Price
Cost
Cost
I
Bonding and Insurance
I
LS
$ 6,750.00
1
$ 3,160.00
$6,750.00
$3,160.00
2
Trough Rehabilitation
2
EA
$ 41.700.00
4
$ 36,000.00
$93,400.00
$144,000.00
Summation of Cost $90,150.00
Net Cost for this Change Order
the original Contract Price was
Net change by previously authorized change orders
The Contract Price prior to this Change Order was
The Contract Price will increase by
The new Contract Price including this Change Order will be
The Contract Time(s) will [remain unch
Required dates of Completion as of the date of this Change Order therefore are:
Substantial Completion
Final Completion
NOTE: This summary does not reflect changes in the Contract Price or Timets) which have been authorized by Work Change Directives not incorporated in this or
previous Change Orders.
Paladino Painting Co., LLCC�
h1 7"t0.�t1�ID. iltM#.
B DATE
CITY OF FAYETTEVILLE
BY
DATE
$147,160.00
$57,010.00
$90,150.00
TBD
Page 1 of t
CITY OF
FAYETTEVILLE
ARKANSAS
Bid Tabulation
Bid 20-50, Construction - Noland Clarifier Trough Rehab
ueaa►►ne: weanesaay, Hugusr ly, ZUZU Velore Z:uu VIVI, Loca► rime
Paladino Painting Co.,
Certification of Funds: $100,00.00
FLLC
Certification of Funds + 25% (Max Allowed Award): $125,000.00
Total Cost
$ 90,150.0
Unit
Quantity of
Unit Total
# Items
Required Measure
Price Cost
#1-1 Bonding and Insurance
1 Lump Sum
$ 6,750.0 $ 6,750.0
Furnish and install a cementitious, one -component
resurfacing mortar liner on all interior concrete surfaces
I
#1-2 within a secondary clarifier
4 EA
$ 41,700.0 $ 166,800.0
Deductive Alternate - Furnish and install a cementitious,
one -component resurfacing mortar liner on all interior
#2-1 concrete surfaces within a secondary clarifier
-1 EA
$ 41,700.0 $ -41700
Deductive Alternate 2 - Furnish and install a
cementitious, one -component resurfacing mortar liner
on all interior concrete surfaces within a secondary
#2-2 clarifier
-1 EA
$ 41,700.0 $ -41700
cirr of
EE YILL ARKANS
AYICANiAS
Bid 20-50 - Bid 20-50, Construction - Noland
Clarifier Troughs
Project Overview
Project Details
Reference ID Bid 20-50
Project Name Bid 20-50, Construction - Noland Clarifier Troughs
Project Owner Andrea Foren
Project Type ITB
Department Purchasing
Certification of $100,000.00
Funds
Project Description Noland Clarifier Troughs
Open Date Jul 26, 2020 12:00 AM CDT
Close Date Aug 19, 2020 2:00 PM CDT
Highest Scoring Supplier
Paladino Painting Co., LLC
Seal status
Score
100 pts
Requested Information Unsealed on Unsealed by
corn of
RATETTLYILL.
AYRAMS"
Required City Forms
Bid Bond
Aug 19, 2020 2:01 PM CDT
Aug 19, 2020 2:01 PM CDT
Bid 20-50, Bid Form (BT-37GS) Aug 19, 2020 2:01 PM CDT
AR Secretary of State Filing #-
AR Contractor's License #
Pursuant Arkansas Code
Annotated §25-1-503, the
Contractor agrees and certifies
that they do not currently
boycott Israel and will not
boycott Israel during any time
in which they are entering into,
or while in contract, with any
public entity as defined in §25-
1-503. If at any time during
contract the contractor decides
to boycott Israel, the contractor
must notify the contracted
public entity in writing.
Conflict of Interest
Aug 19, 2020 2:01 PM CDT
Aug 19, 2020 2:01 PM CDT
Aug 19, 2020 2:01 PM CDT
Les McGaugh
Les McGaugh
Les McGaugh
Les McGaugh
Les McGaugh
Les McGaugh
# Declaration of Conflict of Interest You have been chosen as a Committee member for this
Evaluation. Please read the following information on conflict of interest to see if you have any
problem or potential problem in serving on this committee. ## Code of Conduct All information
related to submissions received from Suppliers or Service Providers must be kept confidential by
Committee members. ## Conflict of Interest No member of a Committee shall participate in the
evaluation if that Committee member or any member of his or her immediate family: * has direct or
indirect financial interest in the award of the contract to any proponent; * is currently employed by,
or is a consultant to or under contract to a proponent; * is negotiating or has an arrangement
concerning future employment or contracting with any proponent; or, * has an ownership interest in,
or is an officer or director of, any proponent. Please sign below acknowledging that you have
received and read this information. If you have a conflict or potential conflict, please indicate your
conflict on this acknowledgment form with information regarding the conflict. I have read and
understood the provisions related to the conflict of interest when serving on the Evaluation
Committee. If any such conflict of interest arises during the Committee's review of this project, I will
immediately report it to the Purchasing Director.
cirr of
ARKAMSFATETLYILL.
AYICANLAi
Name Date Signed Has a Conflict of Interest?
Les McGaugh Aug 19, 2020 2:02 PM CDT No
CITY OF
ri FAYETTEVILL■
ARKANS"
Submissions
Supplier
Paladino Painting Co.,
LLC
Date Submitted
Aug 19, 2020 11:47 AM
CDT
Name
Terry Upchurch
Email
ppcestimating@yahoo.com
Confirmation Code
OTU1OTU=
CITY OF
ri FAYETTEVILL■
ARKAMS"
Scoring Summary
Active Submissions
Total
Supplier / 100 pts
Paladino Painting Co., LLC 100 pts
Within Certified
Pass/Fail
Pass
Total Base Bid Price
/ 100 pts
100 pts ($173,550.00)
corn of
RATETTLYILL.
AYRAMS"
Signatures
Name
Andrea Foren
(Project Owner)
Les McGaugh
(Evaluator)
Andrea
Foren
Signatures
Digitally signed by
Andrea Foren
Date: 2020.10.08
10:58:35-05'00'
Les McGaugh Digitally signed by Les McGaugh
Date: 2020.10.08 10:49:45-05'00'
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2020-0830
Agenda Date: 10/20/2020 Version: 1 Status: Agenda Ready
In Control: City Council Meetinq
Agenda Number: A.4
BEAVER WATER DISTRICT:
File Type: Resolution
A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $400,000.00 IN
THE PURCHASED WATER ACCOUNT DUE TO INCREASED WATER USAGE
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 budget adjustment, a
copy of which is attached to this Resolution, in the amount of $400,000.00 in the purchased water account due
to increased water usage.
City of Fayetteville, Arkansas Page 1 Printed on 1011512020
Kevin Springer
Submitted By
City of Fayetteville Staff Review Form
2020-0830
Legistar File ID
10/20/2020
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
10/1/2020 BUDGET & INFORMATION MGMT (133)
Submitted Date Division / Department
Action Recommendation:
Staff recommends approval of a budget adjustment in the amount of $400,000.00 in the Purchased Water account
due to increased water usage, which is purchased from Beaver Water District. The increased usage reflects an
increase in revenues, and is recognized in this budget adjustment.
Budget Impact:
5400.720.3800-5312.00
Water/Sewer
Account Number Fund
N/A N/A
Project Number
Budgeted Item? Yes
Does item have a cost? No
Budget Adjustment Attached? Yes
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$ 8,628,000.00
$ 6,766,527.78
$ 1,861,472.22
$ 400,000.00
2,261,472.22
Previous Ordinance or Resolution #
Approval Date:
V20180321
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF OCTOBER 20TH 2020
TO: Mayor and City Council
THRU: Paul A. Becker, Chief Financial Officer
FROM: Kevin Springer, Budget Director
DATE: October 1, 2020
CITY COUNCIL MEMO
SUBJECT: Approval of a Budget Adjustment to Increase Water Purchases Account
RECOMMENDATION:
Staff recommends increasing Water Purchases by $400,000 to cover the anticipated
costs of purchasing water from Beaver Water District through the end of 2020.
BACKGROUND:
At the beginning of each budget cycle, the Utilities Department calculates the amount of
money needed to purchase water from Beaver Water District for the entire year. This is
accomplished by looking into the water usage history of the City in the previous year or
years, and make some changes based on growth, climate and non -revenue water loss.
DISCUSSION:
The previous three (3) months have indicated an approximately 10% increase in water
usage compared to last year, due to several factors. The unseasonably wet weather in
2019 had reduced water consumption and in 2020, increased water usage due to
COVID-19.
BUDGET/STAFF IMPACT:
Because most of the growth in the purchase of water directly corresponds with a growth
in revenue, there are additional revenues received in water sales. The $400,000
requested for Water Purchases will come from the recognition of $400,000 in water
sales.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar)
Budget Year Division Adjustment Number
/Org2 WATER SEWER (720)
2020
Requestor: Kevin Springer
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
Staff recommends approval of a budget adjustment in the amount of $400,000.00 in the Purchased Water account due
to increased water usage, which is purchased from Beaver Water District. The increased usage reflects an increase in
revenues, and is recognized in this budget adjustment.
COUNCIL DATE:
LEGISTAR FILE ID#:
10/20/2020
2020-0830
Ke�vi w Spud-* e
10/1 /2020 10:18 AM
Budget Director
TYPE:
JOURNAL #:
Date
D - (City Council)
I GLDATE: 10/20/2020
RESOLUTION/ORDINANCE CHKD/POSTED:
TOTAL 400,000 400,000 v.20200820
Increase / (Decrease) Proiect.Sub#
Account Number Expense Revenue Project Sub.Detl AT Account Name
5400.720.3800-5312.00 400,000 - EX Purchased Water
5400.720.4310-4431.01 - 400,000 RE Water Sales -On Computer
H:\Budget Adjustments\2020_Budget\City Council\ 1 0-20-2020\2020-0830 BA Water Purchases.xlsm 1 of 1
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2020-0812
Agenda Date: 10/20/2020 Version: 1 Status: Agenda Ready
In Control: City Council Meetinq
Agenda Number: A.5
BID #20-68 FOOD LOOPS, LLC:
File Type: Resolution
A RESOLUTION TO AWARD BID #20-68 AND AUTHORIZE A CONTRACT WITH FOOD LOOPS,
LLC FOR A TERM OF ONE YEAR WITH AUTOMATIC RENEWALS FOR UP TO FOUR
ADDITIONAL ONE YEAR TERMS TO SUPPLY COMPOSTABLE CUPS FOR USE IN THE
OUTDOOR REFRESHMENT AREA IN VARIOUS SIZES, QUANTITIES AND AMOUNTS ON AN
AS NEEDED BASIS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #20-68 and
authorizes a contract with Food Loops, LLC for a term of one year with automatic renewals for up to four
additional one year terms to supply compostable cups for the outdoor refreshment area in various sizes,
quantities and amounts on an as needed basis.
City of Fayetteville, Arkansas Page 1 Printed on 1011512020
City of Fayetteville Staff Review Form
2020-0812
Legistar File ID
10/20/2020
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Devin Howland 10/1/2020 ECONOMIC DEVELOPMENT (050)
Submitted By Submitted Date Division / Department
Action Recommendation:
STAFF IS RECOMMENDING APPROVAL OF A RESOLUTION AWARDING BID # 20-68 AND AUTHORIZING A CONTRACT
WITH FOOD LOOPS FOR COMPOSTABLE CUPS FOR THE OUTDOOR REFRESHMENT AREA.
Account Number
Project Number
Budgeted Item? NA
Does item have a cost? NA
Budget Adjustment Attached? NA
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Budget Impact:
Fund
Project Title
Current Budget $ -
Funds Obligated $ -
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
V20180321
Previous Ordinance or Resolution #
Approval Date:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF OCTOBER 20, 2020
TO: Mayor and City Council
THRU: Susan Norton, Chief of Staff
FROM: Devin Howland, Director of Economic Vitality
DATE: October 1, 2020
CITY COUNCIL MEMO
SUBJECT: A RESOLUTION TO AWARD BID #20-68 AND AUTHORIZE A CONTRACT
WITH FOOD LOOPS FOR COMPOSTABLE CUPS FOR THE OUTDOOR REFRESHMENT
AREA.
RECOMMENDATION:
STAFF IS RECOMMENDING APPROVAL OF A RESOLUTION TO AWARD BID #20-68 AND
AUTHORIZE A CONTRACT WITH FOOD LOOPS FOR COMPOSTABLE CUPS FOR THE
OUTDOOR REFRESHMENT AREA.
BACKGROUND:
The Outdoor Refreshment Area Pilot Program began on July 22, 2020. Since the program
began over 85,000 cups have been distributed to over 53 participating businesses and anchor
institutions (9/28/20).
Per Ordinance 6322, the City's Environmental Director designated that the cups used for the
program be BPI certified compostable in order to compliment the City's waste diversion efforts.
The Department of Economic Vitality used its promotional activities funds to establish the
Outdoor Refreshment Area, including purchasing cups for the beginning of the pilot program.
During the development of the pilot program, staff conducted extensive research in order to find
the most economical cup solution for the program, while ensuring Fayetteville's sustainability
goals were adhered to. Following the receipt of written quotes, Food Loops offered the best
price on compostable 12-ounce and 16-ounce cups and its cups have largely fueled the
program thus far.
The program has been far more successful than staff originally anticipated, with double the
estimated businesses selling into the program and ORA drink sales outpacing what the
Department of Economic Vitality envisioned, a long-term solution was needed to ensure
sustainable cups keep the program functioning. Bid 20-68 was created to resolve this issue
while bringing the best possible price to participating businesses within the Outdoor
Refreshment Area.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
DISCUSSION:
Staff is recommending the award for Bid 20-68 be given to Food Loops, who responded with the
followinq costs:
Item
Quantity
Required
Unit
Price
Total Cost
12-ounce branded 1000 cups Bulk
50
95.47
4773.50
12-ounce branded 1000 cups business direct
1
95.47
95.47
16-ounce branded 1000 cups Bulk
50
118.43
5291.50
16-ounce branded 1000 cups business direct
1
118.43
118.43
12-ounce plain 1000 cups Bulk
50
85.20
4260.00
12-ounce plain 1000 cups business direct
1
85.20
85.20
16-ounce plain 1000 cups Bulk
50
112.06
5603.00
16-ounce plain 1000 cups business direct
1
112.06
112.06
Authorization of the contract does not appropriate funding to the program, rather it establishes
the above listed prices for four (4) one (1) year terms.
Within the contract there are two possible purchasing paths: The City buying cups in bulk and
the ability for businesses to purchase them directly from Food Loops. The City can purchase in
bulk with a minimum of 50 cases per cup size. The contract also establishes a purchase price
for businesses to purchase directly from Food Loops and benefit from the same price which the
City pays. Another notable component of the contract is the plain vs. branded, giving the City
flexibility to change the program should it be necessary in the future.
Currently, the City has 70,000 cups in reserves and anticipates transitioning to businesses
purchasing the cups directly from Food Loops once the reserves are depleted (with ample
notification time as to not disrupt the program). At this point in time, staff is not recommending
moving to branded cups in order to make the program more profitable for both the City and
businesses. The current cups have a green lettering band around them, making them
distinguishable from other drinking vessels. A pivot to branded cups could be done in the future
once the economic conditions in Fayetteville are on the rise. Thus far, the City has not
experienced a financial loss providing the cups to participating businesses at no cost, rather the
program operates with a profit to the City, even when the cups are provided for free:
$7 Total Cost of Beverage
Wristband Cost
0.03
12 Ounce Cup Cost
0.0852
Total Cost to City
0.1152
Wristband Cost
0.03
16 Ounce Cup Cost
0.11206
Total Cost to City
0.14206
Beverage
$6
Business ORA Charge
$1
Total Sale Price
$7
Sales and HMR 4%
$0.28
Net Profit to City 12 ounce
$0.16
Net Profit to City 16 ounce
$0.14
$8 Total Cost of Beverage
Wristband Cost
0.03
12 Ounce Cup Cost
0.0852
Total Cost to City
0.1152
Wristband Cost
0.03
16 Ounce Cup Cost
0.11206
Total Cost to City
0.14206
Beverage
$7
Business ORA Charge
$1
Total Sale Price
$8
Sales and HMR 4%
$0.32
Net Profit to City 12 ounce
$0.20
Net Profit to City 16 ounce
$0.18
$9 Total Cost of Beverage
Wristband Cost
0.03
12 Ounce Cup Cost
0.0852
Total Cost to City
0.1152
Wristband Cost
0.03
16 Ounce Cup Cost
0.11206
Total Cost to City
0.14206
Beverage
$8
Business ORA Charge
$1
Total Sale Price
$9
Sales and HMR 4%
$0.36
Net Profit to City 12 ounce
$0.24
Net Profit to City 16 ounce
$0.22
The table below shows hypothetical tax revenue from ORA sales with businesses purchasing
the cups directly from Food Loops. The transition to businesses purchasing their own cups
comes for multiple reasons: The Department of Economic Vitality has depleted it's "promotional
activities" funds for 2020, it shifts the management of cups from City staff to the businesses -
essentially enabling ORA to operate fully at the management of participating businesses, and
brings the district to in -line with other public consumption districts across the country:
RESTAURANT AND HOTEL SALES (4% TAX)
$7 Total Cost of Beverage
Wristband Cost
0.03
Total Cost to City
0.03
Wristband Cost
0.03
Total Cost to City
0.03
Beverage
$6
Business ORA Charge
$1
Total Sale Price
$7
Sales and HMR 4 %
$0.28
Net Profit to City 12 ounce
$0.25
Net Profit to City 16 ounce
$0.25
$8 Total Cost of Beverage
Wristband Cost
0.03
Total Cost to City
0.03
Wristband Cost
0.03
Total Cost to City
0.03
Beverage
$7
Business ORA Charge
$1
Total Sale Price
$8
Sales and HMR 4%
$0.32
Net Profit to City12 ounce
$0.29
Net Profit to City16 ounce
$0.29
$9 Total Cost of Beverage
Wristband Cost
0.03
Total Cost to City
0.03
Wristband Cost
0.03
Total Cost to City
0.03
Beverage
$8
Business ORA Charge
$1
Total Sale Price
$9
Sales and HMR 4 %
$0.36
Net Profit to City 12 ounce
$0.33
Net Profit to City 16 ounce
$0.33
BAR AND PRIVATE CLUB SALES (2% TAX)
$7 Total Cost of Beverage
Wristband Cost
0.03
Total Cost to City
0.03
Wristband Cost
0.03
Total Cost to City
0.03
Beverage
$6
Business ORA Charge
$1
Total Sale Price
$7
Sales 2 %
$0.14
Net Profit to City 12 ounce
$0.11
Net Profit to City 16 ounce
$0.11
$8 Total Cost of Beverage
Wristband Cost
0.03
Total Cost to City
0.03
Wristband Cost
0.03
Total Cost to City
0.03
Beverage
$7
Business ORA Charge
$1
Total Sale Price
$8
Sales 2 %
$0.16
Net Profit to City 12 ounce
$0.13
Net Profit to City 16 ounce
$0.13
$9 Total Cost of Beverage
Wristband Cost
0.03
Total Cost to City
0.03
Wristband Cost
0.03
Total Cost to City
0.03
Beverage
$8
Business ORA Charge
$1
Total Sale Price
$9
Sales 2 %
$0.18
Net Profit to City 12 ounce
$0.15
Net Profit to City 16 ounce
$0.15
BUDGET/STAFF IMPACT:
This item has no direct cost to the City of Fayetteville.
Attachments:
Ordinance 6322
Bid 20-68 Recommendation for Award
Bid 20-68 Bid Packet
Contract with Food Loops
M
9/29/2020
Fayetteville, AR Code of Ordinances
111.07 - Outdoor Refreshment Area
(A) Definitions.
(1) Customershall include a patron, guest, or member.
(2) Ownershall include the owner, manager, or operator of an establishment permitted to sell alcoholic
beverages.
(3) Permittee shall mean the person or entity who has received an event permit from the City of Fayetteville
allowing the outdoor consumption of alcoholic beverages within an established entertainment district.
(4) Limited open consumption district pilot program shall mean a series of specific dates and times which occur
on a limited basis in which a person or customer may purchase alcohol from participating businesses and
consume said alcohol within a defined area with open streets within the Outdoor Refreshment Area. The dates
and times, as well as any rules applicable to such a pilot program, shall be established by the Mayor.
(B) Creation and establishment of districts. Pursuant to the authority granted by Ark. Code Ann. §14-54-1412, an
entertainment district is hereby created with the areas and boundaries as set forth and designated on the map
which is attached hereto as Exhibit 1 and incorporated herein. The district shall be known as the Outdoor
Refreshment Area on the map attached as Exhibit 1.
(C) Outdoor consumption of alcohol in public places. The consumption of alcoholic beverages or possession of open
containers of alcoholic beverages in public outdoor areas within the Outdoor Refreshment Area is prohibited with
the exception of:
(1) Events with standing approval. The outdoor consumption of alcohol may be allowed on public streets,
sidewalks, rights -of -way, parking lots, or outdoor public areas within the areas designated for events with
standing approval pursuant to the Fayetteville City Code. The prior written authorization of the Mayor shall be
required, and additional conditions may be placed on the permittee, the event, and any owner who wishes to
allow the owner's customers to participate in the event as part of the authorization. The areas designated for
the outdoor consumption of alcohol at standing events shall be closed to vehicular traffic unless those areas
fall within a limited consumption district pilot program in which case the rules for the open consumption
district shall apply.
(2) Special event permits with specific approval. A special event permit issued by the Mayor pursuant to §72.58(M)
may authorize the outdoor consumption of alcohol on public streets, sidewalks, rights -of -way, parking lots, or
outdoor public areas in certain areas and only during the times specified in the permit. Additional conditions
may be placed on the permittee, the event, and any owner who wishes to allow the owner's customers to
participate in the event as part of the authorization. Such areas may be closed to vehicular traffic.
(a) Organizers of events who wish to apply for the special event permit to allow open consumption of
alcohol within the entire event area, rather than confining alcohol consumption to a limited area, shall
complete the appropriate Notice of Proposed Closure for an Outdoor Refreshment Area Event Form as
well as the standard Notice of Proposed Closure form.
(b) A business located adjacent to or within the event area may sell alcohol for open consumption in the
event area only with the approval of the event organizer. If an event occurs during a time and within the
area of a limited consumption district pilot program, business sales of alcohol for open consumption
shall be permitted.
(3) Limited open consumption district pilot programs. The Mayor may identify specific dates and times to
authorize the implementation of a limited open consumption district pilot program within the Outdoor
Refreshment Area. Such pilot program areas will not require street closures. Rules established by the Mayor
applying to pilot program areas shall be distributed to business owners and signs shall posted in conspicuous
locations within the pilot program area:
1/3
9/29/2020
Fayetteville, AR Code of Ordinances
(a) At least twenty-one (21) days prior to the beginning of an open consumption pilot program, city staff will no
and identify participating businesses.
(b) The Mayor, by and through staff, shall notify the City Council Members by email or otherwise of the
decision to implement a limited open consumption district pilot program. If at least two (2) City Council
Members notify the City Clerk's Office in writing within seven (7) days of the Mayor's notification of his or
her decision that they wish to appeal such decision, then the issue will be presented on the next City
Council meeting in which the Mayor's decision could reasonably be considered. The City Council would
then be able to decide by resolution whether to reverse the mayor's decision or upon what conditions (if
any) the permit would be granted.
(I_� rL_ �.._..:_:_�_ _C ....1-___4: _._ ��� r�-/i/-NI,N .1--11 .......;.._ -- 1-.....-_.. 7r1 nr)' I
c) I he � rovislons u1 subsection 1 1 1 .u/ \C)P JI 1011 CApII c VI1 JUI IUa1 y JV, GV_ 1 .
(D) Conditions for consumption of alcoholic beverages in public outdoor areas. Any owner within a designated area
may allow a customer to exit the owner's premises during the hours designated in the special event permit or in an
area defined in a limited consumption district pilot program with no more than one (1) open container of alcoholic
beverages and consume said alcoholic beverages anywhere within the confines of the designated area in which the
alcoholic beverage was obtained, subject to the following regulations:
(1) An owner within the designated event area or in an area defined in a limited consumption district pilot
program may allow alcoholic beverages to be removed from the licensed premises during special events with
specific approval who have requested businesses be able to sell to attendees and/or during the times of the
limited consumption district pilot program and only in a compostable or reusable cup, or other alternative
container as certified by the Environmental Director as compatible with the city's recyclables collection
program, that bears the proper city approved logo, and no such alcoholic beverages shall be removed from
the permitted premises in a can, bottle, or glass container.
(2) No owner shall allow a customer to exit its premises with an open container of alcoholic beverage until the
owner has placed a designated visible identifier on the customer, and it shall be unlawful for any person to
exit such licensed premises with an open container without the required visible identifier.
(3) It shall be unlawful for a customer to enter any business regulated by the Arkansas Alcoholic Beverage Control
Division with any alcoholic beverage that was not acquired at that location. A customer may not enter any
other establishment with an open or closed container of alcoholic beverage without the consent of the owner
or manager of the establishment.
(4) It shall be unlawful for any person to drink or attempt to drink any alcoholic beverage from a can, bottle, or
glass container, or to possess any open can, bottle, or glass container of alcoholic beverages on the public
streets, sidewalks, rights -of -way, and parking lots located within the Outdoor Refreshment Area.
(5) No container in which an alcoholic beverage is dispensed and removed from the licensed premises shall
exceed sixteen (16) fluid ounces in size.
(6) No person shall possess on the public streets, sidewalks, rights -of -way, parking lots, or outdoor public areas
located within the designated area any open alcoholic beverage container which exceeds sixteen (16) fluid
ounces in size.
(7) No person shall possess on the sidewalks, public streets, rights -of -way, parking lots, or outdoor public areas
any open alcoholic beverage container outside of the approved area of an event or the district.
(8) It shall be unlawful for a customer to distribute alcohol for open consumption obtained from a business
participating in the Outdoor Refreshment Area to any other individual.
(9) It shall be unlawful to create, possess, or distribute fraudulent or unauthorized visible identifiers or cups
within the Outdoor Refreshment Area.
(10) No person shall publicly consume within the Outdoor Refreshment Area any alcoholic beverage purchased
outside of the Outdoor Refreshment Area.
2/3
9/29/2020 Fayetteville, AR Code of Ordinances
(E) Sidewalk Cafes in the Outdoor Refreshment Area. If an owner within the Outdoor Refreshment Area has also
received a sidewalk cafe permit pursuant to §178.02 of the Unified Development Code:
(1) The owner may serve alcoholic beverages in open containers during the hours of operation and in the areas
authorized by the sidewalk cafe permit;
(2) Glass containers shall be allowed in the approved outdoor dining areas but shall not be removed from those
areas; and
(3) No fencing or other enclosure of a permitted sidewalk cafe located within a designated outdoor refreshment
area shall be required.
(F) State laws applicable to the Outdoor Refreshment Area. All other Arkansas laws including, but not limited to, Ark.
Code Ann. §3-3-201 et seq. (prohibited practices regarding alcoholic beverages), Ark. Code Ann. §5-71-207
(disorderly conduct), Ark. Code Ann. §5-71-212 (public intoxication). Ark. Code Ann. §5-71-218 (consumption of
alcohol in a motor vehicle) remain in effect and will be enforced within the Outdoor Refreshment Area.
(G) Littering Prohibited. No person shall violate the littering prohibition set forth in §98.07 of the Fayetteville City Code.
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3/3
CITY OF
V_ FAYETTEVILLE
4W ARKANSAS
City of Fayetteville, AR
Contract for: Compostable Cups via Bid 20-68
Vendor: Food Loops, LLC
Term: One year with four one-year automatic renewals
This contract executed this day of , 2020, between the City of Fayetteville, Arkansas
(City) and Food Loops, LLC (Vendor, Food Loops) In consideration of the mutual covenants contained herein, the parties
agree as follows:
1. Food Loops at its own cost and expense shall furnish all labor, materials, supplies, machinery, equipment, tools,
supervision, bonds, insurance, tax permits, and all other accessories and services necessary to complete items bid
per Bid 20-68, Printed Compostable Cups as stated in Food Loops bid response, and in accordance with
specifications attached hereto and made a part hereof under Bid 20-68, all included herein as if spelled out word
for word.
Products shall be sold based on pricing presented in Appendix B, inclusive of any shipping and handling
fees. All parties understand that Arkansas Sales taxes are not included in the bid pricing submitted by Food
Loops. Invoicing shall include taxes as applicable to Arkansas state laws. The City of Fayetteville is not a
tax-exempt entity.
b. The City of Fayetteville shall pay Food Loops for orders placed by an authorized representative for the City
of Fayetteville.
c. Food Loops hereby agrees to sell items as presented priced Food Loops bid submittal to third parties and
businesses participating in the City's Outdoor Refreshment Area. The City shall not be responsible for
orders placed by City businesses or third parties.
A. Food Loops shall coordinate orders directly with third parties including billing, payment,
delivery timeframes, etc.
d. Food Loops agrees to provide the City with reporting data on quantities sold to third parties under this
contract.
Payments will be made after approval and acceptance of work and submission of invoice Payments will be
made approximately 30 days after approval of invoice. The City of Fayetteville reserves the right to request
receipts for materials purchased for the City of Fayetteville from suppliers, subcontractors, or other
sources. The City of Fayetteville does not agree to any interest or penalty for "untimely" payments. The
City understands and agrees Food Loops terms with third parties is subject to their own evaluation,
The Contract documents which comprise the contract between the City of Fayetteville and Food Loops consist of
this Contract and the following documents attached hereto, and made a part hereof:
Appendix A: Bid package identified as Bid 20-68, Printed Compostable Cups with the specifications and
conditions typed thereon inclusive of all bidding documents, plans and drawings and issued addenda.
b. Appendix B: Food Loops bid proposal.
c. Appendix C: Recommendation to Award inclusive of the Bid Tabulation
City of Fayetteville, AR
Bid 20-68, Printed Compostable Cups -- CONTRACT
Page 1 of 3
3. These Contract documents constitute the entire agreement between the City of Fayetteville and Food Loops and
may be modified only by a duly executed written instrument signed by the City of Fayetteville and Food Loops.
4. Food Loops shall not assign its duties under the terms of this agreement.
5. Food Loops agrees to hold the City of Fayetteville harmless and indemnify the City of Fayetteville, against any and
all claims for property damage, personal injury or death, arising from Food Loops performance of this contract. This
clause shall not in any form or manner be construed to waive that tort immunity set forth under Arkansas Law.
6. Food Loops shall furnish a certificate of insurance addressed to the City of Fayetteville, showing that applicable
insurance coverage exists for the following insurance which shall be maintained throughout the term of the
Contract. Any work sublet, the contractor shall require the subcontractor similarly to provide worker's
compensation insurance. In case any employee engaged in work on the project under this contract is not protected
under Worker's Compensation Insurance, Food Loops shall provide and shall cause each Subcontractor to provide
adequate employer's liability insurance for the protection of such of his employees as are not otherwise protected.
The premiums for all insurance and the bond required herein shall be paid by Food Loops.
a. Automobile coverage as required by Arkansas laws
b. Worker's Compensation as required by statute
7. Food Loops shall furnish proof of licensure as required by all local and state agencies.
8. Freedom of Information Act: City of Fayetteville contracts and documents prepared while performing city
contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request
is presented to the City of Fayetteville, the contractor will do everything possible to provide the documents in a
prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. 25-19-101 et. Seq.).
Only legally authorized photo coping costs pursuant to the FOIA may be assessed for this compliance.
9. Changes in scope or price: Changes, modifications, or amendments in scope, price or fees to this contract shall not
be allowed without a prior formal contract amendment approved by the Mayor and the Fayetteville City Council in
advance of the change in scope, cost or fees.
10. Jurisdiction: Legal jurisdiction to resolve any disputes shall be Washington County, Arkansas with Arkansas law
applying to the case. The City will not agree to be forced to mediate or arbitrate any dispute.
11. Contractor's Representations:
a. Food Loops is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may
affect cost, progress, performance, and furnishing of the Work.
12. Contract Time:
a. This contract shall be valid for one year from the date of this contract and shall renew automatically for
four one-year periods for a possible total contract term of five (5) years unless cancelled by either party.
13. Liquidated Damages: N/A
14. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority
and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of
Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority
and women business enterprises.
City of Fayetteville, AR
Bid 20-68, Printed Compostable Cups -- CONTRACT
Page 2of3
WITNESS OUR HANDS THIS DAY OF 2020.
CITY OF FAYETTEVILLE, ARKANSAS
Bv:
Lioneld Jordan, Mayor
ATTEST
By:
Kara Paxton, City Clerk Treasurer
Date Signed:
City of Fayetteville, AR
Bid 20-68, Printed Compostable Cups -- CONTRACT
Page 3 of 3
FOOD LOOPS, LLC
-rv-,-3
By: k
Michael Kraus, Director of Operations
Date Signed: 10-1-2020
Contract for Bid 20-68
Appendix A
City Bid Package
City of Fayetteville, Arkansas
CITY OF Purchasing Division — Room 306
isFAYETTEVILLE 113 W. Mountain
Fayetteville, AR 72701
A R KA N $A$ Phone: 479.575.8220
TDD (Telecommunication Device for the Deaf): 479.521.1316
INVITATION TO BID: Bid 20-68, Printed Compostable Cups
DEADLINE: Tuesday, August 18, 2020 before 2:00 PM, Local Time
DELIVERY LOCATION: Room 306 — 113 W. Mountain, Fayetteville, AR 72701
PURCHASING AGENT: Adonis Bwashi, abwashi@fayetteville-ar.gov
DATE OF ISSUE AND ADVERTISEMENT: Sunday, July 26, 2020
I NVITATI BID e)
Bid 20-68 Print �o ableA00;
i
No late bids will be accepted. Bids shall bei itted n Q'id env abeled with the name and address of
the bidder.
All bids shall be submitted in accordance wi �ttach(N.t>of p
Fayetteville specifications and bid documents
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attached hereto. Each bidder is required to fi eve and shall supply all information requested; failure
to do so may be used as basis of rejection.
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The undersigned hereby offers to furnish & deliver, ��les or services as specified, at the prices & terms stated herein, and in
strict accordance with the specifications and ge I t ns of bidding, all of which are made a part of this offer. This offer is not
subject to withdrawal unless upon mutual writte(agr)ement by the Proposer/Bidder and City Purchasing Manager.
Name of Firm:
Contact Person: Title:
E-Mail: Phone:
Business Address:
City: State: Zip:
Signature: Date:
City of Fayetteville, AR
Bid 20-68, Printed Compostable Cups
Page 1 of 17
City of Fayetteville
Bid 20-68, Printed Compostable Cups
Advertisement
City of Fayetteville, Arkansas
INVITATION TO BID
Bid 20-68, Printed Compostable Cups
The City is seeking bids from qualified vendors for the purchase of 12 & 16-ounce BPI certified compostable
cold cups with full wrap printing multiple colors on an as -needed basis for a one (1) year term with the option
to renew for four (4) additional one (1) year terms.
Bidders shall be qualified to do business and licensed in accordance with all applicable laws of the state and
local governments where the Project is located.
All sealed bids are due by Tuesday, August 18, 2020 before 2:00 PM, Local Time. All bids are due before the time
stated. Late bids shall not be accepted. City of Fayetteville reserves the right to deviate from the estimated
purchase quantities. Bids will be opened and read aloud im ediately following the stated deadline.
Bid forms can be downloaded from the City's websitea t tt fa etteville-ar. ov All questions should be
directed to Adonis Bwashi, (479)-575-8258, abwashi t evil r. ov.
Pursuant to Arkansas Code Annotated §22-9-2 h City Of tevill rages all qualified small, minority
and women business enterprises to bid on eceive o tracts foro s, services, and construction. Also,
City of Fayetteville encourages all gene tract rs t ub portions of their contract to qualified
small minority and women business t is S.
The City of Fayetteville reserves the right t irrelauv s, to reject bids, and to postpone the award of
the Contract for a period of time which shall of ex beyond ninety calendar days from the bid opening
date. CO
City of Fayetteville Ci
�
By: Adonis Bwashi, Purchasing Agent
P: 479.575.8258
abwashi@fayetteville-ar.gov
TDD (Telecommunications Device for the Deaf): (479) 521-1316
Date of advertisement: 07/26/2020
City of Fayetteville, AR
Bid 20-68, Printed Compostable Cups
Page 2 of 17
City of Fayetteville
Bid 20-68, Printed Compostable Cups
Bid Form
DATE REQUIRED AS A COMPLETE UNIT: 15 CALENDAR DAYS FROM DATE OF ORDER
F.O.B. 113 W Mountain Fayetteville, AR 72701; OR directly to City Authorized Business.
111MITE ME Hour
W I
qP 12-ounce BPI Certified
Renewable & Compostable
cold cups (1000 cups/case,
bulk)
1
2
2
50
1
P
cups/case, Business Direct) aQ•�V
16-ounce BPI Certified $ `' $
Renewable & Compostable
O
cold cups (Qty. 1000
cups/case, Bulk) Q
P � .
V Q31—�o
Renewable & Compostable
cold cups (Qty. 1000
cups/case, Business C Direct.)
12-ounce BPI Certified
Renewable & Compostable
cold cups (Qty. 1000
16-ounce BPI Certified
TOTAL BASE BID:
City of Fayetteville, AR
Bid 20-68, Printed Compostable Cups
Page 3 of 17
R
Please specify for Unit Bid:
Item 1— Manufacturer
Model
ALL BIDDERS SHALL COMPLETE THE "TECHNICAL SPECIFICATION" SECTION WITH BID.
FAILURE TO SUBMIT A RESPONSE ON THE PROVIDED "TECHNICAL SPECIFICATION" FORM
IN A COMPLETED FORMAT CAN RESULT IN BID REJECTION.
Bids shall be submitted on this bid form in its entirety AND accomnaniedbydescriotive literature on the products
being bid. The City reserves the right to award this bid based on the City's best interest at the time of product
order.
THIS BID FORM CONTINUEON THE NEXT PAGE.
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City of Fayetteville, AR
Bid 20-68, Printed Compostable Cups
Page 4 of 17
EXECUTION OF BID -
Actual specification of any deficient item shall be noted on the bid sheet or separate attachment. If specifications of item bid
differ from provided literature, deviation shall be documented and certified by the manufacturer as a regular production
option.
Upon signing this Bid, the bidder certifies that:
1. He/she has read and agrees to the requirements set forth in this proposal, including specifications, terms,
standard conditions, and any pertinent information regarding the articles being bid on.
2. Unless otherwise noted and explained, the unit bid and listed meets or exceeds all of these requirements as
specified by The City of Fayetteville.
3. The Bidder can and will comply with all specifications and requirements for delivery, documentation and support
as specified herein.
4. I, as an officer of this organization, or per the attached letter of authorization, am duly authorized to certify the
information provided herein is accurate and true.
5. Bidder shall comply with all State and Federal Equal tunity and Non -Discrimination requirements and
conditions of employment in addition to all federal, st te, d local laws.
6. Bidder shall disclose any possible conflict of inte In th f Fayett cluding, but not limited to, any
relationship with any City of Fayetteville em es o dis to own relationship exists between
any principal or employee of your firm an ity o 1�t ille e or elected City of Fayetteville official.
If no relationship exists, this should al ate i o r respo lure to disclose such a relationship may
result in cancellation of a purchase ontrac a resul esponse.
1.) NO KN E P EXIS
2. RELATIONSHIP EXISTS :
a les ) lain
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7. Bidder will perform the Work in compli ith all applicable trench safety standards set forth in Occupational
Safety and Health Administration (O • 26 — Subpart P — Excavations.
8. As A bidder on this project, you are re fired to provide debarment/suspension certification indicating that you
are in compliance with the below Federal Executive Order. Certification can be done by completing and signing
this form.
a. Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving
individual awards, using federal funds, and all sub -recipients certify that the organization and its
principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded by any Federal department or agency from doing business with the Federal Government.
b. Your signature below certifies that neither you nor your principal is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction
by any federal department or agency.
City of Fayetteville, AR
Bid 20-68, Printed Compostable Cups
Page 5 of 17
Unsigned bids will be rejected. Items marked * are mandatory for consideration.
*NAME OF FIRM:
Purchase Order/Payments shall ,be issued to this name
*D/B/A or Corporation Name
*BUSINESS ADDRESS:
*CITY: *STATE: *ZIP:
*PHONE: FAX:
*E-MAIL:
*BY: (PRINTED NAME)
*AUTHORIZED SIGNATURE:
*TITLE:
DUNS NUMBER: rENUMBER: 01,
*TAX ID NUMBER: V` Co F0
Acknowledge Addendums: O G
Addendum No. Dated: Ackn led ed by:
• �►
Addendum No. Dated: ` le
Addendum No. Dated: Ack, qc6 jdged by:
Addendum No. Dated: . wledged by:
ci
ALL BIDDERS SHALL COMPLETE THE "TECHNICAL SPECIFICATION" SECTION WITH BID.
FAILURE TO SUBMIT A RESPONSE ON THE PROVIDED "TECHNICAL SPECIFICATION" FORM
IN A COMPLETED FORMAT CAN RESULT IN BID REJECTION.
City of Fayetteville, AR
Bid 20-68, Printed Compostable Cups
Page 6 of 17
City of Fayetteville
Bid 20-68, Printed Compostable Cups
General Terms and Conditions
1. SUBMISSION OF BID & BID EVALUATION:
a. Bids shall be reviewed following the stated deadline, as shown on the cover sheet of this
document.
b. Bidders shall submit bids based on documentation published by the Fayetteville Purchasing
Division.
c. Bids shall be enclosed in sealed envelopes or packages addressed to the City of Fayetteville,
Purchasing Division, Room 306, 113 W. Mountain, Fayetteville, AR 72701. The name, address of
the firm and Bid, RFP, or RFQ number shall be on the outside of the packaging as well as on any
packages enclosed in shipping containers or boxes.
d. The City will not be responsible for misdirected bids. Vendor should call the Purchasing Office at
479.575.8220 to ensure correct receipt of bidding documents prior to opening time and date
listed on the bid form.
e. Bidders shall have experience in providing 10114�ucts and/or services of the same or similar
nature.
f. Bidder is advised that exceptions to a �e to contained id must be identified in
its response to the bid. Failure to d�ray le ity to ny such term non-
negotiable. Proposer's desire to �1��xce tiory non- le term will not disqualify it
from consideration fo0awar 0g. Local time is defined in&ayeti;ille, nSa� on the due date of the deadline. Bids
shall be received befo%awn b the Nomic clock located in the Purchasing Division
Office. . 6
h. Bids will be evaluated and award ba �he best interest of the Cityof Fayetteville. The City
Y Y
reserves the right to award bids in t Le irety, none, or by line item.
2. WRITTEN REQUESTS FOR INTERPRETATIONS_Ckt RIFICATION:
No oral interpretations will be made &6\NN—Is as to the meaning of specifications or any other contract
documents. All questions pertainingterms and conditions or scope of work of this bid must be sent in
writing via e-mail to the Purchasing Agent. Responses to questions may be handled as an addendum if the
response would provide clarification to the requirements of the bid. All such addenda shall become part of
the contract documents. The City will not be responsible for any other explanation or interpretation of the
proposed bid made or given prior to the award of the contract.
3. DESCRIPTION OF SUPPLIES AND SERVICES:
Any reference to a particular brand or manufacturer is done in an effort to establish an acceptable level of
quality for this project. Brands or manufacturers that are included in bid that are of at least equal quality,
size, design, and specification as to what has been specified, will be acceptable for consideration only if
approved by the City of Fayetteville Purchasing Division. The City of Fayetteville reserves the right to accept
or reject any requested equal.
City of Fayetteville, AR
Bid 20-68, Printed Compostable Cups
Page 7 of 17
4. RIGHTS OF CITY OF FAYETTEVILLE BID PROCESS:
In addition to all other rights of the City of Fayetteville, under state law, the City specifically reserves the
following:
a. The City of Fayetteville reserves the right to select the bid that it believes will serve the best
interest of the City.
b. The City of Fayetteville reserves the right to accept or reject any or all bids.
c. The City of Fayetteville reserves the right to cancel the entire bid.
d. The City of Fayetteville reserves the right to remedy or waive technical or immaterial errors in
the invitation to bid or in bids submitted.
e. The City of Fayetteville reserves the right to request any necessary clarifications, additional
information, or data without changing the terms of the bid.
5. COSTS INCURRED BY BIDDERS:
All expenses involved with the preparation and submission of bids to the City, or any work performed in
connection therewith, shall be borne solely by the bidder(s). No payment will be made for any responses
received, or for any other effort required of, or made by, the bidder(s) prior to contract commencement.
6. CONFLICT OF INTEREST:
7
The bidder represents that it presently has nest and shall acquire no interest, either direct
or indirect, which would conflict in any ma ne with the performen or services required
hereunder, as provided in City of Fay 1TCoAec tion 34.26 .,"Authority of City
Employee to Contract with the City .
b. All bidders shall promptly notify n Bwashi ' Purc gent, in writing, of all potential
conflicts of interest for any p tive it ss assoc a o interest, or other circumstance
which may influence or a o influ n e b' dgment or quality of services being
provided. Such writte ation II i entify prospective business association, interest or
circumstance, the nat e of w idder( y ndertake and request an opinion to the City
as to whether the association, est o i stance would, in the opinion of the City,
constitute a conflict of interest i enter nby the bidder. The City agrees to communicate
with the bidder its opinion via e-n;�i�i�fir t-class mail within thirty days of receipt of
notification.
WITHDRAWL OF PROPOSAL: �,�
A bid may be withdrawn prior to the�set for the bid submittal, based on a written request from an
authorized representative of the firm; however, a bid shall not be withdrawn after the time set for the bid
unless approved by the Purchasing Division.
a
8. LATE PROPOSAL OR MODIFICATIONS:
Bid modifications received after the time set for the bid submittal shall not be considered. Modifications in
writing received prior to the deadline will be accepted. The City will not be responsible for misdirected bids.
Bidders should call the Purchasing Division at (479) 575-8220 to insure receipt of their submittal documents
prior to opening time and date listed.
9. LOCAL, STATE, AND FEDERAL COMPLIANCE REQUIREMENTS:
a. The laws of the State of Arkansas apply to any purchase made under this bid. Bidders shall
comply with all local, state, and federal directives, orders and laws as applicable to this proposal
City of Fayetteville, AR
Bid 20-68, Printed Compostable Cups
Page 8 of 17
and subsequent contract(s) including but not limited to Equal Employment Opportunity (EEO),
Disadvantaged Business Enterprises (DBE), & OSHA as applicable to this contract.
b. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified
small, minority and women business enterprises to bid on and receive contracts for goods,
services, and construction. Also, City of Fayetteville encourages all general contractors to
subcontract portions of their contract to qualified small, minority and women business
enterprises.
10. PROVISION FOR OTHER AGENCIES:
Unless otherwise stipulated by the bidder, the bidder agrees to make available to all Government agencies,
departments, municipalities, and counties, the proposal prices submitted in accordance with said proposal
terms and conditions therein, should any said governmental entity desire to buy under this proposal.
Eligible Users shall mean all state of Arkansas agencies, the legislative and judicial branches, political
subdivisions (counties, local district school boards, community colleges, municipalities, counties, or other
public agencies or authorities), which may desire to purchase under the terms and conditions of the
contract.
11. COLLUSION:
The Proposer, by affixing his or her signature to this proagrees to the following: "bidder certifies that
his or her bid is made without previous understandinp, ag ement, or connectOpects
with any person, firm or
corporation making a proposal for the same ite S or s vices and is i fair, without
outside control, collusion, fraud, or otherwise ill g Zsctio
12. RIGHT TO AUDIT, FOIA, AND JURISDICITON: V
a. The City of Fayetteville rese I'Ke pr' f audi endor's records as such records
relate to purchases betw e Ci ann id v r.V
b. Freedom of Informati t. Ci cts a do ments prepared while performing City
contractual work are su ject �rka " dom of Information Act. If a Freedom of
Information Act request is pres ed t i y of Fayetteville, the (Contractor) will do
everything possible to provide the clQwjm is in a prompt and timely manner as prescribed in
the Arkansas Freedom of Informa of (A.C.A. §25-19-101 et. seq.). Only legally authorized
photocopying costs pursuant& FOIA may be assessed for this compliance.
c. Legal jurisdiction to resol e ayisputes shall be in Washington County, Arkansas with Arkansas
law applying to the case.
13. CITY INDEMNIFICATION:
The successful bidder(s) agrees to indemnify the City and hold it harmless from and against all claims,
liability, loss, damage or expense, including but not limited to counsel fees, arising from or by reason of any
actual or claimed trademark, patent or copyright infringement or litigation based thereon, with respect to
the goods or any part thereof covered by this order, and such obligation shall survive acceptance of the
goods and payment thereof by the City.
14. VARIANCE FROM STANDARD TERMS & CONDITIONS:
All standard terms and conditions stated in this request for bid apply to this contract except as specifically
stated in the subsequent sections of this document, which take precedence, and should be fully understood
by bidders prior to submitting a proposal on this requirement.
City of Fayetteville, AR
Bid 20-68, Printed Compostable Cups
Page 9 of 17
15. ADA REQUIREMENT FOR PUBLIC NOTICES & TRANSLATION:
Persons with disabilities requiring reasonable accommodation to participate in this proceeding/event,
should call 479.521.1316 (telecommunications device for the deaf), not later than seven days prior to the
deadline. Persons needing translation of this document shall contact the City of Fayetteville, Purchasing
Division, immediately.
16. PROCUREMENT POLICY FOR RECYCLED MATERIALS:
The City of Fayetteville wishes to encourage its bidders to use recycled products in fulfilling contractual
obligations to the City and that such practices will serve as a model for other public entities and private
sector companies.
17. PAYMENTS AND INVOICING:
The bidder must specify in their bid the exact company name and address which must be the same as
invoices submitted for payment as a result of award of this bid. Further, the successful bidder is responsible
for immediately notifying the Purchasing Division of any company name change, which would cause
invoicing to change from the name used at the time of the original bid. Payment will be made within thirty
days of invoice received. The City of Fayetteville is very credit worthy and will not pay any interest, fees, or
penalty for untimely payments. Payments can be processed through bidder's acceptance of Visa at no
additional costs to the City for expedited payment proces�The City will not agree to any nonrefundable
deposit or retainer that would remain property of the bid er even if the hourly, rk actually performed by
the bidder would not justify such fee. '`+ �j
The City will pay the awarded bidder based on rices d on in . Progress payments will be
made after approval and acceptance of wo submissf invoi ments will be made within 30
days of accepted invoice.] G
O
18. CANCELLATION: /Q
a. The City reserves the c c o n Xt hout cause by giving thirty (30) days prior
notice to the Contracto in th 'ice n to cancel or with cause if at any time the
Contractor fails to fulfill or abid y an e terms or conditions specified.
b. Failure of the contractor to compODS of the provisions of the contract shall be considered
a material breach of contract and *%halrbe cause for immediate termination of the contract at the
discretion of the City of Fitr;R
tI
c. In addition to all other ledies available to the City of Fayetteville, the City reserves the
right to cancel and obtain from another source, any items and/or services which have not been
delivered within the period of time from the date of order as determined by the City of
Fayetteville.
d. In the event sufficient budgeted funds are not available for a new fiscal period, the City shall
notify the vendor of such occurrence and contract shall terminate of the last day of the current
fiscal period without penalty or expense to the City.
19. ASSIGNMENT, SUBCONTRACTING, CORPORATE ACQUISITIONS AND/OR MERGERS:
a. The Contractor shall perform this contract. No assignment of subcontracting shall be allowed
without prior written consent of the City. If a bidder intends to subcontract a portion of this
work, the bidder shall disclose such intent in the bid submitted as a result of this bid.
City of Fayetteville, AR
Bid 20-68, Printed Compostable Cups
Page 10 of 17
b. In the event of a corporate acquisition and/or merger, the Contractor shall provide written
notice to the City within thirty (30) calendar days of Contractor's notice of such action or upon
the occurrence of said action, whichever occurs first. The right to terminate this contract, which
shall not be unreasonably exercised by the City, shall include, but not be limited to, instances in
which a corporate acquisition and/or merger represent a conflict of interest or are contrary to
any local, state, or federal laws. Action by the City awarding a proposal to a firm that has
disclosed its intent to assign or subcontract in its response to the bid, without exception shall
constitute approval for purpose of this Agreement.
20. NON-EXCLUSIVE CONTRACT:
Award of this bid shall impose no obligation on the City to utilize the vendor for all work of this type, which
may develop during the contract period. This is not an exclusive contract. The City specifically reserves the
right to concurrently contract with other companies for similar work if it deems such an action to be in the
City's best interest. In the case of multiple -term contracts, this provision shall apply separately to each item.
21. LOBBYING:
Lobbying of selection committee members, City of Fayetteville employees, or elected officials regarding
request for proposals, request for qualifications, bids or contracts, during the pendency of bid protest, by
the bidder/proposer/protestor or any member of the bi is/propose r's/protector's staff, and agent of the
bidder/proposer/protestor, or any person employed by a legal entity affiliated with or representing an
organization that is responding to the request for pr a , request for qualifiPe
n, bid or contract, or has
a pending bid protest is strictly prohibited either k adver ent or onestablished by the City of
Fayetteville and shall be prohibited until eithe and30"it
r the t finally resolved by the City
of Fayetteville; provided, however, nothin in sh a pr ive/bidder/proposer from
contacting the Purchasing Division to a itu . s ch asation and/or questions related to the
procurement process. For purposes pro visi n I byirlies shall include but not be limited to,
influencing or attempting to infl tion n-acti ni onnection with any request for proposal,
request for qualification, bid or co tract irt direct oral or written communication or an
attempt to obtain goodwill of persons an o ntit' ied in this provision. Such actions may cause any
request for proposal, request for qualification, bid c tract to be rejected.
22. ADDITIONAL REQUIREMENTS: �%, Co
The City reserves the right to request a 'o services relating to this bid from the bidder. When
approved by the City as an amend m t�e contract and authorized in writing prior to work, the
Contractor shall provide such additioquirements as may become necessary.
23. ADD OR DELETE LOCATIONS OR SERVICES:
The City reserves the right to unilaterally add or delete locations and/or services, either collectively or
individually, at the City's sole option, at any time after award has been made as may be deemed necessary
or in the best interests of the City. In such case, the Contractor(s) will be required to provide services to this
contract in accordance with the terms, conditions, and specifications.
24. INTEGRITY OF BID DOCUMENTS:
Bidders shall use the original bid form(s) provided by the Purchasing Division and enter information only in
the spaces where a response is requested. Bidders may use an attachment as an addendum to the bid
form(s) if sufficient space is not available on the original form for the bidder to enter a complete response.
Any modifications or alterations to the original documents by the bidder, whether intentional or otherwise,
City of Fayetteville, AR
Bid 20-68, Printed Compostable Cups
Page 11 of 17
will constitute grounds for rejection of such response. Any such modifications or alterations a bidder wishes
to propose shall be clearly stated in the bidder's response and presented in the form of an addendum to the
original bid documents.
25. OTHER GENERAL CONDITIONS:
a. Bidder is presumed to be familiar with all federal, state, and city laws, ordinances, and regulations which
in any manner affect those engaged or employed in the Work, or the materials or equipment used, or
that in any way affect the Work and shall in all respects comply with said laws, ordinances, and
regulations. No claim of misunderstanding or ignorance on the part of Bidder or Proposer will in any way
serve to modify the provisions of the contract. No representations shall be binding unless embodied in
the contract.
b. Prices shall include all labor, materials, overhead, profit, insurance, shipping, freight, etc., to cover the
products and services presented. Sales taxshaiinotbeinciudedin thebidprice. Applicable Arkansas sales
tax laws will apply when necessary but will not be considered in award of this project.
c. Each bidder should state the anticipated number of days from the date of receipt of an order for
delivery of services to the City of Fayetteville.
d. Bidders must provide the City with their bids signed by an employee having legal authority to submit
bids on behalf of the bidder. The entire cost of prepnd providing responses shall be borne by the
bidder.
e. The City reserves the right to request any ad 1ZVI infomtiion it dee essary from any or all
bidders after the submission deadline.
f. The request for bid is not to be constr an ntrac commitment of an kind nor does
q Y
it commit the city to pay for any co s rre er in tion. It shall be clearly understood
that any costs incurred by the Pr in r spo ng t uest for proposal is at the bidder's own
risk and expense as a cost of usiw e Cit f etteville shall not be liable for
reimbursement to the Propos for se so i cc ed, regardless of whether or not the proposal
is accepted.
g. If products, components, or services other t n t se described in this bid document are proposed, the
bidder must include complete descriptiveIit ure for each. All requests for additional information
must be received within five workingIlowing the request.
h. NOTE: Any uncertainties shall be ro t to the attention to Adonis Bwashi immediately via telephone
(479.575.8220) or e-mail (abwashi ayetteville-ar.gov). It is the intent and goal of the City of
Fayetteville Purchasing Division to provide documents providing a clear and accurate understanding of
the scope of work to be completed and/or goods to be provided. We encourage all interested parties to
ask questions to enable all bidders to be on equal bidding terms.
Any inquiries or requests for explanation in regard to the City's requirements should be made promptly
to Adonis Bwashi, City of Fayetteville, Purchasing Agent via e-mail (abwashi@fayetteville-ar.gov) or
telephone (479.575.8220). No oral interpretation or clarifications will be given as to the meaning of any
part of this request for proposal. All questions, clarifications, and requests, together with answers, if
any, will be provided to all firms via written addendum. Names of firms submitting any questions,
clarifications, or requests will not be disclosed until after a contract is in place.
j. Any information provided herein is intended to assist the bidder in the preparation of proposals
necessary to properly respond to this bid. The bid is designed to provide qualified Proposers with
City of Fayetteville, AR
Bid 20-68, Printed Compostable Cups
Page 12 of 17
sufficient basic information to submit proposals meeting minimum specifications and/or test
requirements, but is not intended to limit a bid's content or to exclude any relevant or essential data.
Bidders irrevocably consent that any legal action or proceeding against it under, arising out of or in any
manner relating to this Contract shall be prevailed by Arkansas law. Proposer hereby expressly and
irrevocably waives any claim or defense in any said action or proceeding based on any alleged lack of
jurisdiction or improper venue or any similar basis.
The successful bidder shall not assign the whole or any part of this Contract or any monies due or to
become due hereunder without written consent of City of Fayetteville. In case the successful bidder
assigns all or any part of any monies due or to become due under this Contract, the Instrument of
assignment shall contain a clause substantially to the effect that is agreed that the right of the assignee in
and to any monies due or to become due to the successful bidder shall be subject to prior liens of all
persons, firms, and corporations for services rendered or materials supplied for the performance of the
services called for in this contract.
m. The successful bidder's attention is directed to the fact that all applicable Federal and State laws,
municipal ordinances, and the rules and regulations of all authorities having jurisdiction over the services
shall apply to the contract throughout, and they will be deemed to be included in the contract as though
written out in full herein. The successful bidder shall keep himself/herself fully informed of all laws,
ordinances and regulations of the Federal, State, and ipal governments or authorities in any manner
affecting those engaged or employed in providing es services or in any w ffecting the conduct of the
services and of all orders and decrees of bodi • una aving anyju on or authority over same.
If any discrepancy or inconsistency should be is�er :use se Con uments or in the
specifications herein referred to, in relatio t ny such r, ordin gulation, order or decree, s/he
shall herewith report the same in writin City o elteville. (',
p � Yn� V
26. INVOICING: All invoices shall be ed to t e c�ty wi �'fi nimum information listed below.
a. CityDepartment that tNa ri111als ser es
p
b. Order Date •
c. Delivery date or the date of se , es `
d. Name of the City Employee that requ ste r picked up the goods, materials, or service
e. Bid Number that applies to the p and invoices. Amounts in the bid shall match invoicing.
27. ATTACHMENTS TO BID DOCUMENTS:�
a. The design of full wrap potin\ultiple colors attached.
City of Fayetteville, AR
Bid 20-68, Printed Compostable Cups
Page 13 of 17
City of Fayetteville
Bid 20-68, Printed Compostable Cups
Technical Specification
ALL BIDDERS SHALL COMPLETE THIS "TECHNICAL SPECIFICATION" SECTION WITH BID.
FAILURE TO SUBMIT A RESPONSE ON THIS "TECHNICAL SPECIFICATION" FORM IN A
COMPLETED FORMAT CAN RESULT IN BID REJECTION.
BIDDING REQUIREMENTS:
o NOTICE: THIS SECTION CAN BE COMPLETED ON THE FOLLOWING MANNER: When given a specification option
containing a blank (example a. ), bidder shall write a "check mark" or write "yes' indicating yes if the
accompanied specification is met. In the event a specification cannot be met, bidder shall indicate so by
writing in "no" and writing on the City's bid forms how the specification is not met or how the unit(s) bid differ
from what has been specified. Leaving item blank shall indicate bidder does not meet the listed specification
and can result in bidder DISQUALIFICA TION.
o Bidders shall NOT supply warranty papers for the City to interpret whether a warranty specification is met or
not
vp**
1. GENERAL—
.`
1.1 All units bid shall meet or exceed the mi re6u%�ents or t q
1 be deemed incom lete
() pand will not be considered for bid awaK�
1.2 All specifications written are to miniun s herwise o
p T
11.3 All unit pricing shall includean in andlino additional fees shall be added.
1.4 Bidder shall state brand n all ' steed thZ�bid form. Bidder shall not substitute a
different brand or grade wit out i �t oriz�Sin`rom the City.
1.5 All products delivered shall be seale and b demark of manufacturer. Vendor shall be a
licensed re -packager for bulk and repakk d products.
1.6 All boxes delivered shall have Wei&h4�1 Measures certified meters. Copies of current BPI
certificates shall be provided
1.7 The City staff shall be the sole of the sufficiency of quality material. Bidder warrants,
represents, and assures that the products and services to be provided shall conform in all respects to
the requirements of the specifications and as designed will meet the functional and performance
standards contained herein and shall meet or exceed the representations contained in this bid.
1.8 Contract shall be for a term of one year from date of award. Contract may be extended for four (4)
additional one-year term upon mutual agreement of the City and the vendor.
1.9 Prices shall remain form for one (1) year, beginning with the date approved by the Fayetteville City
Council. Prices charged to the City by the Bidder may be increased up or decreased after the first
contract term upon presentation of manufacturer documented price change from the BPI certified
renewable & compostable cold cups manufacturer and upon the term such increase is applicable to
all commercial users. Price increase or decrease shall not exceed actual cost change to the bidder.
Price adjustments shall be limited to two (2) price changes per year after the first contract term of
City of Fayetteville, AR
Bid 20-68, Printed Compostable Cups
Page 14 of 17
one (1) year.
1.10 Quantities listed are approximate anticipated annual requirements based on prior purchases. The
City intends to purchase the listed products from the successful bidder; however, no minimum
purchase quantity is guaranteed.
1.11 Bidder agrees to sell products required for specific applications not listed in this bid from the same
manufacturer at the same cost factor from published price list.
1.12 The City reserves the right to secure from another source if needed product cannot be delivered
within the specified time; meaning that the City intends to select primary, secondary, and tertiary
manufacturer/vendors on this bid award.
1.13 The City reserves the right to procure from other sources packaged BPI certified renewable &
compostable cold cups products as deemed necessary to meet the needs of the City and for testing
purposes, if required.
1.14 The City intends to allow direct purchases between City authorized businesses and the successful
bidder and reserves the right to purchase bulk quantities for distribution to authorized businesses.
2. MANUFATURER/MODEL-
3.
2.1 Units described below are Eco-Products GreenStrold Cups, transparent/green cold cups, which
have been tested, approved, certified and/or regist re according to the follo ing standards (certification
standards) under the BPI certification composta� ark:
• ASTM D6400 Stan d' Oecif �tiibor Lab lastics Designed to be
A i Ily COrr ed in al or Industrial Facilities
• ASTM D6868 Zar ci ication eling of End Items that Incorporate
9 lastan oly r a oatings or Additives with Paper and
POth bstra s igned to be Aerobically Composed in
� al or Irtrial Facilities
Any deviation from this model mustl%C�app 31nd a demonstration may be required before
acceptance of the bid.
2.2 Unit(s) bid shall be new, unused, :nc� sn rd production model as offered for commercial trade.
TECHNICAL SPECIFICATIONS:
ITEM 1— EP-CCI2-GS GreenStr (enewable & Compostable Cold Cups, 12 oz, (Case of 1000)
3.1 Capacity
a. 12 ounces
b. Color: Clear
C. Material: Plastic
3.2 Dimensions:
a. Item weight: 24.2 pounds
b. Size: 12-ounce cold cup
C. Model: EP-CCI2-GS
City of Fayetteville, AR
Bid 20-68, Printed Compostable Cups
Page 15 of 17
3.3 Specifications:
a. Compostable, 12-ounce cold drink cup made from renewable resources
b. A smart alternative to the traditional party cup
C. Meets ASTM D6400 standards for compostability
d. Comes in a case of 1,000 cups
ITEM 1— EP-CCI6-GS GreenStripe Renewable & Compostable Cold Cups, 16 oz, (Case of 1000)
3.4 Capacity
a. 16 ounces
b. Color: Clear
C. Material: Plastic
3.5 Dimensions:
a. Item weight: 29.8 pounds
b. Size: 16-ounce cold cup
C. Model: EP-CCI6-GS
3.6 Specifications:
a. Compostable, 16-ounce
b. A smart alternative to tli
C. Meets ASTM D6400
d. Comes in a case 9
4. WARRANTY
4.1
4.2
4.3
V
r r resources
:
6 14
Warranty shall include all cups, labor, and flf portation to and from the location of the warranty
service center.
Successful vendor shall be responsib e or warranty administration of entire completed unit
Each unit shall be delivered wit '�o owing warranty documents which shall be placed into effect
upon the first day of final acc to of each unit:
a. Manufacturer's war ty which shall be honored at any local manufacturer -authorized
dealership.
5. STANDARDS
5.1Each unit shall meet or exceed the following applicable standards:
a. Material Feature: Biodegradable, Compostable
b. External Testing Certification: ASTM D6400 Compliant, BPI Certified Compostable
C. Each unit meets or exceeds the specifications set in the ASTM D6400, as demonstrated
by tests performed by an Approved Testing Laboratory according to the methodologies
specified in these specifications and approved by BPI
City of Fayetteville, AR
Bid 20-68, Printed Compostable Cups
Page 16 of 17
d. Occupational Safety and Health Administration (OSHA) Standards
6. DELIVERY/DOCUMENTATION
6.1AII units shall be delivered FOB Destination to the City Hall, located at 113 W. Mountain Street,
Fayetteville, AR 72704, for compliance review and final acceptance.
6.2Delivery shall include the following documents as a minimum:
a. Manufacturer/Distributor invoice
b. Service Manual
6.3 Unit shall be fully assembled, serviced, and ready for operation as delivered.
7. MANUALS
7.1 The successful bidder agrees to furnish each of the following list of manuals:
a. BPI Certification License (number or copy)
b. Parts (OEM) Manual — one copy (Paper or electronic format acceptable)
C. Current copies of units and service manuals previously provided by vendor will satisfy
this requirement
7.2 Payment(s) may be held until all manuals a4p ifications are delivere,e) the City of Fayetteville.
a' c^
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4z; *x
11:;�
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City of Fayetteville, AR
Bid 20-68, Printed Compostable Cups
Page 17 of 17
Full wrap printing design multiple colors
ORA_
OUTDOOR
REFRESHMENT
AREA
FAYETTEVILLE,ARKANSAS
ORA RULES
Cups a [Lowed 10 a.m. -10 p.m.
P Do noon designated days.
t carry an 4FLA cup into any
aLcn e[ling husirtess or any other
es5without their consent.
q-�b tkststay within ORA boundary.
ol Lookforsigns.
O' ( � -Dispose of your cap Ina designated
� receptacle.
Drink responsibly &enjoyFayetteville!
} V" www.tayetteville-ar.gov/ORA
"---------------------------------- - `
GC16S Imprint Area = 2.625' X 9.13" `
I Tint ea begins approximately 1
*4 VFm the bottom of the cup.
��-A - --
Cj3
1741008.01 GC16S 5 INK COL ORS: GREY 445 TEAL 7717 GREEN 7722 1
Full wrap printing design multiple colors
ORA_
OUTDOOR
REFRESHMENT
AREA
FAYETTEVILLE,ARKANSAS
ORA RULES
Cups a [Lowed 10 a.m. -10 p.m.
P Do noon designated days.
t carry an 4FLA cup into any
aLcn e[ling husirtess or any other
es5without their consent.
q-�b tkststay within ORA boundary.
ol Lookforsigns.
O' ( � -Dispose of your cap Ina designated
� receptacle.
Drink responsibly &enjoyFayetteville!
} V" www.tayetteville-ar.gov/ORA
"---------------------------------- - `
GC16S Imprint Area = 2.625' X 9.13" `
I Tint ea begins approximately 1
*4 VFm the bottom of the cup.
��-A - --
Cj3
1741008.01 GC16S 5 INK COL ORS: GREY 445 TEAL 7717 GREEN 7722 1
Bid 20-68, Addendum 1
Date: Tuesday, August 04, 2020
To: All Prospective Vendors
From: Adonis Bwashi-479.575.8258—abwashi@favetteville-ar.gov
RE: Bid 20-68, Printed Compostable Cups
CITY OF
FAYETTEVILLE
ARKANSAS
This addendum is hereby made a part of the contract documents to the same extent as though it were originally included
therein. Bidders should indicate their receipt of same in the appropriate blank of the Bid Form. BIDDERS SHOULD
ACKNOWLEDGE THIS ADDENDUM ON THE DESIGNATED LOCATION ON THE BID FORM.
Due to several questions concerning Bid 20-68, Printed Compostable Cups, a non -mandatory pre -bid
meeting will be held Tuesday August 11, 2020 at 11:00 AM vVn
ally. Information regarding the pre -bid meeting is
available on the project page on the City's electronic bi platform at www.fayetteville-ar/�ov/bids. All
interested parties are encouraged to attend. • Z
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11:;�
Ci�
City of Fayetteville, AR
Bid 20-68, Addendum 1
Page 111
Telecommunications Device for the Deaf TDD {47R) 521-1316
113 West Mountain -Fayetteville, AS 72701
Bid 20-68, Addendum 2
Date: Friday, August 14, 2020
To: All Prospective Vendors
From: Adonis Bwashi — 479.575.8258 — abwashi@fayetteville-ar.gov
RE: Bid 20-68, Printed Compostable Cups
CITY OF
FAYETTEVILLE
ARKANSAS
This addendum is hereby made a part of the contract documents to the same extent as though it were originally included
therein. Bidders should indicate their receipt of same in the appropriate blank of the Bid Form. BIDDERS SHOULD
ACKNOWLEDGE THIS ADDENDUM ON THE DESIGNATED LOCATION ON THE BID FORM.
To All Bidders and interested parties:
This Addendum includes a revised bid table information on Bi 8 which shall be used by all bidders. Failure to
submit the correct revised bid table in a sealed format shall esLX in bid rejection. Bidrs shall submit an electronic
physical copy of the enclosed revised bid form, thisAdand all other requ� ocuments.
1. The following are additions and clarificati re in � e �ci ications:
Q, I
a. The Addendum 2, which inclu e nevi orm in ion, represents the accurate Bid Table.
b. All bidders and interest �ies I;hb
provi Rrice for cases of 16-ounce plain and 12-ounce
plain BPI certified comp tabl Vr botl% t e 'ty to purchase, same minimums, and businesses
to directly purchase.
♦CO
Ci�
City of Fayetteville, AR
Bid 20-68, Addendum 1
Page 112
Telecommunications Device for the Deaf TDD {47R) 521-1316
113 West Mountain -Fayetteville, AS 72701
City of Fayetteville
Bid 20-68, Printed Compostable Cups
Bid Form
F.O.B. 113 W Mountain Fayetteville, AR 72701; OR directly to City Authorized Business.
12-ounce BPI Certified Renewable
& Compostable cold cups (1000
cups/case, bulk)
1 12-ounce BPI Certified Renewable
& Compostable cold cups (Qty.
1000 cups/case, Business Direct)
2 16-ounce BPI Certified Renewable
& Compostable cold cups (Qty.
1000 cups/case, Bulk)
50
2 16-ounce BPI Certified Renewable 1 •� $
& Compostable cold cups (Qty.
1000 cups/case, Business Direct.)
V
I G
3
12-ounce Plain BPI Certified �0 $
Renewable & Compostable col • V►
cups (1000 cups/case, bulk)4z;
•
6
IV
3 12-ounce Plain BPI Certified 1 ` �w $ $
Renewable & Compostable cold
cups (Qty. 1000 cups/case,
Business Direct) Cj�
4 16-ounce Plain BPI Certified 50 $ $
Renewable & Compostable cold
cups (Qty. 1000 cups/case, Bulk)
4 16-ounce Plain BPI Certified 1 $ $
Renewable & Compostable cold
cups (Qty. 1000 cups/case,
Business Direct.)
TOTAL BASE BID:
City of Fayetteville, AR
Bid 15-23, Addendum 1
Page 212
�j
Telecommunications Device for the Deaf TDD (479) 521-1316
113 West Mountain - Fayetteville, AR 72701
Contract for Bid 20-68
Appendix B
Bid Submittal —
Food Loops, LLC
Item Number
ITEM DESCRIPTION
No Basket (8)
#0-1
12-ounce BPI Certified Renewable & Con
#0-2
12-ounce BPI Certified Renewable & Con
#0-3
16-ounce BPI Certified Renewable & Con
#0-4
16-ounce BPI Certified Renewable & Con
#0-5
12-ounce Plain BPI Certified Renewable
#0-6
12-ounce Plain BPI Certified Renewable
#0-7
16-ounce Plain BPI Certified Renewable
#0-8
16-ounce Plain BPI Certified Renewable
Quantity Requh Unit Price
50
95.47
1
95.47
50
118.43
1
118.43
50
85.2
1
85.2
50
112.06
1
112.06
8/18/2020
Proposal Data
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Bid 20-68, Printed Compostable Cups - Proposal Data
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Supplier
Arkansas Secretary of State Filling #
Food Loops 811149533
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https://fayetteville-ar.bonfirehub.com/projects/29896/proposal Data 1 /1
Compostable Cups Product Manual & BPI Certification
BPI Certification
• Fabrikal: certification # 891006-1
• Primeware, made by AmerCareRoyal, LLC: certification # 1444084
Fabrikal
This company has
BPI Member
siau.•
BPI
Fabrication:
Primeware by AmerCareRoyal
This con)pany hay -
BPI Member'
• Fabrikal (BRANDED) - All cups are made in the United States.
• Primeware (PLAIN) —All cups are made overseas
Lead times:
Branded:
• Scenario 1: Fayetteville is purchasing in bulk from Food Loops:
o Custom, branded cup take 4-6 weeks from the approval time to delivery.
• Scenario 2: Individual restaurants are purchasing cases from Food Loops
o Food Loops delivers M-Sat.
o Food Loops delivers in 1-2 days (usually within 24 hours)
Plain:
• Scenario 1: Fayetteville is purchasing in bulk from Food Loops:
o Custom, branded cup take 2-4 weeks from the approval time to delivery.
• Scenario 2: Individual restaurants are purchasing cases from Food Loops
o Food Loops delivers M-Sat.
o Food Loops delivers in 1-2 days (usually within 24 hours
Fabrikal:
ITEM 1—Renewable & Compostable Cold Cups, 12 oz, (Case of 1000)
PRODUCT GC1214
PART # 9509104
MATERIAL PLA
BAGS/QTY. EA. 20/50
TOP DIA X BASE DIA X HT (IN.) 3.6 X 2.3 X 4.2
CASE QTY. 1,000
WEIGHT (LBS) 27.4
CUBE (FT3) 2.9
TIER/HEIGHT 6/5
CASE DIMS (IN.) 18.9 X 15.3 X 17.6
ITEM 2 —Renewable & Compostable Cold Cups, 16 oz, (Case of 1000)
PRODUCT GC16S
PART # 9509106
MATERIAL PLA
BAGS/QTY. EA. 20/50
TOP DIA X BASE DIA X HT (IN.) 3.9 X 2.5 X 4.7
CASE QTY. 1,000
WEIGHT (LBS) 31.7
CUBE (FT3) 4
TIER/HEIGHT 6/4
CASE DIMS (IN.) 20.2 X 16.3 X 21
Primeware:
ITEM 1—Renewable & Compostable Cold Cups, 12 oz, (Case of 1000)
PRODUCT CCP-12
MATERIAL PLA
BAGS/QTY. EA. 20/50
CASE QTY. 1,000
WEIGHT (LBS) 23.6
TIER/HEIGHT 4/4
CASE DIMS (IN.) L: 19.8 IN W: 15.9 IN H: 16.7 IN
ITEM 2 —Renewable & Compostable Cold Cups, 16 oz, (Case of 1000)
PRODUCT CCP-16
MATERIAL PLA
BAGS/QTY. EA. 20/50
CASE QTY. 1,000
WEIGHT (LBS) 28.9
TIER/HEIGHT 2/7
CASE DIMS (IN.) L: 19.8 IN W: 15.9 IN H: 19.7 IN
City of Fayetteville, Arkansas
CITY OF Purchasing Division — Room 306
isFAYETTEVILLE 113 W. Mountain
Fayetteville, AR 72701
A R KA N $A$ Phone: 479.575.8220
TDD (Telecommunication Device for the Deaf): 479.521.1316
INVITATION TO BID: Bid 20-68, Printed Compostable Cups
DEADLINE: Tuesday, August 18, 2020 before 2:00 PM, Local Time
DELIVERY LOCATION: Room 306 — 113 W. Mountain, Fayetteville, AR 72701
PURCHASING AGENT: Adonis Bwashi, abwashi@fayetteville-ar.gov
DATE OF ISSUE AND ADVERTISEMENT: Sunday, July 26, 2020
INVITATION TO BID
Bid 20-68, Printed Compostable Cups
No late bids will be accepted. Bids shall be submitted in sealed envelopes labeled with the name and address of
the bidder.
All bids shall be submitted in accordance with the attached City of Fayetteville specifications and bid documents
attached hereto. Each bidder is required to fill in every blank and shall supply all information requested; failure
to do so may be used as basis of rejection.
The undersigned hereby offers to furnish & deliver the articles or services as specified, at the prices & terms stated herein, and in
strict accordance with the specifications and general conditions of bidding, all of which are made a part of this offer. This offer is not
subject to withdrawal unless upon mutual written agreement by the Proposer/Bidder and City Purchasing Manager.
Name of Firm: Food Loops
Contact Person: Michael Kraus
E-Mail: michael@foodloops.net
Business Address: 5413 S Pleasant Way
City: Rogers
State: AR
Title: Director of Operations
Phone: 479-755-4511
Zip: 72758
Signature: _/V.-/U Date: 7-28-2020
City of Fayetteville, AR
Bid 20-68, Printed Compostable Cups
Page 1 of 17
8-17-2020 MK - Addendum 2 edits
City of Fayetteville
Bid 20-68, Printed Compostable Cups
Advertisement
City of Fayetteville, Arkansas
INVITATION TO BID
Bid 20-68, Printed Compostable Cups
The City is seeking bids from qualified vendors for the purchase of 12 & 16-ounce BPI certified compostable
cold cups with full wrap printing multiple colors on an as -needed basis for a one (1) year term with the option
to renew for four (4) additional one (1) year terms.
Bidders shall be qualified to do business and licensed in accordance with all applicable laws of the state and
local governments where the Project is located.
All sealed bids are due by Tuesday, August 18, 2020 before 2:00 PM, Local Time. All bids are due before the time
stated. Late bids shall not be accepted. City of Fayetteville reserves the right to deviate from the estimated
purchase quantities. Bids will be opened and read aloud immediately following the stated deadline.
Bid forms can be downloaded from the City's website at http://fayetteville-ar.gov/bids . All questions should be
directed to Adonis Bwashi, (479)-575-8258, abwashi@fayetteville-ar.gov.
Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority
and women business enterprises to bid on and receive contracts for goods, services, and construction. Also,
City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified
small, minority and women business enterprises.
The City of Fayetteville reserves the right to waive irregularities, to reject bids, and to postpone the award of
the Contract for a period of time which shall not exceed beyond ninety calendar days from the bid opening
date.
City of Fayetteville
By: Adonis Bwashi, Purchasing Agent
P: 479.575.8258
abwashi@fayetteville-ar.gov
TDD (Telecommunications Device for the Deaf): (479) 521-1316
Date of advertisement: 07/26/2020
City of Fayetteville, AR
Bid 20-68, Printed Compostable Cups
Page 2 of 17
City of Fayetteville
Bid 20-68, Printed Compostable Cups
Bid Form
DATE REQUIRED AS A COMPLETE UNIT: 15 CALENDAR DAYS FROM DATE OF ORDER
F.O.B. 113 W Mountain Fayetteville, AR 72701; OR directly to City Authorized Business.
�Ml
9F12-ounce BPI Certified
Renewable & Compostable
cold cups (1000 cups/case,
bulk)
1 12-ounce BPI Certified
Renewable & Compostable
cold cups (Qty. 1000
cups/case, Business Direct)
50
1
2 16-ounce BPI Certified 50
Renewable & Compostable
cold cups (Qty. 1000
cups/case, Bulk)
2 16-ounce BPI Certified 1
Renewable & Compostable
cold cups (Qty. 1000
cups/case, Business
Direct.)
TOTAL BASE BID:
R
Lead times (ON CUSTOM)
• Scenario 1 - Bulk to City of Fayetteville:
-Custom, branded cup take 4-6 weeks from the approval time to delivery.
• Scenario 2 Business Direct:
-Food Loops delivers M-Sat.
-Food Loops delivers in 1-2 days (usually within 24 hours).
Fabrication: All FABRIKAL cups are made in the United States.
City of Fayetteville, AR
Bid 20-68, Printed Compostable Cups
Page 3 of 17
Please specify for Unit Bid:
Item 1— Manufacturer Fabrikal* Model GC1214 and GC16S *Fabrikal for bra
Primeware** CCP-12 & CCP-16 **Primeware for plain
ALL BIDDERS SHALL COMPLETE THE "TECHNICAL SPECIFICATION" SECTION WITH BID.
FAILURE TO SUBMIT A RESPONSE ON THE PROVIDED "TECHNICAL SPECIFICATION" FORM
IN A COMPLETED FORMAT CAN RESULT IN BID REJECTION.
Bids shall be submitted on this bid form in its entirety AND accomnaniedbydescriotive literature on the products
being bid. The City reserves the right to award this bid based on the City's best interest at the time of product
order.
THIS BID FORM CONTINUES ON THE NEXT PAGE.
City of Fayetteville, AR
Bid 20-68, Printed Compostable Cups
Page 4 of 17
EXECUTION OF BID -
Actual specification of any deficient item shall be noted on the bid sheet or separate attachment. If specifications of item bid
differ from provided literature, deviation shall be documented and certified by the manufacturer as a regular production
option.
Upon signing this Bid, the bidder certifies that:
1. He/she has read and agrees to the requirements set forth in this proposal, including specifications, terms,
standard conditions, and any pertinent information regarding the articles being bid on.
2. Unless otherwise noted and explained, the unit bid and listed meets or exceeds all of these requirements as
specified by The City of Fayetteville.
3. The Bidder can and will comply with all specifications and requirements for delivery, documentation and support
as specified herein.
4. I, as an officer of this organization, or per the attached letter of authorization, am duly authorized to certify the
information provided herein is accurate and true.
5. Bidder shall comply with all State and Federal Equal Opportunity and Non -Discrimination requirements and
conditions of employment in addition to all federal, state, and local laws.
6. Bidder shall disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any
relationship with any City of Fayetteville employee. Response shall disclose if a known relationship exists between
any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official.
If no relationship exists, this should also be stated in your response. Failure to disclose such a relationship may
result in cancellation of a purchase and/or contract as a result of your response.
X 1.) NO KNOWN RELATIONSHIP EXISTS
2.) RELATIONSHIP EXISTS (Please explain):
7. Bidder will perform the Work in compliance with all applicable trench safety standards set forth in Occupational
Safety and Health Administration (OSHA) Part 1926 — Subpart P — Excavations.
As A bidder on this project, you are required to provide debarment/suspension certification indicating that you
are in compliance with the below Federal Executive Order. Certification can be done by completing and signing
this form.
Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving
individual awards, using federal funds, and all sub -recipients certify that the organization and its
principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded by any Federal department or agency from doing business with the Federal Government.
b. Your signature below certifies that neither you nor your principal is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction
by any federal department or agency.
City of Fayetteville, AR
Bid 20-68, Printed Compostable Cups
Page 5 of 17
Unsigned bids will be rejected. Items marked * are mandatory for consideration.
*NAME OF FIRM: Food Loops
Purchase Order/Payments shall ,be issued to this name
*D/B/A or Corporation Name Food Loops, LLC
*BUSINESS ADDRESS: 5413 S Pleasant Way
*CITY: Rogers *STATE: AR
*PHONE: 479-755-4511
*E-MAIL: michael@foodloops.net
*BY: (PRINTED NAME) Michael Kraus
*AUTHORIZED SIGNATURE: `W
*TITLE: Director of Operations
DUNS NUMBER: 093132117
*TAX ID NUMBER: 82-3452388
Acknowledge Addendums:
Addendum No. 1
Addendum No. 2
Addendum No. _
Addendum No.
Dated: 8-4-2020
Dated: 8-17-2020
Dated:
Dated:
FAX:
*ZIP: 72758
CAGE NUMBER: 844M4
Acknowledged by: Michael Kraus
Acknowledged by: Michael Kraus
Acknowledged by:
Acknowledged by:
ALL BIDDERS SHALL COMPLETE THE "TECHNICAL SPECIFICATION" SECTION WITH BID.
FAILURE TO SUBMIT A RESPONSE ON THE PROVIDED "TECHNICAL SPECIFICATION" FORM
IN A COMPLETED FORMAT CAN RESULT IN BID REJECTION.
City of Fayetteville, AR
Bid 20-68, Printed Compostable Cups
Page 6 of 17
City of Fayetteville
Bid 20-68, Printed Compostable Cups
General Terms and Conditions
1. SUBMISSION OF BID & BID EVALUATION:
a. Bids shall be reviewed following the stated deadline, as shown on the cover sheet of this
document.
b. Bidders shall submit bids based on documentation published by the Fayetteville Purchasing
Division.
c. Bids shall be enclosed in sealed envelopes or packages addressed to the City of Fayetteville,
Purchasing Division, Room 306, 113 W. Mountain, Fayetteville, AR 72701. The name, address of
the firm and Bid, RFP, or RFQ number shall be on the outside of the packaging as well as on any
packages enclosed in shipping containers or boxes.
d. The City will not be responsible for misdirected bids. Vendor should call the Purchasing Office at
479.575.8220 to ensure correct receipt of bidding documents prior to opening time and date
listed on the bid form.
e. Bidders shall have experience in providing products and/or services of the same or similar
nature.
f. Bidder is advised that exceptions to any of the terms contained in this bid must be identified in
its response to the bid. Failure to do so may lead the City to declare any such term non-
negotiable. Proposer's desire to take exception to a non-negotiable term will not disqualify it
from consideration for award.
g. Local time is defined as the time in Fayetteville, Arkansas on the due date of the deadline. Bids
shall be received before the time as shown by the atomic clock located in the Purchasing Division
Office.
h. Bids will be evaluated and awarded based on the best interest of the City of Fayetteville. The City
reserves the right to award bids in their entirety, none, or by line item.
2. WRITTEN REQUESTS FOR INTERPRETATIONS OR CLARIFICATION:
No oral interpretations will be made to any firms as to the meaning of specifications or any other contract
documents. All questions pertaining to the terms and conditions or scope of work of this bid must be sent in
writing via e-mail to the Purchasing Agent. Responses to questions may be handled as an addendum if the
response would provide clarification to the requirements of the bid. All such addenda shall become part of
the contract documents. The City will not be responsible for any other explanation or interpretation of the
proposed bid made or given prior to the award of the contract.
3. DESCRIPTION OF SUPPLIES AND SERVICES:
Any reference to a particular brand or manufacturer is done in an effort to establish an acceptable level of
quality for this project. Brands or manufacturers that are included in bid that are of at least equal quality,
size, design, and specification as to what has been specified, will be acceptable for consideration only if
approved by the City of Fayetteville Purchasing Division. The City of Fayetteville reserves the right to accept
or reject any requested equal.
City of Fayetteville, AR
Bid 20-68, Printed Compostable Cups
Page 7 of 17
4. RIGHTS OF CITY OF FAYETTEVILLE BID PROCESS:
In addition to all other rights of the City of Fayetteville, under state law, the City specifically reserves the
following:
a. The City of Fayetteville reserves the right to select the bid that it believes will serve the best
interest of the City.
b. The City of Fayetteville reserves the right to accept or reject any or all bids.
c. The City of Fayetteville reserves the right to cancel the entire bid.
d. The City of Fayetteville reserves the right to remedy or waive technical or immaterial errors in
the invitation to bid or in bids submitted.
e. The City of Fayetteville reserves the right to request any necessary clarifications, additional
information, or data without changing the terms of the bid.
5. COSTS INCURRED BY BIDDERS:
All expenses involved with the preparation and submission of bids to the City, or any work performed in
connection therewith, shall be borne solely by the bidder(s). No payment will be made for any responses
received, or for any other effort required of, or made by, the bidder(s) prior to contract commencement.
6. CONFLICT OF INTEREST:
a. The bidder represents that it presently has no interest and shall acquire no interest, either direct
or indirect, which would conflict in any manner with the performance or services required
hereunder, as provided in City of Fayetteville Code Section 34.26 titled "Authority of City
Employee to Contract with the City".
b. All bidders shall promptly notify Adonis Bwashi, City Purchasing Agent, in writing, of all potential
conflicts of interest for any prospective business association, interest, or other circumstance
which may influence or appear to influence the bidder's judgment or quality of services being
provided. Such written notification shall identify the prospective business association, interest or
circumstance, the nature of which the bidder may undertake and request an opinion to the City
as to whether the association, interest or circumstance would, in the opinion of the City,
constitute a conflict of interest if entered into by the bidder. The City agrees to communicate
with the bidder its opinion via e-mail or first-class mail within thirty days of receipt of
notification.
7. WITHDRAWL OF PROPOSAL:
A bid may be withdrawn prior to the time set for the bid submittal, based on a written request from an
authorized representative of the firm; however, a bid shall not be withdrawn after the time set for the bid
unless approved by the Purchasing Division.
8. LATE PROPOSAL OR MODIFICATIONS:
Bid modifications received after the time set for the bid submittal shall not be considered. Modifications in
writing received prior to the deadline will be accepted. The City will not be responsible for misdirected bids.
Bidders should call the Purchasing Division at (479) 575-8220 to insure receipt of their submittal documents
prior to opening time and date listed.
9. LOCAL, STATE, AND FEDERAL COMPLIANCE REQUIREMENTS:
a. The laws of the State of Arkansas apply to any purchase made under this bid. Bidders shall
comply with all local, state, and federal directives, orders and laws as applicable to this proposal
City of Fayetteville, AR
Bid 20-68, Printed Compostable Cups
Page 8 of 17
and subsequent contract(s) including but not limited to Equal Employment Opportunity (EEO),
Disadvantaged Business Enterprises (DBE), & OSHA as applicable to this contract.
b. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified
small, minority and women business enterprises to bid on and receive contracts for goods,
services, and construction. Also, City of Fayetteville encourages all general contractors to
subcontract portions of their contract to qualified small, minority and women business
enterprises.
10. PROVISION FOR OTHER AGENCIES:
Unless otherwise stipulated by the bidder, the bidder agrees to make available to all Government agencies,
departments, municipalities, and counties, the proposal prices submitted in accordance with said proposal
terms and conditions therein, should any said governmental entity desire to buy under this proposal.
Eligible Users shall mean all state of Arkansas agencies, the legislative and judicial branches, political
subdivisions (counties, local district school boards, community colleges, municipalities, counties, or other
public agencies or authorities), which may desire to purchase under the terms and conditions of the
contract.
11. COLLUSION:
The Proposer, by affixing his or her signature to this proposal, agrees to the following: "bidder certifies that
his or her bid is made without previous understanding, agreement, or connection with any person, firm or
corporation making a proposal for the same item(s) and/or services and is in all respects fair, without
outside control, collusion, fraud, or otherwise illegal action."
12. RIGHT TO AUDIT, FOIA, AND JURISDICITON:
a. The City of Fayetteville reserves the privilege of auditing a vendor's records as such records
relate to purchases between the City and said vendor.
Freedom of Information Act: City contracts and documents prepared while performing City
contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of
Information Act request is presented to the City of Fayetteville, the (Contractor) will do
everything possible to provide the documents in a prompt and timely manner as prescribed in
the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized
photocopying costs pursuant to the FOIA may be assessed for this compliance.
c. Legal jurisdiction to resolve any disputes shall be in Washington County, Arkansas with Arkansas
law applying to the case.
13. CITY INDEMNIFICATION:
The successful bidder(s) agrees to indemnify the City and hold it harmless from and against all claims,
liability, loss, damage or expense, including but not limited to counsel fees, arising from or by reason of any
actual or claimed trademark, patent or copyright infringement or litigation based thereon, with respect to
the goods or any part thereof covered by this order, and such obligation shall survive acceptance of the
goods and payment thereof by the City.
14. VARIANCE FROM STANDARD TERMS & CONDITIONS:
All standard terms and conditions stated in this request for bid apply to this contract except as specifically
stated in the subsequent sections of this document, which take precedence, and should be fully understood
by bidders prior to submitting a proposal on this requirement.
City of Fayetteville, AR
Bid 20-68, Printed Compostable Cups
Page 9 of 17
15. ADA REQUIREMENT FOR PUBLIC NOTICES & TRANSLATION:
Persons with disabilities requiring reasonable accommodation to participate in this proceeding/event,
should call 479.521.1316 (telecommunications device for the deaf), not later than seven days prior to the
deadline. Persons needing translation of this document shall contact the City of Fayetteville, Purchasing
Division, immediately.
16. PROCUREMENT POLICY FOR RECYCLED MATERIALS:
The City of Fayetteville wishes to encourage its bidders to use recycled products in fulfilling contractual
obligations to the City and that such practices will serve as a model for other public entities and private
sector companies.
17. PAYMENTS AND INVOICING:
The bidder must specify in their bid the exact company name and address which must be the same as
invoices submitted for payment as a result of award of this bid. Further, the successful bidder is responsible
for immediately notifying the Purchasing Division of any company name change, which would cause
invoicing to change from the name used at the time of the original bid. Payment will be made within thirty
days of invoice received. The City of Fayetteville is very credit worthy and will not pay any interest, fees, or
penalty for untimely payments. Payments can be processed through bidder's acceptance of Visa at no
additional costs to the City for expedited payment processing. The City will not agree to any nonrefundable
deposit or retainer that would remain property of the bidder even if the hourly work actually performed by
the bidder would not justify such fee.
The City will pay the awarded bidder based on unit prices provided on invoicing. Progress payments will be
made after approval and acceptance of work and submission of invoice. Payments will be made within 30
days of accepted invoice.
18. CANCELLATION:
a. The City reserves the right to cancel this contract without cause by giving thirty (30) days prior
notice to the Contractor in writing of the intention to cancel or with cause if at any time the
Contractor fails to fulfill or abide by any of the terms or conditions specified.
b. Failure of the contractor to comply with any of the provisions of the contract shall be considered
a material breach of contract and shall be cause for immediate termination of the contract at the
discretion of the City of Fayetteville.
In addition to all other legal remedies available to the City of Fayetteville, the City reserves the
right to cancel and obtain from another source, any items and/or services which have not been
delivered within the period of time from the date of order as determined by the City of
Fayetteville.
d. In the event sufficient budgeted funds are not available for a new fiscal period, the City shall
notify the vendor of such occurrence and contract shall terminate of the last day of the current
fiscal period without penalty or expense to the City.
19. ASSIGNMENT, SUBCONTRACTING, CORPORATE ACQUISITIONS AND/OR MERGERS:
a. The Contractor shall perform this contract. No assignment of subcontracting shall be allowed
without prior written consent of the City. If a bidder intends to subcontract a portion of this
work, the bidder shall disclose such intent in the bid submitted as a result of this bid.
City of Fayetteville, AR
Bid 20-68, Printed Compostable Cups
Page 10 of 17
b. In the event of a corporate acquisition and/or merger, the Contractor shall provide written
notice to the City within thirty (30) calendar days of Contractor's notice of such action or upon
the occurrence of said action, whichever occurs first. The right to terminate this contract, which
shall not be unreasonably exercised by the City, shall include, but not be limited to, instances in
which a corporate acquisition and/or merger represent a conflict of interest or are contrary to
any local, state, or federal laws. Action by the City awarding a proposal to a firm that has
disclosed its intent to assign or subcontract in its response to the bid, without exception shall
constitute approval for purpose of this Agreement.
20. NON-EXCLUSIVE CONTRACT:
Award of this bid shall impose no obligation on the City to utilize the vendor for all work of this type, which
may develop during the contract period. This is not an exclusive contract. The City specifically reserves the
right to concurrently contract with other companies for similar work if it deems such an action to be in the
City's best interest. In the case of multiple -term contracts, this provision shall apply separately to each item.
21. LOBBYING:
Lobbying of selection committee members, City of Fayetteville employees, or elected officials regarding
request for proposals, request for qualifications, bids or contracts, during the pendency of bid protest, by
the bidder/proposer/protestor or any member of the bidder's/proposer's/protestor's staff, and agent of the
bidder/proposer/protestor, or any person employed by any legal entity affiliated with or representing an
organization that is responding to the request for proposal, request for qualification, bid or contract, or has
a pending bid protest is strictly prohibited either upon advertisement or on a date established by the City of
Fayetteville and shall be prohibited until either an award is final or the protest is finally resolved by the City
of Fayetteville; provided, however, nothing herein shall prohibit a prospective/bidder/proposer from
contacting the Purchasing Division to address situations such as clarification and/or questions related to the
procurement process. For purposes of this provision lobbying activities shall include but not be limited to,
influencing or attempting to influence action or non -action in connection with any request for proposal,
request for qualification, bid or contract through direct or indirect oral or written communication or an
attempt to obtain goodwill of persons and/or entities specified in this provision. Such actions may cause any
request for proposal, request for qualification, bid or contract to be rejected.
22. ADDITIONAL REQUIREMENTS:
The City reserves the right to request additional services relating to this bid from the bidder. When
approved by the City as an amendment to the contract and authorized in writing prior to work, the
Contractor shall provide such additional requirements as may become necessary.
23. ADD OR DELETE LOCATIONS OR SERVICES:
The City reserves the right to unilaterally add or delete locations and/or services, either collectively or
individually, at the City's sole option, at any time after award has been made as may be deemed necessary
or in the best interests of the City. In such case, the Contractor(s) will be required to provide services to this
contract in accordance with the terms, conditions, and specifications.
24. INTEGRITY OF BID DOCUMENTS:
Bidders shall use the original bid form(s) provided by the Purchasing Division and enter information only in
the spaces where a response is requested. Bidders may use an attachment as an addendum to the bid
form(s) if sufficient space is not available on the original form for the bidder to enter a complete response.
Any modifications or alterations to the original documents by the bidder, whether intentional or otherwise,
City of Fayetteville, AR
Bid 20-68, Printed Compostable Cups
Page 11 of 17
will constitute grounds for rejection of such response. Any such modifications or alterations a bidder wishes
to propose shall be clearly stated in the bidder's response and presented in the form of an addendum to the
original bid documents.
25. OTHER GENERAL CONDITIONS:
a. Bidder is presumed to be familiar with all federal, state, and city laws, ordinances, and regulations which
in any manner affect those engaged or employed in the Work, or the materials or equipment used, or
that in any way affect the Work and shall in all respects comply with said laws, ordinances, and
regulations. No claim of misunderstanding or ignorance on the part of Bidder or Proposer will in any way
serve to modify the provisions of the contract. No representations shall be binding unless embodied in
the contract.
b. Prices shall include all labor, materials, overhead, profit, insurance, shipping, freight, etc., to cover the
products and services presented. Sales taxshaiinotbeinciudedin thebidprice. Applicable Arkansas sales
tax laws will apply when necessary but will not be considered in award of this project.
c. Each bidder should state the anticipated number of days from the date of receipt of an order for
delivery of services to the City of Fayetteville.
Bidders must provide the City with their bids signed by an employee having legal authority to submit
bids on behalf of the bidder. The entire cost of preparing and providing responses shall be borne by the
bidder.
e. The City reserves the right to request any additional information it deems necessary from any or all
bidders after the submission deadline.
f. The request for bid is not to be construed as an offer, a contract, or a commitment of any kind; nor does
it commit the city to pay for any costs incurred by bidder in preparation. It shall be clearly understood
that any costs incurred by the Proposer in responding to this request for proposal is at the bidder's own
risk and expense as a cost of doing business. The City of Fayetteville shall not be liable for
reimbursement to the Proposer for any expense so incurred, regardless of whether or not the proposal
is accepted.
g. If products, components, or services other than those described in this bid document are proposed, the
bidder must include complete descriptive literature for each. All requests for additional information
must be received within five working days following the request.
NOTE: Any uncertainties shall be brought to the attention to Adonis Bwashi immediately via telephone
(479.575.8220) or e-mail (abwashi@fayetteville-ar.gov). It is the intent and goal of the City of
Fayetteville Purchasing Division to provide documents providing a clear and accurate understanding of
the scope of work to be completed and/or goods to be provided. We encourage all interested parties to
ask questions to enable all bidders to be on equal bidding terms.
Any inquiries or requests for explanation in regard to the City's requirements should be made promptly
to Adonis Bwashi, City of Fayetteville, Purchasing Agent via e-mail (abwashi@fayetteville-ar.gov) or
telephone (479.575.8220). No oral interpretation or clarifications will be given as to the meaning of any
part of this request for proposal. All questions, clarifications, and requests, together with answers, if
any, will be provided to all firms via written addendum. Names of firms submitting any questions,
clarifications, or requests will not be disclosed until after a contract is in place.
j. Any information provided herein is intended to assist the bidder in the preparation of proposals
necessary to properly respond to this bid. The bid is designed to provide qualified Proposers with
City of Fayetteville, AR
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Page 12 of 17
sufficient basic information to submit proposals meeting minimum specifications and/or test
requirements, but is not intended to limit a bid's content or to exclude any relevant or essential data.
Bidders irrevocably consent that any legal action or proceeding against it under, arising out of or in any
manner relating to this Contract shall be prevailed by Arkansas law. Proposer hereby expressly and
irrevocably waives any claim or defense in any said action or proceeding based on any alleged lack of
jurisdiction or improper venue or any similar basis.
The successful bidder shall not assign the whole or any part of this Contract or any monies due or to
become due hereunder without written consent of City of Fayetteville. In case the successful bidder
assigns all or any part of any monies due or to become due under this Contract, the Instrument of
assignment shall contain a clause substantially to the effect that is agreed that the right of the assignee in
and to any monies due or to become due to the successful bidder shall be subject to prior liens of all
persons, firms, and corporations for services rendered or materials supplied for the performance of the
services called for in this contract.
m. The successful bidder's attention is directed to the fact that all applicable Federal and State laws,
municipal ordinances, and the rules and regulations of all authorities having jurisdiction over the services
shall apply to the contract throughout, and they will be deemed to be included in the contract as though
written out in full herein. The successful bidder shall keep himself/herself fully informed of all laws,
ordinances and regulations of the Federal, State, and municipal governments or authorities in any manner
affecting those engaged or employed in providing these services or in any way affecting the conduct of the
services and of all orders and decrees of bodies or tribunals having anyjurisdiction or authority over same.
If any discrepancy or inconsistency should be discovered in these Contract Documents or in the
specifications herein referred to, in relation to any such law, ordinance, regulation, order or decree, s/he
shall herewith report the same in writing to City of Fayetteville.
26. INVOICING: All invoices shall be presented to the City with the minimum information listed below.
a. City Department that ordered the materials or services
b. Order Date
c. Delivery date or the date of services
d. Name of the City Employee that requested or picked up the goods, materials, or service
e. Bid Number that applies to the purchase and invoices. Amounts in the bid shall match invoicing.
27. ATTACHMENTS TO BID DOCUMENTS:
a. The design of full wrap printing multiple colors attached.
City of Fayetteville, AR
Bid 20-68, Printed Compostable Cups
Page 13 of 17
City of Fayetteville
Bid 20-68, Printed Compostable Cups
Technical Specification
ALL BIDDERS SHALL COMPLETE THIS "TECHNICAL SPECIFICATION" SECTION WITH BID.
FAILURE TO SUBMIT A RESPONSE ON THIS "TECHNICAL SPECIFICATION" FORM IN A
COMPLETED FORMAT CAN RESULT IN BID REJECTION.
BIDDING REQUIREMENTS:
o NOTICE: THIS SECTION CAN BE COMPLETED ON THE FOLLOWING MANNER: When given a specification option
containing a blank (example a. ), bidder shall write a "check mark" or write "yes' indicating yes if the
accompanied specification is mV In the event a specification cannot be met, bidder shall indicate so by
writing in "no" and writing on the City's bid forms how the specification is not met or how the unit(s) bid differ
from what has been specified. Leaving item blank shall indicate bidder does not meet the listed specification
and can result in bidder DISQUALIFICA TION.
o Bidders shall NOT supply warranty papers for the City to interpret whether a warranty specification is met or
not.
1. GENERAL-
1.1 All unit(s) bid shall meet or exceed the minimum requirements or they will be deemed incomplete
and will not be considered for bid award.
1.2 All specifications written are to minimums, unless otherwise noted.
1.3 All unit pricing shall include any shipping and handling fees. No additional fees shall be added.
1.4 Bidder shall state brand name for all items listed on the bid form. Bidder shall not substitute a
different brand or grade without prior authorization from the City.
1.5 All products delivered shall be sealed and bear trademark of manufacturer. Vendor shall be a
licensed re -packager for bulk and repackaged products.
1.6 All boxes delivered shall have Weights and Measures certified meters. Copies of current BPI
certificates shall be provided.
1.7 The City staff shall be the sole judge of the sufficiency of quality material. Bidder warrants,
represents, and assures that the products and services to be provided shall conform in all respects to
the requirements of the specifications and as designed will meet the functional and performance
standards contained herein and shall meet or exceed the representations contained in this bid.
1.8 Contract shall be for a term of one year from date of award. Contract may be extended for four (4)
additional one-year term upon mutual agreement of the City and the vendor.
1.9 Prices shall remain form for one (1) year, beginning with the date approved by the Fayetteville City
Council. Prices charged to the City by the Bidder may be increased up or decreased after the first
contract term upon presentation of manufacturer documented price change from the BPI certified
renewable & compostable cold cups manufacturer and upon the term such increase is applicable to
all commercial users. Price increase or decrease shall not exceed actual cost change to the bidder.
Price adjustments shall be limited to two (2) price changes per year after the first contract term of
City of Fayetteville, AR
Bid 20-68, Printed Compostable Cups
Page 14 of 17
one (1) year.
1.10 Quantities listed are approximate anticipated annual requirements based on prior purchases. The
City intends to purchase the listed products from the successful bidder; however, no minimum
purchase quantity is guaranteed.
1.11 Bidder agrees to sell products required for specific applications not listed in this bid from the same
manufacturer at the same cost factor from published price list.
1.12 The City reserves the right to secure from another source if needed product cannot be delivered
within the specified time; meaning that the City intends to select primary, secondary, and tertiary
manufacturer/vendors on this bid award.
1.13 The City reserves the right to procure from other sources packaged BPI certified renewable &
compostable cold cups products as deemed necessary to meet the needs of the City and for testing
purposes, if required.
1.14 The City intends to allow direct purchases between City authorized businesses and the successful
bidder and reserves the right to purchase bulk quantities for distribution to authorized businesses.
2. MANUFATURER/MODEL-
2.1 Units described below are Eco-Products GreenStripe Cold Cups, transparent/green cold cups, which
have been tested, approved, certified and/or registered according to the following standards (certification
standards) under the BPI certification compostability mark:
• ASTM D6400 Standard Specification for Labeling of Plastics Designed to be
Aerobically Composted in Municipal or Industrial Facilities
• ASTM D6868 Standard Specification for Labeling of End Items that Incorporate
Plastics and Polymers as Coatings or Additives with Paper and
Other Substrates Designed to be Aerobically Composed in
Municipal or Industrial Facilities
Any deviation from this model must be approved and a demonstration may be required before
acceptance of the bid.
2.2 Unit(s) bid shall be new, unused, and standard production model as offered for commercial trade.
3. TECHNICAL SPECIFICATIONS:
ITEM 1— EP-CCI2-GS GreenStripe Renewable & Compostable Cold Cups, 12 oz, (Case of 1000)
3.1 Capacity
a. 12 ounces
b.Color: Clear
c.Material: Plastic
3.2 Dimensions:
branded
a. no Item weight: 24.2 pounds 27.4 pounds
b.V Size: 12-ounce cold cup
c. no Model: EP-CCI2-GS Brand: Fabrikal Model: GC1214
City of Fayetteville, AR
Bid 20-68, Printed Compostable Cups
Page 15 of 17
plain
a. no 23.6 you
b. V
c. no Primeware
model: CCP-12
3.3 Specifications:
Q
5.
a. V Compostable, 12-ounce cold drink cup made from renewable resources
b. A smart alternative to the traditional party cup
C. Meets ASTM D6400 standards for compostability
d.�Z Comes in a case of 1,000 cups
ITEM 1— EP-CCI6-GS GreenStripe Renewable & Compostable Cold Cups, 16 oz, (Case of 1000)
3.4 Capacity
a. V 16 ounces
b. Color: Clear
c._V Material: Plastic
3.5 Dimensions:
a. no Item weight: 29.8 pound!
b.� Size: 16-ounce cold cup
C. no Model: EP-CCI6-GS
3.6 Specifications:
31.7 pounds
Brand: Fabrikal Model: GC16S
a. no 28.9 you
b.
c. no Primeware
model: CCP-16
a.- Compostable, 16-ounce cold drink cup made from renewable resources
b. A smart alternative to the traditional party cup
c.� Meets ASTM D6400 standards for compostability
d. Comes in a case of 1,000 cups
WARRANTY
4.1 Warranty shall include all cups, labor, and transportation to and from the location of the warranty
service center.
4.2 Successful vendor shall be responsible for warranty administration of entire completed unit
4.3 Each unit shall be delivered with the following warranty documents which shall be placed into effect
upon the first day of final acceptance of each unit:
aV Manufacturer's warranty which shall be honored at any local manufacturer -authorized
dealership.
STANDARDS
5.1Each unit shall meet or exceed the following applicable standards:
a.V Material Feature: Biodegradable, Compostable
b. V External Testing Certification: ASTM D6400 Compliant, BPI Certified Compostable
c. V Each unit meets or exceeds the specifications set in the ASTM D6400, as demonstrated
by tests performed by an Approved Testing Laboratory according to the methodologies
specified in these specifications and approved by BPI
City of Fayetteville, AR
Bid 20-68, Printed Compostable Cups
Page 16 of 17
d. Occupational Safety and Health Administration (OSHA) Standards
6. DELIVERY/DOCUMENTATION
6.1AII units shall be delivered FOB Destination to the City Hall, located at 113 W. Mountain Street,
Fayetteville, AR 72704, for compliance review and final acceptance.
6.2Delivery shall include the following documents as a minimum:
a. V Manufacturer/Distributor invoice
b. V Service Manual
6.3 Unit shall be fully assembled, serviced, and ready for operation as delivered.
7. MANUALS
7.1 The successful bidder agrees to furnish each of the following list of manuals:
a. V BPI Certification License (number or copy)
b. V Parts (OEM) Manual — one copy (Paper or electronic format acceptable)
c. V Current copies of units and service manuals previously provided by vendor will satisfy
this requirement
7.2 Payment(s) may be held until all manuals and certifications are delivered to the City of Fayetteville.
City of Fayetteville, AR
Bid 20-68, Printed Compostable Cups
Page 17 of 17
Full wrap printing design multiple colors
ORA_
OUTDOOR
REFRESHMENT
AREA
FAYETTEVILLE,ARKANSAS
---------------------------------
GC16S Imprint Area = 2.625' X 9.13"
ORA RULES
Cups a [Lowed 10 a.m. -10 p.rn.
on designated days.
• Do not carry an 4FLA cup into any
alcohol -selling husirtess or any other
business without their consent.
• Cups must stay within ORA boundary.
Lookforsigns.
• Disposeof yourcup in a designated
receptacle.
Drink responsibly & enjoy Fayetteville!
www.tayetteville-ar.gov/ORA
------------------------ --------------------
Imprintarea begins approximately 1 • i
from the bottom of the cup.
ie - --
1741008.01 GC16S 5 INK COLORS: GREY 445 TEAL 7717 GREEN 7722 1
Bid 20-68, Addendum 2
Date: Friday, August 14, 2020
To: All Prospective Vendors
From: Adonis Bwashi — 479.575.8258 — abwashi@fayetteville-ar.gov
RE: Bid 20-68, Printed Compostable Cups
CITY OF
FAYETTEVILLE
ARKANSAS
This addendum is hereby made a part of the contract documents to the same extent as though it were originally included
therein. Bidders should indicate their receipt of same in the appropriate blank of the Bid Form. BIDDERS SHOULD
ACKNOWLEDGE THIS ADDENDUM ON THE DESIGNATED LOCATION ON THE BID FORM.
To All Bidders and interested parties:
This Addendum includes a revised bid table information on Bid 20-68 which shall be used by all bidders. Failure to
submit the correct revised bid table in a sealed format shall result in bid rejection. Bidders shall submit an electronic
physical copy of the enclosed revised bid form, this addendum, and all other required documents.
1. The following are additions and clarifications to the required line items specifications:
a. The Addendum 2, which included a revised bid form information, represents the accurate Bid Table.
b. All bidders and interested parties should provide the price for cases of 16-ounce plain and 12-ounce
plain BPI certified compostable cups for both the City to purchase, same minimums, and businesses
to directly purchase.
Clarification:
Food Loops uses different brands (both BPI certified) for branded vs. plain cups.
We use Fabrikal for branded cups - made in USA
We use Primeware for plain cups - made in Asia
City of Fayetteville, AR
Bid 20-68, Addendum 1
Page 112
Telecommunications Device for the Deaf TDD {47R) 521-1316
113 West Mountain -Fayetteville, AS 72701
City of Fayetteville
Bid 20-68, Printed Compostable Cups
Bid Form
F.O.B. 113 W Mountain Fayetteville, AR 72701; OR directly to City Authorized Business.
12-ounce BPI Certified Renewable $
& Compostable cold cups (1000
cups/case, bulk) IF
1 12-ounce BPI Certified Renewable $ Ub.4t
& Compostable cold cups (Qty.
1000 cups/case, Business Direct)
2 16-ounce BPI Certified Renewable 50 $ 118.43
& Compostable cold cups (Qty.
1000 cups/case, Bulk)
2 16-ounce BPI Certified Renewable 1 $ 118.43
& Compostable cold cups (Qty.
1000 cups/case, Business Direct.)
3 12-ounce Plain BPI Certified 50 $ 85.20
Renewable & Compostable cold
cups (1000 cups/case, bulk)
3 12-ounce Plain BPI Certified 1 $ 85.20
Renewable & Compostable cold
cups (Qty. 1000 cups/case,
Business Direct)
4 16-ounce Plain BPI Certified 50 $ 112.06
Renewable & Compostable cold
cups (Qty. 1000 cups/case, Bulk)
4 16-ounce Plain BPI Certified 1 $ 112.06
Renewable & Compostable cold
cups (Qty. 1000 cups/case,
Business Direct.)
TOTAL BASE BID:
City of Fayetteville, AR
Bid 15-23, Addendum 1
Page 212
$ 9b.41
$ 5,921.50
$ 118.43
$ 4,260.00
$ 85.20
$ 5,603.00
$ 112.06
$ 20,969.16
Telecommunications Device for the Deaf TDD (479) 521-1316
113 West Mountain - Fayetteville, AR 72701
Contract for Bid 20-68
Appendix C
Recommendation for Award
Line
Item #
crTv AF
PAYETTEVILLE
ARKA
���c�RsaS
BID TABULATION
BID 20-68, PRINTED COMPOSTABLE CUPS
Item Description
IFood Loops
Total Cost
$20,969.16
Quantity
Unit Total
Required
Price Cost
1
12-ounce BPI Certified Renewable & Compostable cold cups (1000 cups/case, bulk)
50
$95.47
$4,773.50
2
12-ounce BPI Certified Renewable & Compostable cold cups (Qty. 1000 cups/case, Business Direct)
1
$95.47
$95.47
3
16-ounce BPI Certified Renewable & Compostable cold cups (Qty. 1000 cups/case, Bulk)
50
$118.43
$5,921.50
4
16-ounce BPI Certified Renewable & Compostable cold cups (Qty. 1000 cups/case, Business Direct.)
1
$118.43
$118.43
5
12-ounce Plain BPI Certified Renewable & Compostable cold cups (1000 cups/case, bulk)
50
$85.20
$4,260.00
6
12-ounce Plain BPI Certified Renewable & Compostable cold cups (Qty. 1000 cups/case, Business Direct)
1
$85.20
$85.20
7
16-ounce Plain BPI Certified Renewable & Compostable cold cups (Qty. 1000 cups/case, Bulk)
50
$112.06
$5,603.00
8
16-ounce Plain BPI Certified Renewable & Compostable cold cups (Qty. 1000 cups/case, Business Direct.)
1
$112.06
$112.06
*NOTICE: Final Bid award is contingent upon vendor meeting minimum specifications and formal authorization by City officials.
CITY OF
I�FAYETTEVILLE
ARKANSAS
Bid 20-68, Printed Compostable Cups
Project Overview
Project Details
Reference ID Bid 20-68, Printed Compostable Cups
Project Name Bid 20-68, Printed Compostable Cups
Project Owner Andrea Foren
Project Type IFB
Department Purchasing
The City is seeking bids from qualified vendors for the purchase of 12 &
Project Description 16-ounce BPI certified compostable cold cups with full wrap printing
multiple colors on an as -needed basis for a one (1) year term with the
option to renew for four (4) additional one (1) year terms.
Open Date Jul 27, 2020 12:00 AM CDT
Close Date Aug 18, 2020 2:00 PM CDT
Highest Scoring Supplier Score
Food Loops 100 pts
CITY OF
10 FAYETTEVILLE
ARKANSAS
Seal status
Requested Information
W-9 Form
Arkansas Secretary of State
Filling #
Bid document - (Completed &
signed)
Bid Tab 20-68, Printed
Compostable Cups (BT-23AS)
BPI Certification License
(number or copy)
Conflict of Interest
Unsealed on Unsealed by
Aug 18, 2020 2:02 PM CDT Adonis Bwashi
Aug 18, 2020 2:02 PM CDT Adonis Bwashi
Aug 18, 2020 2:02 PM CDT Adonis Bwashi
Aug 18, 2020 2:02 PM CDT Adonis Bwashi
Aug 18, 2020 2:02 PM CDT Adonis Bwashi
# Declaration of Conflict of Interest You have been chosen as a Committee member for this
Evaluation. Please read the following information on conflict of interest to see if you have any
problem or potential problem in serving on this committee. ## Code of Conduct All information
related to submissions received from Suppliers or Service Providers must be kept confidential by
Committee members. ## Conflict of Interest No member of a Committee shall participate in the
evaluation if that Committee member or any member of his or her immediate family: * has direct or
indirect financial interest in the award of the contract to any proponent; * is currently employed by,
or is a consultant to or under contract to a proponent; * is negotiating or has an arrangement
concerning future employment or contracting with any proponent; or, * has an ownership interest in,
or is an officer or director of, any proponent. Please sign below acknowledging that you have
received and read this information. If you have a conflict or potential conflict, please indicate your
conflict on this acknowledgment form with information regarding the conflict. I have read and
understood the provisions related to the conflict of interest when serving on the Evaluation
Committee. If any such conflict of interest arises during the Committee's review of this project, I will
immediately report it to the Purchasing Director.
Name Date Signed Has a Conflict of Interest?
Adonis Bwashi Aug 18, 2020 2:02 PM CDT No
CITY OF
10 FAYETTEVILLE
ARKANSAS
Public Notices
Pre -Bid Meeting: Bid 20-68, ORA Compostable Cups
Adonis Bwashi, Aug 04, 2020 4:31 PM CDT
Due to several questions concerning Bid 20-68, Printed Compostable Cups, a non -mandatory
pre -bid meeting will be held Tuesday August 11, 2020 at 11:00 AM virtually. Information
regarding the pre -bid meeting is available on the project page on the City's electronic bidding
platform at www.fayetteville-ar/gov/bids. All interested parties are encouraged to attend.
Project Details Have Changed
Adonis Bwashi, Aug 04, 2020 4:31 PM CDT
- Project Public Files changed
Bid 20-68, Addendum 2 - Project Details Have Changed
Adonis Bwashi, Aug 13, 2020 3:25 PM CDT
To All Bidders and interested parties: - Project Requested Information changed - Bid 20-68, Bid
Form changed - Project Public Files changed. This Addendum (#2) includes a revised bid table
information on Bid 20-68 which shall be used by all bidders. Failure to submit the correct revised
bid table in a sealed format shall result in bid rejection. Bidders shall submit an electronic
physical copy of the enclosed revised bid form, this addendum, and all other required
documents. 1. The following are additions and clarifications to the required line items
specifications: a. The Addendum 2, which included a revised bid form information, represents
the accurate Bid Table. b. All bidders and interested parties should provide the price for cases
of 16-ounce plain and 12-ounce plain BPI certified compostable cups for both the City to
purchase, same minimums, and businesses to directly purchase. Please contact us if you need
further information.
CITY OF
��EVILLE
ARKANSRKANEAE
Submissions
Supplier Date
Submitted
Food Loops Aug 16, 2020
10:19 PM CDT
Proposal Scores
Name
Michael
Kraus
Food Loops - Scoring Summary
Evaluation Group 1 - Main Evaluation
Email Confirmation
Code
Michael@foodloops.net OTUwNzE=
Total Total Base Bid
Reviewer / 100 pts 1100 pts
Adonis Bwashi
100 pts
$20,969.16
Average:
$20,969.16
Calculated: 100 pts
100 pts ($20,969.16)
FAr LLE
ARKAhSkSN$AS
Signatures
Name Signatures
Andrea Foren Andrea �J rea Digitally signed by
/`� 1.1 Andrea Foren
(Project Owner) Foren Date:2020.08.28
14:52:45-05'00'
Adonis Bwashi Digitally signed by Adonis Bwashi
DN: cn=Adonis Bwashi,
(Evaluator) �w ^' email=abwashi@fayetteville-ar.gov, c=US
Date: 2020.08.19 15:30:45 -05'00'
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2020-0817
Agenda Date: 10/20/2020 Version: 1 Status: Agenda Ready
In Control: City Council Meetinq File Type: Resolution
Agenda Number: A.6
LAKE FAYETTEVILLE BOAT & BIKE RENTAL, LLC:
A RESOLUTION TO APPROVE THE LAKE FAYETTEVILLE BOAT DOCK OPERATOR
CONTRACT WITH LAKE FAYETTEVILLE BOAT & BIKE RENTAL, LLC IN THE AMOUNT OF
$50,900.00 FOR SERVICES IN 2021, WITH AUTOMATIC RENEWALS FOR UP TO FOUR
ADDITIONAL ONE YEAR TERMS
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 the Lake Fayetteville
Boat Dock Operator Contract with Lake Fayetteville Boat & Bike Rental, LLC in the amount of $50,900.00
for services to be rendered in 2021, with automatic renewals for up to four additional one year terms.
City of Fayetteville, Arkansas Page 1 Printed on 1011512020
City of Fayetteville Staff Review Form
2020-0817
Legistar File ID
10/20/2020
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Byron Humphry
PARKS & RECREATION (520)
Submitted By Submitted Date Division / Department
Action Recommendation:
9/29/2020
Approval of a resolution to award the Lake Fayetteville Boat Dock Operator contract to Angela Perea in the amount
of $50,900 for services in 2021, with automatic renewals for up to four additional one-year terms.
Budget Impact:
1010.520.5250.5315.00 General Fund
Account Number
Project Number
Budgeted Item? Yes
Does item have a cost? Yes
Budget Adjustment Attached? No
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Fund
Project Title
$ 50,900.00
50,900.00
$ 50,900.00
V20180321
Purchase Order Number: Previous Ordinance or Resolution # 225-15
Change Order Number:
Original Contract Number:
Approval Date:
Comments: Contract is contigent on City Council approval of the 2021 operating budget.
12/15/2015
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF OCTOBER 20, 2020
TO: Mayor and City Council
CITY COUNCIL MEMO
THRU: Susan Norton, Chief of Staff
Connie Edmonston, Parks and Recreation Director
FROM: Byron Humphry, Parks Maintenance Superintendent
DATE: September 29, 2020
SUBJECT: A resolution awarding the Lake Fayetteville Boat Dock Operator contract to
Angela Perea in the amount of $50,900 for services in 2021, with automatic renewals for
up to four additional one-year terms.
RECOMMENDATION:
Parks and Recreation Staff recommends approval of a resolution awarding the Lake Fayetteville
Boat Dock Operator contract to Angela Perea in the amount of $50,900 for services in 2021,
with automatic renewals for up to four additional one-year terms.
BACKGROUND:
The City contracts the operation of the Lake Fayetteville boat dock and marina. The contractor
is responsible for the day to day operation of the marina which includes opening and closing at
sunrise and sunset, renting boat stalls, and selling permits for fishing and boating. Additional
responsibilities include maintaining the grounds and selling concessions and related fishing
supplies. The existing contract with Al Perea was approved in 2015 and allowed five (5)
automatic renewals for one year each. The existing contract expires December 31, 2020.
On August 2, 2020, a Request for Proposal was issued for the Lake Fayetteville Boat Dock
Operator. One proposal was received and reviewed by the Selection Committee according to
the Professional Selection Policy. Angela Perea was unanimously selected by the committee.
DISCUSSION:
The current Lake Contractor is Al Perea, Angela's brother. Al and his family, including Angela,
have done an excellent job managing the Lake for the past 5 years. They have introduced and
provided new services for Park users that include boat and bike rentals and have also
maintained the grounds, helped with improvements, and provided excellent customer service.
Angela plans to maintain these same services along with the help of her family. Angela's
personality, experience, and familiarity with the operations of the Lake uniquely qualifies her for
this role.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
BUDGET/STAFF IMPACT:
Angela Perea's bid is for $50,900 with an annual increase of 3% pending City Council approval
of the annual 2021 budget.
Attachments:
Lake Fayetteville Boat Dock Operator Contract
RFP 20-11, Lake Fayetteville Boat Dock Operator
City of Fayetteville, AR
RFP 20-11, Lake Fayetteville Boat Dock Operator
Contract
Lake Fayetteville Boat Dock Operator Contract
CITY OF FAYETTEVILLE, ARKANSAS
This contract executed this day of , 2020, between the City of Fayetteville, Arkansas, and
LAKE FAYETTEVILLE BOAT & BIKE RENTAL, LLC. In consideration of the mutual covenants contained herein, the
parties agree as follows.
W ITN ESSETH :
WHEREAS, City has previously determined that it has a need for LAKE FAYETTEVILLE BOAT DOCK
OPERATIOR SERVICES; and
WHEREAS, City, after soliciting competitive proposals for such services pursuant to City of Fayetteville
RFP 20-11 (herein after referred to as Request for Proposal or RFP), City has awarded this contract to LAKE
FAYETTEVILLE BOAT & BIKE RENTAL, LLC; and
WHEREAS, LAKE FAYETTEVILLE BOAT & BIKE RENTAL, LLC has represented that it is able to satisfactorily
provide these services according to the terms and conditions of the RFP, which are incorporated herein by
reference, and the terms and conditions are contained herein; and
NOW THEREFORE, in consideration of the above and mutual covenants contained herein, the parties
agree as follows:
1. The City agrees to pay the Contractor in current funds for the performance of the listed services and
requirements by making payments to the contractor no later than the 15" of each month.
2. For the total amount of $50,900 to be paid in monthly installments, LAKE FAYETTEVILLE BOAT & BIKE
RENTAL, LLC (the "Contractor") agrees to provide the list of services and requirements to the City of
Fayetteville beginning January 1, 2021 and ending December 31, 2021. Either party may cancel this
contract by giving the other party sixty (60) calendar day's written notice of cancellation. The Contractor
further certifies possession of the initial capital monies to commence boat dock operations.
3. Contractor shall operate and manage the Lake Fayetteville Boat Dock. Contractor shall be an independent
contractor not an employee of the City. The Lake Fayetteville Boat Dock is closed each year on
Thanksgiving Day and from December 24, through January 14. The operator is responsible for supervising
the boat dock during this time.
City of Fayetteville, AR
RFP 20-11, Lake Fayetteville Boat Dock Operator
Page 1 of 4
4. Contractor shall open and close the lake gates seven days a week at Sunrise and Sunset. This includes the
gates leading to the boat dock and other areas around the lake as directed by the Parks and Recreation
Director. Contractor is required to respond to City Central Dispatch requests 24 hours a day to provide
assistance to citizen lock -ins at secured Lake Fayetteville gates and to respond to vandalism or mischief
occurring in the marina area.
5. Contractor shall collect boat stall rentals, fishing permits, and boating permits. These fees are submitted
to the Parks and Recreation Office on a weekly basis or as otherwise approved by the Parks and
Recreation Director during the slow season.
6. Contractor shall prepare reports and keep records as required by the Parks and Recreation Director.
7. Contractor shall enforce lake rules and regulations as adopted by the Fayetteville Code of Ordinance
Chapter 97, Section 97.070 and 97.999. Contractor is to act in the best interest of city property or public
safety in response to ordinance violations.
8. Contractor shall provide proof of liability insurance as directed and listed in the RFP. Premiums for these
policies shall be paid by LAKE FAYETTEVILLE BOAT & BIKE RENTAL, LLC. For any work subcontracted, the
contractor shall require the subcontractor similarly to provide worker's compensation insurance. In case
any employee engaged in work on the project under this contract is not protected under Worker's
Compensation Insurance, Contractor shall provide and shall cause each Subcontractor to provide
adequate employer's liability insurance for the protection of such of his employees as are not otherwise
protected. The premiums for all insurance and the bond required herein shall be paid by the Contractor.
9. Contractor shall provide a $5,000 bond for performance and payment of items in relation to this contract.
10. Contractor shall receive prior approval from the Parks and Recreation Director for any special event
conducted at Lake Fayetteville.
11. Contractor shall mow and manicure within the secured confines of the Lake Fayetteville Boat dock area.
Grounds must be maintained according to park standards. Contractor shall provide all equipment
necessary for the maintenance of these grounds.
12. Contractor shall pick up litter and clean the office, patio area and office restroom on a daily basis.
Contractor is to supply cleaning and restroom supplies for the office. The outdoor public restroom which
is a free standing building will be cleaned by park staff. Contractor shall keep the boat docks swept and
tidy, free of cob webs, wasp nests, and similar pests.
13. Contractor shall attend a citizen service workshop administered by the Parks and Recreation Department
and adhere to the public relation policies and procedures.
14. Contractor shall conduct the following at the Lake Fayetteville Boat Dock:
a. Sell concessions in compliance with all applicable State and Federal Laws, Municipal Ordinances,
Health Department Regulations and the rules and regulations of all authorities having jurisdiction
over the performance of this project.
City of Fayetteville, AR
RFP 20-11, Lake Fayetteville Boat Dock Operator
Page 2 of 4
b. Sell related fishing equipment and supplies.
c. Provide other services which the Parks and Recreation Director determines will enhance the
operation of Lake Fayetteville Park. Any additional service provided at the Lake shall be approved
by the Parks and Recreation Director in advance.
d. All appliances and amenities related to the sale of equipment and supplies shall be provided by the
contractor.
e. The scope of duties at the Lake may be altered due to natural disasters, pandemics, or other
unforeseen emergencies. Contractor will work with City officials to safely perform duties and
protect the public as conditions warrant.
15. It is agreed that the failure of the City of Fayetteville to invoke any of the available remedies under this
agreement or under lay in the event of one or more breaches or defaults by contractor under the
agreement shall not be construed as a waiver of such provisions and conditions and shall not prevent
the City of Fayetteville from invoking such remedies in the event of any future breach or default.
16. Each paragraph in this agreement is severable from all other paragraphs. In the event any court of
competent jurisdiction determines that any paragraph or subparagraph is invalid or unenforceable for
any reason, all remaining paragraphs and subparagraphs will remain in full force and effect.
17. Contractor shall not act as a broker or facilitate sales of boats.
18. Upon budget approval by the City Council, the term of the Contract shall be for one (1) year. However,
said Contract may automatically renew for four (4) consecutive one (1) year terms. For any future
renewal period, payments to the Contractor shall be increased by the amount of three percent (3%).
Renewals will be subject to budget approval from the annual budget from City Council.
19. Freedom of Information Act: City of Fayetteville contracts and documents prepared while performing
city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of
Information Act request is presented to the City of Fayetteville, the contractor will do everything
possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas
Freedom of Information Act (A.C.A. 25-19-101 et. Seq.). Only legally authorized photo coping costs
pursuant to the FOIA may be assessed for this compliance.
20. Changes in Scope or Price: Changes, modifications, or amendments in scope, price or fees to this
contract shall not be allowed without a prior formal contract amendment approved by the Mayor and
the City Council in advance of the change in scope, cost or fees.
City of Fayetteville, AR
RFP 20-11, Lake Fayetteville Boat Dock Operator
Page 3 of 4
WITNESS OUR HANDS THIS DAY OF , 2020.
LAKE FAYETTEVILLE BOAT & BIKE RENTAL, LLC
By: C s
ANGELA PER A, Marina Operator
Date Signed: 01 -2
ATTEST
Z�az
Lake Fayetteville Boat & Bike, ecretary
1330 F. Lake Fayetteville Rd.
Business Address
Fayetteville, AR 72164
City, State & Zip Code
City of Fayetteville, AR
RFP 20-11, Lake Fayettevilfe Boat Dock Operator
Page 4 of 4
CITY OF FAYETTEVILLE, ARKANSAS
LIONELD JORDAN, Mayor
ATTEST:
Kara Paxton, City Clerk -Treasurer
Date Signed:
CITY OF City of Fayetteville, Arkansas
Purchasing Division — Room 306
F"ETTEVILLE 113 W. Mountain
ARKANSAS Fayetteville, AR 72701
Phone: 479.575.8220
TDD (Telecommunication Device for the Deaf): 479.521.1316
Request for Proposal: RFP 20-11, Lake Fayetteville Boat Dock Operator
DEADLINE: Tuesday, August 25, 2020 before 2:00 PM, local time
RFP DELIVERY LOCATION: Room 306 —113 W. Mountain, Fayetteville, AR 72701
PURCHASING AGENT: Les McGaugh, lmcgaugh@fayetteville-ar.Rov
DATE OF ISSUE AND ADVERTISEMENT: 8.02.2020
REQUEST FOR PROPOSAL
RFP 20-11, Lake Fayetteville Boat Dock Operator
No late proposals shall be accepted. RFP's shall be submitted in sealed envelopes labeled with the project
number and name as well as the name and address of the firm.
All proposals shall be submitted in accordance with the attached City of Fayetteville specifications and bid
documents attached hereto. Each Proposer is required to fill in every blank and shall supply all information
requested; failure to do so may be used as basis of rejection. Any bid, proposal, or statements of qualification
will be rejected that violates or conflicts with state, local, or federal laws, ordinances, or policies.
The undersigned hereby offers to furnish & deliver the articles or services as specified, at the prices & terms stated
herein, and in strict accordance with the specifications and general conditions of submitting, all of which are made a part
of this offer. This offer is not subject to withdrawal unless upon mutual written agreement by the Proposer/Bidder and
City Purchasing Agent.
Name of Firm: Lake Fayetteville Boat & Bike
Contact Person: Angela Perea
Title: Marina Operator
E-Mail: dr.angela.perea a gmail.com Phone: (479) 770-3330
Business Address: 1 330 E. Lake Fayetteville Road
City: Fayetteville State:
Signature:
City of Fayetteville, AR
RFP 20-11, Lake Fayetteville Boat Dock Operator
Page 1 of 24
ME
Date:
Zip: 72764
14 AUG 20
City of Fayetteville
RFP 20-11, Lake Fayetteville Boat Dock Operator
SECTION A: General Terms & Conditions
1. SUBMISSION OF A PROPOSAL SHALL INCLUDE:
Each proposal shall contain the following at a minimum. Proposer must also address detailed requirements
as specified in the Scope of Work.
a. A written narrative describing the method or manner in which the Proposer proposes to satisfy
requirements of this RFP in the most cost-effective manner.
b. A description of the Proposer's experience in providing the same or similar services as outlined in
the RFP. This description should include the names of the person(s) who will provide the
services, their qualifications, and the years of experience in performing this type of work. Also,
include the reference information requested in this RFP.
c. The complete fee and cost to the City for all services outlined in this RFP.
d. Statement should be no more than twenty-five (25) pages; single sided, standard, readable, print
on standard 8.5x11 papers. Proposers are welcome to submit a three (3) page (maximum)
executive summary. The following items will not count toward the page limitations: appendix,
cover sheet, 3-page executive summary, resumes (resumes shall be no more than 1 page per
person), and forms provided by the City for completion.
e. All Proposers shall submit one (1) sets of their proposal as well as one (1) electronic copy on a
properly labeled CD or other electronic media device. The electronic copy submitted should be
contained into one (1) file. The use of Adobe PDF documents is strongly recommended. Files
contained on the CD or electronic media shall not be restricted against saving or printing. The
electronic copy shall be identical to the original papers submitted. Electronic copies shall not be
submitted via e-mail to City employees by the Proposer.
City of Fayetteville, AR
RFP 20-11, Lake Fayetteville Boat Dock Operator
Page 3 of 24
W
f. Electronic Submittal: Proposers can go to www.fayetteville-ar.Rov/bids and follow the prompts
to submit a proposal within the electronic bidding platform. If a proposal is submitted
electronically, a physical submission is not necessary.
g. Physical Submittal: Proposals shall be prepared simply and economically, providing a straight
forward, concise description of its ability to meet the requirements for the project. Fancy
bindings, colored displays, and promotional material are not required. Emphasis should be on
completeness and clarity of content. All documents physically submitted should be typewritten
on standard 8 %" x 11" white papers and bound in one volume. Exceptions would be schematics,
exhibits, one -page resumes, and City required forms. Limit proposal to twenty- five (25) pages or
less, excluding one -page team resumes, references, and forms required by the City for
completion. All proposals shall be sealed upon delivery to the City of Fayetteville.
All Proposers shall submit one (1) original copy of their proposal as well as one (1) electronic copy on
a properly labeled CD or other electronic media device. The electronic copy submitted shall be
contained into one
(1) electronic file and shall be identical to the hard copies provided. The use of
Adobe PDF documents is strongly recommended. Files contained on the CD or
electronic media shall not be restricted against saving or printing. Electronic
copies shall not be submitted via e-mail to City employees by the Proposer and
shall be provided to the City in a sealed manner. FedEx, UPS, USPS, or other
packages should be clearly marked with the RFP number on the outside of
the mailingpackage.
(2) Any proprietary information the proposer wishes to not be subject to the
Freedom of Information Act shall be redacted in a separate electronic file
labeled "REDACTED COPY". If no redacted copy is provided, all information
will be subject to FOIA and shall be considered public.
h. Proposals will be reviewed following the stated deadline, as shown on the cover sheet of this
document. Only the names of Proposer's will be available after the deadline until a contract has
been awarded by the Fayetteville City Council. All interested parties understand proposal
documents will not be available until after a valid contract has been executed.
Proposers shall submit a proposal based on documentation published by the Fayetteville
Purchasing Division.
j. Proposals shall be enclosed in sealed envelopes or packages addressed to the City of Fayetteville,
Purchasing Division, Room 306, 113 W. Mountain, Fayetteville, AR 72701. The name, address of
the firm and Bid, RFP, or RFQ number shall be on the outside of the packaging as well as on any
packages enclosed in shipping containers or boxes.
k. Proposals must follow the format of the RFP. Proposers should structure their responses to
follow the sequence of the RFP.
City of Fayetteville, AR
RFP 20-11, Lake Fayetteville Boat Dock Operator
Page 4 of 24
I. Proposers shall have experience in work of the same or similar nature, and must provide
references that will satisfy the City of Fayetteville. Proposer shall furnish a reference list of
clients for whom they have performed similar services and must provide information as
requested in this document.
m. Proposer is advised that exceptions to any of the terms contained in this RFP or the attached
service agreement must be identified in its response to the RFP. Failure to do so may lead the
City to declare any such term non-negotiable. Proposer's desire to take exception to a non-
negotiable term will not disqualify it from consideration for award.
n. Local time shall be defined as the time in Fayetteville, Arkansas on the due date of the deadline.
Documents shall be received before the deadline time as shown by the atomic clock located in
the Purchasing Division Office.
2. WRITTEN REQUESTS FOR INTERPRETATIONS OR CLARIFICATION:
No oral interpretations will be made to any firms as to the meaning of specifications or any other contract
documents. All questions pertaining to the terms and conditions or scope of work of this proposal must be
sent in writing via e-mail to the Purchasing Department. Responses to questions may be handled as an
addendum if the response would provide clarification to the requirements of the proposal. All such
addenda shall become part of the contract documents. The City will not be responsible for any other
explanation or interpretation of the proposed RFP made or given prior to the award of the contract.
3. DESCRIPTION OF SUPPLIES AND SERVICES:
Any manufacturer's names, trade name, brand name, catalog number, etc. used in specifications are for the
purpose of describing and establishing general quality levels. Such references are NOT intended to be
restrictive. Proposals shall be considered for all brands that meet the quality of the specifications listed for
any items.
4. RIGHTS OF CITY OF FAYETTEVILLE IN REQUEST FOR PROPOSAL PROCESS:
In addition to all other rights of the City of Fayetteville, under state law, the City specifically reserves the
following:
a. The City of Fayetteville reserves the right to rank firms and negotiate with the highest-ranking
firm. Negotiation with an individual Proposer does not require negotiation with others.
b. The City reserves the right to select the proposal it believes will serve the best interest of the
City.
c. The City of Fayetteville reserves the right to accept or reject any or all proposals.
d. The City of Fayetteville reserves the right to cancel the entire request for proposal.
City of Fayetteville, AR
RFP 20-11, Lake Fayetteville Boat Dock Operator
Page 5 of 24
e. The City of Fayetteville reserves the right to remedy or waive technical or immaterial errors in
the request for proposal or in proposals submitted.
f. The City of Fayetteville reserves the right to request any necessary clarifications, additional
information or proposal data without changing the terms of the proposal.
g. The City of Fayetteville reserves the right to make selection of the Proposer to perform the
services required on the basis of the original proposals without negotiation.
5. EVALUATION CRITERIA:
The evaluation criterion defines the factors that will be used by the selection committee to evaluate and
score responsive, responsible and qualified proposals. Proposers shall include sufficient information to
allow the selection committee to thoroughly evaluate and score proposals. Each proposal submitted shall
be evaluated and ranked by a selection committee. The contract will be awarded to the most qualified
Proposer, per the evaluation criteria listed in this RFP. Proposers are not guaranteed to be ranked.
6. COSTS INCURRED BY PROPOSERS:
All expenses involved with the preparation and submission of proposals to the City, or any work performed
in connection therewith, shall be borne solely by the Proposer(s). No payment will be made for any
responses received, or for any other effort required of, or made by, the Proposer(s) prior to contract
commencement.
7. ORAL PRESENTATION:
An oral presentation and/or interview may be requested of any firm, at the selection committee's
discretion. Depending on the current state of the COVID-19 pandemic, the interview may be virtual.
8. CONFLICT OF INTEREST:
a. The Proposer represents that it presently has no interest and shall acquire no interest, either
direct or indirect, which would conflict in any manner with the performance or services required
hereunder, as provided in City of Fayetteville Code Section 34.26 titled "Limited Authority of City
Employee to Provide Services to the City".
b. The Proposer shall promptly notify Les McGaugh, City Purchasing Agent, in writing, of all
potential conflicts of interest for any prospective business association, interest, or other
circumstance which may influence or appear to influence the Proposer's judgment or quality of
services being provided. Such written notification shall identify the prospective business
association, interest or circumstance, the nature of which the Proposer may undertake and
request an opinion to the City as to whether the association, interest or circumstance would, in
the opinion of the City, constitute a conflict of interest if entered into by the Proposer. The City
agrees to communicate with the Proposer its opinion via e-mail or first-class mail within thirty
days of receipt of notification.
City of Fayetteville, AR
RFP 20-11, Lake Fayetteville Boat Dock Operator
Page 6 of 24
9. WITHDRAWAL OF PROPOSAL:
A proposal may be withdrawn prior to the time set for the proposal submittal based on a written request
from an authorized representative of the firm; however, a proposal shall not be withdrawn after the time
set for the proposal.
10. LATE PROPOSAL OR MODIFICATIONS:
a. Proposal and modifications received after the time set for the proposal submittal shall not be
considered. Modifications in writing received prior to the deadline will be accepted. The City
will not be responsible for misdirected bids. Proposers should call the Purchasing Division at
(479) 575-8220 to ensure receipt of their submittal documents prior to opening time and date
listed.
b. The time set for the deadline shall be local time for Fayetteville, AR on the date listed. All
proposals shall be received in the Purchasing Division BEFORE the deadline stated. The official
clock to determine local time shall be the atomic clock located in the Purchasing Division, Room
306 of City Hall, 113 W. Mountain, Fayetteville, AR.
11. LOCAL, STATE, AND FEDERAL COMPLIANCE REQUIREMENTS:
a. The laws of the State of Arkansas apply to any purchase made under this request for proposal.
Proposers shall comply with all local, state, and federal directives, orders and laws as applicable
to this proposal and subsequent contract(s) including but not limited to Equal Employment
Opportunity (EEO), Disadvantaged Business Enterprises (DBE), & OSHA as applicable to this
contract.
b. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified
small, minority and women business enterprises to bid on and receive contracts for goods,
services, and construction. Also, City of Fayetteville encourages all general contractors to
subcontract portions of their contract to qualified small, minority and women business
enterprises.
12. PROVISION FOR OTHER AGENCIES:
Unless otherwise stipulated by the Proposer, the Proposer agrees to make available to all Government
agencies, departments, municipalities, and counties, the proposal prices submitted in accordance with said
proposal terms and conditions therein, should any said governmental entity desire to buy under this
proposal. Eligible users shall mean all state of Arkansas agencies, the legislative and judicial branches,
political subdivisions (counties, local district school boards, community colleges, municipalities, counties, or
other public agencies or authorities), which may desire to purchase under the terms and conditions of the
contract.
13. COLLUSION:
City of Fayetteville, AR
RFP 20-11, Lake Fayetteville Boat Dock Operator
Page 7 of 24
The Proposer, by affixing his or her signature to this proposal, agrees to the following: "Proposer certifies
that his proposal is made without previous understanding, agreement, or connection with any person, firm
or corporation making a proposal for the same item(s) and/or services and is in all respects fair, without
outside control, collusion, fraud, or otherwise illegal action."
14. RIGHT TO AUDIT. FOIA. AND JURISDICITON:
a. The City of Fayetteville reserves the privilege of auditing a vendor's records as such records
relate to purchases between the City and said vendor.
b. Freedom of Information Act: City contracts and documents prepared while performing City
contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of
Information Act request is presented to the City of Fayetteville, the (contractor) will do
everything possible to provide the documents in a prompt and timely manner as prescribed in
the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized
photocopying costs pursuant to the FOIA may be assessed for this compliance.
c. Legal jurisdiction to resolve any disputes shall be Arkansas with Arkansas law applying to the
case.
15. CITY INDEMNIFICATION:
The successful Proposer(s) agrees to indemnify the City and hold it harmless from and against all claims,
liability, loss, damage or expense, including but not limited to counsel fees, arising from or by reason of any
actual or claimed trademark, patent or copyright infringement or litigation based thereon, with respect to
the services or any part thereof covered by this order, and such obligation shall survive acceptance of the
services and payment thereof by the City.
16. VARIANCE FROM STANDARD TERMS & CONDITIONS:
All standard terms and conditions stated in this request for proposal apply to this contract except as
specifically stated in the subsequent sections of this document, which take precedence, and should be fully
understood by Proposers prior to submitting a proposal on this requirement.
17. ADA REQUIREMENT FOR PUBLIC NOTICES & TRANSLATION:
Persons with disabilities requiring reasonable accommodation to participate in this proceeding/event,
should call 479.521.1316 (telecommunications device for the deaf), not later than seven days prior to the
deadline. Persons needing translation of this document shall contact the City of Fayetteville, Purchasing
Division, immediately.
18. CERTIFICATE OF INSURANCE:
The successful Proposer shall provide a Certificate of Insurance in accordance with specifications listed in
this request for proposal, prior to commencement of any work. Such certificate shall list the City of
Fayetteville as an additional insured. Insurance shall remain valid throughout project completion.
City of Fayetteville, AR
RFP 20-11, Lake Fayetteville Boat Dock Operator
Page 8 of 24
19. PAYMENTS AND INVOICING:
The Proposer must specify in their proposal the exact company name and address which must be the same
as invoices submitted for payment as a result of award of this RFP. Further, the successful Proposer is
responsible for immediately notifying the Purchasing Division of any company name change, which would
cause invoicing to change from the name used at the time of the original RFP. Payment will be made within
thirty days of invoice received. The City of Fayetteville is very credit worthy and will not pay any interest or
penalty for untimely payments. Payments can be processed through Proposer's acceptance of Visa at no
additional costs to the City for expedited payment processing. The City will not agree to allow any increase
in hourly rates by the contract without PRIOR Fayetteville City Council approval.
20 CANCELLATION:
a. The City reserves the right to cancel this contract without cause by giving thirty (30) days prior
notice to the Contractor in writing of the intention to cancel or with cause if at any time the
Contractor fails to fulfill or abide by any of the terms or conditions specified.
b. Fai.lure of the contractor to comply with any of the provisions of the contract shall be considered
a material breach of contract and shall be cause for immediate termination of the contract at the
discretion of the City of Fayetteville.
c. In addition to all other legal remedies available to the City of Fayetteville, the City reserves the
right to cancel and obtain from another source, any items and/or services which have not been
delivered within the period of time from the date of order as determined by the City of
Fayetteville.
d. In the event sufficient budgeted funds are not available for a new fiscal period, the City shall
notify the vendor of such occurrence and contract shall terminate of the last day of the current
fiscal period without penalty or expense to the City.
21. ASSIGNMENT, SUBCONTRACTING, CORPORATE ACQUISITIONS AND/OR MERGERS:
a. The Contractor shall perform this contract. No assignment of subcontracting shall be allowed
without prior written consent of the City. If a Proposer intends to subcontract a portion of this
work, the Proposer shall disclose such intent in the proposal submitted as a result of this RFP.
b. In the event of a corporate acquisition and/or merger, the Contractor shall provide written
notice to the City within thirty (30) calendar days of Contractor's notice of such action or upon
the occurrence of said action, whichever occurs first. The right to terminate this contract, which
shall not be unreasonably exercised by the City, shall include, but not be limited to, instances in
which a corporate acquisition and/or merger represent a conflict of interest or are contrary to
any local, state, or federal laws. Action by the City awarding a proposal to a firm that has
disclosed its intent to assign or subcontract in its response to the RFP, without exception shall
constitute approval for purpose of this Agreement.
22. NON-EXCLUSIVE CONTRACT:
City of Fayetteville, AR
RFP 20-11, Lake Fayetteville Boat Dock Operator
Page 9 of 24
Award of this RFP shall impose no obligation on the City to utilize the vendor for all work of this type, which
may develop during the contract period. This is not an exclusive contract. The City specifically reserves the
right to concurrently contract with other companies for similar work if it deems such an action to be in the
City's best interest. In the case of multiple -phase contracts, this provision shall apply separately to each
item.
23. LOBBYING:
Lobbying of selection committee members, City of Fayetteville employees, or elected officials regarding
request for proposals, request for qualifications, bids or contracts, during the pendency of bid protest, by
the bidder/proposer/protestor or any member of the bidder's/proposer's/protestor's staff, and agent of the
bidder/proposer/protestor, or any person employed by any legal entity affiliated with or representing an
organization that is responding to the request for proposal, request for qualification, bid or contract, or has
a pending bid protest is strictly prohibited either upon advertisement or on a date established by the City of
Fayetteville and shall be prohibited until either an award is final or the protest is finally resolved by the City
of Fayetteville; provided, however, nothing herein shall prohibit a prospective/bidder/proposer from
contacting the Purchasing Division to address situations such as clarification and/or questions related to the
procurement process. For purposes of this provision lobbying activities shall include but not be limited to,
influencing or attempting to influence action or non -action in connection with any request for proposal,
request for qualification, bid or contract through direct or indirect oral or written communication or an
attempt to obtain goodwill of persons and/or entities specified in this provision. Such actions may cause
any request for proposal, request for qualification, bid or contract to be rejected.
24. ADDITIONAL REQUIREMENTS:
The City reserves the right to request additional services relating to this RFP from the Proposer. When
approved by the City as an amendment to the contract and authorized in writing prior to work, the
Contractor shall provide such additional requirements as may become necessary.
25. SERVICES AGREEMENT:
A written agreement, in substantially the form attached, incorporating the RFP and the successful proposal
will be prepared by the City, signed by the successful Proposer and presented to the City of Fayetteville for
approval and signature of the Mayor.
26. INTEGRITY OF REQUEST FOR PROPOSAL (RFP) DOCUMENTS:
Proposers shall use the original RFP form(s) provided by the Purchasing Division and enter information only
in the spaces where a response is requested. Proposers may use an attachment as an addendum to the RFP
form(s) if sufficient space is not available on the original form for the Proposer to enter a complete
response. Any modifications or alterations to the original RFP documents by the Proposer, whether
intentional or otherwise, will constitute grounds for rejection of such RFP response. Any such modifications
or alterations a Proposer wishes to propose shall be clearly stated in the Proposer's RFP response and
presented in the form of an addendum to the original RFP documents.
City of Fayetteville, AR
RFP 20-11, Lake Fayetteville Boat Dock Operator
Page 10 of 24
27. OTHER GENERAL CONDITIONS:
a. Proposers must provide the City with their proposals signed by an employee having legal
authority to submit proposals on behalf of the Proposer. The entire cost of preparing and
providing responses shall be borne by the Proposer.
b. The City reserves the right to request any additional information it deems necessary from any or
all Proposers after the submission deadline.
c. This solicitation is not to be construed as an offer, a contract, or a commitment of any kind; nor
does it commit the city to pay for any costs incurred by Proposer in preparation. It shall be
clearly understood that any costs incurred by the Proposer in responding to this request for
proposal is at the Proposer's own risk and expense as a cost of doing business. The City of
Fayetteville shall not be liable for reimbursement to the Proposer for any expense so incurred,
regardless of whether or not the proposal is accepted.
d. If products, components, or services other than those described in this bid document are
proposed, the Proposer must include complete descriptive literature for each. All requests for
additional information must be received within five working days following the request.
e. Any uncertainties shall be brought to the attention to Les McGaugh immediately via telephone
(479.575.8220) or e-mail (Imcgaugh@fayetteville-ar.gov). It is the intent and goal of the City of
Fayetteville Purchasing Division to provide documents providing a clear and accurate
understanding of the scope of work to be completed and/or goods to be provided. We
encourage all interested parties to ask questions to enable all Proposers to be on equal terms.
f. Any inquiries or requests for explanation in regard to the City's requirements should be made
promptly to Les McGaugh, City of Fayetteville, Purchasing Agent via e-mail
(ImcgauRh@fayetteville-ar.gov) or telephone (479.575.8220). No oral interpretation or
clarifications will be given as to the meaning of any part of this request for proposal. All
questions, clarifications, and requests, together with answers, if any, will be provided to all firms
via written addendum. Names of firms submitting any questions, clarifications, or requests will
not be disclosed until after a contract is in place.
g. At the discretion of the City, one or more firms may be asked for more detailed information
before final ranking of the firms, which may also include oral interviews.
h. Any information provided herein is intended to assist the Proposer in the preparation of
proposals necessary to properly respond to this RFP. The RFP is designed to provide qualified
Proposers with sufficient basic information to submit proposals meeting minimum specifications
and/or test requirements, but is not intended to limit a RFP's content or to exclude any relevant
or essential data.
i. Proposers irrevocably consent that any legal action or proceeding against it under, arising out of or
in any manner relating to this Contract shall be controlled by Arkansas law. Proposer hereby
City of Fayetteville, AR
RFP 20-11, Lake Fayetteville Boat Dock Operator
Page 11 of 24
expressly and irrevocably waives any claim or defense in any said action or proceeding based on
any alleged lack of jurisdiction or improper venue or any similar basis.
j. The successful Proposer shall not assign the whole or any part of this Contract or any monies due
or to become due hereunder without written consent of City of Fayetteville. In case the successful
Proposer assigns all or any part of any monies due or to become due under this Contract, the
Instrument of assignment shall contain a clause substantially to the effect that is agreed that the
right of the assignee in and to any monies due or to become due to the successful Proposer shall
be subject to prior liens of all persons, firms, and corporations for services rendered or materials
supplied for the performance of the services called for in this contract.
k. The successful Proposer's attention is directed to the fact that all applicable Federal and State laws,
municipal ordinances, and the rules and regulations of all authorities having jurisdiction over the
services shall apply to the contract throughout, and they will be deemed to be included in the
contract as though written out in full herein. The successful Proposer shall keep himself/herself
fully informed of all laws, ordinances and regulations of the Federal, State, and municipal
governments or authorities in any manner affecting those engaged or employed in providing these
services or in any way affecting the conduct of the services and of all orders and decrees of bodies
or tribunals having any jurisdiction or authority over same. if any discrepancy or inconsistency
should be discovered in these Contract Documents or in the specifications herein referred to, in
relation to any such law, ordinance, regulation, order or decree, s/he shall herewith report the
same in writing to the City of Fayetteville.
28. PERIOD OF CONTRACT: Services performed pursuant to this Contract shall commence on January 1, 2021
and continue through December 31, 2021, unless canceled or terminated within thirty (30) days
written notice by either party. This contract may be automatically renewed for four (4) additional
one (1) year terms after the initial contract period, for a total possible contract term of FIVE (S)
years. In the event of termination, claims for compensation owed the City shall be limited to
verifiable services rendered.
City of Fayetteville, AR
RFP 20-11, Lake Fayetteville Boat Dock Operator
Page 12 of 24
City of Fayetteville
RFP 20-11, Lake Fayetteville Boat Dock Operator
SECTION B: Scope of Services and General Information
1. PURPOSE & OVERVIEW: The City of Fayetteville, Arkansas, hereinafter referred to as "the City", seeks
proposals from organizations or individuals to provide boat dock operator services to the City of
Fayetteville, Arkansas at Lake Fayetteville.
2. INTENT: The City intends to select an individual or organization to provide Lake Fayetteville Boat Dock
Operator services for a one (1) year term, with four (4) one-year renewal options resulting in a potential
five (5) year contract.
3. SCOPE OF WORK: While the exact range and extent of services is subject to negotiation, it is
anticipated that the selected firm shall provide, as a minimum, professional services and adequately
experienced dedicated personnel necessary to perform the following:
a. Operate and manage the Lake Fayetteville Boat Dock and be an independent contractor (not an
employee) of the City. The Lake Fayetteville Boat Dock is closed each year on Thanksgiving Day and
from December 24, through January 14. The operator is responsible for supervising the boat dock
during this time.
b. Open and close the lake gates seven (7) days a week at Sunrise and Sunset: This includes the gates
leading to the boat dock and other areas around the lake as directed by the Parks and Recreation
Director. Contractor is required to respond to City Central Dispatch requests 24 hours a day to
provide assistance to citizen lock -ins at secured Lake Fayetteville gates and to respond to vandalism
or mischief occurring in the marina area.
c. Contractor shall collect boat stall rentals, fishing permits, and boating permits. These fees are
submitted to the Parks and Recreation Office on a weekly basis or as otherwise approved by the Parks
and Recreation Director during the slow season.
d. Contractor shall prepare reports and keep records as required by the Parks and Recreation Director.
e. Contractor shall enforce lake rules and regulations as adopted by the Fayetteville Code of Ordinance
Chapter 97, Section 97.070 and 97.999. Contractor is to act in the best interest of city property or
public safety in response to ordinance violations. (See Attachment A: Chapter 97, Section 97.070 and
97.999).
f. Contractor shall provide a $5,000 bond for performance and payment of items in relation to this
contract. This is required after contract award only. This is not a requirement to submit a proposal.
Bond shall be provided to the City of Fayetteville within ten (10) business days of contract award.
g. Contractor shall receive prior approval from the Parks and Recreation Director for any special event
conducted at Lake Fayetteville.
City of Fayetteville, AR
RFP 20-11, Lake Fayetteville Boat Dock Operator
Page 13 of 24
h. Contractor shall mow and manicure within the secured confines of the Lake Fayetteville Boat Dock
area. Grounds must be maintained according to park standards. Contractor shall provide all
equipment necessary for the maintenance of these grounds. To visit the grounds, please contact
Byron Humphry at 479-575-8368 between the hours of 8am and 4pm. ALL INTERESTED PARTIES ARE
STRONGLY ENCOURAGED TO VISIT THE SITE.
Contractor shall pick up litter and clean the office, patio area and office restroom on a daily basis.
Contractor is to supply cleaning and restroom supplies for the office. The outdoor public restroom is
a free standing building that will be cleaned by park staff. Contractor shall keep the boat docks swept
and tidy, free of cob webs, wasp nests, and similar pests.
j. Contractor shall attend a citizen service workshop administered by the Parks and Recreation
Department and adhere to the public relation policies and procedures.
k. Contractor shall conduct the following at the Lake Fayetteville Boat Dock:
i. Sell concessions in compliance with all applicable State and Federal Laws, Municipal
Ordinances, Health Department Regulations and the rules and regulations of all
authorities having jurisdiction over the performance of this project.
ii. Sell related fishing equipment and supplies.
iii. Provide other services which the Parks and Recreation Director determine will enhance
the operation of Lake Fayetteville. Any additional service provided at the Lake shall be
approved by the Parks and Recreation Director in advance.
iv. All appliances and amenities related to the sale of equipment and supplies must be
provided by the contractor.
v. The scope of duties at the Lake may be altered due to natural disasters, pandemics, or
other unforeseen emergencies. Contractor will work with City officials to safely perform
duties and protect the public as conditions warrant.
I. It is agreed that the failure of the City of Fayetteville to invoke any of the available remedies under
this agreement or under lay in the event of one or more breaches or defaults by contractor under the
agreement shall not be construed as a waiver of such provisions and conditions and shall not prevent
the City of Fayetteville from invoking such remedies in the event of any future breach or default.
m. Each paragraph in this agreement is severable from all other paragraphs. In the event any court of
competent jurisdiction determines that any paragraph or subparagraph is invalid or unenforceable
for any reason, all remaining paragraphs and subparagraphs will remain in full force and effect.
n. Contractor shall not act as a broker or facilitate sales of boats.
o. Upon budget approval by the City Council, the term of the Contract shall be for one (1) year.
However, said Contract may automatically renew for four (4) consecutive one (1) year terms. Such
automatic renewal and any associated increase shall be subject to budget and contract approval by
the City Council.
p. Either party may terminate this contract at any time by giving the other party sixty (60) days written
notice of termination.
4. PROPOSAL CONTENTS: Proposals should be structured in the following manner.
City of Fayetteville, AR
RFP 20-11, Lake Fayetteville Boat Dock Operator
Page 14 of 24
a. Structure: Proposals shall be prepared simply and economically, providing a straight forward, concise
description on the Proposer's ability to meet the requirements for the project. Fancy bindings,
colored displays, and promotional material are not required. Emphasis should be on completeness
and clarity of content. All documents should be typewritten on standard 8 %2" x 11" white papers and
bound in one volume. Exceptions would be schematics, exhibits, or other information necessary to
facilitate the City of Fayetteville's ability to accurately evaluate the proposal. Proposers shall limit
proposal to twenty-five (25) pages or less, excluding one -page team resumes, references, forms
required by the City for completion, and tab/divider sheets.
b. References: A reference list for similar work performed by the individual or organization within the
past five (5) years.
c. Experience: Provide a general description of the organization, its history, primary types of work,
organizational structure, etc. Proposers shall incorporate experience as it relates to the scope of
work and minimum qualifications.
d. Fees: State the annual fee to provide the scope of work outlined in this RFP. Pricing shall be provided
in an annual format.
i. Contractor will be paid monthly, after services are rendered.
e. Individuals or companies may submit for this project. However, individuals submitting for this project
shall be aware all IRS guidelines for an independent contractor. Individuals submitting for this project
will not be employees of the City of Fayetteville.
5. CONTRACT FORMATION: If the negotiation produces mutual agreement, the draft contract as a part of
this package shall be constructed and forwarded to the Fayetteville City Council for final approval. If
negotiations with the highest ranking Proposer fail, negotiations shall be initiated with the next highest
ranking Proposer until an agreement is reached. The City reserves the right to reject all offers and end
the process without executing a contract.
6. INSURANCE: Proposer shall provide and maintain insurance throughout the contract which is commonly
accepted in the industry. Insurance is not required with RFP response but will be required after contract
award. Insurance provided shall include but not be limited to the following and shall list the City of
Fayetteville, Arkansas as an additional insured: General Automotive, Commercial General Liability and
Worker's Compensation as required by state law.
i. Workers' Compensation: Statutory Amount
ii. General Liability Coverage: $500,000 minimum
iii. General Automobile Coverage
For any work subcontracted, the contractor shall require the subcontractor similarly to provide worker's
compensation insurance. In case any employee engaged in work on the project under this contract is
not protected under Worker's Compensation Insurance, Contractor shall provide and shall cause each
Subcontractor to provide adequate employer's liability insurance for the protection of such of his
City of Fayetteville, AR
RFP 20-11, Lake Fayetteville Boat Dock Operator
Page 15 of 24
employees as are not otherwise protected. The premiums for all insurance and the bond required
herein shall be paid by the Contractor.
7. SELECTION CRITERIA: The following criteria will be used by the City to evaluate and score responsive
proposals. Proposers shall include sufficient information to allow the City to thoroughly evaluate and
score each proposal. Each proposal submitted is not required to be ranked by the selection committee;
however, all proposals will be evaluated. The contract may be awarded to the most qualified firm, per
the evaluation criteria listed below, based on the evaluation of the selection committee.
Following the evaluation of the proposals, the Selection Committee may request the top ranking firms
make an oral presentation or be interviewed. Any presentations/interview will take place in Fayetteville,
Arkansas. Meeting notices and information will be sent by the Purchasing Division.
1) 20% Qualifications in Relation to Specific Project to be Performed: Information reflecting
qualifications of the firm. Indicated specialized experience and technical competence of
the firm in connection with the type and complexity of the service required.
Subcontractors, if used, shall be listed.
2) 20% Experience, Competence, and Capacity for Performance: Information reflecting the
names, titles, and qualifications (including experience and technical competence) of the
major personnel assigned to this specific project.
3) 30% Proposed Method of Doing Work: A proposed work plan (description of how the project
would be conducted as well as other facts concerning approach to scope) indicating
methods and schedules for accomplishing scope of work. Include with this the amount of
work presently underway.
4) 15% Past Performance: Previous evaluations shall be considered a significant factor. If
previous evaluations with the City are not available, the professional firm's past
performance records with the City and others will be used, including quality of work,
timely performance, diligence, and any other pertinent information. Proposers shall
provide a list of similar jobs performed and person whom the City can contact for
information.
5) 15% Price: Proposers shall list all fees and expenses to be paid by the City and shall be
structured in an annual not to exceed format.
8. ADDITIONAL DOCUMENTS AND INFORMATON: The following documents are included with this
solicitation as additional information. N/A
City of Fayetteville, AR
RFP 20-11, Lake Fayetteville Boat Dock Operator
Page 16 of 24
City of Fayetteville
RFP 20-11, Lake Fayetteville Boat Dock Operator
SECTION C: Signature Submittal
1. DISCLOSURE INFORMATION
Proposer must disclose any possible conflict of interest with the City of Fayetteville, including, but not limited
to, any relationship with any City of Fayetteville employee. Proposer response must disclose if a known
relationship exists between any principal or employee of your firm and any City of Fayetteville employee or
elected City of Fayetteville official.
If, to your knowledge, no relationship exists, this should also be stated in your response. Failure to disclose
such a relationship may result in cancellation of a purchase and/or contract as a result of your response. This
form must be completed and returned in order for your bid/proposal to be eligible for consideration.
PLEASE CHECK ONE OF THE FOLLOWING TWO OPTIONS, AS IT APPROPRIATELY APPLIES TO YOUR FIRM:
X 1) NO KNOWN RELATIONSHIP EXISTS
2) RELATIONSHIP EXISTS (Please explain):
I certify that; as an officer of this organization, or per the attached letter of authorization, am duly authorized to
certify the information provided herein are accurate and true; and my organization shall comply with all State
and Federal Equal Opportunity and Non -Discrimination requirements and conditions of employment.
Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently
boycott Israel and will not boycott Israel during any time in which they are entering into, or while in contract,
with any public entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott
Israel, the contractor must notify the contracted public entity in writing.
2. PRIMARY CONTACT INFORMATION
At the discretion of the City, one or more firms may be asked for more detailed information before final ranking
of the firms, which may also include oral interviews. NOTE: Each Proposer shall submit to the City a primary
contact name, e-mail address, and phone number (preferably a cell phone number) where the City selection
committee can call for clarification or interview via telephone.
Corporate Name of Firm: Lake Fayetteville Boat & Bike
Primary contact: Angela Perea
Title of Primary Contact: Marina Operator
Phone#1(cell preferred): (479) 770-3330
Phone#2: (479) 444-3476
E-Mail Address: dr.angela.perea@gmail.com
City of Fayetteville, AR
RFP 20-11, Lake Fayetteville Boat Dock Operator
Page 17 of 24
3. ACKNOWLEDGEMENT OF ADDENDA
Acknowledge receipt of addenda for this invitation to bid, request for proposal, or request for qualification by
signing and dating below. All addendums are hereby made a part of the bid or RFP documents to the same
extent as though it were originally included therein. Proposers/Bidders should indicate their receipt of same in
L!M dPPIUPI IdIC UIdIIK IIJLuu IICrC111. rdImiC Lu uU JU mdy -au UJCGI vCiluu1 LU u1J)gUd1111CdUU11.
ADDENDUM NO. SIGNATURE AND PRINTED NAME DATE ACKNOWLEDGED
4. PRICING:
All fees or charges shall be provided in a separate attachment, be fully itemized, and inclusive of any charges or
fees the City could be charged. Pricing shall be presented in an amount per year format as indicated below:
Contract
Term
Contract Dates
Not to Exceed Annual Fee
1 of 5
January 01, 2021 through December 31, 2021
$ 50 3 900.00
2 of 5
January 01, 2022 through December 31, 2022
$ 521427. 00
3 of 5
January 01, 2023 through December 31, 2023
$ 54, 000.00
4 of 5
January 01, 2024 through December 31, 2024
$ 55, 620.00
5 of 5
January 01, 2025 through December 31, 2025
$ 57, 289.00
Total Possible Contract Amount (Sum of years 1-5)
$ 270,236.00
5. DEBARMENT CERTIFICATION:
As an interested party on this project, you are required to provide debarment/suspension certification
indicating in compliance with the below Federal Executive Order. Certification can be done by completing and
signing this form.
City of Fayetteville, AR
RFP 20-11, Lake Fayetteville Boat Dock Operator
Page 18 of 24
Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving
individual awards, using federal funds, and all sub -recipients certify that the organization and its principals are
not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal
department or agency from doing business with the Federal Government.
Signature certifies that neither you nor your principal is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal
department or agency.
Questions regarding this form should be directed to the City of Fayetteville Purchasing Division.
NAME OF COMPANY: Lake Fayetteville Boat & Bike
PHYSICAL ADDRESS: 1330 E. Lake Fayetteville Road, Fayetteville, AR, 72764
MAILING ADDRESS: 2593 W. Jane Circle Drive, Fayetteville, AR, 72704
PRINTED NAME: Angela Perea
PHONE: (479) 444-3476 FAX:
E-MAIL: dr.angela.perea@gmail.com
SIGNATURE:
TITLE: Marina Operator
City of Fayetteville, AR
RFP 20-11, Lake Fayetteville Boat Dock Operator
Page 19 of 24
DATE: 14 AUG 26
City of Fayetteville
RFP 20-11, Lake Fayetteville Boat Dock Operator
SECTION D: Questions for Proposers
Lake Fayetteville Boat Dock Contract Questions — Each Proposer shall submit answers to the following
questions:
1. Why do you want to manage the boat docks at Lake Fayetteville?
2. Describe your background and experiences that would lead us to believe you would be successful at
managing the boat dock.
3. Explain your plans and methods for managing the boat docks.
4. Providing the highest level of services to our citizens is very important. How would you respond to
customer concerns regarding operations of the lake?
5. You are required to keep financial records and reports. What experiences have you had in keeping
accurate records and reports?
6. This contract requires liability insurance coverage and a $5,000 bond for performance. Could you have
these in order within ten (10) business days from notice of award?
7. What other services, if any, would you be interested in providing to park patrons at Lake Fayetteville?
8. Are there any questions you have on the list of contracted services and requirements?
City of Fayetteville, AR
RFP 20-11, Lake Fayetteville Boat Dock Operator
Page 20 of 24
City of Fayetteville, AR
RFP 20-11, Lake Fayetteville Boat Dock Operator
Draft Contract
Lake Fayetteville Boat Dock Operator Contract
CITY OF FAYETTEVILLE, ARKANSAS
This contract executed this day of , 2020, between the City of Fayetteville, Arkansas, and
VENDOR. In consideration of the mutual covenants contained herein, the parties agree as follows.
WITNESSETH:
WHEREAS, City has previously determined that it has a need for LAKE FAYETTEVILLE BOAT DOCK
OPERATIOR SERVICES; and
WHEREAS, City, after soliciting competitive proposals for such services pursuant to City of Fayetteville
RFP 20-11 (herein after referred to as Request for Proposal or RFP), City has awarded this contract to VENDOR. -
and
WHEREAS, VENDOR has represented that it is able to satisfactorily provide these services according to
the terms and conditions of the RFP, which are incorporated herein by reference, and the terms and conditions
are contained herein; and
NOW THEREFORE, in consideration of the above and mutual covenants contained herein, the parties
agree as follows:
1. The City agrees to pay the Contractor in current funds for the performance of the listed services and
requirements by making payments to the contractor no later than the 15th of each month.
2. For the total amount of $ to be paid in monthly installments, VENDOR (the "Contractor')
agrees to provide the list of services and requirements to the City of Fayetteville beginning January 1,
2021 and ending December 31, 2021. Either party may cancel this contract by giving the other party sixty
(60) calendar day's written notice of cancellation. The Contractor further certifies possession of the initial
capital monies to commence boat dock operations.
3. Contractor shall operate and manage the Lake Fayetteville Boat Dock. Contractor shall be an independent
contractor not an employee of the City. The Lake Fayetteville Boat Dock is closed each year on
Thanksgiving Day and from December 24, through January 14. The operator is responsible for supervising
the boat dock during this time.
4. Contractor shall open and close the lake gates seven days a week at Sunrise and Sunset. This includes the
gates leading to the boat dock and other areas around the lake as directed by the Parks and Recreation
City of Fayetteville, AR
RFP 20-11, Lake Fayetteville Boat Dock Operator
Page 21 of 24
Director. Contractor is required to respond to City Central Dispatch requests 24 hours a day to provide
assistance to citizen lock -ins at secured Lake Fayetteville gates and -to respond to vandalism or mischief
occurring in the marina area.
5. Contractor shall collect boat stall rentals, fishing permits, and boating permits. These fees are submitted
to the Parks and Recreation Office on a weekly basis or as otherwise approved by the Parks and
Recreation Director during the slow season.
6. Contractor shall prepare reports and keep records as required by the Parks and Recreation Director.
7. Contractor shall enforce lake rules and regulations as adopted by the Fayetteville Code of Ordinance
Chapter 97, Section 97.070 and 97.999. Contractor is to act in the best interest of city property or public
safety in response to ordinance violations.
8. Contractor shall provide proof of liability insurance as directed and listed in the RFP. Premiums for these
policies shall be paid by VENDOR. For any work subcontracted, the contractor shall require the
subcontractor similarly to provide worker's compensation insurance. In case any employee engaged in
work on the project under this contract is not protected under Worker's Compensation Insurance,
Contractor shall provide and shall cause each Subcontractor to provide adequate employer's liability
insurance for the protection of such of his employees as are not otherwise protected. The premiums for
all insurance and the bond required herein shall be paid by the Contractor.
9. Contractor shall provide a $5,000 bond for performance and payment of items in relation to this contract.
10. Contractor shall receive prior approval from the Parks and Recreation Director for any special event
conducted at Lake Fayetteville.
11. Contractor shall mow and manicure within the secured confines of the Lake Fayetteville Boat dock area.
Grounds must be maintained according to park standards. Contractor shall provide all equipment
necessary for the maintenance of these grounds.
12. Contractor shall pick up litter and clean the office, patio area and office restroom on a daily basis.
Contractor is to supply cleaning and restroom supplies for the office. The outdoor public restroom which
is a free standing building will be cleaned by park staff. Contractor shall keep the boat docks swept and
tidy, free of cob webs, wasp nests, and similar pests.
13. Contractor shall attend a citizen service workshop administered by the Parks and Recreation Department
and adhere to the public relation policies and procedures.
14. Contractor shall conduct the following at the Lake Fayetteville Boat Dock:
a. Sell concessions in compliance with all applicable State and Federal Laws, Municipal Ordinances,
Health Department Regulations and the rules and regulations of all authorities having jurisdiction
over the performance of this project.
b. Sell related fishing equipment and supplies.
City of Fayetteville, AR
RFP 20-11, Lake Fayetteville Boat Dock Operator
Page 22 of 24
c. Provide other services which the Parks and Recreation Director determines will enhance the
operation of Lake Fayetteville Park. Any additional service provided at the Lake shall be approved
by the Parks and Recreation Director in advance.
d. All appliances and amenities related to the sale of equipment and supplies shall be provided by the
contractor.
e. The scope of duties at the Lake may be altered due to natural disasters, pandemics, or other
unforeseen emergencies. Contractor will work with City officials to safely perform duties and
protect the public as conditions warrant.
15. It is agreed that the failure of the City of Fayetteville to invoke any of the available remedies under this
agreement or under lay in the event of one or more breaches or defaults by contractor under the
agreement shall not be construed as a waiver of such provisions and conditions and shall not prevent
the City of Fayetteville from invoking such remedies in the event of any future breach or default.
16. Each paragraph in this agreement is severable from all other paragraphs. In the event any court of
competent jurisdiction determines that any paragraph or subparagraph is invalid or unenforceable for
any reason, all remaining paragraphs and subparagraphs will remain in full force and effect.
17. Contractor shall not act as a broker or facilitate sales of boats.
18. Upon budget approval by the City Council, the term of the Contract shall be for one (1) year. However,
said Contract may automatically renew for four (4) consecutive one (1) year terms. Renewals will be
subject to budget approval from the annual budget from City Council.
19. Freedom of Information Act: City of Fayetteville contracts and documents prepared while performing
city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of
Information Act request is presented to the City of Fayetteville, the contractor will do everything
possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas
Freedom of Information Act (A.C.A. 25-19-101 et. Seq.). Only legally authorized photo coping costs
pursuant to the FOIA may be assessed for this compliance.
20. Changes in Scope or Price: Changes, modifications, or amendments in scope, price or fees to this
contract shall not be allowed without a prior formal contract amendment approved by the Mayor and
the City Council in advance of the change in scope, cost or fees.
WITNESS OUR HANDS THIS DAY OF , 2020.
VENDOR
2
Printed Contractor Name & Title
ATTEST
City of Fayetteville, AR
RFP 20-11, Lake Fayetteville Boat Dock Operator
Page 23 of 24
CITY OF FAYETTEVILLE, ARKANSAS
LIONELD JORDAN, Mayor
ATTEST:
Company Secretary
Business Address
City, State & Zip Code
Date Signed:
City of Fayetteville, AR
RFP 20-11, Lake Fayetteville Boat Dock Operator
Page 24 of 24
Kara Paxton, City Clerk -Treasurer
Date Signed:
Lake Fayetteville Boat Dock Contract Questions
1. Why do you want to manage the boat docks at Lake Fayetteville?
Our family has become an integral part of Lake Fayetteville. I would like the opportunity to preserve the
friendly positive environment at Lake Fayetteville that our community has come to love. I enjoy
communicating with the locals, educating tourists, and hearing the amazing stories from those that have
fished this lake since childhood. I believe the facility standard we have maintained at Lake Fayetteville
has allowed Lake Fayetteville to become an integral part of what makes the city of Fayetteville an
amazing place to reside and visit, and I would love to be a part of its continued growth.
2. Describe your background and experiences that would lead us to believe you would be successful at
managing the boat dock.
Being raised on the waterways of South Louisiana, I not only learned the importance of safety and
attention to detail, but developed a passion for fishing. This passion along with my training in Psychology
have allowed me to become an integral part of what many of the regulars look forward to seeing when
visiting Lake Fayetteville. I truly enjoy being at Lake Fayetteville and this is exhibited in my exemplary
customer service and continued to desire to grow and promote the facilities.
Over the years, I have assisted my family in their many business endeavors. My strong abilities to
manage and organize have been advantageous to the success of the businesses; as well as my strong
work ethic ingrained during my time in the military. I have also worked in private practice successfully
managing many aspects of my personal brand, which is vital for any business in today's society with
growing media access. All of these traits along with my strong beliefs about community and the pride I
take in being a Fayetteville resident make me a good fit to continue to grow Lake Fayetteville into the
commodity it is in NWA.
My family has raised the standard at Lake Fayetteville over the past five years, and made it a welcoming
retreat for all that visit. My parents and brother will continue to be part of the team that assist me in
managing Lake Fayetteville in its continued success.
3. Explain your plans and methods for managing the boat docks.
Our plan for managing the boat docks will continue to employ the same methods we currently use.
These methods include prioritizing safety and customer service. Everyone is welcome at Lake
Fayetteville and we enjoy getting to know each and every customer while maintaining professionalism.
We have several systems in place that allow for smooth operations, such as our daily opening and
closing checklists, weekly and monthly preventive checks, service, and maintenance schedules,
employee manuals, and visuals for customers on the lake guidelines and safety measures. We maintain
the cleanliness of the marina, grounds, and equipment daily to ensure a peaceful welcoming
environment. We use the Square POS, cash register, and Quickbooks to maintain adequate records in
accordance with the city's requirements. We have several well trained employees to allow for multiple
shifts during each day as to avoid burnout and maintain morale for continuous excellent customer
service. Our employees are trained to prioritize customer service and maintain a friendly and
professional demeanor at all times. I currently reside approximately two miles from Lake Fayetteville
Lake Fayetteville Boat Dock Contract Questions
and my family members assisting with the business reside even closer; therefore, we will always have
someone available within minutes to assist the marina operator at all hours.
4. Providing the highest level of services to our citizens is very important. How would you respond to
customer concerns regarding operations of the lake?
Customer service is of the utmost importance to all the employees of Lake Fayetteville. When a
customer presents with a concern it is our responsibility to remedy the situation and implement a long
term solution to avoid any future concerns. If a customer presents with a concern which is beyond the
control of our staff, we will immediately contact the proper authority and direct them to the appropriate
point of contact. We will maintain open lines of communication with the City of Fayetteville and notify
the appropriate department of any concerns raised beyond our scope of practice. No matter the level of
concern presented from our customers, we will always reassure the customer that we care about their
experience at Lake Fayetteville and will diligently work towards a solution.
S. You are required to keep financial records and reports. What experiences have you had in keeping
accurate records and reports?
I have assisted my family in their many business endeavors by bookkeeping and managing
logistics/inventory. I have also managed my billing and tedious documentation while working in private
practice. During my time working in research at Tripler Army Medical Center, I learned the importance
of detailed documentation and accurate reporting. As a City Council Member, I regularly review records
and take part in the financial decision making for the City of Johnson. I have served as treasurer for
several organizations such as the Fayetteville High School Booster Club and my doctorate programs
student council. I have experience with several Point Of Sale softwares, Quickbooks, Turbotax, and
multiple operating systems to assist in detailed accurate bookkeeping.
6. This contract requires liability insurance coverage and a $5,000 bond for performance. Could you
have these in order within ten (10) business days from notice of award?
Yes, absolutely no problem.
7. What other services, if any, would you be interested in providing to park patrons at Lake
Fayetteville?
We would like to continue to offer bike and boat rentals to all park patrons. We would like to improve
concessions to offer more options to our patrons who do not want to remove their boats from the
water during their excursions as well as an array of healthier options for those on the trail.
S. Are there any questions you have on the list of contracted services and requirements?
I do not have any questions at this time.
2
City of Fayetteville
RFP 20-11, Lake Fayetteville Boat Dock Operator
Advertisement
City of Fayetteville, AR
Request for Proposal
RFP 20-11, Lake Fayetteville Boat Dock Operator
Bidding documents, plans, plan holders, and addenda shall be obtained at the City of Fayetteville Purchasing Division's
electronic bidding platform at www.fayetteville-ar.gov/bids
All bids shall be received by Tuesday August 25, 2020 before 2:00 PM, local time utilizing the electronic bidding software,
OR by submitting a sealed bid at the City of Fayetteville, Purchasing Division address listed below. A public bid opening
will be conducted shortly after the deadline at City Hall and livestreamed at
https://www.youtube.com/user/cityoffayetteviIlear. No late bids shall be accepted. The City of Fayetteville shall not be
responsible for lost or misdirected bids, or for failure of proposer's technical equipment.
City of Fayetteville
Purchasing Division — Room 306
113 West Mountain Street
Fayetteville, AR 72701
Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and
women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of
Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and
women business enterprises.
The City of Fayetteville reserves the right to waive irregularities, reject bids, and postpone the award of any Contract for a
period of time which shall not exceed beyond sixty (60) days from the bid opening date.
City of Fayetteville
By: Les McGaugh, Purchasing Agent
P: 479.575.8220 Email: Imcgaugh@fayetteville-ar.gov
TDD (Telecommunications Device for the Deaf): (479) 521-1316
Date of advertisement: 08.02.2020
City of Fayetteville, AR
RFP 20-11, Lake Fayetteville Boat Dock Operator
Page 2 of 24
ANGELA PEREA, PSY.D.
2593 WEST JANE CIRCLE DRIVE
FAYETTEVILLE, ARKANSAS 72704
PHONE (479)-770-3330 • E-MAIL: dr.angela.perea@gmail.com
WORK EXPERIENCE
City Council Member
City of Johnson - Johnson, AR
May 2018 - Present
• Assist in the selection and hiring of city administrators
• Initiate and assist in passing local ordinances
• Review and approve city budget and tax levy
• Participate in special subcommittees (i.e., Parks and Recreation Board)
• Serve as a Council Liaison to City Commissions or other outside agencies serving the City of
Johnson
• Review and approve capital improvements for the City
Marina Operator
Lake Fayetteville Boat & Bike - Fayetteville, AR
January 2015 - Present
• Manage City of Fayetteville boating and fishing permits
• Oversee boat and bicycle rentals, inventory, and general operations
Provisionally Licensed Psychologist
Psychology and Counseling Associates - Fayetteville, AR
February 2013 - September 2015
• Performed individual and family therapy for both children and adults
• Administered psychological evaluations, diagnosis, and reports
• Provided forensic evaluations for Arkansas State Hospital and 3rd District Court
Psychological Intern
Greene County Jail - Springfield, MO
September 2008 - September 2009
• Administered intake interviews and psychotherapy services to male and female incarcerated
adults and adolescents with a broad -range of psychological disorders
• Conducted suicide and risk assessments, to include crisis intervention of suicidal, homicidal,
psychotic, and intoxicated clients
• Administered psychological evaluations, interpreted data, and integrated report writing with a
focus on employee referred public law officials and incarcerated substance abusers
• Collaborated with medical professionals, social service organizations, and forensic entities
during staffing and consultations to implement a multi -disciplinary team approach to patient care
• Supervised graduate and doctorate level students
• Instructed didactic training to students and correctional staff
Nuclear Biological Chemical Specialist
Louisiana National Guard - Alexandria, LA
February 2001 - February 2003
• Solely maintained battalion nuclear, biological, and chemical (NBC) equipment
• Trained soldiers and civilians on NBC, HAZMAT, and Emergency Response
• Worked as human resource assistant and maintained personnel files
Biological Integrated Detection Systems Specialist
U.S. Army - Fort Polk, LA
September 1998 - February 2001
• Supervised soldiers during training to detect biological agents
• Maintained assigned equipment with net worth of $14.2 million
EDUCATION
Doctorate in Clinical Psychology
Forest Institute of Professional Psychology - Springfield, MO
2010
Bachelor's in Psychology
Drury University - Springfield, MO
2004
Emergency Medical Technician
Lamar Salter Technical Institute - Leesville, LA
2002
FAMI I ffRl I TkI
204 Shoreline Dr, Springdale, Arkansas 72764 j (C) 47941981111 al_perea@hotmaii.com
PROFESSIONAL SUMMARY
........................................................................................................................................... .
Energetic physical therapist with a productive history of patient satisfaction. Also, a self -motivated
real estate investor who enjoys rehabbing homes. Caring personality with strong problem solving
skills.
SKILLS
• Leadership experience
• Certified Strength and Conditioning Specialist
• First responder training
• Patient -focused therapy
WORK HISTORY
• Safety Oriented
• Excellent Customer Relations
• Residential construction expert
• Boat Safety Training
Physical Therapist , HealthSouth ( Fayetteville, AR
• Monitored and recorded patient progress in response to therapy.
• Evaluated and treated a wide range of conditions, including chronic and acute pain,
disc prolapse, whiplash, dislocations, arthritis, Multiple Sclerosis, Parkinson's, stroke and
neuropathies.
• Educated patients and family members regarding diagnosis, injury prevention and
therapeutic treatments.
• Accurately completed insurance and Medicaid billing and OASIS documentations in
timely manner.
• Facilitated outpatient physical therapy for patients with knee and hip replacements,
• chronic pain and balance disorders.
EDUCATION
Doctorate; Physical Therapy
Southwest Baptist University, Bolivar, MO
Bachelor of Science: Business Administration
Nicholls State University, Thibodaux, LA
PREVIOUS WORK EXPERIENCES
• Lifeguard
• EMT -Basic
• Boat dock operator
• Boat Deckhand
• Fitness Center Owner/Manager
• Real estate investor
JACQUELINE PEREA
204 Shoreline Dr, Springdale, Arkansas 727641(C) (479)841-4523 1 jlperea2l@gmail.com
PROFESSIONAL SUMMARY
- ......................................................................................................................................................
Enthusiastic team player, deeply committed to delivering quality care as a Physical Therapist
for geriatric and neurological patients.
SKILLS
• Program development
• Customer -oriented
• Organized
• Personable
WORK HISTORY
• Safety Oriented
• Excellent Customer Relations
• First responder training
• Adaptive to changing environments
SEPTET BER 2010-CURRENT
Physical Therapist I HealthSouth I Fayetteville, AR
• Taught patients how to live within the limits of their capabilities and celebrated their
• successes.
• Planned individually -designed treatment programs to restore, maintain and improve
• physical functioning, alleviate pain and prevent disability.
• Recorded detailed prognosis, treatment, responses and progress notes in patient charts.
• Communicated effectively with other care providers (physicians, nurses, business office,
• and medical records) to provide for continuity of patient care.
• Contributed to team meetings and collaborated with management in the decisionmaking
• process.
• Consistently exhibited courtesy, compassion and respect to patients, families, caregivers,
• visitors, physicians, administrators and co-workers.
• Taught patients uses of wheelchairs, braces, canes, crutches and prosthetic devices.
EDUCATION
2009
Doctorate: Physical Therapy
Southwest Baptist University, Bolivar, MO
2007
Bachelor of Science: Pre-Med
Arkansas Tech University, Russellville, AR
PREVIOUS WORK EXPERIENCES
• Lifeguard
• YMCA after school program assistant
Real estate investor
203 Shoreline Drive, Springdale, AR 72764 ■ H: 4794195487 ■ C: 9852095327 .
lorettaetanner@yahoo. com
PROFESSIONAL SUMMARY
Highly experienced Licensed Professional Counselor and Educator with a strong dedication to the total
development of children and all human beings. Caring and qualified educator with over 33 years of
experience. Outpatient mental health counselor in private practice for over 20 years helping clients cope
with or overcome mental disorders by providing individual, family and group counseling.
SKILLS
■ Outstanding social skills
■ Interpersonal skills
■ Positive reinforcement
■ Motivational
■ Effective time management
■ Positive friendly person
■ Multi -cultural trained
■ Organized & Flexible
■ Dedicated & Trustworthy
■ Healthy & energetic
■ Good listener & speaker
■ Speak Spanish/French
WORK HISTORY
Educator/Counselor
Terrebonne Parish School Board - Houma, LA 12/1977 - 05/2013
I worked as an educator and taught various grades (1st-8th) and taught Gifted and Talented Students at
schools in Terrebonne Parish in Louisiana. I was also a School Counselor for over 20 years working with
Elementary and Middle grade students.
Licensed Professional Counselor and Licensed Marriage and Family Therapist
Self Employed Counselor - Houma, LA 07/1995 - 08/2013
I worked as a part time Self Employed Licensed Counselor doing private counseling for about 18 years in
Terrebonne Parish. I was also a Licensed Supervisor and supervised other counselors.
EDUCATION
High School Diploma:
South Terrebonne High School - Bourg, LA 1973
LPC Supervisor:
Our Lady of Holy Cross College - New Orleans, LA 2004
Master of Arts: Education/Gifted & Talented/Counseling
Nicholls State University - Thibodaux, LA 1977 (B.A.) & 1986 (M.ED.)
CERTIFICATION/LICENSES
National Board Certified Counselor #42284 (1995)
Licensed Professional Counselor #1911 (1995)
Licensed Marriage & Family Therapist #383 (2002)
Board Approved Supervisor #S1911 (2004)
FEMA Emergency Responder for Crisis Interventions (2009)
Red Cross Disaster Trained - Emergency Assistant & Mental Health Services (1999)
WILLIAM TANNER
203 Shoreline Drive, Springdale, AR 72764
Home: 4794195487 - Cell: 9858552692 - billedtanner@yahoo.com
PROFESSIONAL SUMMARY
Grocery Store Manager with 50 years in the grocery business. Demonstrated history of
maintaining high employee morale and maximizing store profits. Conceive, develop and
execute innovative initiatives that reduce costs and optimize efficiency. Assemble and
mentor teams to meet and exceed expectations in a collaborative work environment.
SKILLS
• Store management • Adaptability
Is Customer -focused • Prioritizing
• Strong communication skills • Multitasking
• Strong work ethic • Effective trainer
• Employee training • Integrity
WORK HISTORY
09/1980 to 09/2013Store Manager
Rouses' Supermarket —Thibodaux, LA
• Reported on weekly sales to management.
• Conducted annual performance reviews.
• Followed proper standards for product freshness, food safety, weights and measures,
refrigeration and sanitation.
• Supervised, trained and developed team members in accordance with company
policies and procedures.
• Conducted weekly sales meetings with team members to establish merchandising,
sales and profit objectives.
• Maintained an atmosphere of enthusiastic customer service.
• Established and maintained a positive work environment.
• Carried out supervisory responsibilities in accordance with company policies and
applicable laws.
• 50 years retail experience.
EDUCATION
1960 High School Diploma:
Terrebonne High School - New Orleans, LA
TRAININGS
Ongoing training with the grocery store business on computer classes, health &
sanitation, preparation & handling of food, communication skills,
seminars and conferences on human resources.
2593 Westjane Circle Dr.
Aali*yah Fayetteville, 72704
Jackson (479r770-333131
aaliyah.jck@gmaii.com
EDUCATION SKILLS
University of Arkansas, Fayetteville, AR
Computer Skills..
August 2019 - Present
• MS
Fayetteville High School, Fayetteville, AR — High
Office -Word,
School Diploma
Excel, Outlook,
August 2015 - May 2019
Powerpoint,
Member of FBLA
OneNote
• Google
WORK EXPERIENCE
Drive -Does,
Sheets, Slides,
Sam's Club, Springdale, AR
Forms
April 2020 - Present
• Social Media -
• Operating front end equipment
Facebook,
• Customer service
Twitter,
• Sales experience
Instagram,
Snapchat
International Students and Scholars Office,
Fayetteville, AR
Other Skills:
August 2019 - May 2020
• Assist international students with becoming . Experience
certified in this ISS program providing
• Flan and organize programs for international customer
students service to a wide
• Prepare mailings, emails, errands, and other demographic
duties assigned
Lake Fayetteville Boat and Bike, Fayetteville, AR —
Marina Operator
May 2017 - PRESENT
• Conduct City of Fayetteville boating and fishing
permit sales
• Perform boat and bicycle rentals
• Accountable for inventory sales and stocks
Part time child care provider, Fayetteville, AR
June 2016 - August 2019
• Assist grade school children with school and
house work
• Supply transportation for children
• Clean and organize designated areas
VOLUNTEER EXPERIENCE
Christian Life Cathedral, Fayetteville, AR — Leaders
Program
August 2017 - December 2018
• Work as a mentor to grade school kids in the
youth program, Transfer
• Provide supervision for children during summer
program
• Instructed elementary aged children during
Sunday School programs
Mission Trips, Honduras
July 2017 -July 2018
• Serve the people of Honduras for a span of two
weeks per year for two consecutive years
• Participate in medical clinics in underserved
areas
• Contribute to building houses for those that is
was needed
Certifications
• Boaters Safety
License
• JAG Program
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2020-0818
Agenda Date: 10/20/2020 Version: 1 Status: Agenda Ready
In Control: City Council Meetinq
Agenda Number: A.7
File Type: Resolution
BID #20-58 AUSTIN KING, INC. DB/A KING ELECTRICAL CONTRACTORS:
A RESOLUTION TO AWARD BID #20-58 AND AUTHORIZE A CONTRACT WITH AUSTIN KING,
INC. DB/A KING ELECTRICAL CONTRACTORS FOR ELECTRICAL SERVICES ON AN
ON -CALL BASIS FOR A TERM OF ONE YEAR WITH AN AUTOMATIC RENEWAL FOR UP TO
FOUR ADDITIONAL ONE YEAR TERMS
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 awards Bid
#20-58 and authorizes a contract with Austin King, Inc. d/b/a King Electrical Contractors for electrical services
on an on -call basis for a term of one year with an automatic renewal for up to four additional one year terms.
City of Fayetteville, Arkansas Page 1 Printed on 1011512020
City of Fayetteville Staff Review Form
2020-0818
Legistar File ID
10/20/2020
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Andrea Foren 9/30/2020 PURCHASING (160)
Submitted By Submitted Date Division / Department
Action Recommendation:
Approval of a Resolution to award Bid 20-58, On -Call Electrical Services and a contract to Austin King, Inc. D/B/A
King Electric for on -call as -needed electrical services for one year, beginning 11/4/2020 and including four one-year
automatic renewals.
Budget Impact:
Various
Various
Account Number
Fund
Various
Various
Project Number
Project Title
Budgeted Item? NA
Current Budget
Funds Obligated
Current Balance
$
Does item have a cost? NA
Item Cost
Budget Adjustment Attached? NA
Budget Adjustment
$ -
Remaining Budget
V20180321
Purchase Order Number: Previous Ordinance or Resolution # Res. 199-15
Change Order Number: Approval Date:
Original Contract Number:
Comments:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF: OCTOBER 20, 2020
TO: Mayor and City Council
THRU: Paul A. Becker, Chief Financial Officer
FROM: Andrea Foren, Purchasing Manager
DATE: September 30, 2020
CITY COUNCIL MEMO
SUBJECT: A Resolution to approve a multi -year contract for on -call electrical services
with Austin King, Inc. D/B/A King Electric
RECOMMENDATION:
Approval of a Resolution to award Bid 20-58, On -Call Electrical Services and a contract to Austin
King, Inc. D/B/A King Electric for on -call as -needed electrical services for one year, beginning
11/4/2020 and including four one-year automatic renewals.
BACKGROUND:
Electrical services are bid for a contract period of one year with an automatic option to renew for
four additional one-year terms, for a possible contract term of five years. This contract is utilized
by various City departments and divisions on an as needed, on -call basis. Single electrical
projects that exceed the threshold for City Council approval, currently $20,000, will require
additional City Council approval.
DISCUSSION:
Bids were received from five vendors. King Electric is the lowest qualified responsive responsible
bidder and has been awarded the electrical on -call contract for the past three contract terms.
They continue to offer the City competitive pricing, exceptional customer service and are familiar
with the City's electrical structure of various buildings and facilities.
BUDGET/STAFF IMPACT:
Budgeted funds will be utilized by each City department and division depending on their
electrical project and repairs needed.
Attachments:
Contract for on -call electrical services, including the following appendices:
• Appendix A — City's Bid Package for Bid 20-58
• Appendix B — King Electric's bid submittal
Appendix C — Recommendation for Award
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
CITY OF
FAYETTEVILLE
ARKANSAS
City of Fayetteville, AR
Contract for: On -Call Electrical Services
Contractor/Vendor: King Electric D/B/A Austin King, Inc.
Term: One year with four one-year renewals
This contract executed this day of , 2020, between the City of Fayetteville, Arkansas
(City) and Austin King, Inc. D/B/A King Electric (King Electric, Vendor, Contractor) In consideration of the mutual covenants
contained herein, the parties agree as follows:
1. King Electric at its own cost and expense shall furnish all labor, materials, supplies, machinery, equipment, tools,
supervision, bonds, insurance, tax permits, and all other accessories and services necessary to complete items bid
per Bid 20-58, Construction — On -Call Electrical Services as stated in King Electric bid response, and in accordance
with specifications attached hereto and made a part hereof under Bid 20-58, all included herein as if spelled out
word for word.
a. The City of Fayetteville shall pay King Electric for completion of the project based on prices indicated in
Appendix B.
b. Payments will be made after approval and acceptance of work and submission of invoice Payments will be
made approximately 30 days after approval of invoice. The City of Fayetteville reserves the right to request
receipts for materials purchased for the City of Fayetteville from suppliers, subcontractors, or other
sources. Invoices shall be submitted itemized to the detail and breakout presented in the bid form.
2. The Contract documents which comprise the contract between the City of Fayetteville and King Electric consist of
this Contract and the following documents attached hereto, and made a part hereof:
a. Appendix A: Bid package identified as Bid 20-58, Construction — On -Call Electrical Services with the
specifications and conditions typed thereon inclusive of all bidding documents, plans and drawings and
issued addenda.
b. Appendix B: King Electric's bid proposal.
c. Appendix C: Recommendation for Award, inclusive of the bid tabulation
d. Appendix D: King Electric Certificate of Insurance
3. These Contract documents constitute the entire agreement between the City of Fayetteville and King Electric and
may be modified only by a duly executed written instrument signed by the City of Fayetteville and King Electric.
4. King Electric shall not assign its duties under the terms of this agreement.
5. King Electric agrees to hold the City of Fayetteville harmless and indemnify the City of Fayetteville, against any and
all claims for property damage, personal injury or death, arising from King Electric performance of this contract.
This clause shall not in any form or manner be construed to waive that tort immunity set forth under Arkansas Law.
6. King Electric shall furnish a certificate of insurance addressed to the City of Fayetteville, showing that applicable
coverage exists for the following insurance which shall be maintained throughout the term of the Contract. Any
work sublet, the contractor shall require the subcontractor similarly to provide worker's compensation insurance.
In case any employee engaged in work on the project under this contract is not protected under Worker's
City of Fayetteville, AR
Bid 20-58, Construction — On -Call Electrical Services
Page 1 of 4
Compensation Insurance, King Electric shall provide and shall cause each Subcontractor to provide adequate
employer's liability insurance for the protection of such of his employees as are not otherwise protected. The
premiums for all insurance and the bond required herein shall be paid by Vendor.
a. Workmen's Compensation: Statutory Amount
b. Comprehensive General & Automobile Insurance: $500,000 for each person injured.
c. Bodily Injury Liability: $1,000,000 for each accident.
d. Property Damage Liability: $1,000,000 aggregate.
7. King Electric shall furnish proof of licensure as required by all local and state agencies.
8. This contract may be terminated by the City of Fayetteville or King Electric with 30 calendar days written notice.
9. This contract shall be effective beginning on November 4, 2020, the day after the end of the contract previously
approved by the Fayetteville City Council via Resolution 199-15.
a. The City agrees to reserve the right to automatically renew the contract for four (4) additional one (1) year
terms. Renewals shall be automatic unless either King Electric or the City notifies the other of its intent to
terminate the contract at the end of the contract period.
b. Single projects exceeding the threshold for City Council approval will require additional approval from the
Fayetteville City Council.
c. Single projects over the City Council threshold shall require a one hundred percent (100%) performance
and payment bond. Performance and Payment bonds shall be provided to the City after being file marked
at the Washington County Circuit Clerk's Office.
d. King Electric shall warranty work performed under this contract for a period of one (1) full year from the
date of final payment for each project awarded under this contract.
10. Freedom of Information Act: City of Fayetteville contracts and documents prepared while performing city
contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request
is presented to the City of Fayetteville, the contractor will do everything possible to provide the documents in a
prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. 25-19-101 et. Seq.).
Only legally authorized photo coping costs pursuant to the FOIA may be assessed for this compliance.
11. Changes in scope or price: Changes, modifications, or amendments in scope, price or fees to this contract shall not
be allowed without a prior formal contract amendment approved by the Mayor and the Fayetteville City Council in
advance of the change in scope, cost or fees.
12. Jurisdiction: Legal jurisdiction to resolve any disputes shall be Washington County, Arkansas with Arkansas law
applying to the case. The City will not agree to be forced to mediate or arbitrate any dispute.
13. Contractor's Representations:
a. King Electric has examined and carefully studied all contract documents.
b. King Electric shall visit the project sites and become familiar with and is satisfied as to the general, local,
and Site conditions that may affect cost, progress, performance, and furnishing of the Work.
c. King Electric is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may
affect cost, progress, performance, and furnishing of the Work.
City of Fayetteville, AR
Bid 20-58, Construction — On -Call Electrical Services
Page 2 of 4
d. King Electric will carefully study all:
A. Reports of explorations and tests of subsurface conditions at or contiguous to project sites
and all drawings of physical conditions in or relating to existing surface or subsurface
structures at or contiguous to the Site; and
B. Reports and drawings of a Hazardous Environmental Condition, if any, at the Site. King
Electric acknowledges that The City of Fayetteville and Engineer do not assume responsibility
for the accuracy or completeness of information and data shown or indicated in project
documents with respect to Underground Facilities at or contiguous to the Site.
e. King Electric will obtained and carefully studied (or assumes responsibility of having done so) all such
additional supplementary examinations, investigations, explorations, tests, studies, and data concerning
conditions (surface, subsurface, and Underground Facilities) at or contiguous to project sites or otherwise
which may affect cost, progress, performance, and furnishing of the Work or which relate to any aspect
of the means, methods, techniques, sequences, and procedures of construction to be employed by King
Electric and safety precautions and programs incident thereto.
f. King Electric does not considerthat any additional examinations, investigations, explorations, tests, studies,
or data are necessary for the performing and furnishing of the Work at the Contract Price, within the
Contract Times, and in accordance with the other terms and conditions of the Contract Documents.
g. King Electric is aware of the general nature of work to be performed by The City of Fayetteville and others
at the Site that relates to the Work as indicated in the Contract Documents.
h. King Electric has correlated the information known to King Electric, information and observations obtained
from visits to the Site, reports and drawings identified in the Contract Documents, and all additional
examinations, investigations, explorations, tests, studies, and data with the Contract Documents.
i. King Electric has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that King
Electric has discovered in the Contract Documents and the written resolution thereof by Engineer is
acceptable to King Electric.
j. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and
conditions for performance and furnishing of the Work.
k. King Electric is responsible for obtaining all applicable permits; however, fees for the City issued permits
shall be waived.
I. Any use of a third -party dumpster or roll off container shall be procured from the City of Fayetteville
Recycling and Trash Collection Division. Use of a Non -City dumpster or roll off container is not allowed.
14. Liens: No liens against this construction project are allowed. Arkansas law (A.C.A. §§18-44-501 through 508)
prohibits the filing of any mechanics' of materialmen's liens in relation to this public construction project. Arkansas
law requires, and the contractor promises to provide and file with the Circuit Clerk of Washington County a bond
in a sum equal to the amount of this contract. Any subcontractor or materials supplier may bring an action for non-
payment or labor or material on the bond. The contractor promises to notify every subcontractor and materials
supplier for this project of this paragraph and obtain their written acknowledgement of such notice prior to
commencement of the work of the subcontractor or materials supplier.
15. Liquidated Damages: N/A
City of Fayetteville, AR
Bid 20-58, Construction — On -Call Electrical Services
Page 3 of 4
16. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority
and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of
Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority
and women business enterprises.
WITNESS OUR HANDS THI
CITY OF FAYETTEVILLE, ARKANSAS
By:
Lioneld Jordan, Mayor
ATTEST:
By:
Kara Paxton, City Clerk
Date Signed:
DAY OF 2020.
City of Fayetteville, AR
Bid 20-58, Construction — On -Call Electrical Services
Page 4 of 4
AUSTIN KING, INC. D/B/A KING ELECTRIC
By: (!Z /�_
Chris King, Owner
Date Signed:
Contract for Bid 20-58
Appendix A
City Bid Package
IWA
CITY OF
City of Fayetteville, Arkansas
Purchasing Division — Room 306
FAYETTEVILLE 113 W. Mountain
A R KA N SAS Fayetteville, AR 72701
Phone: 479.575.8220
TDD (Telecommunication Device for the Deaf): 479.521.1316
INVITATION TO BID: Bid 20-58, Construction — On -Call Electrical Services
DEADLINE: Tuesday, July 07, 2020 before 2:00:00 PM, Local Time
PRE -BID: Thursday, June 25, 2020 at 2:00 PM; Local Time
DELIVERY LOCATION: Room 306 — 113 W. Mountain, Faye AR 72701
PURCHASING AGENT: Adonis Bwashi, abwashi@�tteville-a�ov.&
DATE OF ISSUE AND ADVERTISEMENT: Fri aylune YiNjllune 21 020
NVIT TO,B tr
Bid 20-58, Constru i - 0 ctriwllzces
No late bids will be accepted. Bids s
the bidder. All bids shall be sub to in
bid documents attached here idd
requested; failure to do so may e used as k
v G�
��kr,bmed env led with the name and address of
corh the a e ity of Fayetteville specifications and
to I in ry blank and shall supply all information
e,ecl
ejectiin.
The undersigned hereby offers to f ?sadeliver r les or services as specified, at the prices & terms
stated herein, and in strict accord ith the sp ifica Vs and general conditions of bidding, all of which are
made a part of this offer. This �ot su ithdrawal unless upon mutual written agreement by the
Proposer/Bidder and City Pg Manag �y�er.
C
Name of Firm:
Contact Person:
E-Mail:
Business Address:
City:
Signature:
City of Fayetteville
City of Fayetteville, AR
Bid 20-58, Construction — On -Call Electrical Services
Page 1 of 24
State:
Title:
Phone:
Date:
Zip:
Bid 20-58, Construction — On -Call Electrical Services
Advertisement
City of Fayetteville, Arkansas
INVITATION TO BID
Bid 20-58, Construction — On -Call Electrical Services
The City of Fayetteville is accepting sealed bids from properly licensed and authorized electrical contractors for providing electrical
services on an as -needed basis for a one (1) year term with the option to renew for four (4) additional one (1) year terms. Questions
should be addressed to Adonis Bwashi, Purchasing Agent at abwashi@fayetteville-ar.gov or by calling (479) 575-8220.
All bids shall be submitted in a sealed envelope or package labeled with the project name and/or description. All bids shall be received
by Tuesday, July 07, 2020 before 2:00:00 PM, Local Time at the City of Fayetteville, Purchasing Division address listed below. A public
bid opening will be conducted shortly after the deadline at City Hall. No late bids shall be accepted. The ' of Fayetteville shall not be
responsible for lost or misdirected bids.
City of Fayetteville
Purchasing Division — Room 306
113 West Mountai t ,
Fayetteville, AR 72
Bidding documents shall be obtained by the City of Fayettev4le asing Divisio el tr ically. No is shall be issued.
Addendums will be posted on the City's website at htt fa e- ov bids .
All vendors intending on bidding SHALL register as a pl y notif ' ♦ washi, vi n registering as a plan
holder, vendors shall submit primary contact informati in in g na o ctor, pri on phone number, fax number,
and physical address. FAILURE TO REGISTER AS A PL� R CAN RES9 IN UR BID BE ED.
A non -mandatory pre -bid conference will be o Thursday, Ju 2020 at 10:00 Time virtually. Information regarding
the pre -bid meeting is available on the pr on the ele r nic bid g at i All interested parties are encouraged to
attend.
Bid Documents shall be obtained fro he City of Fa Purchasing n electronically, at no cost. No partial sets will be
issued.
All vendors intending on bidding shall re ist ss nn holder b ify' g Adonis Bwashi, Purchasing Agent, via e-mail at
abwashi@fayetteville-ar.gov. When regi ii s a plan holder, ve rs shall submit primary contact information including name of
contractor, primary contact, phone n r, numb a sical address. Failure to register as a plan holder can result in your
bid being rejected. Sub -Contractors su liers are al str y encouraged to obtain documents directly from the City and get
registered as a plan holder.
Each bid shall be accomp ied b a cashie e�{r ank doing business in the State of Arkansas or a corporate bid bond in an
amount not less than five ( cent oft am n bid. A one hundred percent (100%) performance and payment bond is required
with the contract awarded and shall be ked by the Washington County Circuit Clerk's Office upon receipt to the City. A
contractor's license from the State of Arkansas Contractor's Licensing Board is not required at the time of bid; however, no contractor
shall submit a bid under this prior to submitting application for licensure. The City shall not execute any construction contract unless
and until the successful bidder for the project furnishes an appropriate license issued by the board.
Bidders shall be qualified to do business and licensed in accordance with all applicable laws of the state and local governments where
the Project is located.
The City reserves the right to reject any or all Bids and to waive irregularities therein, and all Bidders shall agree that such rejection
shall be without liability on the part of the City for any damage or claim brought by any Bidder because of such rejections, nor shall
the Bidders seek any recourse of any kind against the City because of such rejections. The filing of any Bid in response to this
City of Fayetteville, AR
Bid 20-58, Construction — On -Call Electrical Services
Page 2 of 24
invitation shall constitute an agreement of the Bidder to these conditions. Awarding this project shall be contingent upon grant
funding being approved and received.
Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business
enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general
contractors to subcontract portions of their contract to qualified small, minority and women business enterprises.
Bids must remain in effect for 120 days after the bid opening date.
City of Fayetteville
By: Adonis Bwashi, Purchasing Agent
P: 479.575.8220 Email: abwashi@favetteville-ar.gov
TDD (Telecommunications Device for the Deaf): (479) 521-1316
Date of advertisement: 06/12/2020 & 06/19/2020
City of Fayetteville, AR
Bid 20-58, Construction — On -Call Electrical Services
Page 3 of 24
City of Fayetteville, Arkansas
Bid 20-58, Construction - On -Call Electrical Contractor
Date Issued:
Wednesday, June 02, 2020
Deadline:
Thursday, July 16, 2020 before 2:00 PM, local time
F.O.B
Fayetteville, Arkansas as needed
Purchasing Agent Contact Information
Adonis Bwashi, (479) 575-8256, abwashi@fayetteville-ar.gov
SECTION A: Materials (Estimated Annual)
ITEM
DESCRIPTION
MARK UP %
CONTRACTORS
MATERIAL COST
ESTIMATE
ESTIMATED MATERIAL COST
WITH MARK UP %
1
Material (Cost plus %) $0-$100
/o
x $ 1,000.00
=
$
2
Material (Cost plus %) $101-$500
/o
x $ 1,000.00
=
$
3
Material (Cost plus %) $501-$1000
/o
x $ 5,000.00
=
$
4
Material (Cost plus %) $1001-$5000
%
x $ 5,000.00
-
5
Material (Cost plus %) $5000 and up
0
/
x $ 65,000.00
=
$
6
Rental Equipment (Cost plus %)
/
10,00 00
-
$
Tota 1 B i Sect n A (I m 13 .$
Section B:
Hour i ated An al)
ITEM
DESCRIPTION
ES S ER
P ICE OUR
I ATED COST
7
Journeyman Electrician - Straight/Regular Time
00
x
$
8
Journeyman Electrician - Nights and Weeken
25
x
=
$
9
Journeyman Electrician - Holiday
x $
_
$
10
Apprentice Electrician - Straig eg
Nil
x $
_
$
11
Apprentice Electrician - Nights eeken25
We
=
$
12
Apprentice Electrician - Holidays10
=
$
13
Electrician's Helper - Straight/Regular
116'14
50
x $
_
$
Electrician's Helper- Nights and e
5
x $
_
$
15
Electrician's Helper- Holida
4joeo
x $
_
$
16
Foreman/Supervis rwstrai egularT
200
x $
_
$
17
Foreman/SupervisN4,01111ts and VjekenqjN25
x $
_
$
18
Foreman/Supervisor- Holidays Nftl
10
x $
=
$
19
General Laborer - Straight/Regular Time
300
x $
=
$
20
General Laborer- Nights and Weekends
20
x $
=
$
21
General Laborer - Holidays
10
x $
_
$
Total Bid, Section B (Items 7-21):
$
Total Base Bid $
Section A + Section B (Sum of Items 1-21):
NAME OF FIRM
Page 4of24 THIS BID FORM CONTINUES ON THE NEXT PAGE.. .
EXECUTION OF BID -
Actual specification of any deficient item shall be noted on the bid sheet or separate attachment. If specifications of item bid
differ from provided literature, deviation shall be documented and certified by the manufacturer as a regular production
option.
Upon signing this Bid, the bidder certifies that:
1. He/she has read and agrees to the requirements set forth in this proposal, including specifications, terms,
standard conditions, and any pertinent information regarding the articles being bid on.
2. Unless otherwise noted and explained, the unit bid and listed meets or exceeds all of these requirements as
specified by The City of Fayetteville.
3. The Bidder can and will comply with all specifications and requirements for delivery, d entation and support
as specified herein.
4. I, as an officer of this organization, or per the attached lett of authorization, am
thorized to certify the
information provided herein is accurate and true.
5. Bidder shall comply with all State and Federal♦E Opportunity nd N n- iscriminaequirements and
conditions of employment in addition to all fed 1, a , and loc aws.
6. Bidder shall disclose any possible conflict o with t yetteville i ut not limited to, any
relationship with any City of Fayetteville o e. Res s isclose i relationship exists between
any principal or employee of your firm n City of Fay e employ r- cted City of Fayetteville official.
If no relationship exists, this sho e stated i&IS
r response. disclose such a relationship may
result in cancellation of a purc or co auit of se.
1. N REION P EXIST
2.) RELATIOTS (P s in):
7. Bidder will perform the Wor cnpliance all a plicable trench safety standards set forth in Occupational
Safety and Health Admini a n OSHA) I*t9— Subpart P — Excavations.
8. As A bidder on r'cyou are r i o provide debarment/suspension certification indicating that you
are in complia e wit the bell o e ru x utive Order. Certification can be done by completing and signing
this form.
a. Federal Executive Order (E.O.) 12549 "Debarment and Suspension "requires that all contractors receiving
individual awards, using federal funds, and all sub -recipients certify that the organization and its
principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded by any Federal department or agency from doing business with the Federal Government.
b. Your signature below certifies that neither you nor your principal is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction
by any federal department or agency.
City of Fayetteville, AR
Bid 20-58, Construction — On -Call Electrical Services
Page 5 of 24
Unsigned bids will be rejected. Items marked * are mandatory for consideration.
*NAME OF FIRM:
*D/B/A or Corporation Name
*BUSINESS ADDRESS:
*CITY:
*PHONE:
*E-MAIL:
*BY: (PRINTED NAME)
*AUTHORIZED SIGNATURE:
*TITLE:
Purchase Order/Payments shall ,be issued to this name
*STATE:
FAX:
*ZIP:
DUNS NUMBER: CAGE BE :
*TAX ID NUMBER: `
Acknowledge Addendums: G
Addendum No. Dated: Ack d by:
Addendum No. Dated: wledge�d
Addendum No. Dated: cknow d �j►
Addendum No. Dated: kCJdged by:
ALL BIDDERS S
FAILURE TO SUB
ALLtL�7MP LTO%L�317ECHNICAL SPECIFICATION" SECTION WITH BID.
RES
NSI"qM'N THE PROVIDED "TECHNICAL SPECIFICATION" FORM
IN A COMPLE79--06FORMAT CAN RESULT IN BID REJECTION.
City of Fayetteville, AR
Bid 20-58, Construction — On -Call Electrical Services
Page 6 of 24
City of Fayetteville
Bid 20-58, Construction — On -Call Electrical Services
Instructions to Bidders
PART ONE - DEFINED TERMS
1.1 Terms used in these Instructions to Bidders which are defined in the General Conditions have the
meanings assigned to them in the General Conditions. Certain additional terms used in these
Instructions to Bidders have the meanings indicated below which are applicable to both the singular and
plural thereof.
1.2 Bidder - one who submits a Bid directly to City of Fayetteville as distinct from a sub -bidder, which
submits a bid to a Bidder.
1.3 Issuing Office - the office from which the Bidding Documents are to be issu where the bidding
procedures are to be administered.
1.4 Successful Bidder - the lowest, responsible, and resp idder aRi e City of Fayetteville (on
the basis of the City of Fayetteville's evaluation as herei fter pr kes an award.
PART TWO - COPIES OF BIDDING DOCUMENTS `
2.1 Complete sets of the Bidding Docume s e nu ♦ r the de m, if any, stated in the
Advertisement for Bids may be obt om the Is fice.
2.2 Complete sets of Bidding Doc e s must b d in prepari Neither City of Fayetteville nor
Architect assumes any r p s ' ity f ro or nt rp tions resulting from the use of
incomplete sets of Bid ment .
2.3 City of Fayetteville and chitect in a ng copies♦ id ng Documents available on the above terms
do so only for the purpose of o i Bids r ork and do not confer a license or grant for any
other use.
PART THREE -EXAMINATION 0 1 ND CON 49OCUMENTS
3.1 Bidders are a ised the Dr t�1tis a Specifications are on file at the City of Fayetteville Purchasing
Division and s II c stitut o� e in ormation which the City of Fayetteville shall furnish. No other
information given or soun ' g ade by the City of Fayetteville or any official thereof, prior to the
execution of said contract, sha ever become a part of, or change the contract, drawings, specifications
and estimates, or be binding on City of Fayetteville.
Prior to submitting any Bid, Bidders are required to: read carefully the Specifications, contract, and
Bonds; examine carefully all Drawings; visit the site of the Work to carefully examine local conditions;
inform themselves by their independent research and sounding of the difficulties to be encountered,
and all attending circumstances affecting the cost of doing the work, and the time specified for its
completion; and obtain all information required to make an intelligent bid.
City of Fayetteville, AR
Bid 20-58, Construction — On -Call Electrical Services
Page 7 of 24
3.2 Bidders shall rely exclusively upon their surveys, estimates, investigations, and other things which are
necessary for full and complete information upon which the bid may be made and for which a contract
is to be awarded. The Bid Form, providing for unit and lump sum prices bid by the Contractor, contains a
statement that all bids are made with the full knowledge of the difficulties and conditions that may be
encountered, the kind, quality and quantity of the plans, work to be done, excavation, and materials
required and with full knowledge of the drawings, profiles, specifications, and estimates and all
provisions of the contract and Bonds.
3.3
3.4
3.5
3.6
3.7
Bidders shall promptly notify Architect of all conflicts, errors, ambiguities, or discrepancies which Bidder
has discovered in or between the Contract Documents and such other related documents.
Information and data shown or indicated in the Contract Documents with respect to existing
Underground Facilities at or contiguous to the site is based upon information and data furnished to City
of Fayetteville and Architect by City of Fayetteville's of such Underground Faci i or others, and City of
Fayetteville and Architect do not assume responsibility for the accuracy or TL et ness thereof unless
it is expressly provided otherwise in the Supplementary Conditions.
On request, City of Fayetteville will provide each Biddle ccess toP,.ssary
o conduct such examinations,
investigations, explorations, tests, and studi as ach adder d fo s fission of a Bid.
Bidder must fill all holes and clean up and s re e site6fondi n completion of
such explorations, investigations, tests, an.
� w
Reference is made to the General R
is to be performed at the site bi
contractors) that relates to th wo
City of Fayetteville will p
Documents (other that**Q�t the
The submission of a Bid►will constu ut
complied with every requireme/r� k
performing and furnishin t I",f�yr,]�► rec
means, methods, techni uences,
indicated or expressly q� by thV
notice of all conflics, ambig iti
Documents a a written r
Contract Doc en are g a� fi
conditions for pe orming a lfurlishing t
n?ification
evi r others
id is to be s;
ras
neral nature of work that
Hsuutilities and other prime
On request, and as available,
access to or copies of Contract
ch work.
r incontro rti e representation by Bidder that Bidder has
Ar e �a without exception the Bid is premised upon
uire y e Contract Documents and applying the specific
0j pro dures of construction (if any) that may be shown or
803ct Documents, that Bidder has given Architect written
and discrepancies that Bidder has discovered in the Contract
is thereof by Architect are acceptable to Bidder, and that the
ent to indicate and convey understanding of all terms and
PART FOUR - AVAILABILITY OF LANDS FOR WORK AND WORK BY OTHERS
4.1 The lands upon which the Work is to be performed, rights -of -way and easements for access thereto and
other lands designated for use by Contractor in performing the Work are identified in the Contract
Documents. All additional lands and access thereto required for temporary construction facilities,
construction equipment, or storage of materials and equipment to be incorporated in the Work are to
be obtained and paid for by Contractor. Easements for permanent structures or permanent changes in
existing facilities are to be obtained and paid for by City of Fayetteville unless otherwise provided in the
City of Fayetteville, AR
Bid 20-58, Construction — On -Call Electrical Services
Page 8 of 24
Contract Documents.
PART FIVE - INTERPRETATION OF CONTRACT DOCUMENTS AND ADDENDA
5.1 If any person contemplating submitting a bid for construction of the Work is in doubt as to the true
meaning of any part of the proposed Contract Documents or finds discrepancies in or omissions from
any part of the proposed Contract Documents, he should submit a written request for interpretation
thereof to the Architect not later than seven days before the date set for bid opening. The person
submitting the request shall be responsible for its prompt delivery.
5.2 Interpretation or correction of proposed Contract Documents will be made only by Addendum to all
holders of Bidding Documents. Only questions answered by formal written Addenda will be binding.
Oral and other interpretations or clarifications will be without legal effect. City of Fayetteville will not be
responsible for any other explanations or interpretations of the proposed Con ocuments.
5.3 Addenda may also be issued to modify the Bidding Documents as advisable by City of
Fayetteville.
5.4 Bidder assumes all responsibility for checkin e Ci y's we it a ww.acc etteville.org for
updates and addenda issued to this project. `
PART SIX - APPROXIMATE ESTIMATE OF QUANTI
6.1 The provided estimate of quantitic pproxim e o nd shall e t basis for receiving unit price
bids for each item but shall n be onsidered b idders as ac tities that may be required for
the completion of the prop rk. Ho r, qua i e unit and lump sum prices bid for
each item, shall deter mount o id for c arison of Bids and aid in determining the
low and responsive Bid r e pur se of awardin he c tract, and will be used as basis for fixing
the amount of the requi d Bonds. •
PART SEVEN - PRICES
7.1 Bidders must state a pri e ach ite#* k named in the Bid Form. Unit and Lump Sum prices shall
include amounts su for the f rn hang of all labor, materials, tools, equipment, and apparatus of
every descrip t nstruc* c , nd finish completely all of the work as called for in the
Specifications Jated o e� in s.
7.2 Prices bid on the various item the Bid Form shall bear a fair relationship to the cost of the work to be
done. Bids which appear unbalanced and are deemed not to be in the best interest of City of Fayetteville
may be rejected at the discretion of City of Fayetteville.
7.3 By submission of a Bid, Bidder represents that Bidder has considered the entire Project and the Work
required and has reviewed the Drawings and Specifications to verify the full scope of the Work.
PART EIGHT- BID FORM
City of Fayetteville, AR
Bid 20-58, Construction — On -Call Electrical Services
Page 9 of 24
8.1 Bids are due as indicated in the Advertisement for Bids.
8.2 Bids must be made out in ink on the Bid Form included in these Bidding Documents. The unit price or
lump sum bid for each item must be stated in figures and in words in the appropriate blank spaces
provided on the Bid Form. The figures must be clear and distinctly legible so that no question can arise
as to their intent and meaning. In case of a difference in the written words and figures, the amount
stated in written words shall govern. Discrepancies between the multiplication of units of Work and unit
prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any
column of figures and the correct sum thereof will be resolved in favor of the correct sum.
L;�
3T,
FIR
Bids which are incomplete, unbalanced, conditional, or obscure or which contain additions not called
for, erasures, alterations, or irregularities of any kind or which do not comply with these Instructions to
Bidders may be rejected as informal or non -responsive at the option of City of Fayetteville. However,
City of Fayetteville reserves the right to waive technicalities as to changes, al r 'ons, or revisions and
to make the award in the best interest of City of Fayetteville.
Address sealed bids to City of Fayetteville and deliver address M n� e Advertisement for Bids
on or before the day and hour set for opening the bi . Enclos c pleted Bid Form and Project
Manual in a sealed envelope bearing the titIvf t e pr sect, th n e the Bid r idder's Arkansas
Contractor's License Number, and the da d our of t bid ning. I aled envelope is
delivered by a public carrier, it must be co a in anith velope add City of Fayetteville
and the attention of the project nam the s ibilit o see that the Bid is
received on time.
Acceptance of deductive alter to ' s is at the of Fayettev Z retion, as best services the City
of Fayetteville's interest. E ctive na , f pre be provided on the Bid Form. The
rice of the Bid for e e ive altern be the a unt to be deducted from the rice of the
p p
Total Base Bid if the C o a ettevi selects any o he a ernates. The unit price amount for each
alternate shall be the sa as the u it i amour I o the Bid.
No Bidder shall divulge t e' o�r lion in th id any person whomsoever, except those having a
partnership or other finan it rest with ; in e Bid, until after the bids have been opened.
PART NINE - SIGNATU
9.1
If the Bid is ride jy an i id f Lffirm name must be given, and the Bid Form signed by the
individual or a authori d a nt. If the Bid is made by a partnership, the firm name and the names
of each member must be giv , and the Bid signed by a member of the partnership, or a person duly
authorized. If the Bid is made by a company or corporation, the company or corporate name must be
given and the Bid signed by an officer or agent duly authorized. The corporate seal must be affixed and
attested by the secretary or an assistant secretary. The corporate address and state of incorporation
must be shown below the signature.
9.2 All names must be typed or printed in black ink below the signature.
9.3 The address and telephone number for communications regarding the Bid must be shown.
City of Fayetteville, AR
Bid 20-58, Construction — On -Call Electrical Services
Page 10 of 24
9.4 Powers of attorney, properly certified, for agents and others to sign Bids must be in writing and filed
with City of Fayetteville.
9.5 The Bid shall also contain a signed acknowledgment of receipt of all Addenda.
PART TEN - BID SECURITY
10.1
A five percent (5%) bid security, in the form of a bid bond, or cashier's check from a bank located in the
State of Arkansas, as stated in the Advertisement For Bids, shall accompany each bid. Bid bonds for the
difference in price between low bidder and second low bidder shall not be acceptable. The Successful
Bidder's security will be retained until City of Fayetteville receives a signed Agreement and required
Bonds and Certificates of Insurance. If the Successful Bidder fails to execute and deliver the Agreement
and furnish the required contract security within fifteen days after the N i of Selection, City of
Fayetteville may annul the Notice of Selection and the Bid security of that der it be forfeited.
10.2 The City of Fayetteville reserves the right to retain t urity ur
the Contract or until sixty (60) days after bid opening, hichevr1e
the second and third low bidder may be excl an for n equi
complete or thirty (30) days after bid openi phi ever is oner.
PART ELEVEN - PERFORMANCE BOND AND PAY ND `
11.1 Prior to signing the Agreement, C r ctor shal fur a surety
Bond, equal to one hundred p e o the contr t price. q
iTl5ssful Bidder enters into
Cash equivalent security of
nd aft Mr tabulations are
nce Bond and a payment
11.2 Contractor shall pay sin conn with the aining of said Bonds. The Bonds shall be
conditioned that Contr r I faith ly perform th ontr t and shall pay all indebtedness for labor
and materials furnished performKil
cons con such alterations and additions as prescribed
in this contract.
11.3 The surety company issui Bonds m t be solvent company on the "Surety Companies Annual
List" i hU.S.e r ent o h r n h Bonds r n i in n mount
st sued by the U S i� �asu y, and the o ds are of to be sued a s
greater than the un ng Iimita io for the surety company as set out therein.
11.4 In Arkansas, vail g law ia performance and payment Bonds on public works contracts
shall be execute y a resi nt I al agent who is licensed by the Insurance Commissioner to represent
the surety company executi said Bonds and filing with such Bonds his Power of Attorney as his
authority. The mere countersigning of the Bonds will not be sufficient.
11.5 The date of the Bonds, and of the Power of Attorney, must not be prior to the date of the contract. At
least two originals of the Bonds shall be furnished, each with Power of Attorney attached.
11.6 Bonds are to be approved by City of Fayetteville. If any Bonds contracted for become unsatisfactory or
unacceptable to City of Fayetteville after the acceptance and approval thereof, Contractor, upon being
notified to that effect, shall promptly execute and furnish acceptable Bonds in the amounts herein
City of Fayetteville, AR
Bid 20-58, Construction — On -Call Electrical Services
Page 11 of 24
specified. Upon presentation of acceptable Bonds, the unsatisfactory Bonds may be canceled at the
discretion of Contractor.
11.7 The bonds shall be presented to the City after being file marked at the Washington County Circuit
Clerk's Office. Multiple copies of the original bonds may be necessary for filing purposes.
PART TWELVE - CONTRACT TIME
12.1 The number of days within which, or the dates by which the Work is to be substantially completed and
also completed and ready for final payment is outlined in the Bid Form.
PARTTHIRTEEN - LIQUIDATED DAMAGES
13.1 Provisions for liquidated damages, if any, are set forth in the Bid Form.
PART FOURTEEN - SUBCONTRACTORS SUPPLIERS AND OTHERS
14.1 Contractor shall not assign or sublet all or any part of t s contra ho the prior written approval of
City of Fayetteville nor shall Contractor alloI s c sub ontract r c men �ntil approval of
workman's compensation insurance and p i a i y insu nce a ay be re pproval of each
subcontract by City of Fayetteville will in er relias tractor fro ligations as set out
in the Drawings, Specifications, contrac nds.
PART FIFTEEN -SUBSTITUTE AND "OR EQUA MS
15.1 Any reference to a particu or nj n fac e is i n f to establish an acceptable level of
quality for this urch or manu ors that a cluded in a bid that are of at least equal
q Y p q
quality, size and specifi o a to wh as been spec ' d, I be acceptable for consideration.
PART SIXTEEN - COMPLIANCE WITH STA ING `
16.1 A Contractor's License is r i d to bid pro ct, however, prior to executing the agreement with
h i f Fayetteville, e r r li n in r n with h requirements f A 1 t e C ty o t acto � ce sed accordance ce t the o Act 50,
Arkansas Acts of 19 "Arkansa S to Licensing Law for Contractors" for bids in excess of $20,000.
PART SEVENTEEN - Q LIFI TION IBILITY OF BIDDERS
17.1 To demonstrate qualifications perform the Work, each Bidder must be prepared to submit within five
days after bid opening, upon City of Fayetteville's or Architect's request, detailed written evidence such
as financial data, present commitments, and other such data as may be called for. Each Bid must contain
evidence of Bidder's qualification to do business in the State of Arkansas.
PART EIGHTEEN - DISQUALIFICATIONS OF BIDDERS
18.1 Any one or more of the following may be considered as sufficient for the disqualification of bidders and
the rejection of Bids.
City of Fayetteville, AR
Bid 20-58, Construction — On -Call Electrical Services
Page 12 of 24
18.2 More than one Bid Form for the same work from an individual, firm, partnership, or corporation under
the same or different names.
18.3 Evidence of collusion among bidders. Participants in such collusion may receive no recognition as
bidders for any future work.
18.4 Unbalanced Bid Forms in which the prices for some items are out of proportion to the prices for other
items, or changes written in, or amendments by letter, or failure to submit a unit price for each item of
work for which a bid price is required by the Bid Form, or failure to include all required contract
documents.
18.5 Lack of competency as revealed by the financial statement, experience, plant, and equipment
statements submitted. Lack of responsibility as shown by past work judge the standpoint of
workmanship and progress.
18.6 Uncompleted work which, in the judgment of City o teville, t Jyn or prevent the prompt
completion of additional work if awarded.
18.7 Being in arrears on existing contracts, in I' io with Ci of F teville, defaulted on a
previous contract.
PART NINETEEN - OPENING OF BIDS
19.1 Bids will be opened and read a u u licly at th lace where o be submitted in a room to be
designated by City of Faye e da f he ope stract of the amounts of the base
Bids and major altern i will be ilable to ' ders after the opening of Bids.
p g
PART TWENTY - CONSIDERATIO F BIDS
G
20.1 After the bids are opened a rfhe quan s ill be extended and totaled in accordance with the
bid prices of the accepted S.. This revie f th ids will confirm the low bidder.
20.2 In evaluating Bids, yettevill I consider the qualifications of Bidders, whether or not the Bids
comply with t r ed requi and such alternates, unit prices, and other data as may be
requested in t Bi orm o 0 e otice of Selection.
20.3 City of Fayetteville may cons r the qualifications and experience of Subcontractors, Suppliers, and
other persons and organizations proposed for those portions of the Work as to which the identity of
Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the
Supplementary Conditions. City of Fayetteville also may consider the operating costs, maintenance
requirements, performance data, and guarantees of major items of materials and equipment proposed
for incorporation in the Work when such data is required to be submitted prior to the Notice of
Selection.
PARTTWENTY-ONE - RIGHTTO REJECT BIDS
City of Fayetteville, AR
Bid 20-58, Construction — On -Call Electrical Services
Page 13 of 24
21.1 City of Fayetteville reserves the right to reject any and all Bids, to waive technicalities, and to advertise
for new bids. All Bids are subject to this reservation. City of Fayetteville reserves to itself the right to
decide which shall be deemed the lowest responsive and responsible Bid. Due consideration will be
given to the reputation, financial ability, experience and equipment of the Bidder.
21.2 City of Fayetteville also reserves the right to waive informalities not involving price, time or changes in
the Work and to negotiate contract terms with the Successful Bidder.
PART TWENTY-TWO -AWARDING OF CONTRACT
22.1 City of Fayetteville reserves the right to withhold the awarding of a contract a reasonable period of time
from the date of opening bids, not to exceed sixty (60) days except with the consent of the Successful
Bidder. The awarding of a contract upon a successful Bid shall give the Bidder o � ht to action or claim
against City of Fayetteville upon the contract until the contract is reduce w ti and signed by the
contracting parties. The letting of a contract shall not be complete until ntract is executed and
the necessary Bonds approved.
PART TWENTY-THREE - RETAINAGE
23.1 Provisions concerning retainage and Contr ights4o it securitie f retainage are set
forth in the Agreement. `
PART TWENTY-FOUR - SIGNING OF AGREEN�
24.1 When City of Fayetteville tice ec to th c I Bidder, it will be accompanied by
the number of unsign o parts of Bement a ' dicated in the Supplementary Conditions,
with all other written r ct ocu is at ached. ithin en (10) days thereafter, Contractor shall
sign and deliver the requ ed numb j
nterp* s f t Agreement and attached documents to City
of Fayetteville with the require Cer nsurance. Within ten (10) days thereafter City
of Fayetteville shall deliver or# igned co r rt to Contractor.
PART TWENTY-FIVE - MATERIA G NTY
25.1 Before any co ct�iva6ed4o- e ay be required to furnish a complete statement of the origin,
composition, m ufactu r II materials proposed to be used in the construction of the
Work, together h sampich may be subjected to tests provided for in the Specifications to
determine their quality and for the Work.
PART TWENTY-SIX - FAMILIARITY WITH LAWS
26.1 Bidder is presumed to be familiar with all federal, state, and city laws, ordinances, and regulations which
in any manner affect those engaged or employed in the Work, or the materials or equipment used, or
that in any way affect the Work and shall in all respects comply with said laws, ordinances, and
regulations. No claim of misunderstanding or ignorance on the part of Contractor will in any way serve
to modify the provisions of the contract. No representations shall be binding unless embodied in the
City of Fayetteville, AR
Bid 20-58, Construction — On -Call Electrical Services
Page 14 of 24
contract.
PART TWENTY-SEVEN -ADDITIONAL LAWS AND REGULATIONS
Bidders' attention is called to the following laws and regulations which may have an impact on the Work
and on the preparation of the Bid.
27.1 Americans with Disabilities Act.
27.2 Storm water discharge regulations, enacted under the Clean Water Act and administered by the
Arkansas Department of Environmental Quality (ADEQ) under a general permits program. Contractor
may be required to obtain coverage under general permit ARR001000 prior to commencing work at the
site.
27.3 Arkansas Act 291 of 1993, dealing with excavation safety, signed into law o ar h 1993.
PART TWENTY-EIGHT— PAST EXPERIENCE REQUIRED
28.1 All bidders shall have past experience in provVin imila work d sc ed for thi ect. The City of
Fayetteville reserves the right to reject for e a e exp ience minim r (4) references
are required. `
End of Section
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City of Fayetteville, AR
Bid 20-58, Construction — On -Call Electrical Services
Page 15 of 24
City of Fayetteville
Bid 20-58, Construction — On -Call Electrical Services
General Terms and Conditions
1. SUBMISSION OF BID & BID EVALUATION:
a. Bids shall be reviewed following the stated deadline, as shown on the cover sheet of this
document.
b. Bidders shall submit bids based on documentation published by the Fayetteville Purchasing
Division.
c. Bids shall be enclosed in sealed envelopes or packages addressed to the City of Fayetteville,
Purchasing Division, Room 306, 113 W. Mountain, Fayetteville, AR 72701. The name, address of
the firm and Bid RFP or RFQ number shall be on the outside of the packaging as well as on an
packages enclosed in shipping containers or boxes.
d. The City will not be responsible for misdirected bids. Vendor shoul urchasing Office at
479.575.8220 to ensure correct receipt of bid documents rior ning time and date
listed on the bid form.
e. Bidders shall have experience in privi i products d r rvices of ame or similar
nature. `
f. Bidder is advised that exceptions o y f the to on ined in t be identified in
its response to the bid. Failure d o may i y to d a a uch term non-
negotiable. Proposer's desir e exceptio o non-neg rm will not disqualify it
from consideration for a
g. Local time is defined me i a t e, Ar e due date of the deadline. Bids
shall be receiv e he time a by the is clock located in the Purchasing Division
Office.
h. Bids will be evalu ed and a r base o t st interest of the City of Fayetteville. The City
reserves the right to aw s in the, none, or by line item.
2. WRITTEN REQUESTS FOR INTEIIIISNAMNS OR CLARIWATION:
No oral interpretations willie 7%
documents. All questior ining
writing via e-mail e hasing4
response would p vid larific o
the contract documen s. The Ci wil
proposed bid made or given prior
e to any74ir to the meaning of specifications or any other contract
&te rms and conditions or scope of work of this bid must be sent in
ponses to questions may be handled as an addendum if the
r quirements of the bid. All such addenda shall become part of
hot be responsible for any other explanation or interpretation of the
he award of the contract.
3. DESCRIPTION OF SUPPLIES AND SERVICES:
Any reference to a particular brand or manufacturer is done in an effort to establish an acceptable level of
quality for this project. Brands or manufacturers that are included in bid that are of at least equal quality,
size, design, and specification as to what has been specified, will be acceptable for consideration only if
approved by the City of Fayetteville Purchasing Division. The City of Fayetteville reserves the right to accept
or reject any requested equal.
City of Fayetteville, AR
Bid 20-58, Construction — On -Call Electrical Services
Page 16 of 24
4. RIGHTS OF CITY OF FAYETTEVILLE BID PROCESS:
In addition to all other rights of the City of Fayetteville, under state law, the City specifically reserves the
following:
a. The City of Fayetteville reserves the right to select the bid that it believes will serve the best
interest of the City.
b. The City of Fayetteville reserves the right to accept or reject any or all bids.
c. The City of Fayetteville reserves the right to cancel the entire bid.
d. The City of Fayetteville reserves the right to remedy or waive technical or immaterial errors in
the invitation to bid or in bids submitted.
e. The City of Fayetteville reserves the right to request any necessary clarifications, additional
information, or data without changing the terms of the bid.
5. COSTS INCURRED BY BIDDERS:
All expenses involved with the preparation and submission of bids to the City, or a k performed in
connection therewith, shall be borne solely by the bidder(s). No payment will a r any responses
received, or for any other effort required of, or made by, e bidder(s) prior to cont ct commencement.
6. CONFLICT OF INTEREST:
a. The bidder represents that it presentlYh s o interest a s al quire no st, either direct
or indirect, which would conflict in a er with e per ance o required
hereunder, as provided in City of Fa et v e CocJ� S c 34.26 titl rity of City
Employee to Contract with the `
b. All bidders shall promptly nis Bwas i Purchasi in writing, of all potential
conflicts of interest fora ective b mess ssociati t est, or other circumstance
which may influence r to i fl e bidd nt or quality of services being
provided. Such writ n ti i ation i ntify t r sp ive business association, interest or
circumstance, of w idder ay un rtake and request an opinion to the City
as to whether th associatio st or c�c nce would, in the opinion of the City,
constitute a conflict of int JUntere e bidder. The City agrees to communicate
with the bidder its opi -mail fi s mail within thirty days of receipt of
notification.
7. WITHDRAWL OF PROPOSA CO
A bid may be withdraw pr r o the for the bid submittal, based on a written request from an
authorized repres ntat' the fir e r, a bid shall not be withdrawn after the time set for the bid
unless approved b h urcha g Di n.
8. LATE PROPOSAL OR MODIFICATI
Bid modifications received after the time set for the bid submittal shall not be considered. Modifications in
writing received prior to the deadline will be accepted. The City will not be responsible for misdirected bids.
Bidders should call the Purchasing Division at (479) 575-8220 to ensure receipt of their submittal
documents prior to opening time and date listed.
9. LOCAL, STATE, AND FEDERAL COMPLIANCE REQUIREMENTS:
a. The laws of the State of Arkansas apply to any purchase made under this bid. Bidders shall
comply with all local, state, and federal directives, orders and laws as applicable to this proposal
City of Fayetteville, AR
Bid 20-58, Construction — On -Call Electrical Services
Page 17 of 24
and subsequent contract(s) including but not limited to Equal Employment Opportunity (EEO),
Disadvantaged Business Enterprises (DBE), & OSHA as applicable to this contract.
b. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified
small, minority and women business enterprises to bid on and receive contracts for goods,
services, and construction. Also, City of Fayetteville encourages all general contractors to
subcontract portions of their contract to qualified small, minority and women business
enterprises.
10. PROVISION FOR OTHER AGENCIES:
Unless otherwise stipulated by the bidder, the bidder agrees to make available to all Government agencies,
departments, municipalities, and counties, the proposal prices submitted in accordance with said proposal
terms and conditions therein, should any said governmental entity desire to buy under this proposal.
Eligible Users shall mean all state of Arkansas agencies, the legislative and judicial branches, political
subdivisions (counties, local district school boards, community colleges, municipali e unties, or other
public agencies or authorities), which may desire to purchase under the terms c ions of the
contract.
11. COLLUSION:
The Proposer, by affixing his or her signature to this posa , agree to he lowing: 'r certifies that
his or her bid is made without previous unders Qkg, greem or c ection erson, firm or
corporation making a proposal for the same it d/or -Vrv' e nd is in all ir, without
outside control, collusion, fraud, or otherwi acti
12. RIGHT TO AUDIT FOIA AND JURISDICIT
a. The City of Fayetteville se the privil> e of auditing s records as such records
relate to purchases the C' vend
b. Freedom of In Act: C con cts an doc ents prepared while performing City
contractual wor re subject Arkansas F om of Information Act. If a Freedom of
Information Act r quest is %se ed to the o ayetteville, the (Contractor) will do
everything possible top e do a prompt and timely manner as prescribed in
the Arkansas Free f rmation A A. §25-19-101 et. seq.). Only legally authorized
photocopying co ant to h`5A may be assessed for this compliance.
c. Legal jurisdic� r solve an isp s shall be in Washington County, Arkansas with Arkansas
law ap � g o t e case,
13. CITY INDEMNIFIC ON `
The successful bidder(s) a reesC nify the City and hold it harmless from and against all claims,
liability, loss, damage or expense, including but not limited to counsel fees, arising from or by reason of any
actual or claimed trademark, patent or copyright infringement or litigation based thereon, with respect to
the goods or any part thereof covered by this order, and such obligation shall survive acceptance of the
goods and payment thereof by the City.
14. VARIANCE FROM STANDARD TERMS & CONDITIONS:
All standard terms and conditions stated in this request for bid apply to this contract except as specifically
stated in the subsequent sections of this document, which take precedence, and should be fully understood
by bidders prior to submitting a proposal on this requirement.
City of Fayetteville, AR
Bid 20-58, Construction — On -Call Electrical Services
Page 18 of 24
15. ADA REQUIREMENT FOR PUBLIC NOTICES & TRANSLATION:
Persons with disabilities requiring reasonable accommodation to participate in this proceeding/event,
should call 479.521.1316 (telecommunications device for the deaf), not later than seven days prior to the
deadline. Persons needing translation of this document shall contact the City of Fayetteville, Purchasing
Division, immediately.
16. PROCUREMENT POLICY FOR RECYCLED MATERIALS:
The City of Fayetteville wishes to encourage its bidders to use recycled products in fulfilling contractual
obligations to the City and that such practices will serve as a model for other public entities and private
sector companies.
17. PAYMENTS AND INVOICING:
The bidder must specify in their bid the exact company name and address which must be the same as
invoices submitted for payment as a result of award of this bid. Further, the succe idder is responsible
for immediately notifying the Purchasing Division of any company name chang , hi ould cause
invoicing to change from the name used at the time of the original bid. Payme i e made within thirty
days of invoice received. The City of Fayetteville is very cr rthy an ' I VK y any interest, fees, or
penalty for untimely payments. Payments can be processe rough bs ceptance of Visa at no
additional costs to the City for expedited payment�pr ssing. The Ci I n agree to onrefundable
deposit or retainer that would remain property tide i der ev if th urly wor y performed by
the bidder would not justify such fee.
The City will pay the awarded bidder base n it pric I on inv 'c 'I g�� ggress payments will be
made after approval and acceptance of d submis ' n invoice. s will be made within 30
pp
days of accepted invoice.
18. CANCELLATION:
a. The City resery t to c ncel O contr ct wi Lit cause by giving thirty (30) days prior
notice to the Co ractor in wr' of the inten to cancel or with cause if at any time the
Contractor fails t fulfill or aa'�'de y any o r or conditions specified.
b. Failure of the contract �t�c�rnply wi f e provisions of the contract shall be considered
a material breach tact and shall be se for immediate termination of the contract at the
discretion of the ayett 'll
c. In addition t a er legI r m dies available to the City of Fayetteville, the City reserves the
Y Y Y
right t anc d obtai* ther source, any items and/or services which have not been
del ive wi in the o m from the date of order as determined by the City of
Fayettevi e.
d. In the event sufficient budgeted funds are not available for a new fiscal period, the City shall
notify the vendor of such occurrence and contract shall terminate of the last day of the current
fiscal period without penalty or expense to the City.
19. ASSIGNMENT, SUBCONTRACTING, CORPORATE ACQUISITIONS AND/OR MERGERS:
a. The Contractor shall perform this contract. No assignment of subcontracting shall be allowed
without prior written consent of the City. If a bidder intends to subcontract a portion of this
work, the bidder shall disclose such intent in the bid submitted as a result of this bid.
City of Fayetteville, AR
Bid 20-58, Construction — On -Call Electrical Services
Page 19 of 24
b. In the event of a corporate acquisition and/or merger, the Contractor shall provide written
notice to the City within thirty (30) calendar days of Contractor's notice of such action or upon
the occurrence of said action, whichever occurs first. The right to terminate this contract, which
shall not be unreasonably exercised by the City, shall include, but not be limited to, instances in
which a corporate acquisition and/or merger represent a conflict of interest or are contrary to
any local, state, or federal laws. Action by the City awarding a proposal to a firm that has
disclosed its intent to assign or subcontract in its response to the bid, without exception shall
constitute approval for purpose of this Agreement.
20. NON-EXCLUSIVE CONTRACT:
Award of this bid shall impose no obligation on the City to utilize the vendor for all work of this type, which
may develop during the contract period. This is not an exclusive contract. The City specifically reserves the
right to concurrently contract with other companies for similar work if it deems such an action to be in the
City's best interest. In the case of multiple -term contracts, this provision shall appl arately to each item.
21. LOBBYING:
Lobbying of selection committee members, City of FayetttQe employees or e officials regarding
request for proposals, request for qualifications, bids or co a s, du rin tendency of bid protest, by
the bidder/proposer/protestor or any member of the idde s/propTeX'
estor's s and agent of the
bidder/proposer/protestor, or any person empl y lega eniated wit resenting an
organization that is responding to the request f sal, req ificatio bi r contract, or has
a pending bid protest is strictly prohibited ei n advert e or on a d hed by the City of
Fayetteville and shall be prohibited until ei er awar s the pr is i Ily resolved by the City
of Fayetteville; provided, however, not i ein shall p i a prosp a iv_ adder/proposer from
contacting the Purchasing Division s situati s suc as clari nd/or questions related to the
procurement process. For purp is pr is ying a t s II include but not be limited to,
influencing or attempting in e e tion - tion in ection with any request for proposal,
request for qualification, b ract t ugh �rect or ' dire ral or written communication or an
attempt to obtain goodwill persons a o titles Spe i in this provision. Such actions may cause any
request for proposal, request for qu bid o to be rejected.
22. ADDITIONAL REQUIREMENTS:
The City reserves the right t`addi o 6�A
rvices relating to this bid from the bidder. When
approved by the City as a� erl�ment to V)e�ract and authorized in writing prior to work, the
Contractor shall 1p gy 14 su �Tdditio*4%% irements as may become necessary.
23. ADD OR DELETE ACATIMNS OR
The City reserves the right to u to Ily add or delete locations and/or services, either collectively or
individually, at the City's sole option, at any time after award has been made as may be deemed necessary
or in the best interests of the City. In such case, the Contractor(s) will be required to provide services to this
contract in accordance with the terms, conditions, and specifications.
24. INTEGRITY OF BID DOCUMENTS:
Bidders shall use the original bid form(s) provided by the Purchasing Division and enter information only in
the spaces where a response is requested. Bidders may use an attachment as an addendum to the bid
form(s) if sufficient space is not available on the original form for the bidder to enter a complete response.
Any modifications or alterations to the original documents by the bidder, whether intentional or otherwise,
City of Fayetteville, AR
Bid 20-58, Construction — On -Call Electrical Services
Page 20 of 24
will constitute grounds for rejection of such response. Any such modifications or alterations a bidder wishes
to propose shall be clearly stated in the bidder's response and presented in the form of an addendum to the
original bid documents.
25. OTHER GENERAL CONDITIONS:
a. Bidder is presumed to be familiar with all federal, state, and city laws, ordinances, and regulations which
in any manner affect those engaged or employed in the Work, or the materials or equipment used, or
that in any way affect the Work and shall in all respects comply with said laws, ordinances, and
regulations. No claim of misunderstanding or ignorance on the part of Bidder or Proposer will in any way
serve to modify the provisions of the contract. No representations shall be binding unless embodied in
the contract.
101
C.
0
Prices shall include all labor, materials, overhead, profit, insurance, shipping, freight, etc., to cover the
products and services presented. Sales taxshaiinotbeinciudedin thebidprice. A plicable Arkansas sales
tax laws will apply when necessary but will not be considered in award of this o
Each bidder should state the anticipated number of days from the date of an order for
delivery of services to the City of Fayetteville. ,
Bidders must provide the City with their bids signed by employ vi legal authority to submit
bids on behalf of the bidder. The entire cost of p e arin and pr id g sponses s e borne by the
bidder. `
The City reserves the right to request an a it al infoo ' deems nom any or all
bidders after the submission deadline. `
The request for bid is not to be con as an offer, tract, or co itment of any kind; nor does
it commit the city to pay for an co s ncurred b idder in prep t shall be clearly understood
that any costs incurred by t ser in s o i to t s or proposal is at the bidder's own
risk and expense as a o g usine ity of Fa eville shall not be liable for
reimbursement to the e or an xpen e so in red, gardless of whether or not the proposal
is accepted. ♦`
If products, components, or ser`,c : er th t described in this bid document are proposed, the
bidder must include comp eptive litera r each. All requests for additional information
must be received within , ing dgYs �I win the request.
NOTE: Any uncertai
(479.575.822E
Fayetteville Prp
the scope of wig
ask questions to enable all b
e attention to Adonis Bwashi immediately via telephone
e-ar.gov). It is the intent and goal of the City of
Noida documents providing a clear and accurate understanding of
d/or goods to be provided. We encourage all interested parties to
to be on equal bidding terms.
Any inquiries or requests for explanation in regard to the City's requirements should be made promptly
to Adonis Bwashi, City of Fayetteville, Purchasing Agent via e-mail (abwashi@fayetteville-ar.gov) or
telephone (479.575.8220). No oral interpretation or clarifications will be given as to the meaning of any
part of this request for proposal. All questions, clarifications, and requests, together with answers, if
any, will be provided to all firms via written addendum. Names of firms submitting any questions,
clarifications, or requests will not be disclosed until after a contract is in place.
j. Any information provided herein is intended to assist the bidder in the preparation of proposals
necessary to properly respond to this bid. The bid is designed to provide qualified Proposers with
City of Fayetteville, AR
Bid 20-58, Construction — On -Call Electrical Services
Page 21 of 24
m
26
27
sufficient basic information to submit proposals meeting minimum specifications and/or test
requirements, but is not intended to limit a bid's content or to exclude any relevant or essential data.
Bidders irrevocably consent that any legal action or proceeding against it under, arising out of or in any
manner relating to this Contract shall be prevailed by Arkansas law. Proposer hereby expressly and
irrevocably waives any claim or defense in any said action or proceeding based on any alleged lack of
jurisdiction or improper venue or any similar basis.
The successful bidder shall not assign the whole or any part of this Contract or any monies due or to
become due hereunder without written consent of City of Fayetteville. In case the successful bidder
assigns all or any part of any monies due or to become due under this Contract, the Instrument of
assignment shall contain a clause substantially to the effect that is agreed that the right of the assignee in
and to any monies due or to become due to the successful bidder shall be subject to prior liens of all
persons, firms, and corporations for services rendered or materials supplied for the performance of the
services called for in this contract.
The successful bidder's attention is directed to the fact that all applicable Fe I tate laws,
municipal ordinances, and the rules and regulations of II authorities having Jurisd tion over the services
shall apply to the contract throughout, and they will be e d to be d� in the contract as though
written out in full herein. The successful bidder shal kee himself/ f f ly informe of all laws,
ordinances and regulations of the Federal, Staff, municipal g e nts or auth i i in any manner
affecting those engaged or employed in pro t se servi or in y way of c e conduct of the
services and of all orders and decrees of bo es ribun* h vi anyjurisd' thority over same.
If any discrepancy or inconsistency sho cover ontr ct n s or in the
specifications herein referred to, in r to any su w rdinance on, order or decree, s/he
shall herewith report the same in o City of ayet ille.
INVOICING: All invoices shall nted o i with t information listed below.
p
a. CityDe artme ered the s or servi
b. Order Date
c. Delivery date or t e date of rvi
d. Name of the City Employ!! equec ed up the goods, materials, or service
e. Bid Number that a pli s t purchas n nvoices. Amounts in the bid shall match invoicing.
ATTACHMENTS TO BID TS: `
a. Appendix I: V Invoice Sum ary4 or the last 4 years
C; r
City of Fayetteville
City of Fayetteville, AR
Bid 20-58, Construction — On -Call Electrical Services
Page 22 of 24
Bid 20-58, Construction — On -Call Electrical Services
Technical Specification:
ALL BIDDERS SHALL READ THIS "TECHNICAL SPECIFICATION" SECTION WITH BID. FAILURE
TO SUBMIT A RESPONSE ON THIS "TECHNICAL SPECIFICATION" FORM IN A COMPLETED
FORMAT CAN RESULT IN BID REJECTION.
BIDDING REQUIREMENTS:
1. GENERAL-
1.1 The City requires the services of an Electrical Contractor to provide labor, material, materials,
and equipment to perform repairs, new installations, and any necessar vice to various City
buildings and projects.
1.2 The City reserves the right to bid any project. is not an exclusive ract.
1.3 The contractor may be required to do eme genc repairs s ther tha rmal working
hours. The contractor shall be in a posit e availabl o wenty-fo hour basis for
such emergency work. Contractor s I de a res se t e.
1.4 On site emergency response ti e no e one ( h r f r notification. Regular
response time shall be no m two to e ys after c Bidder shall include
mileage and travel time this agr me . The Cit s all t assume mileage or travel
time costs.
1.5 The Cityantici 00 of ser i r various ects during the each contract term. This
J g
quantity is appr a e nd re Bents the est ted quirement for the contract period.
1.6 The City shall not be obli purc M r less than the estimated quantities listed.
The City reserves the 4Purchase re r less via an on -call basis depending upon actual
needs during the cc r period.
V
1.7 Bidders shall evidence t t t have past experience in the type of work as outlined in
the bid c .ca ons a4 lude specific experience. A minimum of three (3) references
must sub itted w' �h
1.8 Contractor shall hav a licensed electrical contractor with the State of Arkansas for a
minimum of five (5) years. Current valid contractor's license is required and shall be valid at time
of bid.
1.9 The Bidder shall possess the correct occupational licenses, all professional licenses and any other
authorizations necessary to carry out and perform the work required by the project ATTHE TIME
OF BID SUBMISSION pursuant to all applicable Federal, State, and Local Laws, Statutes,
Ordinances, and rules and regulations of any kind.
1.10 The Contractor shall be responsible for obtaining all required permits; however, fees for all
City of Fayetteville, AR
Bid 20-58, Construction — On -Call Electrical Services
Page 23 of 24
permits will be waived and shall not be included in pricing.
1.11 All work shall be performed in a good, workmanship like manner and shall conform to codes
enforced by the City Inspection Division.
1.12 In the event a project is deemed to exceed $20,000, the City department requesting service and
the Purchasing department shall be notified immediately.
1.13 Labor quoted shall include all labor cost, insurance, overhead, profit, travel time, mileage, etc.
Prices quoted shall be firm for the term of the contract.
1.14 The Contractor shall employ a competent and thoroughly experienced superintendent capable
of handling all phases of each project including any necessary assistants to complete each
project. When any work under this contract is being performed, the City and necessary
employees shall be present at the job site. The Superintendent shall re t the Contractor in
his absence and all directions given to him shall be as binding as if t Contractor.
1.15 Major and important directions shall be confir writing ractor, other directions
shall be so confirmed upon written request of t Contra
1.16 The Superintendent shall be in com * a spon ' le ch of the r the
Contractor and shall not be superse ►any other onnel of th t or. The
Contractor shall submit the nam prop o d tenden f r tractor and shall
furnish a telephone number rs thr i the Su ent may be reached 24
hours each day of the contr ration.
1.17 The Contractor shall effici t ion fo r using his best skill and attention.
He shall carefu
report at once
discover, but he
: d ompa wings, fications, and other instructions and shall
F ject N*ager ny err inco istency, or omission which he may
all not be Yd atponsil4e J77V existence or discovery.
In the event the City b nhapp oars billed on projects, quality of work, timeliness
of performance or j� th manner, th reserves the right to cancel this contract within
thirty (30) days
Any wor
Facilitl
Any other work ord
tice *nct�alty to the City.
4L�ll City Owned and Leased Buildings will
be directed from
ciated will be directed through their respective division.
City of Fayetteville, AR
Bid 20-58, Construction — On -Call Electrical Services
Page 24 of 24
Aft CITY OF
FAYETTEVILLE
ARKANSAS
Vendor Invoice Summary
Invoice Date Range 01/01/17 - 12/31/17
Sort By Vendor
Vendor Number of Invoices Total Invoice Amount
5974 - King Electrical Contr Inc 73 128,841.77
Grand Totals 73 $128,841.77
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Aft CITY OF
FAYETTEVILLE
ARKANSAS
Vendor Invoice Summary
Invoice Date Range 01/01/18 - 12/31/18
Sort By Vendor
Vendor Number of Invoices Total Invoice Amount
5974 - King Electrical Contr Inc 61 147,085.45
Grand Totals 61 $147,085.45
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Aft CITY OF
FAYETTEVILLE
ARKANSAS
Vendor Invoice Summary
Invoice Date Range 01/01/19 - 12/31/19
Sort By Vendor
Vendor Number of Invoices Total Invoice Amount
5974 - King Electrical Contr Inc 81 115,809.15
Grand Totals 81 $115,809.15
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Run by Adonis Bwashi on 06/09/2020 02:09:57 PM Page 1 of 1
Aft CITY OF
FAYETTEVILLE
ARKANSAS
Vendor Invoice Summary
Invoice Date Range 01/01/20 - 06/09/20
Sort By Vendor
Vendor Number of Invoices Total Invoice Amount
5974 - King Electrical Contr Inc 31 51,289.00
Grand Totals 31 $51,289.00
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Run by Adonis Bwashi on 06/09/2020 02:10:23 PM Page 1 of 1
Bid 20-58, Addendum 1
Date: Tuesday June 16, 2020
To: All Prospective Vendors
From: Adonis Bwashi — 479.575.8220 — abwashi@fayetteville-ar.gov CITY OF
RE: Bid 20-58, Construction — On -Call Electrical Services FAY E T T E V I L L E
ARKANSAS
This addendum is hereby made a part of the contract documents to the same extent as though it were originally included
therein. Bidders should indicate their receipt of same in the appropriate blank of the orm. BIDDERS SHOULD
ACKNOWLEDGE THIS ADDENDUM ON THE DESIGNATED LOCATION ON THE BID FORM. w
P
1. This Addendum includes a revised bid form which sh II be sed by er Failure to ubmit the correct
revised bid form in a printed sealed format shaIV in bid rejecti n. i ers shall s I a copy of the
enclosed revised bid form, this addendum, a er requi d doc ents
2. Clarification attached are as follows: '♦
a. The Bid Table for Bid 20-5 ed docu ent) s been u to . lease download, complete,
and re -upload Bid Table h ef.# BT-07 h descri io B 20-58, CONSTRUCTION — ON -
CALL ELECTRICAL SER C ase i R .# BT- h Table has been consolidated to
facilitate submis otal B se I a culati n.
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City of Fayetteville, AR
Bid 20-31, Addendum 1
Page111
Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701
Bid 20-58, Addendum 2
Date: Wednesday July 1, 2020
To: All Prospective Vendors
From: Adonis Bwashi — 479.575.8220 — abwashi@fayetteville-ar.gov CITY OF
RE: Bid 20-58, Construction — On -Call Electrical services FAY E T T E V I L L E
ARKANSAS
This addendum is hereby made a part of the contract documents to the same extent as though it were originally included
therein. Bidders should indicate their receipt of same in the appropriate blank of the or . BIDDERS SHOULD
ACKNOWLEDGE THIS ADDENDUM ON THE DESIGNATED LOCATION ON THE BID FORM. w
V
This Addendum includes a deadline clarification which sh II b sed by e
1. Clarification confirmed are as follows: `
a. Bid Deadline: Tuesday, July 07, ore 2• ♦� , ocal i e�
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City of Fayetteville, AR
Bid 20-31, Addendum 1
Page111
Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701
Contract for Bid 20-58
Appendix B
Bid Submittal —
King Electric
D/B/A Austin King., Inc.
Responses
Success: All data is valid!
Numeric
DESCRIPTION Quantity Unit of Measure Unit Price
i
COST
SECTION B: HOURS (ESTIMATED ANNUAL)
Success: All values provided #1-1 Journeyman Electrician - Straight/Regular Time 500 Hour $ 40.00 $ 20,000.00
Success: All values provided
#1-2
Journeyman Electrician - Nights and Weekends
25
Hour
$ 54.00
$ 1,350.00
Success: All values provided
#1-3
Journeyman Electrician - Holiday
10
Hour
$ 54.00
$ 540.00
Success: All values provided
#1-4
Apprentice Electrician - Straight/Regular Time
500
Hour
$ 30.00
$ 15,000.00
success: All values provided
#1-5
Apprentice Electrician - Nights an Weekends
25
Hour
$ 40.00
$ 1,000.00
Success: All values provided
#1-6
Apprentice Electrician - Holidays
10
Hour
$ 40.00
$ 400.00
Success: All values provided
#1-7
Electrician's Helper - Straight/Regular Time
500
Hour
$ 10.00
$ 5,000.00
Success: All values provided
#1-8
Electrician's Helper - Nights and Weekends
25
Hour
$ 14.00
$ 350.00
Success: All values provided
#1-9
Electrician's Helper - Holidays
10
Hour
$ 14.00
$ 140.00
Success: All values provided
#1-10
Foreman/Supervisor - Straight/Regular Time
200
Hour
$ 40.00
$ 8,000.00
Success: All values provided
#1-11
Foreman/Supervisor - Nights and Weekends
25
Hour
$ 54.00
$ 1,350.00
Success: All values provided
#1-12
Foreman/Supervisor - Holidays
10
Hour
$ 54.00
$ 540.00
Success: All values provided
#1-13
General Laborer - Straight/Regular Time
300
Hour
$ 11.00
$ 3,300.00
Success: All values provided
#1-14
General Laborer - Nights and Weekends
20
Hour
$ 15.00
$ 300.00
Success: All values provided
#1-15
General Laborer - Holidays
10
Hour
$ 15.00
$ 150.00
SECTION A: MATERIALS (ESTIMATED ANNUAL)
T—
Success: All values provided
#2-1
Material (Cost plus %) $0-$100
1000
Mark up %
$ 1.15
$ 1,150.00
Success: All values provided
#2-2
Material (Cost plus %) $101-$500
1000
Mark up %
$ 1.15
$ 1,150.00
Success: All values provided
#2-3
Material (Cost plus %) $501-$1000
5000
Mark up %
$ 1.15
$ 5,750.00
Success: All values provided
Success: All values provided
#24
#2-5
Material (Cost plus %) $1001-$5000
Rental Equipment (Cost plus %)
5000
Mark up %
$ 1.15
$ 5,750.00
10000
Mark up %
$ 1.00
$ 10,000.00
Success: All values provided
#2-6
Material (Cost plus %) $5000 and up
65000
Mark up %
$ 1.10
$ 71,500.00
City of Fayetteville, Arkansas
_CITY O F Purchasing Division — Room 306
FAYETTEVILLE 113 W. Mountain
A R K A N S A S Fayetteville, AR 72701
Phone: 479.575.8220
TDD (Telecommunication Device for the Deaf): 479.521.1316
INVITATION TO BID: Bid 20-58, Construction — On -Call Electrical Services
DEADLINE: Tuesday, July 07, 2020 before 2:00:00 PM, Local Time
PRE -BID: Thursday, June 25, 2020 at 2:00 PM; Local Time
DELIVERY LOCATION: Room 306 —113 W. Mountain, Fayetteville, AR 72701
PURCHASING AGENT: Adonis Bwashi, abwashiPfavetteville-ar gov
DATE OF ISSUE AND ADVERTISEMENT: Friday June 14 and June 21, 2020
INVITATION TO BID
Bid 20-58, Construction - On -Call Electrical Services
No late bids will be accepted Bids shall be submitted in sealed envelopes labeled with the name and address of
the bidder. All bids shall be submitted in accordance with the attached City of Fayetteville specifications and
bid documents attached hereto. Each bidder is required to fill in every blank and shall supply all information
requested; failure to do so may be used as basis of rejection.
The undersigned hereby offers to furnish & deliver the articles or services as specified, at the prices & terms
stated herein, and in strict accordance with the specifications and general conditions of bidding, all of which are
made a part of this offer. This offer is not subject to withdrawal unless upon mutual written agreement by the
Proposer/Bidder and City Purchasing Manager.
Name of Firm: VK IAJ �lcc�/►C
Contact Person: 647et'S f' rn
Title:
E-Mail: �iNfLI'S & C k'Jtt f cJtL�r0e,. tAr Phone: y 7S• 9W3-0006
Business Address:
City: ti - evd
i 4> W Mobile,Cwnt
Signature: [ /`75 /I— t
City of Fayetteville
City of Fayetteville, AR
Bid 20-58, Construction — On -Call Electrical Services
Page 1 of 24
State: Ak Zip: %Z 7 0 y
Date: 6` 1 --l- Z 0
City of Fayetteville, Arkansas
Bid 20-58, Construction - On -Call Electrical Contractor
Date Issued:
Wednesday, June 02, 2020
Deadline:
Thursclay, July 16, 2020 before 2:00 PM, local time
F.O.B
Purchasing Agent Contact Information
Fayetteville, Arkansas as needed
Adonis Bwashi, (479) 575-8256, abwashi@fayetteville-ar.gov
SECTION A: Materials (Estimated Annual
ITEM
DESCRIPTION
MARK UP %
CONTRACTORS
MATERIAL COST
ESTIMATED MATERIAL COST
ESTIMATE
WITH MARK UP %
1
Material (Cost plus %) $0-$100
• $ 1,000.00
= $ , 1 SD "e
2
Material (Cost plus %) $101-$500
/ S %
e $ 1,000.00
= $ rT
3
Material (Cost plus %) $501-$1000
$ 5,000.00
= $
4
Material (Cost plus %) $1001-$5000
x $ 5,000.00
= $ 5-'7
5
Material (Cost plus %) $5000 and up
/ 0
1 roo.
6
Rental Equipment (Cost plus %)
Q
Total Bid, Section A (Items 1-6): $
Section B. Hours (Estimated Annual)
ITEM
DESCRIPTION
ESTIMATED HOURS PER
PRICE/HOUR
ESTIMATED COST
7
Journeyman Electrician - Straight/Regular Time
500
" $ Q, 0 0
=
$
2 ,Otto,
8
Journeyman Electrician - Nights and Weekends
25
" 5 t-t� do
J
=
$ 3 5-0. v"
9
Journeyman Electrician - Holiday
10
0t9
" $ �H.
_
✓•
$ ,Tyo.
10
Apprentice Electrician - Straight/Regular Time
500
. 00
=
$
5 O
11
Apprentice Electrician - Nights an Weekends
25
.
q o.00
=
$ vo
5
Q 00,
12
Apprentice Electrician - Holidays
10
0 0
5 40,
$ y00.^'
13
Electrician's Helper - Straight/Regular Time
500
. $ /O 00
=
$,D 00,
S
14
Electrician's Helper- Nights and Weekends
25
.
14.00
=
$
5
3 So,
15
Electrician's Helper- Holidays
10
0'
" $ lN.
5 w
19 0,
16
Foreman/Supervisor- Straight/Regular Time
200
• $ 40.pa
-
$ fV000, v
17
Foreman/Supervisor- Nights and Weekends
25
x $ 3—qt 0
=
$
18
Foreman/Supervisor- Holidays
10
* $ ) H to
=
$
540.
19
General Laborer - Straight/Regular Time
300
.$
1.00
20
General Laborer - Nights and Weekends
20
$ �y' 0 0
$ 3 00
21
General Laborer - Holidays
10
, 5 s� 0 0
Total Bid, Section B (Items 7-21):
$ f 7yZ0,'"'
Total Base Bid Jn
s 1�2,?z0J
Section A + Section B (Sum of Items 1-21):
NAME OF FIRM
CIJ')G
age4of24
THIS BID FORM CONTINUES ON THE NEXT PAGE.. .
EXECUTION OF BID -
Actual specification of any deficient item shall be noted on the bid sheet or separate attachment. If specifications of item bid
differ from provided literature, deviation shall be documented and certified by the manufacturer as a regular production
option.
Upon signing this Bid, the bidder certifies that:
1. He/she has read and agrees to the requirements set forth in this proposal, including specifications, terms,
standard conditions, and any pertinent information regarding the articles being bid on.
2. Unless otherwise noted and explained, the unit bid and listed meets or exceeds all of these requirements as
specified by The City of Fayetteville.
3. The Bidder can and will comply with all specifications and requirements for delivery, documentation and support
as specified herein.
4. I, as an officer of this organization, or per the attached letter of authorization, am duly authorized to certify the
information provided herein is accurate and true.
5. Bidder shall comply with all State and Federal Equal Opportunity and Non -Discrimination requirements and
conditions of employment in addition to all federal, state, and local laws.
6. Bidder shall disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any
relationship with any City of Fayetteville employee. Response shall disclose if a known relationship exists between
any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official.
If no relationship exists, this should also be stated in your response. Failure to disclose such a relationship may
result in canc71.)
of a purchase and/or contract as a result of your response.
NO KNOWN RELATIONSHIP EXISTS
2.) RELATIONSHIP EXISTS (Please explain):
7. Bidder will perform the Work in compliance with all applicable trench safety standards set forth in Occupational
Safety and Health Administration (OSHA) Part 1926 —Subpart P — Excavations.
8. As A bidder on this project, you are required to provide debarment/suspension certification indicating that you
are in compliance with the below Federal Executive Order. Certification can be done by completing and signing
this form.
a. Federal Executive Order (E.O.) 12549 "Debarment and Suspension"requires that all contractors receiving
individual awards, using federal funds, and all sub -recipients certify that the organization and its
principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded by any Federal department or agency from doing business with the Federal Government.
b. Your signature below certifies that neither you nor your principal is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction
by any federal department or agency.
City of Fayetteville, AR
Bid 20-58, Construction— On -Call Electrical Services
Page 5 of 24
Unsigned bids will be rejected. Items marked* are mandatory for consideration.
*NAME OF FIRM: /' ` 1,4( G
Purchase Order/Payments shall be issued to this name
*D/B/A or Corporation Name
*BUSINESS ADDRESS: 2) L% 5_ W m oo /'�f_ ,t....
*CITY: gG-*STATE: -If4 *ZIP: 7z'10`1
*PHONE: i 7'1 LN3Ooob FAX:
*E-MAIL: C�etiJGWS`VtcvtYf
*BY: (PRINTED NAME) GN rt S l�1pr�(
*AUTHORIZED SIGNATURE:
*TITLE: I t 5l j c� k
DUNS NUMBER:
*TAX ID NUMBER: 6 Z' l 66 7 OO c
Acknowledge Addendums:
CAGE NUMBER:
Addendum No. Dated: -16' R O Acknowledged by:
Addendum No. 2 Dated: - - o Acknowledged by:
Addendum No. Dated:
Addendum No. Dated:
Acknowledged by:
Acknowledged by:
ALL BIDDERS SHALL COMPLETE THE "TECHNICAL SPECIFICATION" SECTION WITH BID.
FAILURE TO SUBMIT A RESPONSE ON THE PROVIDED `TECHNICAL SPECIFICATION" FORM
IN A COMPLETED FORMAT CAN RESULT IN BID REJECTION.
City of Fayetteville, AR
Bid 20-58, Construction — On -Call Electrical Services
Page 6 of 24
iJ�yz�ev�l�� ,�lrtrt„ss
® R IA Document A310'M — 2010
Z
CONTRACTOR:
SURETY:
(Name, legal status and address)
(Name, legal status and principal place
King Electrical Contractors, Inc.
of business)
2145 W. Moore Lane
United Fire & Casualty Company
Fayetteville, AR 72704
P. O. Box 73909
Cedar Rapids, IA 52407
OWNER:
(Name, legal slants and address)
City of Fayetteville, Arkansas
113 W. Mountain
Fayetteville, AR 72701
BOND AMOUNT: $Five Percent of Bid Amount ---- (5%)
PROJECT:
(Name, location or address, and Project number, ifanv)
Bid 20-58, Construction - On -Call Electrical Services
The Contractor and Surety are bound to the Owner in the amount set birth above, for the
payment of which the Contractor and Surety bind them selves, their heirs, executors,
administrators, successors and assigns, jointly and severally, as provided herein. The
conditions of this Bond are such that i f the Owner accepts the bid of the Contractor with in
the time specified in the bid documents, or within such time period as may be agreed to by
the Owner and Contractor, and the Contractor either (1) enters into a contract with the
Owner in accordance with the terms or such bid, end gives such bond or bonds as may he
specified in the bidding or Contract Documents, with a surety admitted in thejurisdiction
of the project and otherwise acceptable to the Owner, for the faithful performance of such
Contract and for the prompt payment of labor and material furnished in the prosecution
thereof, or (2) pays to the Owner the difference, not to exceed the amount of this Bond,
between the amount specified in said bid and such larger amount for which the Owner may
in good faith contract with another party to perform the work covered by said bid, then this
obligation shall be null and void, otherwise to remain in full force and effect. The Surety
hereby waives any notice of an agreement between the Owner and Contractor to extend the
time in which the (hvner may accept the bid. Waiver of notice by the Surety shall not apply
to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance
of bids specified in the bid documents, and the Owner and Contractor shall obtain the
Surety's consent for an extension beyond sixty (60) days.
If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term
Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be
deemed to be Contractor.
When this Bond has been furnished to comply with a statutory or other legal requirement in
the location of the project, any provision in this Bond conflicting with said statutory or
legal requirement shall be deemed deleted herefrom and provisions conforming to such
statutory or other legal requirement shall be deemed incorporated herein. When so
furnished, the intent is that this Bond shall be construed as a statutory bond and not as a
common law bond.
ADDITIONS AND DELETIONS:
The author of this document has
added information needed for its
completion. The author may also
have revised the text or the original
AIA standard form. An Additions and
Deletions Reportthat notes added
information as well as revisions to the
standard farm lexl is available from
the author and should be reviewed. A
vertical line in the left margin ofthis
document indicates where the author
has added necessary information
and where the author has added to or
deleted from the original AIA text.
This document has important legal
consequences. Consultation with an
attorney is encouraged with respect
to its completion or modification.
Any singular reference to Contractor.
Surely, Owner or other party shall be
considered plural where applicable.
Init. 'w Document A310'"'-2010. Copyright?1963,1970 and 2010 by The American Institute of Architects. All rights reserved. WARNING: This AJA°Document
Is protected by U.& Copyright Law andInternational Trealies. Unauthorized reproduction or distribution of this AIA" Document, or any portion or it,
may result in severe civil end criminal penalties, and will be prosecuted to the maximum extent possible under the law.
Signed and sealed this 7th day of July
(Witness)
(Witness}
2020
King Electrical Contractors. Inc
(Contractor asPrrncipal) (Seat)
(Title)
United Fire & Casualty Company
( ' a(1
(Title) Pamela K. Hays, Attorney-in-Fsel
hill. AIA Document A310'--2010. Copyright 2-1963, 1970 and 2010 by The American Institute ofM<hdects. All rights reserved. WARNING: This AIA' Document
Is protected by U.S. Copyn9M Lew and International Treaties. Unauthorized reproduction or dbtributlon or this AIA" Docuroen6 or any portion or it,
may result in severe civil and criminal penalties. and will be prosecuted to the maximum extent possible under the law. 2
+ I INII'ED FIIZI &. CASUALTY COMPANY, CEDAR RAPIDS, IA Inquiries: Surety Department
ufg UNITED TIRE & INDEMNITY COMPANY, WEBSTER, Tk 118 Second Ave SE
FINANCIAL. PACIFIC INSURANCE COMPANY, ROCKLIN, CA Cedar Rapids, IA 52401
-NSURAN'CE CERTIFIED COPY OF POWER OF ATTORNEY
(original on fife at [ionic Office of Company - See Certification)
KNOW ALL PERSONS 13Y TIILSI- PRLSENTS, That United Fire & Casualty Company, a corporation duly organized and existine trader die laws
of die State of Iowa; United Fire & Indemnity Company, a corporation duly organized and existing under the laws of die State of Texas; and
Financial Pacific Insurance Company, a corporation duly organized and existing under die laws of the State of California (herein collectively called
the Companies), and hawing their corporate headgnvlers in Cedar Rapids, State of Iowa, does make, constitute and appoint
WILLIAM H. GRIFFIN, CYNTHIA L. TRICKEY, NICK W. PETERS. JAMES R. RAMSAY, PAMELA K. HAYS, GRANT
HUDDLESTON, EACH INDIVIDUALLY
their true and lawful Auomey(s)-in-Pact wall power and authority hereby conferred to sien, seal and execute in its behalf all lawful bonds,
undertakings and other obligatory instruments of similar an provided that no single obligation shall exceed $10, 000, 000. 00
and to bind the Companies thereby as fully and to die saute extent as if such instruments were signed by die duly authorized officers of the Companies
and all of die acts of said Attorney, pursuant to die authority hereby given and hereby ratified and confirmed.
The Authority hereby granted shall expire die 18th day of February, 2021 unl ess sooner revoked by United Fire & Casualty
Company, United Fire & Indemnity Company, and Financial Pacific Insurance Company,
This Power of Attorney is made and executed pursttut to and by authority of the following bylaw duly adopted on May 15, 2013, by the Boards of
Directors of l-huted Fire & Casualty Company. United Fire & Indemnity Company, mid Financial Pacific Insurance Company.
"Article VI — Surely Ronde and Itndertakingt"
Section 2, Appointment of Niamey -in -Fact. "The President or any Vice President, or any other officer of the Companies may, from time to time, appoint by written
certificates altomevs-m-fact to act in behalfof the Companies in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature.
line signature of any officer authorized hereby, and the Corporate seal, may be affixed by facsimile to any power of attorney or special poster of attorney or certification of
either authorized hereby; such signature and seal, when so used, being adopted by the Companic% as the original signature of such officer and me original seal of the
Companies, to be solid and binding upon the Companies with the same force and effect as though manually at!gsell,ina sixth Lureatteof such offs subject to the limitations set he
forth in (heir respeclisc certificates of authority dull have hdl paver to bind tie Companies by (heir signature hof
ad execution of any such instruments and to attach the seal
the Companies thereto. The Presiderrl or :my Vice President, the Board of Directors or any other officer of the Companies may at any time rcwke all power and authority
previously given to any anomey-sea-fact.
,,^,a,,,,, R G��� ° IN WITNESS WHEREOF, the COMPANIES have each caused these presents to be siaud by its
p��J••�ej°b�ry� •a• e'�Yj��y 3Q"ot O�cAjvice president and its corporate seal to be hereto affixed this 18th day of February, 2019
[ORIhRA F
'.+ mRroReha G a('we.:z T._ cf UNII'L'll FIRE& CASIIAL'1'Y COMPANY
Z snap ' - t sr.r raG [INITED FIRG & INDEMNITY max, COMPANY
°+ •n..n oP� FINANCIAL PACIFIC INSURAN
yC/JE COMPANY
State of Iowa, Comity of Linn, xs:
Vice President
On 18th day of Februar2019, before me personally came Dennis J. Richmann
to me known, w' o being by me t my sworn, dad depose and say; that he resides in Cellar Rapids, State of Iowa; that he is a Vice President of United Fire
& Casualty Company, a Vice President of United Fire & indenmity Company, and a Vice President of Firiancial Pacific Insurance Company the
corporations described in and which executed the above instrument; dial he Lanus We seal of said corporations; that die seal affixed to die said
instrument is such corporate seal; that it was stir affixed pursuant to authority given by die Board of Directors of said corporations and that be signed his
name thereto pursuant to like authority, and acknowledges same to be the act mid deed of said corporations.
A-1
Pale wacidell
Iowa Notarial Seal
Commissionnumber 71327a Notary Public
My Commission Expires 10/26/2019
My commission expires: 10/26/2019
1, Mary A. Bertsch, Assistant Secretary of United Fire & Casualty Company and Assistant Secretary of Llruted Fire & Indemnity Company, and Assistant
Secretary of Financial Pacific Insurance Company, do hereby citify that 1 have connpared the foregoing copy of the Power of Attorney and affidavit, and
die copy of the Section of die bylaws and resolutions of said Corporations as set forth in said Power of Attorney, with the ORIGINALS ON FiLE IN' THE
HOME OFFICE OF SAID CORPORATIONS, and that die same are correct transcripts thereof, and of file whole of the said origehal , ao that the said
Power of Attomey has not been revoked and is now in full force and effect.
In testimony whereof 1 have !!hereunto subscribed my name and affixed the corporate seal of the said Corporations
this q`� day of J (A , 20—}-O .
• kc
x'� ate.! ey♦ +ld .-'-�?"e
OR .R� tJE
COPMR It G 7 x'a" e� O_\/_,A{(/fI�'
tin Ap -Al � i9B aC By: `•'?`/ V ��JJrr'�'
n !
,Nw �4FOA/. !� Assistant Secrets
..... n,^,,,;;o`°s oi,,,...... � ,,0000 OF&C& 1111.11 &•FDIC
RPOA00I5 122017
This paper has a colored background and void pantograph.
Contract for Bid 20-58
Appendix C
Recommendation for Award
CITY PF
FAYETTEVILLE
ARKANSAS
BID TABULATION
Bid 20-58, CONSTRUCTION - ON -CALL ELECTRICAL CONTRACTOR
3M Electric LLC
Axis Electric, LLC
King Electric
Midland Industrial Services,
Multi- Craft Contractors
Total Cost
$237,187.50
$231,890.00
$152,720.00
$236,350.00
$221,5SS.00
Selected #
0
0
21
0
0
Selected ($)
$0
$0
$152,720.00
$0
$0
Unit
Unit
ESTIMATED
Unit
ESTIMATED
Unit
ESTIMATED
Unit
ESTIMATED
Unit
ESTIMATED
#
Items
Quantity
of
Price
COST
Price
COST
Price
COST
Price
COST
Price
COST
Measure
SECTIONHOURS
#1-1
Journeyman Electrician - Straight/Regular Time
500
Hour
$70
$35,000.00
$60
$30,000.00
$40
$20,000.00
$65
$32,500.00
$61
$30,500.00
#1-2
Journeyman Electrician - Nights and Weekends
25
Hour
$105
$2,625.00
$90
$2,250.00
1$54
$1,350.00 $70
$1,750.00
$91.50
$2,287.50
#1-3
Journeyman Electrician - Holiday
10
Hour
$140
$1,400.00
$90
$900
$54
$540
$80
$800
$122
$1,220.00
#14
Apprentice Electrician - Straight/Regular Time
500
Hour
$55
$27,500.00
$60
$30,000.00
$30
$15,000.00
$60
$30,000.00
$54
$27,000.00
#1-5
Apprentice Electrician - Nights an Weekends
25
Hour
$82.50
$2,062.50
$90
$2,250.00
$40
$1,000.00
$70
$1,750.00
$81
$2,025.00
#1-6
Apprentice Electrician - Holidays
10
Hour
$110
$1,100.00
$90
$900
I $40
$400
$80
$800
$108
$1,080.00
#1-7
Electrician's Helper - Straight/Regular Time
500
Hour
$55
$27,500.00
$60
$30,000.00
1$10
$5,000.00
$60
$30,000.00
$54
$27,000.00
#1-8
Electrician's Helper- Nights and Weekends
25
Hour
$82.50
$2,062.50
$90
$2,250.00
$14
$350
$70
$1,750.00
$81
$2,025.00
#1-9
Electrician's Helper- Holidays
10
Hour
$110
$1,100.00
$90
$900
$14
$140
$80
$800
$108
$1,080.00
#1-10
Foreman/Supervisor- Straight/Regular Time
200
Hour
$85
$17,000.00
$60
$12,000.00
$40
$8,000.00
$65
$13,000.00
$62.50
$12,500.00
#1-11
Foreman/Supervisor - Nights and Weekends
25
Hour
$127.50
$3,187.50
$90
$2,250.00
$54
1$11
$1,350.00
$70
$1,750.00
$84.50
$2,112.50
#1-12
Foreman/Supervisor - Holidays
10
Hour
$170
$1,700.00
$90
$900
$54
$540
$80
$800
$106.50
$1,065.00
#1-13
General Laborer - Straight/Regular Time
300
Hour
$55
$16,500.00
$60
$18,000.00
$3,300.00
$60
$18,000.00
$42.50
$12,750.00
#1-14
General Laborer- Nights and Weekends
20
Hour
$82.50
$1,650.00
$90
$1,800.00
$15
$300
$65
$1,300.00
$57
$1,140.00
#1-15
General Laborer- Holidays
10
Hour
$110
$1,100.00
$90
$900
$15
$150
$70
$700
$72
$720
•
#2-1
Material (Cost plus %) $0-$100
1000
Mark up %
$1.10
$1,100.00
$1.12
$1,120.00
$1.15
$1,150.00
$1.20
$1,200.00
$1.50
$1,500.00
#2-2
Material (Cost plus %) $101-$500
1000
Mark up %
$1.10
$1,100.00
$1.12
$1,120.00
$1.15
$1,150.00
$1.20
$1,200.00
$1.30
$1,300.00
#2-3
Material (Cost plus %) $501-$1000
5000
Mark up %
$1.10
$5,500.00
$1.11
$5,550.00
$1.15
$5,750.00
$1.20
$6,000.00
$1.20
$6,000.00
#2-4
Material (Cost plus %) $1001-$5000
5000
Mark up %
$1.10
$5,500.00
$1.11
$5,550.00
$1.15
$5,750.00
$1.20
$6,000.00
$1.15
$5,750.00
#2-5
Rental Equipment (Cost plus %)
10000
Mark up%
$1.10
$11,000.00
1$1.11
$11,100.00
$1
$10,000.00
$1.15
$11,500.00
$1.10
$11,000.00
#2-6
Material (Cost plus %) $5000 and up
65000
Mark up %
1$1.10
$71,500.00
$1.11
$72,150.00
$1.10
$71,500.00
$1.15
$74,750.00
1$1.10
$71,500.00
*Highlighting Notes Corrected Calculation Error
*NOTICE: Final Bid award is contingent upon vendor meeting minimum specifications and formal authorization by City officials.
CITY OF
FAYETTEVILLE
ARKANS
ARKANSAS
Bid 20-58, Construction — On -Call Electrical
Services - 1 - Bid 20-58, Construction — On -
Call Electrical Services - 1
Project Overview
Project Details
Reference ID Bid 20-58, Construction — On -Call Electrical Services - 1
Project Name Bid 20-58, Construction — On -Call Electrical Services - 1
Project Owner
Project Type
Department
Andrea Foren
W
Purchasing
The City of Fayetteville is accepting sealed bids from properly licensed
and authorized electrical contractors for providing electrical services on
Project Description an as -needed basis for a one (1) year term with the option to renew for
four (4) additional one (1) year terms. Questions should be addressed
to Adonis Bwashi, Purchasing Agent at abwashi@fayetteville-ar.gov or
by calling (479) 575-8220.
Open Date Jun 15, 2020 12:00 AM CDT
Close Date Jul 07, 2020 2:00 PM CDT
Highest Scoring Supplier
King Electric
Seal status
Score
100 pts
CITY OF
FAYETTEVILLE
ARKANS
ARKANSAS
Requested Information
Signature Submittal
BID TAB 20-58,
CONSTRUCTION - ON -CALL
ELECTRICAL SERVICES (BT-
071 R)
Conflict of Interest
Unsealed on Unsealed by
Jul 07, 2020 2:19 PM CDT Adonis Bwashi
Jul 07, 2020 2:19 PM CDT Adonis Bwashi
Jul 07, 2020 2:02 PM CDT Adonis Bwashi
# Declaration of Conflict of Interest You have been chosen as a Committee member for this
Evaluation. Please read the following information on conflict of interest to see if you have any
problem or potential problem in serving on this committee. ## Code of Conduct All information
related to submissions received from Suppliers or Service Providers must be kept confidential by
Committee members. ## Conflict of Interest No member of a Committee shall participate in the
evaluation if that Committee member or any member of his or her immediate family: * has direct or
indirect financial interest in the award of the contract to any proponent; * is currently employed by,
or is a consultant to or under contract to a proponent; * is negotiating or has an arrangement
concerning future employment or contracting with any proponent; or, * has an ownership interest in,
or is an officer or director of, any proponent. Please sign below acknowledging that you have
received and read this information. If you have a conflict or potential conflict, please indicate your
conflict on this acknowledgment form with information regarding the conflict. I have read and
understood the provisions related to the conflict of interest when serving on the Evaluation
Committee. If any such conflict of interest arises during the Committee's review of this project, I will
immediately report it to the Purchasing Director.
Name
Les McGaugh
Date Signed
Jul 07, 2020 2:06 PM CDT
Has a Conflict of Interest?
im
Adonis Bwashi Jul 07, 2020 2:02 PM CDT No
CITY OF
FAYETTEVILLE
ARKANS
ARKANSAS
Public Notices
Bid 20-58, Addendum 1
Adonis Bwashi, Jun 16, 2020 11:04 AM CDT
Bid 20-58, Addendum 1 has been uploaded on Bonfire for further clarification. Please see Files
section on the Bid 20-58, Construction - On -Call Electrical Services.
Bid 20-58, Addendum 2
Adonis Bwashi, Jul 01, 2020 11:54 AM CDT
Addendum 2 clarifies that the bid deadline is Tuesday, July 07, 2020 before 2:00 PM, Local
Time.
CITY OF
FAYETTEVILLE
ARKANS
ARKANSAS
Submissions
Supplier
Date Submitted
King Electric
Jul 03, 2020 12:51 PM
CDT
Multi- Craft Contractors
Jul 07, 2020 7:20 AM
CDT
Axis Electric, LLC
Jul 06, 2020 2:30 PM
CDT
3M Electric LLC
Jul 07, 2020 1:35 PM
CDT
Midland Industrial
Jul 07, 2020 1:34 PM
Services, LLC
CDT
Name Email Confirmation Code
Chris King chris@ckingelectric.net ODg2Mjk=
Matt Karczmarczyk tkarcz@multi-craft.net ODg4Nzk=
Nathan Galyen ngalyen@axis-electric.com ODg3Njk=
Mantrel Hampton mhampton@3melectricllc.com ODkwODg=
Amber Ritchie aritchie@midlandllc.com ODkwODc=
CITY OF
FAYETTEVILLE
ARKANS
ARKANSAS
Scoring Summary
Active Submissions
Total
B - TOTAL BASE BID
B-1 -
Supplier
/ 100 pts
/ 100 pts
/ 100 pts
King Electric
100 pts
100 pts
100 pts ($152,720.00)
Multi- Craft Contractors
68.93 pts
68.93 pts
68.93 pts ($221,555.00)
Axis Electric, LLC
65.86 pts
65.86 pts
65.86 pts ($231,890.00)
Midland Industrial Services, LLC
64.62 pts
64.62 pts
64.62 pts ($236,350.00)
3M Electric LLC
64.39 pts
64.39 pts
64.39 pts ($237,187.50)
Cl TY OF
FAYETTEVILLE
ARKANS
ARKANSAS
Signatures
Name Signatures
Andrea Foren Andrea Digitally signed by
Andrea Foren
(Project Owner) Date: 2020.09.15
Foren
14:32:18-05'00'
Digitally signed by Adonis Bwashi
Adonis Bwashi DN: cn=Adonis Bwashi,
email=abwashi@fayetteville-ar.gov,
(Evaluator) c=US
Date: 2020.08.19 15:35:59-05'00'
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2020-0822
Agenda Date: 10/20/2020 Version: 1 Status: Agenda Ready
In Control: City Council Meetinq File Type: Resolution
Agenda Number: A.8
BID # 20-63 BULK CRUSHED ROCK SALT:
A RESOLUTION TO AWARD BID # 20-63 AND AUTHORIZE THE PURCHASE OF BULK
CRUSHED ROCK SALT FROM KANSAS SALT, LLC FOR $80.00 PER TON FOR MATERIALS
PICKED UP AND $93.12 PER TON FOR MATERIALS DELIVERED AS NEEDED, AND TO
AUTHORIZE THE USE OF CENTRAL SALT, LLC AS A SECONDARY SUPPLIER
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid # 20-63 and
authorizes the purchase of bulk crushed rock salt from Kansas Salt, LLC for $80.00 per ton for materials
picked up and $93.12 per ton for materials delivered as needed, and further authorizes the use of Central Salt,
LLC as a secondary supplier in the event Kansas Salt, LLC is unavailable.
City of Fayetteville, Arkansas Page 1 Printed on 1011512020
Terry Gulley
Submitted By
City of Fayetteville Staff Review Form
2020-0822
Legistar File ID
10/20/2020
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
9/30/2020 Transportation Services /
_ Transportation Services Department
Submitted Date Division / Department
Action Recommendation:
A resolution awarding Bid 20-63 to and authorizing the purchase of bulk crushed rock salt from primary supplier
Kansas City Salt, LLC for a unit price of $80.00 per ton if picked up or $93.12 per ton if delivered, and authorizing
the use of Central Salt, LLC if primary is unavailable.
Budget Impact:
2100.410.4120-5204.00
Account Number
Project Number
Budgeted Item? Yes Current Budget
Funds Obligated
Current Balance
Does item have a cost? Yes Item Cost
Budget Adjustment Attached? No Budget Adjustment
Remaining Budget
Street
Fund
Project Title
V20180321
Purchase Order Number:
Change Order Number:
Original Contract Number:
Previous Ordinance or Resolution #
Approval Date:
Comments: The "item cost" box has been left blank because the exact item cost will vary depending upon the
Transportation Division's fluctuating needs based on the severity of the next winter weather season.
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF OCTOBER 20, 2020
TO: Mayor and City Council
THRU: Susan Norton, Chief of Staff
FROM: Terry Gulley, Transportation Services Director
DATE: September 30, 2020
SUBJECT: Bid 20-63, Bulk Crushed Rock Salt
CITY COUNCIL MEMO
RECOMMENDATION:
A resolution awarding Bid 20-63 to and authorizing the purchase of bulk crushed rock salt from
primary supplier Kansas Salt, LLC for a unit price of $80.00 per ton if picked up or $93.12
per ton if delivered, and authorizing the use of Central Salt, LLC if primary is unavailable.
BACKGROUND:
The purchase of bulk construction materials and services is necessary to maintain current
infrastructure and to implement projects outlined in the Capital Improvements Program and
Annual Budget and Work Program.
DISCUSSION:
Sealed bids in accordance with State statutes, City ordinances, and purchasing procedures were
publicly read and the results are attached to this memo.
BUDGET/STAFF IMPACT:
Funds for the acquisition of these materials have been budgeted in Street Fund. Bulk crushed
rock salt will be purchased on an "as needed" basis with payment remitted via procurement
card.
Attachments:
Bid 20-63 Tabulation
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
CITY Of
FAYETTEVILLE
w■KwNswa
BID TABULATION
BID 20-63, BULK CRUSHED ROCK SALT
# Items Description
Medium Crushed Clean Rock Salt for Snow and Ice Removal: Maximum
size 3/8 inch with no more than 5% greater than 3/8" in the mix,
#0-1 meeting AHTD specifications — DELIVERED to the City of Fayetteville,
1525 S. Happy Hollow, Fayetteville, AR 72701 — Through July 31, 2020 /
*Salt Producer: Central Salt - Lyons Mine I Lyons Salt
Medium Crushed Clean Rock Salt for Snow and Ice Removal: Maximum
#0-2
size 3/8" with no more than 5% plus 3/8" in the mix, meeting AHTD
specifications — PICKED UP BY the City of Fayetteville —Through July 31,
2020 *Salt Producer: Central Salt - Lyons Mine I Lyons Salt
Central Salt, LLC Kansas Salt, LLC.
Total Cost $ 55,560.0 $ 55,500.0
Quantity
Required Unit Total Unit Total
(in Price Cost Price Cost
Tons)
500 1 $93.12 $46,560.00 $95 $47,500.00
100 1 $90 $9,000.00 $80 1 $8,000.00
*NOTICE: Final Bid award is contingent upon vendor meeting minimum specifications and formal authorization by City officials.
CITY OF
I�FAYETTEVILLE
ARKANSAS
Bid 20-63, Bulk Crushed Rock Salt
Project Overview
Project Details
Reference ID
Bid 20-63, Bulk Crushed Rock Salt
Project Name
Bid 20-63, Bulk Crushed Rock Salt
Project Owner
Andrea Foren
Project Type
ITB
Department
Purchasing
The City of Fayetteville is accepting bids from properly licensed
professionals to bid on the quarterly asphalt materials bid. Any
Project Description questions concerning the bidding process should be addressed to
Adonis Bwashi, City of Fayetteville Purchasing Agent, at
abwashi@fayetteville-ar.gov or by calling (479)575-8258.
Open Date Jun 29, 2020 12:00 AM CDT
Close Date Jul 15, 2020 2:00 PM CDT
Highest Scoring Supplier
Kansas Salt, LLC.
Score
100 pts
10 CITY OF
FAYETTEVILL6
ARKANSAS
Seal status
Requested Information
W-9 Form
Bid 20-53, Bid Document
(Required Signature) Form
AR Secretary of State Filing #
Physical address of the salt
pickup location Address (City,
State, Zip)
Bid 20 63, Bulk Crushed Rock
Salt (BT-09NP)
Conflict of Interest
Unsealed on Unsealed by
Jul 15, 2020 2:08 PM CDT Adonis Bwashi
Jul 15, 2020 2:08 PM CDT Adonis Bwashi
Jul 15, 2020 2:08 PM CDT Adonis Bwashi
Jul 15, 2020 2:08 PM CDT Adonis Bwashi
Jul 15, 2020 2:08 PM CDT Adonis Bwashi
# Declaration of Conflict of Interest You have been chosen as a Committee member for this
Evaluation. Please read the following information on conflict of interest to see if you have any
problem or potential problem in serving on this committee. ## Code of Conduct All information
related to submissions received from Suppliers or Service Providers must be kept confidential by
Committee members. ## Conflict of Interest No member of a Committee shall participate in the
evaluation if that Committee member or any member of his or her immediate family: * has direct or
indirect financial interest in the award of the contract to any proponent; * is currently employed by,
or is a consultant to or under contract to a proponent; * is negotiating or has an arrangement
concerning future employment or contracting with any proponent; or, * has an ownership interest in,
or is an officer or director of, any proponent. Please sign below acknowledging that you have
received and read this information. If you have a conflict or potential conflict, please indicate your
conflict on this acknowledgment form with information regarding the conflict. I have read and
understood the provisions related to the conflict of interest when serving on the Evaluation
Committee. If any such conflict of interest arises during the Committee's review of this project, I will
immediately report it to the Purchasing Director.
Name
Date Signed
Has a Conflict of Interest?
Adonis Bwashi Jul 15, 2020 2:08 PM CDT No
CITY OF
��EVILLE
ARKANSRKANEAE
Public Notices
Bid 20-63, Addendum 1
Adonis Bwashi, Jun 30, 2020 8:54 AM CDT
This Addendum includes a revised bid form which shall be used by all bidders. Clarifications to
the required specifications are included.
Project Details Have Changed
Adonis Bwashi, Jul 13, 2020 2:51 PM CDT
- Project Requested Information changed
c,ry or
FAY LLE
A RlCANSASASS
Submissions
Supplier
Central Salt, LLC
Kansas Salt, LLC.
Project Criteria
Date Submitted
Jul 14, 2020 1:09 PM CDT
Jul 15, 2020 4:32 PM CDT
Name Email
Lori Young lyoung@centralsalt.com
Ryan Bauer ryan@kansassalt.com
Confirmation Code
Criteria
Points
Description
Total Base Bid
100 pts
The lowest base bid offered
Total
100 pts
OTAxNDg=
OTAONzE=
c,ry or
FAY LLE
A RlCANSASASS
Scoring Summary
Active Submissions
Total
Total Base Bid
Supplier
/ 100 pts
/ 100 pts
Kansas Salt, LLC.
100 pts
100 pts ($55,000.00)
Central Salt, LLC
98.99 pts
98.99 pts ($55,560.00)
Generated on Jul 17, 2020 9:22 AM CDT - Adonis Bwashi
Page 6 of 6
tr* or
ARXANS 8Y41.t,fi
AR!(N9AS
Signatures
Name Signatures
Andrea Foren Digitally signed by
Andrea Andrea Foren
(Project Owner) Date:2020.07.28
Foren 13.42.45-05'00'
Digitally signed by Adonis Bwashi
Adonis Bwashi DN: cn=Adonis Bwashi,
(Evaluator)Dlp� email=abwashi@fayetteville-ar.gov,
c=US
Date: 2020.07.1714:03:30-05'00'
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2020-0825
Agenda Date: 10/20/2020 Version: 1 Status: Agenda Ready
In Control: City Council Meetinq File Type: Resolution
Agenda Number: A.9
CONVERGINT TECHNOLOGIES NETWORK CONDUIT AND CABLING:
A RESOLUTION TO AUTHORIZE A CONTRACT WITH CONVERGINT TECHNOLOGIES FOR
THE PURCHASE AND INSTALLATION OF NETWORK CONDUIT AND CABLING TO CONNECT
CITY HALL TO THE TOWN CENTER IN THE AMOUNT OF $50,996.50, PURSUANT TO A
SOURCEWELL COOPERATIVE PURCHASING CONTRACT, AND TO APPROVE A PROJECT
CONTINGENCY IN THE AMOUNT OF $5,000.00
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 a contract with
Convergint Technologies for the purchase and installation of network conduit and cabling to connect City Hall
to the Town Center in the amount of $50,996.50, pursuant to a Sourcewell cooperative purchasing contract,
and further approves a project contingency in the amount of $5,000.00.
City of Fayetteville, Arkansas Page 1 Printed on 1011512020
Brad Fulmer
Submitted By
City of Fayetteville Staff Review Form
2020-0825
Legistar File ID
10/20/2020
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
9/30/2020 INFORMATION TECHNOLOGY (170)
Submitted Date Division / Department
Action Recommendation:
Staff recommends approving a resolution for the purchase and installation of network conduit and cabling to
connect City Hall to the Town Center building, in the amount of $50,996.50, pursuant to a Sourcewell cooperative
purchasing contract with Convergint Technologies, and approve a project contingency in the amount of $5,000.00
Budget Impact:
4270.900.9290-5309.02
Disaster & Replacement
Account Number
Fund
20019.1
20019 - COVID-19 Disaster Recovery Funds
Project Number
Project Title
Budgeted Item? No
Current Budget $ 2,850,000.00
Funds Obligated $ 176,083.40
Current Balance $ 2,673,916.60
Does item have a cost? Yes
Item Cost $ 55,996.50
Budget Adjustment Attached? NA
Budget Adjustment
Remaining Budget 2,617,920.10
V20180321
Purchase Order Number:
Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF OCTOBER 20, 2020
TO: Mayor and City Council
THRU: Susan Norton, Chief of Staff
CITY COUNCIL MEMO
FROM: Keith Macedo, Director of Information Technology
Brad Fulmer, Assistant Director of Information Technology
DATE: September 30, 2020
SUBJECT: Staff recommends approving a resolution for the purchase and installation of
network conduit and cabling to connect City Hall to the Town Center building, in
the amount of $50,996.50, pursuant to a Sourcewell cooperative purchasing
contract with Convergint Technologies, and approve a project contingency in the
amount of $5,000.00.
RECOMMENDATION:
Staff recommends approving a resolution for the purchase and installation of network conduit and
cabling to connect City Hall to the Town Center building, in the amount of $50,996.50, pursuant
to a Sourcewell cooperative purchasing contract with Convergint Technologies, and approve a
project contingency in the amount of $5,000.00.
BACKGROUND:
City Administration is looking for alternative locations for large public meetings and public input
sessions to support public involvement in meetings and project input events. The Town Center
is a large public space that could provide an alternative location to support meetings with
appropriate social distancing and be able to handle larger public participation. The City owns the
Town Center building while the Advertising and Promotion Commission (A&P) manages the
facility. City staff spoke to the Commissions CEO Molly Rawn about this and is supportive of the
concept and willingness to work through scheduling details with City Administration.
DISCUSSION:
To support City meetings in the Town Center City IT staff and Media Services staff reviewed how to
efficiently provide technology to support access to City resources and to support the broadcasting of
meetings. Staff determined the best method was to connect the City's network to the A&P via fiber
optic cable. This would allow City staff to hold meetings within the Town Center in an almost
identical manner as City Hall but leverage significantly larger venue. In addition to this request Media
Services is working on a plan to purchase portable audio-visual equipment to support the broadcast
and recording of public meetings.
BUDGET/STAFF IMPACT:
This project will be funded from the City's Emergency Fund with the intent of requesting Cares Grant
fund reimbursement to support the City's Covid-19 public meeting space needs.
Attachments: Staff review form, staff review memo, Convergint Technologies Proposal
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Con-","""rq�nt
Tf CHNOLOG ES
Making a Daily Difference
September 30, 2020
City of Fayetteville
Town Center
15 W. Mountain St. Fayetteville, Arkansas 72701
Attention: Brad Fulmer
5480 Hailey Ave., Suite B , Springdale, Arkansas 72764
Phone 479-320-8019 Mobile 479-320-8019
doug.king@convergint.com
Reference: Town Center to PD and PD to Town Hall Fiber
Quoted per Sourcewell Contract # 031517-CTL
Quotation:
RFP#:
License/Cert
DK08301241P
B10716
On behalf of our thousands of global colleagues, I want to personally thank you for considering
Convergint Technologies for this project and for providing us with the opportunity to present this
proposal addressing your electronic security needs. We are confident that this proven solution is both
comprehensive and customized to meet your needs today and in the years ahead.
Convergint has developed a strong reputation for service excellence and is the only company
recognized twice as the Systems Integrator of the Year by SDM Magazine. Most recently, Convergint
was ranked the 41" largest global systems integrator. This recognition is, in part, a reflection of the
strong relationships Convergint has developed with the industry's top technology manufacturers.
Convergint Technologies has a strong history of success with similar solutions provided to other clients
and would be happy to provide these references upon request.
Our guiding principal has always been to be a customer -focused and service -based company, supported
by dedicated and certified professionals who strive to make a daily difference. Our vision of becoming
our customers' best service provider is what drives everything we do. After achieving a successful on -
time and on -budget project installation, Convergint will provide you with the industry's best on -going
service. This service includes our 24/7 customer portal (iCare), designed to track service work orders,
project progress, and provide you with detailed metric reporting for continuous improvement.
The following security proposal is specifically designed to meet your needs. As your single point of contact,
please feel free to contact me with any additional questions you may have. Thank you again for considering
Convergint Technologies as your partner for your electronic security needs.
UNITED STATES • CANADA • ASIA PACIFIC • EUROPE
Scope of Work ***Labor and Project quoted per Sourcewell Contract # 031517-CTL***
• Town Center
o Installation of 24 Strand Fiber from Town Center OF to Fay PD MDF
o Installation of 2 FAP's and Fiber Enclosure
• FAY PD
o Termination of 24 Strands of the 48 Strand coming from DEMARC
o Termination of 24 strands that will patch over and pass through to Town Center
o Installation of 4 FAP and Fiber Enclosure
• DEMARC
o Installation of 24 Strands to the FAY PD
o Installation of 48 Strands to the City Hall MDF
0 6 Additional fiber terminations on current dark fiber already installed
o Installation of 8 FAP's and Wall mount enclosure
o Removal of the 3 wall mount copper enclosures currently mounted and the high pair
copper that is run into conduits from those enclosures completely from the conduit
and all
o Move the one remaining copper enclosure for high pair count down if possible, to align
the new fiber enclosure to match existing on the wall
• City Hall
o Installation of 48 Strand from DEMARC and terminate in the basement
o Terminate an additional 24 strands in the existing enclosure that is housing 4-6FAP
units 1-3 Rd Floor, 1- 2nd Floor, 2-Basement
• Development Services
o Terminate 6 Strands in existing enclosure housing 1-6FAP
• 2 Town Center IDF's
o Installation of 12 Strand fiber from one OF to the other
o Installation of 1FAP and 1 Enclosure in each of the closets for a total of 2 each in that
building
o Customer is responsible to locate or provide a pathway from one IN to the other
Page 2 of 8
• All Fiber to be OM3 Multimode Indoor/Outdoor Rated Plenum cable and all connectors to
be LC in style.
• City to provide pathway into the Town Center building from the PD MDF to the Electrical
room in the Town Center
• City will need to provide current layout of conduits to ensure which IDF will be reachable
when access gained into the Town Center building for that final Fiber pull.
• All permitting to be the responsibility of the City if applicable and that cost is excluded from
this pricing
• Pricing is completed per the Sourcewell contract and its co-op.
• We will provide test results on the fiber with pass/Fail and Db Loss for the City's records
• All cables will be labeled as well as enclosures for future understanding.
• Final Fiber footages to be verified after plans are provided for unknown pathways in the
Town Center building.
Materials
Line
Qty
Part
Description
Manufacturer
1
City hall to Demarc
OCC
Distribution 48 Fiber 50/125m OM3 Ultra -Fox„
2
800.00
DX048KALT9Q
Indoor/Outdoor Plenum Aqua Jacket
OCC Fiber
P
OCC
Distribution 24 Fiber 50/125m OM3 Ultra -Fox Plenum
3
500.00
DZ024TALT9Q
Aqua Jacket
OCC Fiber
P
OCC
Distribution 12 Fiber 50/125m OM3 Ultra -Fox Plenum
4
500.00
DZ012TALT9Q
OCC Fiber
Aqua Jacket
P
5
City Hall MDF
6
1.00
25014189
Opticom° Tray, Fiber Optic, Rack Mount, 2 RU
Panduit
7
1.00
99652169
Fiber Adapter Patch Panel 2 RU
Panduit
Opticom° Fiber Optic Adapter Panel, Multimode
8
4.00
25047837
(OM3/4), (12) LC Duplex Adapters for 24-Strand Fiber
Panduit
UniCam& Pretium°-Performance LC MM Fiber Optic
9
48.00
22110797
Connector (OM3/4), Aqua
Corning
10
Demarc MDF
11
1.00
22066927
Opticom® Enclosure, Fiber Optic, Wall Mount, 8 Panel
Panduit
Opticom° Fiber Optic Adapter Panel, Multimode
12
6.00
25047837
(OM3/4), (12) LC Duplex Adapters for 24-Strand Fiber
Panduit
UniCam& Pretium°-Performance LC MM Fiber Optic
13
72.00
22110797
Connector (OM3/4), Aqua
Corning
14
PD MDF
15
1.00
25014189
Opticom° Tray, Fiber Optic, Rack Mount, 2 RU
Panduit
16
1.00
99652169
Fiber Adapter Patch Panel 2 RU
Panduit
Opticom° Fiber Optic Adapter Panel, Multimode
17
4.00
25047837
(OM3/4), (12) LC Duplex Adapters for 24-Strand Fiber
Panduit
Page 3 of 8
Line
Qty
Part
Description
Manufacturer
UniCam& Pretium®-Performance LC MM Fiber Optic
18
48.00
22110797
Connector (OM3/4), Aqua
Corning
19
Town Center IDF's
Rack Mount Fiber Adapter Patch Panel, Flat, 24/48-
20
2.00
99652161
Fiber, 1RU, 4-FAP/FMP, 19" Width x 0.44" Depth x 1.72"
Panduit
Height, Black
21
2.00
22060048
Opticom° Tray, Fiber Optic, Rack Mount, 1 RU
Panduit
Opticom° Fiber Optic Adapter Panel, Multimode
22
3.00
25047837
(OM3/4), (12) LC Duplex Adapters for 24-Strand Fiber
Panduit
UniCam& Pretium°-Performance LC MM Fiber Optic
23
36.00
22110797
Connector (OM3/4), Aqua
Corning
24
Development Services
UniCam& Pretium°-Performance LC MM Fiber Optic
25
6.00
22110797
Connector (OM3/4), Aqua
Corning
Total Project Price $ 50,996.50
Page 4 of 8
Clarifications and Exclusion
1. All work proposed herein, shall be performed during normal business hours Monday through
Friday 8:00 am - 5:00 pm.
2. Low voltage wiring shall be installed via open air code approved methods.
3. Provision or installation of conduit, wire, boxes, fittings or other electrical installation materials
unless specifically listed under Inclusions or Bill of Materials.
4. Permits or associated fees are not included.
5. Customer to provide static IP addresses and network connections at panel locations.
6. Customer to provide a secured staging & storage area for project related materials.
7. Pricing assumes that electronic Auto CAD files are available from customer for our use in creating
submittal drawings.
8. Twenty -Five percent (25%) of the proposed sell price shall be payable to Convergint
Technologies for project mobilization. Mobilization shall be invoiced and due upon customer
acceptance of this proposal.
9. Proposal does not include sales tax unless otherwise noted.
10. Anything in the Contract Documents notwithstanding, in no event shall either Contractor or
Subcontractor be liable for special, indirect, incidental or consequential damages, including
commercial loss, loss of use, or lost profits, even if either party has been advised of the
possibility of such damages.
11. Convergint Technologies reserves the right to negotiate mutually acceptable contract terms and
conditions with customer by making mutually agreeable changes to the formal contract included
in the Bid Documents.
Page 5 of 8
n
Items Included
Installation of Terminal Cabinets Material (listed in the BOM)
Mounting/Termination of Proposed Devices One -Year Warranty on Labor
One -Year Warranty on Parts Project Management
System is Design -Build Testing of all Proposed Devices
Items Excluded
120 VAC Power and Fused Disconnect Switch
Additional Lighting Requirements for Cameras
Attend General Contractor Project Meetings
Authority having Jurisdiction permit drawing
(requires customer CAD)
Ceiling Tiles and Ceiling Grid Repairs
Correction of Wiring Faults Caused by Others
Electrical Installation Permit
Engineering and Drawings
FA Permit and Plan Review Fees
Fire Watch
Floor plan with device placement and numbering
(requires customer CAD)
Horizontal Core Drilling
Installation of CCTV Cameras
Installation of Control Equipment Enclosures
Installation of Intercom Systems
Installation of Low Voltage Wire
Installation of Network Cabling to IP Cameras
Installation of Specialty Backboxes
Installation of Wire and Cable
Lifts
Low Voltage Permits
Operations & Maintenance Manuals
Owner to Provide Static IP Addresses
Panel Wall Elevation drawing (may require customer
CAD)
Patch and Paint
Record Documentation (As -Built)
Servers by Convergint
Specialty Backboxes
System Engineering
System Programming
Termination of Control Equipment Enclosures
Wire
Workstations by Others
120 VAC Power Receptacles
Applicable Taxes
Attend Owner Project Meetings
Cable
Connection to Building Fire Alarm Panel
Door wiring typical connections
Electrified Door Locking Hardware
Equipment rack layout drawing
Fire Stopping (Excludes Existing Penetrations)
Floor Coverings for Lifts
Freight (prepaid)
Installation of Bridle Rings
Installation of Conduit, Boxes and Fittings
Installation of Control Panels
Installation of Intrusion Panels
Installation of Network Cabling to Card Readers
Installation of Network Cabling to IP Intercoms
Installation of Video Recorders (DVR/NVR)
Installation of Wire Hangars
Loading Software on Customer Provided Computer
On -Site Lockable Storage Facility
Owner to Provide DHCP Lease Reservations for
Network Connected Devices
Owner Training
Panel wiring with point to point connections
Payment & Performance Bonds
Riser drawing with home run wiring
Servers by Others
Submittal Drawings
System Meets Plans/Drawings
Terminal Cabinets
Vertical Core Drilling
Workstations by Convergint
Page 6 of 8
Total Project Investment:
$ 50,996.50
Thank you for considering Convergint Technologies for your Security needs. If you have any questions
or would like additional information, please don't hesitate to contact me immediately. If you would
like to proceed with the scope of work as outlined in this proposal, please sign below and return to my
attention.
Sincerely,
Doug King
Convergint Technologies
Doug King
By signing below, I accept this proposal and agree to the Terms and Conditions contained herein
Brad Fulmer
Customer Name (Printed)
Authorized Signature
September 30, 2020
Date
Title
Page 7 of 8
Convergint Technologies' Install Terms & Conditions
Version 1.12 June 2020
Throughout this Installation Proposal, the term, "Convergint" refers to the Convergint Technologies affiliate
operating in the state/province in which the work is being performed.
SECTION 1. THE WORK
This Installation Proposal takes precedence over and supersedes any and all prior proposals, correspondence,
and oral agreements or representations relating to the work set forth in the attached scope of work (Work').
This Installation Proposal commences on the Start Date as specified in the attached scope of work and
represents the entire agreement between Convergint and Customer (the "Agreement"). In the event any
provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement
shall remain in full force.
Convergint agrees in accordance with the mutually agreed project schedule:
a. To submit shop drawings, product data, samples and similar submittals if required in performing
the Work;
b. To pay for all labor, materials, equipment, tools, supervision, programming, testing, startup and
documentation required to perform the Work in accordance with the Agreement;
c. Secure and pay for permits and governmental fees, licenses and inspections necessary for proper
execution and completion of the Work, unless local regulations provide otherwise; and
d. Hire subcontractors and order material to perform part of the Work, if necessary, while remaining
responsible for the completion of theWork.
Customer agrees in accordance with the mutually agreed project schedule, and at no cost to
Convergint:
a. To promptly approve submittals provided by Convergint;
b. To provide access to all areas of the facility which are necessary to complete the Work;
c. To supply suitable electrical service as required by Convergint;and
d. That in the event of any emergency or systems failure, reasonable safety precautions will be taken
by Customer to protect life and property during the period of time from when Convergint is first
notified of the emergency or failure and until such time that Convergint notifies the Customer that
the systems are operational or that the emergency has cleared.
No monitoring services are included in the Work. Any such services shall be governed by a separate
agreement.
Title to the Work, including any materials comprising the Work, shall pass to Customer as the Work
is completed and the materials are incorporated into the Work at Customer's site. If materials are
earlier stored on Customer's site pursuant to agreement between Customer and Convergint, title with
respect to such materials shall pass to Customer upon delivery to Customer site.
SECTION 2. PRICING
Pricing and amounts proposed shall remain valid for 30 days unless otherwise specified. Price includes only the
material listed based on Convergint's interpretation of plans and specifications unless noted otherwise.
Additional equipment, unless negotiated prior to order placement, will be billed accordingly. Sales taxes, (and
in Canada GST/PST) and any other taxes assessed on Customer shall be added to the price upon invoice to
Customer.
SECTION 3. INVOICE REMITTANCE AND PAYMENT
If the Work is performed over more than a month, Convergint will invoice Customer each month for the Work
performed during the previous month. Customer agrees to pay the amount due to Convergint as invoiced,
within thirty (30) days of the date of such invoice. If the Work is completed in less than one month, Customer
agrees to pay Convergint in full after the Work has been performed within thirty (30) days of the date of being
invoiced. Invoices shall not include or be subject to a project retention percentage. If Customer is overdue in
any payment to Convergint, Convergint shall be entitled to suspend the Work until paid, and charge Customer
an interest rate 1 and 1/2 % percent per month, (or the maximum rate permitted by law, whichever is less), and
may avail itself of any other legal or equitable remedy. Customer shall reimburse Convergint costs incurred in
collecting any amounts that become overdue, including attorney fees, court costs and any other reasonable
expenditure.
SECTION 4. WARRANTY
Convergint provides the following SOLE AND EXCLUSIVE warranty to the Customer:
For the period of one (1) year, commencing at the earlier of substantial completion of the Work, or fast
beneficial use, ("Warranty Period"):
a. That Work performed under this Agreement will be ofgood quality;
b. That all equipment will be new unless otherwise required or permitted by this Agreement;
C. That the Work will be free from defects not inherent in the quality required or permitted; and
d. That the Work will conform to the requirements ofthis Agreement
The Customer's sole remedy for any breach of this warranty is that Convergint shall remove, replace and/or
repair at its own expense any defective or improper Work, discovered within the Warranty Period, provided
Convergint is notified in writing of any defect within the Warranty Period.
Any equipment or products installed by Convergint in the course of performing the Work hereunder shall only
carry such warranty as is provided by the manufacturer thereof, which Convergint hereby assigns to Customer
without recourse to Convergint. Upon request of Customer, Convergint will use commercially reasonable
efforts to assist Customer in enforcing any such third -party warranties. This warranty excludes remedy for
damage or defect caused by abuse, modifications not executed by Convergint, improper or insufficient
maintenance, improper operation, or normal wear and tear under normal usage. NO FURTHER
WARRANTIES OR GUARANTIES, EXPRESS OR IMPLIED, ARE MADE WITH RESPECT TO ANY
GOODS OR SERVICES PROVIDED UNDER THIS AGREEMENT, AND ANY IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE
EXPRESSLY DISCLAIMED.
SECTION 5. CHANGES
Without invalidating this Agreement or any bond given hereunder, Customer or Convergint may request
changes in the Work. Any changes to the Agreement shall be in writing signed by both Customer and
Convergint If Customer orders any additional work or causes any material interference with Convergint's
performance of the Work, Convergint shall be entitled to an equitable adjustment in the time for performance
and in the Agreement Price, including a reasonable allowance for overhead and profit.
SECTION 6. FORCE MAJEURE
Neither Customer nor Convergint shall be responsible or liable for, shall incur expense for, or be deemed to be
in breach of this Agreement because of any delay in the performance of their respective obligations pursuant to
this Agreement due solely to circumstances beyond their reasonable control ("Fore Majeure") and without the
fault or negligence of the party experiencing such delay. A Force Majeure event shall include, but not be
limited to: accident, fire, storm, water, flooding, negligence, vandalism, power failure, installation of
incompatible equipment, improper operating procedures, source current fluctuations or fighting. If perfomtance
by either party is delayed due to Force Majeure, the time for that performance shall be extended for a period of
time reasonably necessary to overcome the effect of the delay. Any Services required by Convergint due to
reasons set forth in this Force Majeure Section shall be charged to Customer in addition to any amounts due
under this Agreement.
SECTION 7. INSURANCE
Convergint shall have the following insurance coverage during the term of this Agreement, and shall
provide certificates of insurance to the Customer prior to beginning work hereunder:
Worker's Compensation Statutory Limits
Employer's Liability $1,000,000 per occurrence/aggregate
Commercial General Liability $ 1,000,000 per occurrence/aggregate
$2,000,000 general aggregate
Automobile Liability $1,000,000 per occurrence/aggregate
Excess/Umbrella Liability $ 10,000,000 peroccurrence/aggregate
All insurance policies carried by Convergint shall be primary to and noncontributory with the insurance
afforded to Customer and shall name the Customer as "additional insured", with respect to liability arising out
of work performed by Convergint, as applicable, but only to the extent of liabilities falling within the indemnity
obligations of Convergint, pursuant to the terms of this Agreement. Convergint shall provide to the Customer
no less than thirty (30) days' notice prior to the termination or cancellation of any such insurance policy.
SECTION 8. INDEMNIFICATION
Convergint shall indemnify and hold Customer harmless from and against claims, damages, losses and
expenses, attributable to bodily injury, sickness, disease or death, or to destruction of tangible property, but only
to the extent caused by: a) the negligent or willful acts or omissions of Convergint or Convergint's employees
or subcontractors while on Customer's site, or b) the malfunction of the equipment supplied by Convergint, or
c) Convergint's breach of this Agreement.
IN NO EVENT SHALL EITHER CONVERGENT OR CUSTOMER BE LIABLE TO THE OTHER PARTY
HERETO FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING
COMMERCIAL LOSS, LOSS OF USE OR LOST PROFITS, EVEN IF THAT PARTY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL CONVERGINT BE
LIABLE TO CUSTOMER FOR ANY AMOUNTS IN EXCESS OF THE AMOUNTS PAID BY
CUSTOMER TOCONVERGINT.
It is understood and agreed by the parties hereto that Convergint is or may be providing intrusion products
which are designed to provide notification of certain events but are not intended to be guarantees or
insurers against any acts for which they are supposed to monitor or inform. Convergint's indemnification
obligation pursuant to Section 8 herein, does not apply to the extent the loss indemnified against is caused
by any intrusion product or software provided by but not manufactured by Convergint. Convergint shall
have no liability to Customer for any losses to the extent such losses are caused by the intrusion product
or software. Customer shall indemnify, defend, and hold harmless Convergint, from and against all
claims, lawsuits, damages, losses and expenses by persons not a party to this Agreement, but only to the
extent caused by such intrusion product or software provided by but not manufactured by Convergint.
SECTION 9. COMPLIANCE WITH LAW, SAFETY, & HAZARDOUS MATERIALS
This Agreement shall be governed and construed in accordance with the laws of the state/province in which the
Work is being performed. Convergint agrees to comply with all laws and regulations relating to or governing
its provision of the Work. Convergint shall comply with all safety related laws and regulations and with the
safety program of the Customer, provided such program is supplied to Convergint prior to beginningwork.
In the event that Convergint discovers or suspects the presence of hazardous materials, or unsafe working
conditions at Customer's facility where the Work is to be performed, Convergint is entitled to stop the Work
at that facility if such hazardous materials, or unsafe working conditions were not provided by or caused by
Convergint. Convergint in its sole discretion shall determine when it is "safe" to return to perform the Work at
Customer's facility. Convergint shall have no responsibility for the discovery, presence, handling, removing or
disposal of or exposure of persons to hazardous materials in any form at the Customer's facility. Customer shall
indemnify and hold harmless Convergint from and against claims, damages, losses and expenses, including but
not limited to, reasonable attorney's fees, arising out of or resulting from undisclosed hazardous materials, or
unsafe working conditions at Customer's facility.
Customer acknowledges that applicable law or regulation may limit Customer's rights and impose
obligations with respect to information or data obtained using software capable of obtaining what may in
certain circumstances be characterized as biometric information (individually and collectively, the
"Software") and agrees that Customer is solely responsible to ensure its own compliance with such laws or
regulations. Customer shall completely indemnify, defend (including pay attorneys' fees and
disbursements), and hold harmless Convergint, its affiliates, and any employees, agents, contractors or
representatives of any of the foregoing from and against any and all losses, liability, damages, penalties,
expenses, claims, demands, actions, or causes of action, judgments (finally awarded) or settlements
(individually and collectively, "Liabilities") arising from or related to any intentional or negligent acts or
omissions of Customer or any of its agents, affiliates, employees, or representatives arising from or related
to the Software, any hardware, software, or other services associated with the Software, or the use of any
of the foregoing by or on behalf of Customer, including but not limited to those arising from or related to
Customer's failure to comply with applicable laws or regulations related to its use of the Software or any
hardware, software, or other services associated with the Software, including but not limited to the
Customer's failure to obtain any necessary consents from affected individuals or provide any necessary
disclosures or protections with respect to the information of such individuals under any applicable privacy
or data security law, but excluding matters for which Convergint has agreed to indemnify Customer from
and against third party claims for copyright and trade secret infringement under the terms of the End User
License Agreement for the Software between Convergint and Customer. Notwithstanding the foregoing,
Customer and Convergint agree that Liabilities suffered by a third party (other than an affiliate of
Convergint) which are an element of loss subject to indemnification under this paragraph shall be deemed
direct damages.
SECTION 10. DISPUTES
In the event of any dispute between Convergint and Customer, Convergint and Customer shall fast attempt to
resolve the dispute in the field, but if that is not successful, then in a meeting between authorized officers of
each company. If settlement attempts are not successful, then the dispute shall be decided exclusively by
arbitration. Such arbitration shall be conducted in accordance with the Construction Industry Arbitration Rules
of the American Arbitration Association currently in effect and shall be a final binding resolution of the issues
presented between the parties. The prevailing party shall be entitled to recover its reasonable attorneys' fees and
costs.
SECTION 11. MISCELLANEOUS
Neither party to this Agreement shall assign this Agreement without the prior written consent of the other parry
hereto. Convergint may assign this Agreement to any of its parents, subsidiaries or affiliated companies or any
entity majority owned by Convergint
Notices shall be in writing and addressed to the other party, in accordance with the names and addresses of the
parties as shown above. All notices shall be effective upon receipt by the party to whom the notice was sent.
A waiver ofthe terms hereunder by one party to the otherparty shall not be effective unless in writing and signed
by a person with authority to commit the Customer or Convergint and delivered to the non -waiving party
according to the notice provision herein. No waiver by Customer or Convergint shall operate as a continuous
waiver, unless the written waiver specifically states that it is a continuous waiver of the terms stated in that
waiver.
The Sections regarding invoicing, warranty, and indemnity, and disputes shall survive the termination of this
Agreement.
Convergint Technologies Install Terms and Conditions
FORM E
CONTRACT ACCEPTANCE AND AWARD
(Top portion of this form will be completed by
NJPA
if
the
vendor is awarded a contract. The vendors ou
complete the vendor authorized signatures as
part
of
the
RFP response.)
NJPA Contract #: 031517-CTL
Proposer's full legal name: Convergint Technologies LLC
Based on NJPA's evaluation of your proposal, you have been awarded a contract. As an awarded vendor, you
agree to provide the products and services contained in your proposal and to meet all of the terms and
conditions set forth In this RFP, In any amendments to this RFP, and In any exceptions that are accepted by NJPA.
The effect(ve date of the Contract will be June 30, 2017 and will expire on June 30, 2021 (no later than the later of
four years from the expiration date of the currently awarded contract or four years from the date that the NJPA
Chief Procurement Officer awards the Contract). This Contract may be extended for a fifth year at NJPA's
discretion.
NJPA Aunthorized Signoature�s:
LIB//
NJPA DI CTO OF COOPERA IVE CONTRACTS
AND PROCUREMENT/CPO SIGNATURE
NJPA EXECUTIVE DIRECTOR/GtO SIGNATURE
Awarded on June 29, 2017
Vendor Authorized Signatures:
Jeremy Schwartz
(NAME PRINTED OR" PC")
Chad Coauette
(NAME PRINTED OR TYPED]
NJPA Contract # 031517-CTL
The Vendor hereby accepts this Contract award, including all accepted exceptions and amendments.
Vendor Name converyinc Technologies LLc
Executed on i9cn July , 20?� NJPA Contract # 031517-CTL
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2020-0826
Agenda Date: 10/20/2020 Version: 1 Status: Agenda Ready
In Control: City Council Meetinq
Agenda Number: A.10
File Type: Resolution
CONVERGINT TECHNOLOGIES - SECURITY EQUIPMENT, SYSTEMS, SERVICES, AND
SUPPLIES:
A RESOLUTION TO AUTHORIZE THE PURCHASE OF FACILITY SECURITY EQUIPMENT,
SYSTEMS, SERVICES, AND SUPPLIES FROM CONVERGINT TECHNOLOGIES, PURSUANT TO
A SOURCEWELL COOPERATIVE PURCHASING CONTRACT, ON AN AS -NEEDED BASIS
THROUGH JUNE 30, 2021, AND ANY FUTURE RENEWAL PERIODS
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 purchase of facility
security equipment, systems, services, and supplies from Convergint Technologies, pursuant to a Sourcewell
cooperative purchasing contract, on an as -needed basis through June 30, 2021, and any future renewal
periods.
City of Fayetteville, Arkansas Page 1 Printed on 1011512020
Keith Macedo
Submitted By
City of Fayetteville Staff Review Form
2020-0826
Legistar File ID
10/20/2020
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
9/30/2020 INFORMATION TECHNOLOGY (170)
Submitted Date Division / Department
Action Recommendation:
Staff recommends approval to authorize the purchase of facility security equipment, systems, and services with
related equipment and supplies on an as -needed basis, from Convergint Technologies utilizing Sourcewell contract
#031517-CTL through June 30, 2021, and any future renewal periods.
Budget Impact:
NA NA
Account Number Fund
NA NA
Project Number
Budgeted Item? No
Does item have a cost? No
Budget Adjustment Attached? NA
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Project Title
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
V20180321
Previous Ordinance or Resolution #
Approval Date:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF OCTOBER 20, 2020
TO: Mayor and City Council
THRU: Susan Norton, Chief of Staff
CITY COUNCIL MEMO
FROM: Keith Macedo, Director of Information Technology
Brad Fulmer, Assistant Director of Information Technology
DATE: September 30, 2020
SUBJECT: Sourcewell Contract
RECOMMENDATION:
A resolution to authorize the purchase of facility security equipment, systems, and services with
related equipment and supplies on an as -needed basis, from Convergint Technologies utilizing
Sourcewell contract #031517-CTL through June 30, 2021, and any future renewal periods.
BACKGROUND:
Sourcewell cooperative purchasing, formally National Joint Powers Alliance, competitively bids
out various products and services for state and local government agencies. Sourcewell holds
hundreds of competitively solicited cooperative contracts that allow agencies to benefit from the
shared purchasing power of a national purchasing cooperative and reduces procurement
overhead. Every Sourcewell contract is the result of a formal competitive solicitation conducted
by trained, professional procurement officials and made available through the Sourcewell's
cooperative purchasing program. Sourcewell bid Facility Security Equipment, Systems, and
Services with Related Equipment and Supplies which includes fiber optic and network cabing in
March of 2017. Contract #2018011-01 was awarded on June 29, 2017 to Convergint and the
initial term is valid through June 30, 2021.
DISCUSSION:
The City is currently working on proposed project to connect City Hall and Town Center facilities
via fiber optic cable and are in need of a contractor to perform the work. Convergint offers this
services through Sourcewell's contract #2018011-01 that would allow the City to move quickly
to connect the buildings. Purchasing security and communication solutions from the Sourcewell
contract gives the City an opportunity to have competitive pricing which is based off a high -
volume discount. If the City were to bid such products and services itself, it would not benefit
from the shared purchasing power that the Sourcewell cooperative contract provides. There is
no fee to the City to purchase from the contract.
BUDGET/STAFF IMPACT:
Security and communication technology solutions is budgeted within each division and various
capital improvement projects and operating budgets across the City.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Attachments:
Staff Review Form
Sourcewell Contract
Sourcewell PR.0"
Formerly HJPA
June 6, 2018
The National Joint Powers Alliance (NJ PA) will formally be known as Sourcewell beginning June 6, 2018.
The NJPA Board of Directors on May 15, 2019 voted to approve changing the organization's name to Sourcewell.
Documentation has been formally submitted for Sourcewell to be registered and trademarked, both federally and in
Minnesota, with the appropriate agencies.
Sourcewell has worked intentionally to mitigate the implications of this change to current and potential members, currently
awarded vendors, and other existing partners. After June 6th, 2018, Sourcewell will maintain and continue to recognize the
National Joint Powers Alliance name. Membership agreements, contracts, and agreements entered into with the National
Joint Powers Alliance will remain valid and continue in effect without impact. This will ensure contractual continuity and
safeguard any disruptions to engagement with Sourcewell. This includes membership, use of cooperative purchasing
contracts, or other contractual engagements.
Tcer
Marcus M)IIer
General Counsel and Director of Government Relations
202 12th Street NE I P.O. Box 219 1 Staples, MN 56479 888-894-1930 1 www.sourcewell-mn.gov
STATE OF MINNESOTA
COUNTY OF TODD
RESOLUTION ESTABLISHING CORPORATE AND AGENCY NAME FOR REGION 5 SERVICE
COOPERATIVE AS SOURCEWELL (F/K/A National Joint Powers Alliance)
Resolution No. 2018-07
WHEREAS, the Board of Directors previously authorized and directed staff undertake all actions
necessary and sufficient to "rebrand" Region 5 Service Cooperative; and
WHEREAS, after careful study and consideration, the name Sourcewell was chosen as the legal,
organizational, and agency name for Region 5 Service Cooperative; and
WHEREAS, the organizational bylaws were duly adopted, ratified and approved and became
effective as of the May 2018 Board of Directors meeting; and
WHEREAS, Article 1, Section 1 of said bylaws establishes Sourcewell as the legal organizational
name for Region 5 Service Cooperative; and
WHEREAS, Minnesota Statutes, § 123A.21 provides that the "care, management, and control" of
Region 5 Service Cooperative is vested in its Board of Directors, including the power and authority
to establish the legal name of the organization.
NOW THEREFORE BE IT RESOLVED by the Board of Directors as follows:
1. The name National Joint Powers Alliance is replaced and the legal, organizational,
and agency name of Region 5 Service Cooperative is Sourcewell.
2. The official and effective date of this change is June 6, 2018.
3. All prior contracts and other legal obligations established or incurred under the
name National Joint Powers Alliance remain in full force and effect.
4. All contracts or other legal obligations undertaken on and after June 6, 2018 shall
be executed and performed in the name Sourcewell.
5. This Resolution is effective upon signature and shall henceforth serve as sufficient
and official proof and evidence of the legal, organizational and agency name for
Region 5 Service Cooperative.
6. The Executive Director, or his designee, is authorized and directed to provide
copies of this resolution to third parties as requested or required and to affix the
same to legal documents when necessary.
Chairperson, Sourcewell Board of Directors
ATTEST:
Clerk to the Board of Directors
FORM E
CONTRACT ACCEPTANCE AND AWARD
(Top portion of this form will be completed by
NJPA
if
the
vendor is awarded a contract. The vendors ou
complete the vendor authorized signatures as
part
of
the
RFP response.)
NJPA Contract #: 031517-CTL
Proposer's full legal name: Convergint Technologies LLC
Based on NJPA's evaluation of your proposal, you have been awarded a contract. As an awarded vendor, you
agree to provide the products and services contained in your proposal and to meet all of the terms and
conditions set forth In this RFP, In any amendments to this RFP, and In any exceptions that are accepted by NJPA.
The effect(ve date of the Contract will be June 30, 2017 and will expire on June 30, 2021 (no later than the later of
four years from the expiration date of the currently awarded contract or four years from the date that the NJPA
Chief Procurement Officer awards the Contract). This Contract may be extended for a fifth year at NJPA's
discretion.
NJPA Aunthorized Signoature�s:
LIB//
NJPA DI CTO OF COOPERA IVE CONTRACTS
AND PROCUREMENT/CPO SIGNATURE
NJPA EXECUTIVE DIRECTOR/GtO SIGNATURE
Awarded on June 29, 2017
Vendor Authorized Signatures:
Jeremy Schwartz
(NAME PRINTED OR" PC")
Chad Coauette
(NAME PRINTED OR TYPED]
NJPA Contract # 031517-CTL
The Vendor hereby accepts this Contract award, including all accepted exceptions and amendments.
Vendor Name converyinc Technologies LLc
Executed on i9cn July , 20?� NJPA Contract # 031517-CTL
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2020-0829
Agenda Date: 10/20/2020 Version: 1 Status: Agenda Ready
In Control: City Council Meetinq
Agenda Number: A.11
JORDAN DISPOSAL, LLC:
File Type: Resolution
A RESOLUTION TO APPROVE AN AGREEMENT WITH JORDAN DISPOSAL, LLC FOR THE
HAULING OF SOLID WASTE IN THE CITY OF FAYETTEVILLE
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 an agreement with
Jordan Disposal, LLC, a copy of which is attached to this Resolution, for the hauling of solid waste in the City
of Fayetteville.
City of Fayetteville, Arkansas Page 1 Printed on 1011512020
Shannon Newman
Submitted By
City of Fayetteville Staff Review Form
2020-0829
Legistar File ID
10/20/2020
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
10/1/2020 RECYCLING/TRASH COLLECTION (750)
Submitted Date Division / Department
Action Recommendation:
A resolution to approve an agreement between the City of Fayetteville, Arkansas and Jordan Disposal, LLC to haul
and dispose of solid waste in the City of Fayetteville
Budget Impact:
Account Number
Project Number
Budgeted Item? NA Current Budget
Funds Obligated
Current Balance
Does item have a cost? NA Item Cost
Budget Adjustment Attached? NA Budget Adjustment
Remaining Budget
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Fund
Project Title
$
V20180321
Previous Ordinance or Resolution #
Approval Date:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF OCTOBER 20, 2020
TO: Mayor Jordan and City Council
CITY COUNCIL MEMO
THRU: Peter Nierengarten, Environmental Director
Jeff Coles, Recycling and Trash Collections Director
FROM: Shannon Newman, Financial Analyst - Recycling and Trash Collections
DATE: October 1, 2020
SUBJECT: A resolution to approve an agreement between the City of Fayetteville,
Arkansas and Jordan Disposal, LLC to haul and dispose of solid waste in the City of
Fayetteville
RECOMMENDATION:
Staff recommends City Council approval of a resolution with Jordan Disposal, LLC for the
hauling and disposal of solid waste in the City of Fayetteville.
BACKGROUND:
City Code 50.29 - Private Collectors; Contract With City Required
No person, except a duly authorized agent or employee of the city, shall empty garbage or trash
receptacles, or convey or transport garbage or trash on the streets or public thoroughfares of
the city, without a written contract with the city. (Code 1965, §10-46; Ord. No. 1194, 4-6-59;
Code 1991, §50.29)
In accordance with this City Code, Jordan Disposal has submitted a request for contract to haul
solid waste within the city limits of Fayetteville.
There are currently 11 approved franchise haulers operating in the city of Fayetteville. Attached
is a list of these haulers and the materials they are approved to haul.
DISCUSSION:
The hauling contract will permit Jordan Disposal to collect and haul Class 1 and Class 4 solid
waste using open -top roll -off style containers with capacities of 20 cubic yards or greater, or roll -
off style compactors with capacities of 20 cubic yards or greater. No unseparated recyclables,
with the exception of construction/demolition waste, shall be hauled from any customer within
the corporate limits of the City of Fayetteville.
The agreement requires Jordan Disposal to pay a monthly fee to the City of Fayetteville of 10%
of the gross revenue received for providing solid waste hauling services.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
The term of the agreement will be 2 years with automatic renewals for 2 additional 2-year terms.
Staff proposes approval for Jordan Disposal, LLC to haul and dispose of solid waste within the
City of Fayetteville per the terms of the attached agreement.
BUDGET/STAFF IMPACT:
None
Attachments:
Jordan Disposal, LLC Letter of Request
Jordan Disposal, LLC Registration Documents
Franchise Haulers
Jordan Disposal, LLC Agreement to Haul and Dispose of Solid Waste in the City of Fayetteville
City of Fayetteville
City Attorney
113 West Mountain
Fayetteville AR 72701
Mr. Pennington,
September 3, 2020
My name is Gregg Klumper, I am the General Manager of Jordan Disposal LLC out of Galena KS
Jeff Coles contacted me today and informed me we are breaking a city ordinance by having one of our
roll off containers set within city limits (we are removing that container today) while not having a
franchise agreement with the City of Fayetteville.
I would like to ask the City of Fayetteville for a franchise agreement with Jordan Disposal LLC so that we
may provide roll off trash collection services within the city limits. We would provide the following sizes
of roll off containers: 10-yard, 20-yard, 30-yard, 40-yard.
Please feel free to contact me to answer any questions you may have about our operation. Please let me
know when this matter will be brought before city council.
Thank you,
4-
Gregg Klumper
General Manager
Jordan Disposal LLC
1040 E. Front St
Galena KS 66739
Cell: 620-210-2177
Office: 417-624-4469
Greg&@Jordandisposal.com
rQ16 0-'j 01,
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i
) OF STATE
John Thurston
ARKANSAS SECRETARY OF STATE
To All to Whom These Presents Shall Come, Greetings:
I, John Thurston, Arkansas Secretary of State of Arkansas, do hereby certify that
the following and hereto attached instrument of writing is a true and perfect copy of
Application for Certificate of Registration of For. LLC
of
JORDAN DISPOSAL LLC
filed in this office
September 23, 2020
In Testimony Whereof, I have hereunto set my hand
and affixed my official Seal. Done at my office in the
City of Little Rock, this 23rd day of September 2020.
John Thurston
Secretary of State
Online Certificate Authorization Code: 3560365f6b93a258e07
To verify the Authorization Code, visit sos.arkansas.gov
WHIM-1201 M-0 "ORMIUM
FILED - Arkansas Secretary of State - John Thurston - Doc#: 13189702001 - Filing#: 811266532 - Filed On: 912312020 - Page(s): 2
App. for Certificate of Registration of For. LLC
Filing
Filing Act: 1003 of 1993
Foreign Date of Origin: 2018-11-16
State of Origin: KS
Foreign Country of Origin: USA
Entity Name: JORDAN DISPOSAL LLC
File Date: 2020-09-23 07:03:32
Filing Signature: GREGG KLUMPER
Signature Title: Manager
Registered Agent:
First Name: GREGG
Last Name: KLUMPER
Address 1: 15645 W HWY 72
City: GRAVETTE
State: AR
Zip: 72736
Country: USA
Phone: 620-210-2177
Email: GREGG@JORDANDISPOSAL.COM
First Name: MADS •
Last Name: GISSELBAEK
Title: Incorporator/Organizer
Address 1: 1040 E. FRONT ST
City: GALENA
State: KS
Zip: 66739
Country: USA
First Name: GREGG
Last Name: KLUMPER
Title: Manager
Address 1: 1040 E. FRONT ST.
City: GALENA
State: KS
Zip: 66739
Country: USA
Foreign Contact
Entity Name: Jordan Disposal LLC
Address 1: 1040 E. Front St.
City: Galena
State: KS
Zip: 66739
Phone Number: 88$-624-4469
Email Address: GregggJordandisposal.com
STATE OF KANSAS
OFFICE OF
SECRETARY OF STATE
SCOTT SCHWAB
I, SCOTT SCHWAB, Secretary of State of the state of Kansas, do hereby certify, that
according to the records of this office.
Business Entity ID Number: 9221722
Entity Name: JORDAN DISPOSAL, LLC
Entity Type: DOM: LTD LIABILITY COMPANY
State of Organization: KS
was filed in this office on November 16, 2018, and is in good standing, having fully
complied with all requirements of this office.
No information is available from this office regarding the financial condition, business
activity or practices of this entity.
0 Secretary of state seal In testimony whereof I execute this certificate and affix
the seal of the Secretary of State of the state of Kansas
on this day of September 22, 2020
❑® Signature of Secretary of State
SCOTT SCHWAB
SECRETARY OF STATE
Certificate ID: 1149022 - To verify the validity of this certificate please visit
https://www.kansas.gov/bess/flow/validate and enter the certificate ID number.
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AGREEMENT TO HAUL AND DISPOSE OF
SOLID WASTE IN THE CITY OF FAYETTEVILLE
i
This Agreement (the "Agreement-), is entered into on this day of 2020, between
the City of Fayetteville, Arkansas, a municipal corporation (the "City"), and .lordia
(the "Hauler"), and shall be in full force and effect on the date first written above, City and Hauler agree
as follows:
The term of this Agreement shall be for two (2) years, with automatic renewals for two (2)
additional two (2) ye4 terms, unless otherwise terminated pursuant to the terms hereof. Notice of
non -renewal by either City or Hauler shall be given at least thirty days prior to the end of the
current term.
2. Hauler agrees that frlotn and after the original date of this Agreement, all customer service
Agreements for facilities within the corporate limits of the City, excluding residential areas,
entered into before or'after the effective date of this Agreement, or renewed shall have terms of no
more than one (1) year and any subsequent extensions shall be for terms of no more than one (1)
year. No customer service Agreement shall extend the terms of this Agreement.
i
3. Hauler agrees and understands that it may only collect and haul Class 1 and Class 4 Solid Waste
and/or Recyclables wing the type equipment commonly referred to as open -top roll -off style
containers with capacities of twenty (20) cubic yards or greater, or roll -off style compactor
containers with capacities of twenty (20) cubic yards or greater, containing waste generated from
industrial, large commercial or construction/demolition activities, or which is classified as Special
Waste, Hazardous Waste, grease or any other type Solid Waste which requires special handling or
disposal. Hauler shall not collect any Class 1 or Class 4 material in other containers. No recyclables
shall be hauled from any customer within the corporate limits of the City of Fayetteville.
4. In consideration of the right to provide the hauling of solid waste described in Item #3 above,
Hauler agrees and understands that it shall be required to pay a monthly fee of (10%0) percent
(the "Solid Waste Feet ") of the gross revenue received for providing solid waste hauling services,.
5. Hauler agrees and understands that it shall deliver all Class 1 and Class 4 waste to a properly
licensed landfill facility. Hauler shall pay all transfer station fees to the transfer station operator
and all landfill fees to the landfill operator, as they may be established and amended, from time to
time.
b. Hauler shall pay all! fees due hereunder, along with submitting "Attachment A: Solid Waste
Documentation", or page 1 of Attachment A in conjunction with an agreed upon vendor generated
report, on or before t je 15'h of each calendar month for the immediately preceding calendar month.
Payments of fees received after the due date shall be assessed a 10% penalty per month. If"Hauler
fails to pay the fees' within forty-five (45) days of the due date, the City may terminate this
Agreement upon delivery of one (1) written notice to the Hauler. The supporting information shall
be sufficient to demo nstrate the accuracy of the fee calculation, and shall include the following
information: (i) Haulcr's worksheet calculating the fees remitted; (ii) a list of payments received
from customers within the City; (iii) such list shall clearly indicate whether each payment was
from a permanent or temporary customer, and (iv) the fee shall be based upon all activity from
each customer accoufat within the City, and shall include the normal billing charges for all free or
discounted services (including those for non-profit organizations) including but not limited to
Page 1 of 5
delivery, pull charges, disposal charges, transportation charges, final pull charges, and return
charges. With payment remittance, the City will review and obtain certain trade secret
information, including rates, frequency of service, customer lists, and other customer information
("Confidential Information"). The City asserts this information is exempt from disclosure under
the Arkansas Freedom of Information Act as the information meets the exemption for records that
"if disclosed would give advantage to competitors."
7. The City shall have the right to conduct an audit of Hauler's customer tiles and records for all
customers Iocated within the City, provided that such audit privilege shall be limited to once per
calendar quarter. If such audit reveals the Hauler should have paid at least 5% more than reported,
the cost of the audit shall be paid by the Hauler to the City. During such audit, the City may review
and obtain certain trade secret information, including rates, frequency of service, customer lists,
and other customer information ("Confidential Information"). This information shall not be
divulged to any third party by the City, its employees, officers, or elected officials without the
express written consent of the Hauler, or as otherwise required by law. The City asserts this
information is exempt from disclosure under the Arkansas Freedom of Information Act as the
information meets the exemption for records that "if disclosed would give advantage to
competitors."
8. The City will advise Hauler of any request for information which the City, at the City's sole
discretion, determines to be non-disclosable or otherwise subject to an exemption from disclosure
under the Arkansas Freedom of Information Act. If a court of competent jurisdiction determines
that said requested information is disclosable or otherwise is not exempt from disclosure under the
Arkansas Freedom of Information Act, the City will comply with said finding and notify Hauler.
Discovery requests made to the City during the course of any litigation, or any other subpoena or
court order issued to the City for information or records related to Hauler and this Agreement, shall
be promptly made known to Hauler.
9. Hauler agrees and understands that it shall submit to the City by June 30'h on an annual basis: (i)
a list of all commercial vehicles used to provide services in the City; (ii) proof of appropriate
vehicle registration; (iii) and proof of the insurance required in the Agreement.
10. Hauler agrees and understands that it shall provide by June 30'h on an annual basis: (i) a list of
vehicle operators collecting and hauling waste in the City of Fayetteville; (ii) proof of their valid
and appropriate commercial drivers' licenses; (iii) and the provision, maintenance, and
implementation of a plan to ensure that the vehicle operators maintain their commercial driver's
licenses in accordance with applicable federal and state laws.
11. Hauler agrees that it shall provide by June 30'h on an annual basis copies of valid and current
hauling and disposal permits from the Arkansas Department of Environmental Quality, the Solid
Waste District with jurisdiction, and any local permitting agency.
12. Hauler agrees that it shall comply with all federal, state and local laws applicable to the safety,
environmental and transportation matters related to providing solid waste collection services under
this Agreement. Hauler agrees that all open -top roll -off style containers will be properly covered
during transit on streets and highways within Fayetteville.
13. The City reserves the;right to inspect all vehicles and containers to ensure that the vehicles are safe
and well -maintained and that all containers are well -maintained and water tight, if necessary.
Page 2 of 5
14. If Hauler utilizes the City's transfer station, Hauler agrees and understands that it shall be required
to establish an individual credit or service relationship with the City of Fayetteville transfer station
operator. Hauler agrees that it shall comply with all practices, policies and procedures as
established by the transfer station operator from time to time. Any tipping fee deposits required by
the transfer station or landfill operators shall be refunded, less any unpaid tipping fees, when the
Hauler ceases hauling activities governed by this Agreement.
15. This Agreement has been entered into freely and voluntarily by Hauler which agrees to abide by
all of the terms and conditions as a matter of contractual obligation pursuant to applicable City
ordinances. This is a contractual Agreement and is not intended to be part of or relate in any way
to any license or ordinance created pursuant to A.C.A. §26-77-102.
16. Neither this Agreement, nor any rights or obligations hereunder may be assigned or transferred to
any third part or affiliate.
17. For the purpose of this contract, the Point of Contact for the City of Fayetteville shall be the City's
Environmental Director. The Point of Contact for the Hauler shall be _Gregg Klumper
Communications pertaining to day-to-day aspects of this contract shall be through these
individuals. Either party may change its designated Point of Contact upon ten (10) days prior
written notice to the It party.
18. Hauler agrees to protect, indemnify, defend and save harmless the City, its officials, officers,
employees, agents, subcontractors, representatives and assigns from any loss, claim, liability,
penalty, fine, forfeiture, demand cause of action, suit and costs and expenses incidental thereto
(including costs of defense, settlement and reasonable attorneys' fees), to the extent caused by (i)
Hauler's breach of any term, condition, covenant or warranty contained in this Agreement, or (ii)
Hauler's negligent act or omission or willful misconduct related to the delivery of waste to the
City transfer station or a properly licensed landfill facility.
19. Insurance: Hauler shIall maintain the following insurance coverage during the term of this
Agreement:
a) Hauler shall provide and maintain, during the term of this Agreement,
comprehensive general liability insurance, to protect against all claims arising out
of the performance of its services hereunder that result in bodily injury, death or
property damage. The policy or policies shall contain a clause that the insurer will
not cancel or decrease the insurance coverage without first giving the City sixty
(60) days notice in writing.
b) Upon written request, Hauler shall famish the City with evidence that the insurance
required of it is in force.
c) City will be added as an additional insured on General Liability and Auto Liability
policies.
d) The types of coverage and limits of liability of all insurance required herein shall
be a follows:
s COVERAGE
LIMITS OF LIABILITY
Worker's Compensation
Statutory
Employer's Liability
$500.000
Page 3 of 5
20
Bodily Injury Liability except
$1,000,000
Automobile
each occurrence
Property Damage Liability Except
$1,000,000
Automobile
each aggregate
Automobile Bodily Injury
$1,000,000 eachperson_
Comprehensive General
$1,000,000
Liability
each occurrence
Automobile Property
$1,000,000
Dania a Liability
each occurrence
Excess Umbrella
$1,000,000
(Liability
each occurrence
Termination:
a) Except as otherwise provided herein, if Hauler breaches this Agreement or defaults
in the performance of any of the requirement or conditions contained herein, and
such breach continues for fifteen (15) days after the City has given the Hauler
written notice of such breach or default, the City may: (i) terminate this Agreement
no sooner than thirty (30) days after the date of written notice of such breach or
default; (ii) cure the breach or default at the expense of the Hauler; and/or (iii)
exercise any right or remedy to which it may be entitled by law.
b) The City may terminate this Agreement upon written notice to the Hauler if the
Hauiei makes an assignment for the benefit of creditors, or files a voluntary petition
in bankruptcy, receivership or insolvency, or files an answer in any involuntary
proceeding of that nature admitting the material allegations of the petition, or if a
proceeding in bankruptcy, receivership or insolvency shall be instituted and such
proceeding is not dismissed within sixty (60) days.
c) In the'event that this Agreement is terminated for any reason, any amounts payable
to the Pity by Hauler for services rendered for any reason whatsoever shall become
immediately due and payable as of the date of such termination.
21. All notices required or permitted under this contract shall be submitted in writing to the other party
of this contract by electronic mail, return receipt requested, and by U.S. Mail, which notice shall
be effective three (3) days after deposit therein addressed to the following:
City of Fayetteville
Jordan Disposal, LLC
Environmental Director
Attn: Gregg Klumper, General Manager
113 West Moivatain Street
1040 E. Front Street
Fayetteville, AR 72701
Galena, KS 66739
22. Hauler agrees and Understands that this Agreement and documents submitted to the City pursuant
hereto are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act
request is presented to the City of Fayetteville requesting such non-exempt documents, such non-
exempt documents shall be provided in a prompt and timely manner as prescribed in the Arkansas
Freedom of Information Act (Ark. Code Ann. § 25-19-101 et seq.). Only legally authorized
photocopying costs may be assessed for this compliance.
Page 4 of 5
23. This Agreement shall ;be interpreted according to and enforced under the laws of the State of
Arkansas. Capitalized terms herein shall have the same meaning as set forth in ADEQ Reg. No.
22.
24. A waiver by either party of any of the terms or conditions herein shall be limited to that particular
instance, and shall not be construed as a general waiver of either parry's right to seek appropriate
remedies for any other breaches by either party.
25. Each paragraph of the Agreement is severable from all other paragraphs. In the event any court of
competent jurisdiction determines that any paragraph or subparagraph is invalid or unenforceable
for any reason, all remaining paragraphs and subparagraphs shall remain in full force and effect.
26. This contract constitutes the entire understanding of the parties and no Notification or variation of
the terms of this contract shall be valid unless made in writing and signed by the duly authorized
agents of the City of Fayetteville and the Hauler.
27. Each of the undersigned warrants that he or she has the full right, power, and authority to execute
this contract on behalf of the party indicated for the purposes herein contained.
28. To the extent a definition or a specific term is not provided herein but is nonetheless required by
the context, it is the intention of the parties to incorporate herein the definitions contained in
applicable law and regulation in effect as the date hereof, except to the extent subsequent law or
regulation shall expressly or implicitly mandate a revised definition.
29. The obligations of the parties to this Agreement, which by their nature would continue beyond the
termination, cancellation or expiration of this Agreement, shall survive the termination (for any
reason), cancellation or expiration of this Agreement.
IN WITNESS WHEREOF, we have hereunto set our hands on the date first written above.
CITY OF FAYETTEVILLE
By:
LIONELD JORDAN, Mayor
ATTEST:
By:
KARA PAXTON, City Clerk
JORDAN DISPOSAL, LLC
By, �L wt eA,
N ME, Title
WITNESS:
Page 5 of 5
Attachment A: Solid Waste Documentation
Required Supporting Information For Monthly Payment of Fees
Due on or before the 15th of each calendar month for the immediately
preceding calendar month. Payments of the fees received after the due
date shall be assessed a 10% penalty per month.
Hauler:
Month:
1. Please give the number of permanent customer accounts you have within the
corporate limits of the City of Fayetteville for the month reported.
2. Please give the number of temporary customer accounts you have within the
corporate limits of the City of Fayetteville for the month reported.
3. Please give the total number of containers placed with all your customer
accounts within the corporate limits of the City of Fayetteville for the month reported.
4. For each account identified above, please complete the attached form showing your unique
account identifier which is blind to the City, the account type, the total number of containers with
that account, the total number of pulls with that account, and the monthly revenues collected by
container for that account. (A form is required for each customer account identified in item #1
and item #2. The container total from all the forms should equal the container total specified
in item #3.)
5. The forms completed for item #4 above should include all normal billing charges for free, donated,
or discounted services. These normal billing charges should include but not be limited to
delivery, pull charges, disposal charges, transportation charges, final pull charges, and
return charges. Only donated or discounted services to non-profit organizations may be
excluded.
6. Total fee remitted to the City of Fayetteville for the month reported.
(This should equal the total of all the account fees calculated on the attached forms.)
I swear or affirm that all of the information provided above and on all attached forms is true,
correct, and complete to the best of my knowledge and belief.
Printed Name
Signature
Title
Phone #
Date
Customer Account Identifier
(use your unique identifier that is blind to the City)
Customer Account Type
(permanent or temporary)
Total containers with account
Total number of pulls with account
Container #
Monthly Revenues
1
2
3
4
5
6
7
8
9
10
Total:
Donated or
Discounted
Normal
Container #
Billing Charge
1
2
3
4
5
Total:
Grand Total:
10% of Grand Total:
Fee to be remitted to City
for this account
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2020-0828
Agenda Date: 10/20/2020 Version: 1 Status: Agenda Ready
In Control: City Council Meetinq File Type: Resolution
Agenda Number: A.12
BID #20-69 TERRA FIRMA HOLDINGS, LLC D/B/A T.F. THOMPSON CO. ROOFING:
A RESOLUTION TO AWARD BID #20-69 AND AUTHORIZE A CONTRACT WITH TERRA FIRMA
RESTORATIONS, LLC DB/A T.F. THOMPSON CO. ROOFING & WATERPROOFING IN THE
AMOUNT OF $46,200.00 FOR REPLACEMENT OF THE GARLAND AVENUE HEAD START
BUILDING ROOF, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF
$6,900.00
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards bid #20-69 and
authorizes Mayor Jordan to sign a contract with Terra Firma Restorations, LLC d/b/a T.F. Thompson Co.
Roofing & Waterproofing in the amount of $46,200.00 for replacement of the Garland Avenue Head Start
building roof, and further approves a project contingency in the amount of $6,900.00.
City of Fayetteville, Arkansas Page 1 Printed on 1011512020
Matthew Cabe
Submitted By
City of Fayetteville Staff Review Form
2020-0828
Legistar File ID
10/20/2020
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
10/2/2020 FACILITIES MANAGEMENT (140)
Submitted Date Division / Department
Action Recommendation:
A Resolution to award BID# 20-69, to authorize a contract of $45,000 with T.F. Thompson Roofing for
replacement of the roof of the Head Start building located at 2052 S. Garland Avenue, and to approve a project
contingency of $6,900 (15%).
2180.642.4940-5315.00
Account Number
64940.2052
Project Number
Budget Impact:
Community Development
Fund
Garland Avenue Head Start Reroof
Project Title
Budgeted Item? Yes Current Budget
Funds Obligated
Current Balance
Does item have a cost? Yes Item Cost
Budget Adjustment Attached? No Budget Adjustment
Remaining Budget
$ 150,000.00
$ 80,390.95
69,609.05
$ 52,900.00
16,709.05
V20180321
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF OCTOBER 20, 2020
TO: Mayor and City Council
CITY COUNCIL MEMO
THRU: Paul Becker, Chief Financial Officer
Wade Abernathy, Director of Bond Projects and Facilities
Yolanda Fields, Community Resources Director
FROM: Matthew Cabe, Building and Facilities Maintenance Manager
DATE: October 1, 2020
SUBJECT: Approval of a contract in the amount of $46,200 with T.F. Thompson
Roofing Co. for removal and replacement of the roof of the Head Start
building located at 2052 S. Garland.
RECOMMENDATION:
A Resolution to award BID# 20-69, to authorize a contract of $46,200 with T.F. Thompson
Roofing for replacement of the roof of the Head Start building located at 2052 S. Garland
Avenue, and to approve a project contingency of $6,900 (15%).
BACKGROUND:
The roof of the Garland Ave. Head Start building has aged beyond its useful life, necessitating
frequent repairs to both the roof and the interior of the building due to water infiltration. This
project scope will remove the existing metal roofing and coating, and replace it with 30-year
asphalt shingles.
DISCUSSION:
On August 25, 2020, the Purchasing Division received construction bids for this project. T.F.
Thompson Roofing Co. submitted the low bid, which was $1,200 over Facilities Management's
estimate of $45,000. This project will be completed by the end of the year.
BUDGET/STAFF IMPACT:
This project is funded by CDBG Leased Facility Improvement funds and includes a 15% project
contingency.
Attachments:
Agreement with T.F. Thompson Roofing Co.
Vicinity Map
Bid Form
Recommendation for Award
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
CITY OF
FAYETTEVILLE
. ARKANSAS
City of Fayetteville, AR
Contract for: Construction of Head Start Roof Replacement
Contractor/Vendor: Terra Firma Restorations, LLC
D/B/A T.F. Thompson Roofing Co.
Term: Single Project
This contract executed this day of , 2020, between the City of Fayetteville, Arkansas
(City) and Terra Firma Restorations, LLC D/B/A T.F. Thompson Co. Roofing, T.F. Thompson Co. Roofing & Waterproofing (TF
Thompson, Vendor, Contractor) In consideration of the mutual covenants contained herein, the parties agree as follows:
1. TF Thomoson at its own cost and expense shall furnish all labor, materials, supplies, machinery, equipment, tools,
supervision, bonds, insurance, tax permits, and all other accessories and services necessary to complete items bid
per Bid 20-69, Construction — Head Start Roof Replacement as stated in TF Thompson bid response, and in
accordance with specifications attached hereto and made a part hereof under Bid 20-69, all included herein as if
spelled out word for word.
a. The City of Fayetteville shall pay TF Thomoson for completion of the project based on prices indicated in
Appendix B, for a not to exceed price of $46,200.00 US DOLLARS.
b. Payments will be made after approval and acceptance of work and submission of invoice Payments will be
made approximately 30 days after approval of invoice. The City of Fayetteville reserves the right to request
receipts for materials purchased for the City of Fayetteville from suppliers, subcontractors, or other
sources. Invoices shall be submitted itemized to the detail and breakout presented in the bid form.
2. The Contract documents which comprise the contract between the City of Fayetteville and TF Thomoson consist of
this Contract and the following documents attached hereto, and made a part hereof:
a. Appendix A: Bid package identified as Bid 20-69, Construction — Head Start Roof Replacement with the
specifications and conditions typed thereon inclusive of all bidding documents, plans and drawings and
issued addenda.
b. Appendix B: TF Thomoson bid proposal.
c. Appendix C: Recommendation for Award, inclusive of the bid tabulation
d. Appendix D: TF Thomoson Certificate of Insurance
3. These Contract documents constitute the entire agreement between the City of Fayetteville and TF Thomoson and
may be modified only by a duly executed written instrument signed by the City of Fayetteville and TF Thomoson.
4. TF Thomoson shall not assign its duties under the terms of this agreement.
5. TF Thomoson agrees to hold the City of Fayetteville harmless and indemnify the City of Fayetteville, against any and
all claims for property damage, personal injury or death, arising from TF Thomoson performance of this contract.
This clause shall not in any form or manner be construed to waive that tort immunity set forth under Arkansas Law.
6. TF Thomoson shall furnish a certificate of insurance addressed to the City of Fayetteville, showing that applicable
coverage exists for the following insurance which shall be maintained throughout the term of the Contract. Any
work sublet, the contractor shall require the subcontractor similarly to provide worker's compensation insurance.
City of Fayetteville, AR
Bid 20-69, Construction — Head Start Roof Replacement
Page 1 of 4
In case any employee engaged in work on the project under this contract is not protected under Worker's
Compensation Insurance, TF Thomoson shall provide and shall cause each Subcontractor to provide adequate
employer's liability insurance for the protection of such of his employees as are not otherwise protected. The
premiums for all insurance and the bond required herein shall be paid by TF Thomoson.
a. Workmen's Compensation: Statutory Amount
b. Comprehensive General & Automobile Insurance: $500,000 for each person injured.
c. Bodily Injury Liability: $1,000,000 for each accident.
d. Property Damage Liability: $1,000,000 aggregate.
7. TF Thomoson shall furnish proof of licensure as required by all local and state agencies.
8. This contract may be terminated by the City of Fayetteville or TF Thomoson with 30 calendar days written notice.
9. Freedom of Information Act: City of Fayetteville contracts and documents prepared while performing city
contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request
is presented to the City of Fayetteville, the contractor will do everything possible to provide the documents in a
prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. 25-19-101 et. Seq.).
Only legally authorized photo coping costs pursuant to the FOIA may be assessed for this compliance.
10. Changes in scope or price: Changes, modifications, or amendments in scope, price or fees to this contract shall not
be allowed without a prior formal contract amendment approved by the Mayor and the Fayetteville City Council in
advance of the change in scope, cost or fees.
11. Jurisdiction: Legal jurisdiction to resolve any disputes shall be Washington County, Arkansas with Arkansas law
applying to the case. The City will not agree to be forced to mediate or arbitrate any dispute.
12. Contractor's Representations:
a. TF Thomoson has examined and carefully studied all contract documents.
b. TF Thomoson shall visit the project sites and become familiar with and is satisfied as to the general, local,
and Site conditions that may affect cost, progress, performance, and furnishing of the Work.
c. TF Thomoson is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that
may affect cost, progress, performance, and furnishing of the Work.
d. TF Thomoson will carefully study all:
A. Reports of explorations and tests of subsurface conditions at or contiguous to project sites
and all drawings of physical conditions in or relating to existing surface or subsurface
structures at or contiguous to the Site; and
B. Reports and drawings of a Hazardous Environmental Condition, if any, at the Site. TF
Thomoson acknowledges that The City of Fayetteville and Engineer do not assume
responsibility for the accuracy or completeness of information and data shown or indicated
in project documents with respect to Underground Facilities at or contiguous to the Site.
e. TF Thomoson will obtained and carefully studied (or assumes responsibility of having done so) all such
additional supplementary examinations, investigations, explorations, tests, studies, and data concerning
conditions (surface, subsurface, and Underground Facilities) at or contiguous to project sites or otherwise
which may affect cost, progress, performance, and furnishing of the Work or which relate to any aspect
City of Fayetteville, AR
Bid 20-69, Construction — Head Start Roof Replacement
Page 2 of 4
of the means, methods, techniques, sequences, and procedures of construction to be employed by TF
Thomoson and safety precautions and programs incident thereto.
f. TF Thomoson does not consider that any additional examinations, investigations, explorations, tests,
studies, or data are necessary for the performing and furnishing of the Work at the Contract Price, within
the Contract Times, and in accordance with the other terms and conditions of the Contract Documents.
g. TF Thomoson is aware of the general nature of work to be performed by The City of Fayetteville and others
at the Site that relates to the Work as indicated in the Contract Documents.
h. TF Thomoson has correlated the information known to TF Thomoson, information and observations
obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all
additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents.
i. TF Thomoson has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that TF
Thomoson has discovered in the Contract Documents and the written resolution thereof by Engineer is
acceptable to TF Thomoson.
j. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and
conditions for performance and furnishing of the Work.
k. TF Thomoson is responsible for obtaining all applicable permits; however, fees for the City issued permits
shall be waived.
I. Any use of a third -party dumpster or roll off container shall be procured from the City of Fayetteville
Recycling and Trash Collection Division. Use of a Non -City dumpster or roll off container is not allowed.
13. Liens: No liens against this construction project are allowed. Arkansas law (A.C.A. §§18-44-501 through 508)
prohibits the filing of any mechanics' of materialmen's liens in relation to this public construction project. Arkansas
law requires, and the contractor promises to provide and file with the Circuit Clerk of Washington County a bond
in a sum equal to the amount of this contract. Any subcontractor or materials supplier may bring an action for non-
payment or labor or material on the bond. The contractor promises to notify every subcontractor and materials
supplier for this project of this paragraph and obtain their written acknowledgement of such notice prior to
commencement of the work of the subcontractor or materials supplier.
14. Liquidated Damages: N/A
15. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority
and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of
Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority
and women business enterprises.
City of Fayetteville, AR
Bid 20-69, Construction — Head Start Roof Replacement
Page 3 of 4
WITNESS OUR HANDS THIS DAY OF .2020.
CITY OF FAYETTEVILLE, ARKANSAS
Bv:
Lioneld Jordan, Mayor
ATTEST
By:
Kara Paxton, City Clerk
Date Signed:
City of Fayetteville, AR
Bid 20-69, Construction — Head Start Roof Replacement
Page 4 of 4
Terra Firma Restorations. LLC
D/B/A T.F. Thompson Co. Roofing,
T.F. Thompson Co. Roofing & Waterproofing
By: Tyler Kerley/ Operations Manager
Printed Name and Title
By: 4
Signature
Date Signed:
Contract for Bid 20-69
Appendix A
City Bid Package
Project Manual
FAME VJi�
xswO
� G
KANS
CONSTRUC Head Start Roof
placement
BID # 20-69
Date: August 2020
City of Fayetteville, AR
Bid 20-69, Construction - Head Start Roof Replacement
Page 1 of 31
CITY OF
FAYETTEVILLE
ARKANSA5
Project Check List
This checklist is for the Bidder's use in preparing & submitting a bid. It is not intended to include all details necessary to
prepare a bid and shall not be used as a substitute for the requirements of the bid documents. Information is shown below
only as a matter of convenience. Use of this checklist does not relieve the Bidder from the responsibility of meeting all
requirements of the Specifications concerning the preparation of an acceptable bid. Bidders are welcome to use this form
as a coversheet for a sealed envelope; however, using this form itself is NOT a requirement.
F-1
5% Bid Bond of the amount bid accompanied by required documentation (Power of Attorney, etc.)
In lieu of a bid bond, the bidder may submit a cash ck from a bank located in the State of Arkansas
for at least five percent (5%) of the amount bid (in sive of any deductive alternates). Cashiers checks
shall be made payable to the City of Fayettevill , AR.
F-1 All addenda shall be signed, acknowledged, itted o th ppropriate for s mitting the actual
addendums or marking acknowledgement on er id page .
All line items shall be appropriately f and F-1ext ed� eal the li rice as well as the total bid
price. Total base bid should be calc I the prov ed ace.
All pages provided wi sig to li es sh be ropriate ned, dated accordingly, and included with
F-1 submitted bid documen
F-1 All bid documents shall be deliver i aTed env o address listed below before the stated deadline
on the coversheet of the bid. All bid Id be with the name of the bidder (contractor) on the sealed
envelope as well as the bidders Arkansas Contracto Li se Number.
*t etteville, AR
Purc sin ivision — Suite 306
♦ 13 W. Mountain
` a tteville, AR 72702
CONTRACTOR NAME: C)
ARKANSAS CONTRACTORS LICENSE NUMBER:
City of Fayetteville, AR
Bid 20-69, Construction - Head Start Roof Replacement
Page 2 of 31
City of Fayetteville
Bid 20-69, Construction - Fabric Storage Building
Advertisement
INVITATION TO BID
City of Fayetteville, Arkansas
Bid 20-69, Construction — Head Start Roof Replacement
The City of Fayetteville is accepting bids from properly licensed and authorized firms for the materials, delivery, remove and dispose of
old, and installation of a new asphalt shingle roof of the Fayetteville Head Start. Questions should be addressed to Les McGaugh,
Purchasing Agent at Imcgaugh@fayetteville-ar.gov or by calling (479) 575-8220.
Sealed bids shall be submitted to the City of Fayetteville (City), AR by Tuesday August 25, 2020 before 2:00 PM, Local Time. Bids
received after this time will not be accepted. Bids will be opened and publicly read aloud immediately after specified closing time. All
interested parties are invited to attend. Bids shall be received at the following location:
City of Fayettevill
Purchasing Division Room 3 Hall
113 West Mou tain S et
Fayettevill, sas 7 701
A non -mandatory Pre -Bid meeting will be held Wednesday 0 at 1 AM onsite. Inform ding the pre -bid
meeting is available on the project page on the City's electr i g platfor 1.A terested parties e e uraged to attend.
All bids shall be submitted in accordance with the attac cations a entsSattakhPection.
o. ach bidder is required
to fill in every blank and shall supply all information r to , failure to dos be used a
Bid Documents shall be obtained from the Ci teville sin Division ellp
at no cost. No partial sets will be
issued.
All vendors intending on biddin all er s a p hold by notify es McGaugh, Purchasing Agent, via e-mail at
Imcgaugh@favetteville-ar.gov. Wh gas *pla ho r, vendor hall su it primary contact information including name of
contractor, primary contact, phone mber, fax physical a . Failure to register as a plan holder can result in your
bid being rejected. Sub -Contractors d supp' s I strongI a to obtain documents directly from the City and get
registered as a plan holder. `
Each bid shall be accompanied by a cashier's check from a bank do usiness in the State of Arkansas or a corporate bid bond in an
amount not less than five (5) percent of the amount bid. hundred percent (100%) performance and payment bond is required
with the contract awarded and shall be file marked by e a ngton County Circuit Clerk's Office upon receipt to the City. This is a
federally funded project. A contractor's license fro th State of Arkansas Contractor's Licensing Board is not required at the time of
bid; however, no contractor shall submit a bi4u er rior to submitting application for licensure. The City shall not execute any
construction contract unless and until the �e�u ' d for the project furnishes an appropriate license issued by the board.
Bidders shall be qualified to do business Nllio
sed in accordance with all applicable laws of the state and local governments where
the Project is located.
Certain mandatory federal requirements apply to this solicitation and will be made a part of any contract awarded:
1. Buy American Preferences (Title 49 U.S.C. Chapter 501)
2. Foreign Trade Restrictions (49 CFR 30.17)
3. Davis Bacon Labor Provisions (29 CFR Parts 1, 3, and 5)
4. Requirement for Affirmative Action (41 CFR Part 60-4)
5. Debarment, Suspension, Ineligibility, and Voluntary Exclusion
6. Requirements for Drug -free Workplace
City of Fayetteville, AR
Bid 20-69, Construction - Head Start Roof Replacement
Page 3 of 31
Each bid shall be accompanied by a cashier's check from a bank doing business in the State of Arkansas or a corporate bid bond in an
amount not less than five (5) percent of the amount bid. A one hundred percent (100%) performance and payment bond is required
with the contract awarded and shall be file marked by the Washington County Circuit Clerk's Office upon receipt to the City. A State of
Arkansas Contractor's License is required for all bid and license shall be valid at the time of bid deadline. Bidders shall be qualified to
do business and licensed in accordance with all applicable laws of the state and local governments where the Project is located.
The City reserves the right to reject any or all Bids and to waive irregularities therein, and all Bidders shall agree that such rejection
shall be without liability on the part of the City for any damage or claim brought by any Bidder because of such rejections, nor shall
the Bidders seek any recourse of any kind against the City because of such rejections. The filing of any Bid in response to this
invitation shall constitute an agreement of the Bidder to these conditions. Awarding this project shall be contingent upon grant
funding being approved and received.
Pursuant to Ark. Code Annotated §22-9-203, The City of Fayetteville encourages all qualified small, minority and women business
enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general
contractors to subcontract portions of their contract to qualified small, minority and women business enterprises.
CITY OF FAYETTEVILLE, AR
By: Les McGaugh
Title: Purchasing Agent
P: 479-575-8220
Email: Imcgaugh@fayetteville-ar.gov
TTD (Telecommunications Device for the Deaf): 479-521-1316
Date of Advertisement: 08/02/2020, 08/09/2020
0
40
aG
C:)
City of Fayetteville, AR
Bid 20-69, Construction - Head Start Roof Replacement
Page 4 of 31
City of Fayetteville
Bid 20-69, Construction - Head Start Roof Replacement
Bid Form
Days to Final Completion: 20 Days from Receipt of PO
F.O.B. 2052 S. Garland, Fayetteville, AR 72701
Bid Form is available on Bonfire.
Bids shall be submitted on this bid form in its entirety AND accompanied by descriptive literature on the
products being bid. The City reserves the right to award this bid based on the City's best interest at the time of
product order.
P
THIS BID FOR�NTIONEXT PAGE.
C:j
ci
City of Fayetteville, AR
Bid 20-69, Construction - Head Start Roof Replacement
Page 5 of 31
EXECUTION OF BID -
Actual specification of any deficient item shall be noted on the bid sheet or separate attachment. If specifications of item
bid differ from provided literature, deviation shall be documented and certified by the manufacturer as a regular
production option.
Upon signing this Bid, the bidder certifies that:
1. He/she has read and agrees to the requirements set forth in this proposal, including specifications, terms,
standard conditions, and any pertinent information regarding the articles being bid on.
2. Unless otherwise noted and explained, the unit bid and listed meets or exceeds all of these requirements as
specified by The City of Fayetteville.
3. The Bidder can and will comply with all specifications and requirements for delivery, documentation and support
as specified herein.
4. I, as an officer of this organization, or per the attached lett uthorization, am duly authorized to certify the
information provided herein is accurate and true.
S. Bidder shall comply with all State and Federal*E portunity and Non-Discrimin ti r uirements and
conditions of employment in addition to all fed e t , and to S.
6. Bidder shall disclose any possible conflict o with th ettev'lle, 'n I i t not limited to, any
relationship with any City of Fayettevill oy e. Res onse isclose if elationship exists between
any principal or employee of your fir ny City o a ville employe ted City of Fayetteville official.
If no relationship exists, this shod?e stat ur esponse. F disclose such a relationship may
result in cancellation of a pur /or contr t a a esult of o e.
1 N RFLA HIP EXIST
2.) RELATION STS (PI s in
7. Bidder will perform the Work in compliance with all Iicable trench safety standards set forth in Occupational
Safety and Health Administration (OSHA) Wrc!�- Subpart P — Excavations.
8. Pursuant Arkansas Code Annot-1-503, the Contractor agrees and certifies that they do not
currently boycott Israel and i o ott Israel during any time in which they are entering into, or
while in contract, with an pub ntity as defined in §25-1-503. If at any time during contract the
contractor decides to boyc Isr 1, the contractor must notify the contracted public entity in writing.
As A bidder on this project, you are required to provide debarment/suspension certification indicating that you
are in compliance with the below Federal Executive Order. Certification can be done by completing and signing
this form.
Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving
individual awards, using federal funds, and all sub -recipients certify that the organization and its
principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded by any Federal department or agency from doing business with the Federal Government.
City of Fayetteville, AR
Bid 20-69, Construction - Head Start Roof Replacement
Page 6 of 31
b. Your signature below certifies that neither you nor your principal is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction
by any federal department or agency.
Unsigned bids will be rejected. Items marked * are mandatory for consideration.
*NAME OF FIRM:
*D/B/A or Corporation Name
*BUSINESS ADDRESS:
*CITY:
*PHONE:
*E-MAIL:
*BY: (PRINTED NAME)
*AUTHORIZED SIGNATURE:
*TITLE:
Purchase Order/Payments shall be issued to this name
*STATE: *ZIP:
FAX:
aw
+khAV%� Jot*460—
40,
DUNS NUMBER: IM WN ♦ GE
N �Nrxk
*TAX ID NUMBER:
Acknowledge Addendums:
Addendum No. Dated: �kgoclgecl by:
Addendum No. Dated: %f%,Acc owl edged by:
Addendum No. Dated: %, ) Acknowledged by:
Addendum No. Dated: Acknowledged by:
City of Fayetteville, AR
Bid 20-69, Construction - Head Start Roof Replacement
Page 7 of 31
City of Fayetteville
Bid 20-69, Construction - Head Start Roof Replacement
Instructions to Bidders
PART ONE - DEFINED TERMS
1.1 Terms used in these Instructions to Bidders which are defined in the General Conditions have the
meanings assigned to them in the General Conditions. Certain additional terms used in these
Instructions to Bidders have the meanings indicated below which are applicable to both the singular and
plural thereof.
1.2 Bidder - one who submits a Bid directly to City of Fayetteville as distinct from a sub -bidder, which
submits a bid to a Bidder.
1.3 Issuing Office - the office from which the Bidding Documents are to be issued and where the bidding
procedures are to be administered.
1.4 Successful Bidder - the lowest, responsible, and respo idder to whom the City of Fayetteville (on
the basis of the City of Fayetteville's evaluation as erei fter provided) makes an aw
PARTTWO - COPIES OF BIDDING DOCUMENTS `
2.1 Complete sets of the Bidding Docum s e numb n or the e si s if any, stated in the
Advertisement for Bids may be obt om the uinp ce.
2.2 Complete sets of Bidding Doc en must b us eparin City of Fayetteville assumes no
responsibility for errors i rpre ations Iting m th se of incomplete sets of Bidding
Documents.
2.3 City of Fayetteville and wner i copies o* i in ocuments available on the above terms do
so only for the purpose of obtain B s for t do not confer a license or grant for any other
use.
PART THREE - EXAMINATION OF SITE AND COi NaipOCUMENTS
3.1 Bidders are advised that the Dr4 Specifications are on file at the City of Fayetteville Purchasing
Division and shall constitut &Armation which the City of Fayetteville shall furnish. No other
information given or sourjLing a e by the City of Fayetteville or any official thereof, prior to the
execution of said contract, N&Over become a part of, or change the contract, drawings, specifications
and estimates, or be binding on City of Fayetteville.
Prior to submitting any Bid, Bidders are required to: read carefully the Specifications, contract, and
Bonds; examine carefully all Drawings; visit the site of the Work to carefully examine local conditions,
inform themselves by their independent research and sounding of the difficulties to be encountered,
and all attending circumstances affecting the cost of doing the work, and the time specified for its
completion; and obtain all information required to make an intelligent bid.
City of Fayetteville, AR
Bid 20-69, Construction - Head Start Roof Replacement
Page 8 of 31
3.2 Bidders shall rely exclusively upon their surveys, estimates, investigations, and other things which are
necessary for full and complete information upon which the bid may be made and for which a contract
is to be awarded. The Bid Form, providing for unit and lump sum prices bid by the Contractor, contains a
statement that all bids are made with the full knowledge of the difficulties and conditions that may be
encountered, the kind, quality and quantity of the plans, work to be done, excavation, and materials
required and with full knowledge of the drawings, profiles, specifications, and estimates and all
provisions of the contract and Bonds.
3.3 Bidders shall promptly notify owner of all conflicts, errors, ambiguities, or discrepancies which Bidder
has discovered in or between the Contract Documents and such other related documents.
3.4 Information and data shown or indicated in the Contract Documents with respect to existing
Underground Facilities at or contiguous to the site is based upon information and data furnished to City
of Fayetteville owner by City of Fayetteville's of such Underground Facilities or others, and City of
Fayetteville owner do not assume responsibility for the accuracy or completeness thereof unless it is
expressly provided otherwise in the Supplementary C ditions.
3.5 On request, City of Fayetteville will provide each Bidder ccess to the site to conduct ch examinations,
investigations, explorations, tests, and studio ch Bidder deems necessary for scion of a Bid.
Bidder must fill all holes and clean up and e he site former conditi completion of
such explorations, investigations, tests, an st e .
3.6 Reference is made to the General ments f the fication o neral nature of work that
is to be performed at the site i of Fay tte e or others uc s utilities and other prime
contractors) that relates to t w k or wh . to be su On request, and as available,
City of Fayetteville will o each Bidd r or ex i i access to or copies of Contract
Documents (other th o thereof ted o price) f ch work.
3.7 The submission of a Bi will c n incon4ro rti e representation by Bidder that Bidder has
complied with every requireme of is Art without exception the Bid is premised upon
performing and furnishing the Wo requir e Contract Documents and applying the specific
means, methods, techniques, sequences, or pro ures of construction (if any) that may be shown or
indicated or expressly required by theq Documents, that Bidder has given owner written notice
of all conflicts, errors, ambiguities, d i :repancies that Bidder has discovered in the Contract
Documents and that the writtg ions thereof by owner are acceptable to Bidder, and that the
Contract Documents are g r f' ient to indicate and convey understanding of all terms and
conditions for performing d fu ing the Work.
PART FOUR - AVAILABILITY OF LANDS FOR WORK AND WORK BY OTHERS
4.1 The lands upon which the Work is to be performed, rights -of -way and easements for access thereto and
other lands designated for use by Contractor in performing the Work are identified in the Contract
Documents. All additional lands and access thereto required for temporary construction facilities,
construction equipment, or storage of materials and equipment to be incorporated in the Work are to
be obtained and paid for by Contractor. Easements for permanent structures or permanent changes in
existing facilities are to be obtained and paid for by City of Fayetteville unless otherwise provided in the
City of Fayetteville, AR
Bid 20-69, Construction - Head Start Roof Replacement
Page 9 of 31
Contract Documents.
PART FIVE - INTERPRETATION OF CONTRACT DOCUMENTS AND ADDENDA
5.1 If any person contemplating submitting a bid for construction of the Work is in doubt as to the true
meaning of any part of the proposed Contract Documents or finds discrepancies in or omissions from
any part of the proposed Contract Documents, he should submit a written request for interpretation
thereof to the owner not later than seven days before the date set for bid opening. The person
submitting the request shall be responsible for its prompt delivery.
5.2 Interpretation or correction of proposed Contract Documents will be made only by Addendum to all
holders of Bidding Documents. Only questions answered by formal written Addenda will be binding.
Oral and other interpretations or clarifications will be without legal effect. City of Fayetteville will not be
responsible for any other explanations or interpretations of the proposed Contract Documents.
5.3 Addenda may also be issued to modify the Biddi Documents as deemed advisable by City of
Fayetteville.
5.4 Bidder assumes all responsibility for checkjn City's website at www.accesl teville.org for
updates and addenda issued to this project. `
PART SIX - APPROXIMATE ESTIMATE OF QUAN
6.1 The provided estimate of quantities pproxim to 'fy and shall t asis for receiving unit price
bids for each item but shall n b onsider rs as act �ities that may required uired for
q
the completion of the pro rk. However, qua i , e unit and lump sum prices bid for
each item, shall det e amount each id for co rison of Bids and aid in determining the
low and responsive Bi r r he pRr e awardin he c tract, and will be used as basis for fixing
the amount of the requ d Bon
PART SEVEN - PRICES `
7.1 Bidders must state a price for each ite��k named in the Bid Form. Unit and Lump Sum prices shall
include amounts sufficient for the fur 'shi f all labor, materials, tools, equipment, and apparatus of
every description to construct, and finish completely all of the work as called for in the
Specifications or indicated o �Q i s.
7.2 Prices bid on the various it he Bid Form shall bear a fair relationship to the cost of the work to be
done. Bids which appear unbalanced and are deemed not to be in the best interest of City of Fayetteville
may be rejected at the discretion of City of Fayetteville.
7.3 By submission of a Bid, Bidder represents that Bidder has considered the entire Project and the Work
required and has reviewed the Drawings and Specifications to verify the full scope of the Work.
PART EIGHT- BID FORM
City of Fayetteville, AR
Bid 20-69, Construction - Head Start Roof Replacement
Page 10 of 31
8.1 Bids are due as indicated in the Advertisement for Bids.
8.2 Bids must be made out in ink on the Bid Form included in these Bidding Documents. The unit price or
lump sum bid for each item must be stated in figures and in words in the appropriate blank spaces
provided on the Bid Form. The figures must be clear and distinctly legible so that no question can arise
as to their intent and meaning. In case of a difference in the written words and figures, the amount
stated in written words shall govern. Discrepancies between the multiplication of units of Work and unit
prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any
column of figures and the correct sum thereof will be resolved in favor of the correct sum.
8.3 Bids which are incomplete, unbalanced, conditional, or obscure or which contain additions not called
for, erasures, alterations, or irregularities of any kind or which do not comply with these Instructions to
Bidders may be rejected as informal or non -responsive at the option of City of Fayetteville. However,
City of Fayetteville reserves the right to waive technicalities as to changes, alterations, or revisions and
to make the award in the best interest of City of Fayetteville.
3T,
W
Address sealed bids to City of Fayetteville, and deliver ddress given in the Advertisement for Bids
on or before the day and hour set for opening t e bi . Enclose the completed Bid orm and Project
Manual in a sealed envelope bearing the titl*o roject, the name of the Bidd i der's Arkansas
Contractor's License Number, and the da a our of id opening. If ed envelope is
delivered by a public carrier, it must be co tai in an lope addr ity of Fayetteville
and the attention of the project na the sol ability of i e[o see that the Bid is
received on time. ,
Acceptance of deductive alter to i s is at e i Fayettevi2pe'provided
etion, as best services the City
of Fayetteville's interest. ctive altern f pres on the Bid Form. The
price of the Bid for tive alter e wi be the a nt to be deducted from the price of the
Total Base Bid if the ettet I e is any oNLhe a rnates. The unit price amount for each
alternate shall be the s e as t e amou»t Ii to the Bid.
No Bidder shall divulge the inform ion in t any person whomsoever, except those having a
partnership or other financial interest with him i e Bid, until after the bids have been opened.
*. 01
PART NINE -SIGNATURE ON BIDS
9.1 If the Bid is made by an Ced
firm name must be given, and the Bid Form signed by the
individual or a duly authorl. If the Bid is made by a partnership, the firm name and the names
of each member must bend the Bid signed by a member of the partnership, or a person duly
authorized. If the Bid is made by a company or corporation, the company or corporate name must be
given and the Bid signed by an officer or agent duly authorized. The corporate seal must be affixed and
attested by the secretary or an assistant secretary. The corporate address and state of incorporation
must be shown below the signature.
9.2 All names must be typed or printed in black ink below the signature.
9.3 The address and telephone number for communications regarding the Bid must be shown.
City of Fayetteville, AR
Bid 20-69, Construction - Head Start Roof Replacement
Page 11 of 31
9.4 Powers of attorney, properly certified, for agents and others to sign Bids must be in writing and filed
with City of Fayetteville.
9.5 The Bid shall also contain a signed acknowledgment of receipt of all Addenda.
PART TEN - BID SECURITY
10.1 A five percent (5%) bid security, in the form of a bid bond, or cashier's check from a bank located in the
State of Arkansas, as stated in the Advertisement For Bids, shall accompany each bid. Bid bonds for the
difference in price between low bidder and second low bidder shall not be acceptable. The Successful
Bidder's security will be retained until City of Fayetteville receives a signed Agreement and required
Bonds and Certificates of Insurance. If the Successful Bidder fails to execute and deliver the Agreement
and furnish the required contract security within fifteen days after the Notice of Selection, City of
Fayetteville may annul the Notice of Selection and the Bid security of that Bidder will be forfeited.
10.2 The City of Fayetteville reserves the right to retain t ity until the Successful Bidder enters into
the Contract or until sixty (60) days after bid ope ing, hichever is sooner. Cash eq alent security of
the second and third low bidder may be excl:;p for an equivalent bid bond afte abulations are
complete or thirty (30) days after bid openiii ever is er.
PART ELEVEN - PERFORMANCE BOND AND PA OND
11.1 Prior to signing the Agreement t ctor sha f Tsh a surety erf ance Bond and a payment
Bond equal to one hundred ce o the c e.
q p
11.2 Contractor shall pay x es in co tion ith the ining of said Bonds. The Bonds shall be
conditioned that Cont o II fai p form th ontr t and shall pay all indebtedness for labor
and materials furnishe r perf e constouc on such alterations and additions as prescribed
in this contract. `
11.3 The surety company issuing the Bonds must be olvent company on the "Surety Companies Annual
List" issued by the U.S. Department . thasury, and the Bonds are not to be issued in an amount
greater than the underwriting limitati s f e surety company as set out therein.
11.4 In Arkansas, prevailing law0"aid
tZia performance and payment Bonds on public works contracts
shall be executed by a resiagent who is licensed by the Insurance Commissioner to represent
the surety company exec Bonds and filing with such Bonds his Power of Attorney as his
authority. The mere countersigning of the Bonds will not be sufficient.
11.5 The date of the Bonds, and of the Power of Attorney, must not be prior to the date of the contract. At
least two originals of the Bonds shall be furnished, each with Power of Attorney attached.
11.6 Bonds are to be approved by City of Fayetteville. If any Bonds contracted for become unsatisfactory or
unacceptable to City of Fayetteville after the acceptance and approval thereof, Contractor, upon being
notified to that effect, shall promptly execute and furnish acceptable Bonds in the amounts herein
City of Fayetteville, AR
Bid 20-69, Construction - Head Start Roof Replacement
Page 12 of 31
specified. Upon presentation of acceptable Bonds, the unsatisfactory Bonds may be canceled at the
discretion of Contractor.
11.7 The bonds shall be presented to the City after being file marked at the Washington County Circuit
Clerk's Office. Multiple copies of the original bonds may be necessary for filing purposes.
PART TW ELVE - CONTRACT TI M E
12.1 The number of days within which, or the dates by which the Work is to be substantially completed and
also completed and ready for final payment is outlined in the Bid Form.
PART THIRTEEN - LIQUIDATED DAMAGES
13.1 Provisions for liquidated damages, if any, are set forth in the Bid Form.
PART FOURTEEN - SUBCONTRACTORS SUPPLIERS AND OTHER
14.1 Contractor shall not assign or sublet all or any par of t contract without the prior
City of Fayetteville nor shall Contractor alto\ s ubcontractor to commence wd
workman's compensation insurance and p Iity insujoffV as may be req
subcontract by City of Fayetteville will in er rel ractor fro
in the Drawings, Specifications, contra , nds.
PART FIFTEEN - SUBSTITUTE AND "OR E U EMS ,
G
tten approval of
�til approval of
pproval of each
)tions as set out
15.1 Any reference to a partic d or manufa is in o establish an acceptable level of
quality for this purc s or ma ctur rs that a cluded in a bid that are of at least equal
quality, size and speci i to A t as en spe ' d, w be acceptable for consideration.
PART SIXTEEN -COMPLIANCE WITH STA IC SING'`
16.1
A Contractor's License is required to bid this prMEt, however, prior to executing the agreement with
the City of Fayetteville, the Contractor*h5blicensed in accordance with the requirements of Act 150,
Arkansas Acts of 1965, the "Arkansas SVte rising Law for Contractors" for bids in excess of $20,000.
PART SEVENTEEN - QUALIFICATION
17.1
IBILITY OF BIDDERS
To demonstrate qualificatio�Aerform the Work, each Bidder must be prepared to submit within five
days after bid opening, upon City of Fayetteville's or owner's request, detailed written evidence such as
financial data, present commitments, and other such data as may be called for. Each Bid must contain
evidence of Bidder's qualification to do business in the State of Arkansas.
PART EIGHTEEN - DISQUALIFICATIONS OF BIDDERS
18.1 Any one or more of the following may be considered as sufficient for the disqualification of bidders and
the rejection of Bids.
City of Fayetteville, AR
Bid 20-69, Construction - Head Start Roof Replacement
Page 13 of 31
18.2 More than one Bid Form for the same work from an individual, firm, partnership, or corporation under
the same or different names.
18.3 Evidence of collusion among bidders. Participants in such collusion may receive no recognition as
bidders for any future work.
18.4 Unbalanced Bid Forms in which the prices for some items are out of proportion to the prices for other
items, or changes written in, or amendments by letter, or failure to submit a unit price for each item of
work for which a bid price is required by the Bid Form, or failure to include all required contract
documents.
18.5 Lack of competency as revealed by the financial statement, experience, plant, and equipment
statements submitted. Lack of responsibility as shown by past work judged from the standpoint of
workmanship and progress.
18.6 Uncompleted work which, in the judgment of City of a ville, might hinder or prevent the prompt
completion of additional work if awarded.
18.7 Being in arrears on existing contracts, in o with C' Fayetteville, o defaulted on a
previous contract.
PART NINETEEN - OPENING OF BIDS
19.1
Bids will be opened and read u u licly where B' be submitted in a room to be
designated by City of Fay e day o th ope g. n tract of the amounts of the base
Bids and major alter (1 )will be de a ilable to ers after the opening of Bids.
PART TWENTY - CONSIDERATI OF BI `
20.1
20.2
20.3
After the bids are opened and rea e qua n ' ' `be extended and totaled in accordance with the
bid prices of the accepted Bids. This review of th ds will confirm the low bidder.
In evaluating Bids, City of
comply with the prescrib
requested in the Bid Forrr
iders, whether or not the Bids
es, and other data as may be
City of Fayetteville may cd%WW the qualifications and experience of Subcontractors, Suppliers, and
other persons and organizations proposed for those portions of the Work as to which the identity of
Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the
Supplementary Conditions. City of Fayetteville also may consider the operating costs, maintenance
requirements, performance data, and guarantees of major items of materials and equipment proposed
for incorporation in the Work when such data is required to be submitted prior to the Notice of
Selection.
PART TWENTY-ONE - RIGHT TO REJECT BIDS
City of Fayetteville, AR
Bid 20-69, Construction - Head Start Roof Replacement
Page 14 of 31
21.1 City of Fayetteville reserves the right to reject any and all Bids, to waive technicalities, and to advertise
for new bids. All Bids are subject to this reservation. City of Fayetteville reserves to itself the right to
decide which shall be deemed the lowest responsive and responsible Bid. Due consideration will be
given to the reputation, financial ability, experience and equipment of the Bidder.
21.2 City of Fayetteville also reserves the right to waive informalities not involving price, time or changes in
the Work and to negotiate contract terms with the Successful Bidder.
PART TWENTY-TWO - AWARDING OF CONTRACT
22.1 City of Fayetteville reserves the right to withhold the awarding of a contract a reasonable period of time
from the date of opening bids, not to exceed sixty (60) days except with the consent of the Successful
Bidder. The awarding of a contract upon a successful Bid shall give the Bidder no right to action or claim
against City of Fayetteville upon the contract until the contract is reduced to writing and signed by the
contracting parties. The letting of a contract shall n be complete until the contract is executed and
the necessary Bonds approved.
PART TWENTY-THREE - RETAINAGE
23.1 Provisions concerning retainage and Contr ct`rights securitie retainage are set
forth in the Agreement.
PART TWENTY-FOUR - SIGNING OF AGREE ,
G
24.1
When City of Fayetteville otice of Sele i to th u e Bidder, it will be accompanied by
the number of unsig c rparts o e Ag ement a . icated in the Supplementary Conditions,
with all other written c Doc is tached. ithin n (10) days thereafter, Contractor shall
sign and deliver the re q fired nu unterpwts S�Surance.
Agreement and attached documents to City
of Fayetteville with the require n & Cer t Within ten (10) days thereafter City
of Fayetteville shall deliver one fully gned co rp rt to Contractor.
PART TWENTY-FIVE - MATERIALS GUARANTY
25.1 Before any contract is awardeay be required to furnish a complete statement of the origin,
composition, or manufactu r II materials proposed to be used in the construction of the
Work, together with sam es, may be subjected to tests provided for in the Specifications to
determine their quality an for the Work.
PARTTWENTY-SIX - FAMILIARITY WITH LAWS
26.1 Bidder is presumed to be familiar with all federal, state, and city laws, ordinances, and regulations which
in any manner affect those engaged or employed in the Work, or the materials or equipment used, or
that in any way affect the Work and shall in all respects comply with said laws, ordinances, and
regulations. No claim of misunderstanding or ignorance on the part of Contractor will in any way serve
to modify the provisions of the contract. No representations shall be binding unless embodied in the
City of Fayetteville, AR
Bid 20-69, Construction - Head Start Roof Replacement
Page 15 of 31
contract.
PART TWENTY-SEVEN -ADDITIONAL LAWS AND REGULATIONS
Bidders' attention is called to the following laws and regulations which may have an impact on the Work
and on the preparation of the Bid.
27.1 Americans with Disabilities Act.
27.2 Storm water discharge regulations, enacted under the Clean Water Act and administered by the
Arkansas Department of Environmental Quality (ADEQ) under a general permits program. Contractor
may be required to obtain coverage under general permit ARR001000 prior to commencing work at the
site.
27.3 Arkansas Act 291 of 1993, dealing with excavation safety, signed into law on March 1, 1993.
PART TWENTY-EIGHT — PAST EXPERIENCE REQUIRED
28.1 All bidders shall have past experience in pro4di ilar work as described for this j ct. The City of
Fayetteville reserves the right to reject fo ate ex ce. A minimu r (4) references
are required.
End of Section
G
C:J
ci
City of Fayetteville, AR
Bid 20-69, Construction - Head Start Roof Replacement
Page 16 of 31
City of Fayetteville
Bid 20-69, Construction - Head Start Roof Replacement
General Terms and Conditions
1. SUBMISSION OF BID & BID EVALUATION:
a. Bids shall be reviewed following the stated deadline, as shown on the cover sheet of this
document.
b. Bidders shall submit bids based on documentation published by the Fayetteville Purchasing
Division.
c. Bids may be submitted electronically on the City's Electronic bidding Platform, Bonfire, by going
to www.fayetteville-ar.gov/bids the City is not responsible for failure of bidders technical
equipment.
d. Bids submitted physical shall be enclosed in sealed envelopes or packages addressed to the City
of Fayetteville, Purchasing Division, Room 306, 113 W. Mountain, Fayetteville, AR 72701. The
name, address of the firm and Bid, RFP, or RFCer shall be on the outside of the packaging
as well as on anv DackaRes enclosed in shiDDinaVntlainers or boxes.
ra
E4
1W
The City will not be responsible for mi4di d bids. Vendor should call the P?4e
sing Office at
479.575.8220 to ensure correct rec t ding d ents prior to op i and date
listed on the bid form.
Bidders shall have experienc n oviding pr ct and/or is f the same or similar
nature. 40
Bidder is advised that ce i s to a rms cont his bid must be identified in
its response to the re to dos ad th his
any such term non-
negotiable. Pr os si e tot exc tion to a -negotiable term will not disqualify it
from consider i wards
Local time is def ed as e Fayettef r sas on the due date of the deadline. Bids
shall be received before t i ass e atomic clock located in the Purchasing Division
Office.
Bids will be evaluated and awa deed on the best interest of the City of Fayetteville. The City
reserves the right to award bidn entirety, none, or byline item.
2. WRITTEN REQUESTS FOR INTERPRI
DR CLARIFICATION:
No oral interpretations will be e N fl ms as to the meaning of specifications or any other contract
documents. All questions pert ing the terms and conditions or scope of work of this bid must be sent in
writing via e-mail to the Purchasi gent. Responses to questions may be handled as an addendum if the
response would provide clarification to the requirements of the bid. All such addenda shall become part of
the contract documents. The City will not be responsible for any other explanation or interpretation of the
proposed bid made or given prior to the award of the contract.
3. DESCRIPTION OF SUPPLIES AND SERVICES:
Any reference to a particular brand or manufacturer is done in an effort to establish an acceptable level of
quality for this project. Brands or manufacturers that are included in bid that are of at least equal quality,
size, design, and specification as to what has been specified, will be acceptable for consideration only if
City of Fayetteville, AR
Bid 20-69, Construction - Head Start Roof Replacement
Page 17 of 31
approved by the City of Fayetteville Purchasing Division. The City of Fayetteville reserves the right to accept
or reject any requested equal.
4. RIGHTS OF CITY OF FAYETTEVILLE BID PROCESS:
5
0
In addition to all other rights of the City of Fayetteville, under state law, the City specifically reserves the
following:
a. The City of Fayetteville reserves the right to select the bid that it believes will serve the best
interest of the City.
b. The City of Fayetteville reserves the right to accept or reject any or all bids.
c. The City of Fayetteville reserves the right to cancel the entire bid.
d. The City of Fayetteville reserves the right to remedy or waive technical or immaterial errors in
the invitation to bid or in bids submitted.
e. The City of Fayetteville reserves the right to request any necessary clarifications, additional
information, or data without changing the terms of the bid.
COSTS INCURRED BY BIDDERS:
All expenses involved with the preparation and submis ion bids to the City, or any wor erformed in
connection therewith, shall be borne solely by thri s). No payment will be made f responses
received, or for any other effort required of, or , the bi ) prior to contr c mencement.
CONFLICT OF INTEREST:
a. The bidder represents that i n y has no int and shall o interest, either direct
or indirect, which would co n any m n ith the perf ma or services required
hereunder, as provide n of Fay i e Sectio� tled "Authority of City
Employee to Contr i e City'.
b. All bidders sh y notify cGaugh, City chasing Agent, in writing, of all potential
conflicts of int st or ny r busines soci ion, interest, or other circumstance
which may influ ce or p alinfluenc i is judgment or quality of services being
provided. Such written no c on sh t e prospective business association, interest or
circumstance, the nature of which the de ay undertake and request an opinion to the City
as to whether the association, inter t or cumstance would, in the opinion of the City,
constitute a conflict of interest*4 d into by the bidder. The City agrees to communicate
with the bidder its opinion via ai or first-class mail within thirty days of receipt of
notification. •
7. WITHDRAWL OF PROPOSAL:
A bid may be withdrawn prior tN4,6/fime set for the bid submittal, based on a written request from an
authorized representative of the firm; however, a bid shall not be withdrawn after the time set for the bid
unless approved by the Purchasing Division.
8. LATE PROPOSAL OR MODIFICATIONS:
Bid modifications received after the time set for the bid submittal shall not be considered. Modifications in
writing received prior to the deadline will be accepted. The City will not be responsible for misdirected bids.
Bidders should call the Purchasing Division at (479) 575-8220 to ensure receipt of their submittal
documents prior to opening time and date listed.
City of Fayetteville, AR
Bid 20-69, Construction - Head Start Roof Replacement
Page 18 of 31
9. LOCAL, STATE, AND FEDERAL COMPLIANCE REQUIREMENTS:
a. The laws of the State of Arkansas apply to any purchase made under this bid. Bidders shall
comply with all local, state, and federal directives, orders and laws as applicable to this proposal
and subsequent contract(s) including but not limited to Equal Employment Opportunity (EEO),
Disadvantaged Business Enterprises (DBE), & OSHA as applicable to this contract.
b. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified
small, minority and women business enterprises to bid on and receive contracts for goods,
services, and construction. Also, City of Fayetteville encourages all general contractors to
subcontract portions of their contract to qualified small, minority and women business
enterprises.
10. PROVISION FOR OTHER AGENCIES:
Unless otherwise stipulated by the bidder, the bidder agrees to make available to all Government agencies,
departments, municipalities, and counties, the proposal prices submitted in accordance with said proposal
terms and conditions therein, should any said governmental entity desire to buy under this proposal.
Eligible Users shall mean all state of Arkansas agencies, th ative and judicial branches, political
subdivisions (counties, local district school boards, commu colleges, municipalities, counties, or other
public agencies or authorities), which may desire to chas under the terms and condi of the
contract.
11. COLLUSION: `
The Proposer, by affixing his or her signat t his propos g es to th o ol„bidder certifies that
his or her bid is made without previou tandin r, ent, or co n with any person, firm or
corporation making a proposal for item /o services a in II respects fair, without
outside control, collusion, fraud t rwise ill al cti "
12. RIGHTTOAUDIT FOIA J ICI ON:
a. The City of Fay evi e res ivilege o ditin a vendor's records as such records
relate to purcha s bet e ty and st n r.
b. Freedom of Information Ac . y cont c ocuments prepared while performing City
contractual work are subject to the Arka reedom of Information Act. If a Freedom of
Information Act request is Ares n�the City of Fayetteville, the (Contractor) will do
everything possible to provide e ments in a prompt and timely manner as prescribed in
the Arkansas Freedom of tion Act (A.C.A. §25-19-101 et. seq.). Only legally authorized
photocopying costs purl to FOIA may be assessed for this compliance.
c. Legal jurisdiction t esol y disputes shall be in Washington County, Arkansas with Arkansas
law applying to the
13. CITY INDEMNIFICATION:
The successful bidder(s) agrees to indemnify the City and hold it harmless from and against all claims,
liability, loss, damage or expense, including but not limited to counsel fees, arising from or by reason of any
actual or claimed trademark, patent or copyright infringement or litigation based thereon, with respect to
the goods or any part thereof covered by this order, and such obligation shall survive acceptance of the
goods and payment thereof by the City.
14. VARIANCE FROM STANDARD TERMS & CONDITIONS:
City of Fayetteville, AR
Bid 20-69, Construction - Head Start Roof Replacement
Page 19 of 31
All standard terms and conditions stated in this request for bid apply to this contract except as specifically
stated in the subsequent sections of this document, which take precedence, and should be fully understood
by bidders prior to submitting a proposal on this requirement.
15. ADA REQUIREMENT FOR PUBLIC NOTICES & TRANSLATION:
Persons with disabilities requiring reasonable accommodation to participate in this proceeding/event,
should call 479.521.1316 (telecommunications device for the deaf), not later than seven days prior to the
deadline. Persons needing translation of this document shall contact the City of Fayetteville, Purchasing
Division, immediately.
16. PROCUREMENT POLICY FOR RECYCLED MATERIALS:
The City of Fayetteville wishes to encourage its bidders to use recycled products in fulfilling contractual
obligations to the City and that such practices will serve as a model for other public entities and private
sector companies.
17. PAYMENTS AND INVOICING:
The bidder must specify in their bid the exact company n nd address which must be the same as
invoices submitted for payment as a result of award of this rther, the successful bidder is responsible
for immediately notifying the Purchasing Division of a co any name change, which cause
invoicing to change from the name used at the i original bid. Payment will within thirty
days of invoice received. The City of Fayettevill redit 4rt)kand will not pa an k terest, fees, or
penalty for untimely payments. Payments c cessel
additional costs to the City for expedited m t processir
deposit or retainer that would remain of th §i
CI
n if
the bidder would not justify such f .
The City will pay the awarded sed on un t i s provi '
made after approval and e o work d su ission o oice
days of accepted invoice.
Visa at no
nonrefundable
✓ performed by
icing. Progress payments will be
Payments will be made within 30
18. CANCELLATION:
a. The City reserves the right ncel t Lit without cause by giving thirty (30) days prior
notice to the Contractor in writing of the tion to cancel or with cause if at any time the
Contractor fails to fulfill or abid� b of the terms or conditions specified.
b. Failure of the contractor to co ly any of the provisions of the contract shall be considered
a material breach of corwt shall be cause for immediate termination of the contract at the
discretion of the Cit Fe i .
c. In addition to all of r le I remedies available to the City of Fayetteville, the City reserves the
right to cancel and ob from another source, any items and/or services which have not been
delivered within the period of time from the date of order as determined by the City of
Fayetteville.
d. In the event sufficient budgeted funds are not available for a new fiscal period, the City shall
notify the vendor of such occurrence and contract shall terminate of the last day of the current
fiscal period without penalty or expense to the City.
19. ASSIGNMENT. SUBCONTRACTING. CORPORATE ACQUISITIONS AND/OR MERGERS:
City of Fayetteville, AR
Bid 20-69, Construction - Head Start Roof Replacement
Page 20 of 31
a. The Contractor shall perform this contract. No assignment of subcontracting shall be allowed
without prior written consent of the City. If a bidder intends to subcontract a portion of this
work, the bidder shall disclose such intent in the bid submitted as a result of this bid.
b. In the event of a corporate acquisition and/or merger, the Contractor shall provide written
notice to the City within thirty (30) calendar days of Contractor's notice of such action or upon
the occurrence of said action, whichever occurs first. The right to terminate this contract, which
shall not be unreasonably exercised by the City, shall include, but not be limited to, instances in
which a corporate acquisition and/or merger represent a conflict of interest or are contrary to
any local, state, or federal laws. Action by the City awarding a proposal to a firm that has
disclosed its intent to assign or subcontract in its response to the bid, without exception shall
constitute approval for purpose of this Agreement.
20. NON-EXCLUSIVE CONTRACT:
21
Award of this bid shall impose no obligation on the City to utilize the vendor for all work of this type, which
may develop during the contract period. This is not an exclusive contract. The City specifically reserves the
right to concurrently contract with other companies for si r work if it deems such an action to be in the
City's best interest. In the case of multiple -term contracts, vision shall apply separately to each item.
LORRYING- t doi.
Lobbying of selection committee members, C
request for proposals, request for qualificatio
the bidder/proposer/protestor or any mere
bidder/proposer/protestor, or any pe
organization that is responding to tl�g
a pending bid protest is strictly prAU
Fayetteville and shall be prohiJI
of Fayetteville; provided, e c
contacting the Purchasing is n o
procurement process. For rposes;
influencing or attempting to influenc ct� n
request for qualification, bid or contrac roe
attempt to obtain goodwill of persons and/or
request for proposal, request for qualificavn
22. ADDITIONAL REQUIREMENTS:
The City reserves the right to r
approved by the City as an am
Contractor shall provide such
c t e o 0 regarding
id protest, by
r' sta f, and agent of the
with or representing an
ion, bid or contract, or has
V
rtisemen lMfdate established by the City of
is fin r e test is finally resolved by the City
rohibi rospective/bidder/proposer from
ons su as c ification and/or questions related to the
I*b ng tivities shall include but not be limited to,
P%tiXI"'connection with any request for proposal,
"t indirect oral or written communication or an
�IWecified in this provision. Such actions may cause any
r contract to be rejected.
,io)al services relating to this bid from the bidder. When
the contract and authorized in writing prior to work, the
al requirements as may become necessary.
23. ADD OR DELETE LOCATIONS OR SERVICES:
The City reserves the right to unilaterally add or delete locations and/or services, either collectively or
individually, at the City's sole option, at any time after award has been made as may be deemed necessary
or in the best interests of the City. In such case, the Contractor(s) will be required to provide services to this
contract in accordance with the terms, conditions, and specifications.
24. INTEGRITY OF BID DOCUMENTS:
Bidders shall use the original bid form(s) provided by the Purchasing Division and enter information only in
City of Fayetteville, AR
Bid 20-69, Construction - Head Start Roof Replacement
Page 21 of 31
the spaces where a response is requested. Bidders may use an attachment as an addendum to the bid
form(s) if sufficient space is not available on the original form for the bidder to enter a complete response.
Any modifications or alterations to the original documents by the bidder, whether intentional or otherwise,
will constitute grounds for rejection of such response. Any such modifications or alterations a bidder wishes
to propose shall be clearly stated in the bidder's response and presented in the form of an addendum to the
original bid documents.
25. OTHER GENERAL CONDITIONS:
a. Bidder is presumed to be familiar with all federal, state, and city laws, ordinances, and regulations which
in any manner affect those engaged or employed in the Work, or the materials or equipment used, or
that in any way affect the Work and shall in all respects comply with said laws, ordinances, and
regulations. No claim of misunderstanding or ignorance on the part of Bidder or Proposer will in any way
serve to modify the provisions of the contract. No representations shall be binding unless embodied in
the contract.
0
C.
IN
Prices shall include all labor, materials, overhead, profit, insurance, shipping, freight, etc., to cover the
products and services presented. Sales taxshall not b ' luded in the bid price. Applicable Arkansas
sales tax laws will apply when necessary but will not be ered in award of this project.
Each bidder should state the anticipated number days rom the date of receipt of er for
delivery of services to the City of Fayettevill *`
Bidders must provide the City with their bi si ed by a e having I ity to submit
bids on behalf of the bidder. The entir reparin vidin re sha I be borne by the
bidder. ,
The City reserves the right to r y add' in rmation it e ecessary from any or all
bidders after the submissio Ie.
The request for bid is t t on true an er, a co or a commitment of an kind; nor does
q Y
it commit the city to p co in urr by bidd%Lin p aration. It shall be clearly understood
that any costs incurred the P
risk and expense as a cost of doi
reimbursement to the Proposer fo
is accepted.
If products, components, or services
bidder must include complete desc ii
must be received within five WWU
NOTE: Any uncertainties s
(479.575.8220) or e-mail (I
request for proposal is at the bidder's own
eville shall not be liable for
regardless of whether or not the proposal
those described in this bid document are proposed, the
ure for each. All requests for additional information
following the request.
to the attention to Les McGaugh immediately via telephone
It is the intent and goal of the City of
Fayetteville Purchasing Division to provide documents providing a clear and accurate understanding of
the scope of work to be completed and/or goods to be provided. We encourage all interested parties to
ask questions to enable all bidders to be on equal bidding terms.
Any inquiries or requests for explanation in regard to the City's requirements should be made promptly
to Les McGaugh, City of Fayetteville, Purchasing Agent via e-mail (Imcgaugh@fayetteville-ar.gov) or
telephone (479.575.8220). No oral interpretation or clarifications will be given as to the meaning of any
part of this request for proposal. All questions, clarifications, and requests, together with answers, if
any, will be provided to all firms via written addendum. Names of firms submitting any questions,
City of Fayetteville, AR
Bid 20-69, Construction - Head Start Roof Replacement
Page 22 of 31
clarifications, or requests will not be disclosed until after a contract is in place.
m
26
27
Any information provided herein is intended to assist the bidder in the preparation of proposals
necessary to properly respond to this bid. The bid is designed to provide qualified Proposers with
sufficient basic information to submit proposals meeting minimum specifications and/or test
requirements, but is not intended to limit a bid's content or to exclude any relevant or essential data.
Bidders irrevocably consent that any legal action or proceeding against it under, arising out of or in any
manner relating to this Contract shall be prevailed by Arkansas law. Proposer hereby expressly and
irrevocably waives any claim or defense in any said action or proceeding based on any alleged lack of
jurisdiction or improper venue or any similar basis.
The successful bidder shall not assign the whole or any part of this Contract or any monies due or to
become due hereunder without written consent of City of Fayetteville. In case the successful bidder
assigns all or any part of any monies due or to become due under this Contract, the Instrument of
assignment shall contain a clause substantially to the effect that is agreed that the right of the assignee in
and to any monies due or to become due to the successful bidder shall be subject to prior liens of all
persons, firms, and corporations for services rendered aterials supplied for the performance of the
services called for in this contract. ';
The successful bidder's attention is directed to the ct th all applicable Federal and laws,
municipal ordinances, and the rules and reg at ns II aut ties having jurisdi the services
shall apply to the contract throughout, and e dee d e included tract as though
written out in full herein. The successful all kee e erself full of all laws,
ordinances and regulations of the Fede S te, and mu n governor o thorities in any manner
affecting those engaged or employ r viding Arvices or in affecting the conduct of the
services and of all orders and d bodie u Is having iction or authority over same.
If any discrepancy or incons ould be sc v ed in t t Documents or in the
specifications herein r fer t in lati ILto an ch la , r an , regulation, order or decree, s/he
shall herewith report e writing o � of Fay eville.
INVOICING: All invoices all be e tt t the Git it h e minimum information listed below.
a. City Department that orde e ma is rvices
b. Order Date
Delivery date or the date of servic
Name of the City Employee thaThn
Bid Number that applies to tLeeXu
Technical Specifica
City of Fayetteville, AR
Bid 20-69, Construction - Head Start Roof Replacement
Page 23 of 31
ed or picked up the goods, materials, or service
Amounts in the bid shall match invoicing.
Bid 20-69, Technical Specifications
ASPHALT SHINGLES
PART 1 GENERAL
1.1 SECTION INCLUDES
A. Granule surfaced asphalt shingle roofing.
B. Moisture shedding underlayment, eaves, valley and ridge protection
C. Associated metal flashing
1.3 REFERENCES
A.
B.
C.
D.
E.
F.
G
H
K.
L.
M
N.
0.
ASTM A 653/A 653M — Standard Specification for Steel S e c-Coated (Galvanized) or Zinc -Iron -Alloy -Coated
(Galvannealed) by the Hot -Dip Process
ASTM B 209 — Standard Specification for Al minu and Aluminum -Alloy She Plate
ASTM B 370 —Standard Specificatio Co r She nd Strip for Build ruction.
ASTM D 225 —Standard Specificati Asphalt Shi I Organic Fel f with Mineral
44
Granules.
ASTM D 226 — Standard Speci i io or Asphal� ted Org sed in Roofing and
Waterproofing.
ASTM D 1970 — Stand catio f- hering P odified Bituminous Sheet
Materials used as ofing Un erl y ent for otection.
ASTM D 3018 — Sta ar S cific 'on fo ass A s Surfaced with Mineral Granules.
ASTM D 3161 Tes;IjiM h for Win esis ce of Asphalt Shingles (Fan -Induced
Method).
ASTM D 3462 —Standar ci ation f s ingles Made from Glass Felt and Surfaced
with Mineral Granules. `
ASTM D 4586 — Standard Specification f halt Roof Cement, Asbestos -Free.
ASTM D-4869 —Standard Speci ic�for Asphalt -Saturated Organic Felt Shingle Underlayment
Used in Roofing.
ASTM D 6757 —Standard f tion for Inorganic Underlayment for Use with Steep Slope
Roofing Products.
ASTM D7158 — Sta and et od for Wind Resistance of Asphalt Shingles (Uplift Force/Uplift
Resistance Meth
ASTM E 108 — Standar est Methods for Fire Test of Roof Coverings
ASTM G 21— Determining Resistance of Synthetic Polymers to Fungi
1.4 SUBMITTALS
A. Submit under provisions of the project manual.
B. Product Data: Provide manufacturer's printed product information indicating material characteristics,
performance criteria and product limitations.
City of Fayetteville, AR
Bid 20-69, Construction - Head Start Roof Replacement
Page 24 of 31
C. Manufacturer's Installation Instructions: Provide published instructions that indicate preparation
required and installation procedures.
D. Certificate of Compliance: Provide Certificate of Compliance from an independent laboratory indicating that the asphalt
fiberglass shingles made in normal production meet or exceed the requirements of the following:
1. ASTM E 108/UL 790 Class A Fire Resistance
2. ASTM D 3161/D 7158/UL 997 Wind Resistance.
3. ASTM D 3462
Shop Drawings: Indicate specially configured metal flashing, jointing methods and locations, fastening
methods and locations and installation details as required by project conditions indicated.
1.5 QUALITY ASSURANCE
A. Installer Minimum Qualifications: Installer shall be licensed or
otherwise authorized by all federal, state and local authorities to install
all products specified section. Installer shall perform work in
accordance with NRCA o ing and Waterproofing Manual. Work shall
be acceptable to e as alt shingle manufacturer.
B. Mock idea m ck for evaluati f face preparation
techni applica o anship.
1. in areas desl at by ow
not p dAit remaini until workmanship, color
and p ar approved r.
3. Rew k o -Up ar ed to produce acceptable work.
P lnstaWlCion M g — Con ct re- tallation meeting at the site prior to
commen ork of this section. equire attendance of entities directly concerned
with st tion. Age will i lude:
stallatiohm th and manufacturer's requirements and
recom
Safet ce ures
3. Coordina ' In with installation of other work
4'ility of roofing materials.
5. Pr J
square feet ( square m) of extra shingles of
♦ � ach color specified.
` eparation and approval of substrate and penetrations through
roof.
7. Other items related to successful execution of work.
D. Maintain one copy of manufacturer's application instructions on
the project site.
1.6 DELIVERY, STORAGE, AND HANDLING
A. Store Products in manufacturer's unopened packaging until ready for installation.
B. Store and dispose of solvent -based materials and materials used with solvent based materials in
accordance with requirements of Authorities Having Jurisdiction.
City of Fayetteville, AR
Bid 20-69, Construction - Head Start Roof Replacement
Page 25 of 31
C. Deliver shingles to site in manufacturer's unopened labeled bundles. Promptly verify quantities
and conditions. Immediately remove damaged products from site.
1.7 1.7 PROJECT ENVIRONMENTAL CONDITIONS
A. Anticipate and observe environmental conditions (temperature, humidity and moisture) within
limits recommended by manufacturer for optimum results. Do not install products under
environment conditions outside manufacturer's limits.
1.8 WARRANTY
A. Manufacturer's Warranty: Furnish shingle manufacturer's warranty for the product listed below:
1. CertainTeed Landmark: Lifetime limited warranty.
B. Warranty Supplement: Provide manufacturer's supplemental warranty (CertainTeed's SureStart
or SureStart PLUS) to cover labor and materials in the event of a material defect for the
following period after completion of applica shingles:
1. First Ten Years (Landmark Shingles)
2. No SureStart or SureStart PLUS for an shin e applied to inadequately ted roof
deck. `'z
C. SureStart PLUS Extended Warranty Z1ion (can I provided b r Teed
Credentialed Contractor): La ingles a
1. 3-Star Coverage (20 yea s a rial and lab is for re acement and tear off.
2. 4-Star Coverage (50 y ateria a �or costs for r replacement, tear off and
disposal costs. A
*25 years for not used
3. 5-Star C era ( y rs* al
and disp and*ao m
**30 year or pre m nn� d
Warranty Transferability s ake
option for transferring w my toll
Refer to manufacturer's warranty for a
Provide Upgraded Wind Warra tyr
complying with all manufact�ers,,a
0
E
F
PART 2 PRODUCTS
2.1 MANUFACTURERS
r repair or replacement, tear off
meowners
ner shingle manufacturer's standard
ViCs
er.
for commercial applications.
110 to 130 mph on L AR shingles for first 15 years by
nditions and instructions (see section 2.2-13 below).
Basis of Design: CertainTeed Corporation; CertainTeed Landmark; Contact Sales Support Group, P.O. Box 860, Valley
Forge, PA 19482, Toll Free 800-233-8990
A. Provide basis of design product, or comparable product
approved by Owner prior to bid.
City of Fayetteville, AR
Bid 20-69, Construction - Head Start Roof Replacement
Page 26 of 31
2.2
ASPHALT FIBERGLASS SHINGLES
2.3
f►�!
A. CertainTeed Landmark: Conforming to ASTM D 3018 Type I — Self -Sealing, UL Certification of
ASTM D 3462, ASTM D 3161/UL997 110-mph Wind Resistance and UL Class A Fire Resistance,
glass fiber mat base, ceramically colored/UV resistant mineral surface granules across entire
face of shingle; algae -resistance; two piece laminate shingle.
C
D
Wind warranty upgrade —These products are warranted to resist blow -off due to wind
velocities, including gusts, up to a maximum of 130 miles per hour during the first fifteen (15)
years, provided all of the following conditions are met:
1. CertainTeed shingles are not applied over existing roof shingles (roof-overs are not
permitted).
2. CertainTeed specified corresponding hip and ridge accessory products are installed as
cap shingles (Shadow Ridge TM, Cedar CrestTM' Mountain Ridge TM (& IR).
3. CertainTeed specified corresponding starter shingles are installed along the roof eaves
and rakes (SwiftstartTm and High-Perfor ance Starter).
(Note: In Florida, CertainTeed will waive the . ment of applying starter shingles along
the roof rake if all of the following conditions e met: The applicable buildin code requires
that asphalt roof shingles be embed an -inch-wide bed of asphalt r o cement
applied along the roof rake edge 1t e shingl e installed and d in an 8-inch-
wide bed of asphalt roofing cem g the r o dges in ac ith the code.)
Weight: 229 / 240 pounds per s pende facturin 100 square feet).
Color: As selected by Owner m nufacturer's ards
„'� G
SHEET MATERIALS
A. Underlayment
FLASHING MATERIALS
A. Sheet Flashing: ASTM
galvanized coating
B. Sheet Flashing
C. Sheet Flashing: /
natural finish.
;N
Gauge (0.45 mm) steel with minimum G115/Z350
.025 (0.63mm) thick aluminum, mill finish.
70; cold rolled copper; 16 ounces per square
D. Bituminous Paint: Acid and alkali resistant type; black color.
E. Tinner's Paint: Color as selected by owner to coordinate with shingle color.
City of Fayetteville, AR
Bid 20-69, Construction - Head Start Roof Replacement
Page 27 of 31
foot (0.55mm),
2.5 ACCESSORIES
A. Nails: Standard round wire type roofing nails, corrosion resistant; hot dipped zinc coated steel,
aluminum or chromated steel; minimum 3.8 inch (9.5mm) head diameter; minimum 11 or 12
gage (2.5mm) shank diameter; shank to be sufficient length to penetrate through the roof
sheathing or % inch (19mm) into solid wood, plywood or non -veneer wood decking.
B. Asphalt Roofing Cement: ASTM D 4586, Type I or II
2.6 FLASHING FABRICATION
A. Form flashing to profiles indicated on Drawings and to protect roofing materials from physical
damage and shed water.
C. Form sections square and accurate to profile, in maximum possible lengths, free from distortion
or defects detrimental to appearance or per rmance.
2.7 ATTIC VENTILATION
A. CertainTeed Rolled Ridge V
1 Shingl4overlo weato"2 Intern
4
6
2
3
4
f) Filter or red
e ed with affle to deflect wind and
e ext baffl a �epressure over the vent openings
1$9tect theVtic fr wind driven rain, snow, dust and
insecis,i�
Each vent will pro e sq inc
Accommodates roof ches o
The vent carries an approval repo
Limited Lifetime Warra%y&I-
CertainTeed Int%k
e area per lineal foot.
t 20/12.
ith the Texas Department of Insurance
r Sure Start Protection.
Designed fo hom sNvith little or no intake ventilation in the soffit area.
Each vent hN.101,nches of net free area per linear foot.
Minimum 3/12 roof pitch with no maximum.
Lifetime Limited Warranty; 5-Year SureStart"' Protection.
1. EXECUTION
3.1 EXAMINATION
City of Fayetteville, AR
Bid 20-69, Construction - Head Start Roof Replacement
Page 28 of 31
A. Verify existing site conditions.
B. Verify that roof penetrations and plumbing stacks are in place and flashed to deck surfaces.
C. Verify deck surfaces are dry and free of ridges, warps or voids.
3.2 ROOF DECK PREPARATION
A. Follow shingle manufacturer's recommendations for acceptable roof deck material.
B. Broom clean deck surfaces under eave protection and underlayment prior to their application.
3.3 INSTALLATION — PROTECTIVE UNDERLAYMENT
A. Roof Slopes between 2:12 and 4:12 — Use of D d Deck Synthetic Roofing Underlayment.
Follow manufacturer's printed instructions f ow slope application of this product. Do not
use staples on this product.
B. Roof Slopes 4:12 or Greater: Install of asp It t shingle uncle y t perpendicular
to slope of roof and lap mini i hes (1 r eave pr�
C. Weather -lap and seal wate I th asp o Ing cement rojecting through or
mounted on roof. AV ct or t- sed ceme iamond Deck
3.5 INSTALLATION—V LE P TEC N
A. For "closed -cut, "woven," " valleys, place one ply of WinterGuard, minimum 36
inches (910 m ) wid e over joints minimum of 6 inches (152 mm)
Follow instructions of sh and e ng membrane manufacturer.
3.6 INSTALLATON — METAL FLASHIN C
A. Weather -lap joints minim I ches (50 mm).
B. Seal work projectin o� ounted on roof with asphalt roofing cement and make
weather tight.
3.7 INSTALLATION —ASPHALT SHINGLES
A. Install shingles in accordance with manufacturer's instructions for product type and application
specified.
3.8 FIELD QUALITY CONTROL.
A. Visual inspection of the work will be provided by Owner. If conditions are unacceptable, Owner
City of Fayetteville, AR
Bid 20-69, Construction - Head Start Roof Replacement
Page 29 of 31
will notify the owner.
3.9 PROTECTION OF FINISHED WORK
A. Protect finished work.
B. Do not permit traffic over finished roof surface.
r
r:
_W Cato Springs Rd
City of Fayetteville, AR
Bid 20-69, Construction - Head Start Roof Replacement
Page 30 of 31
City of Fayetteville, AR
Bid 20-69, Construction - Head Start Roof Replacement
Page 31 of 31
Contract for Bid 20-58
Appendix B
Bid Submittal —
T.F. Thompson
Roofing
Project Manual
CITY OF
FAYETTEVILLE
ARKANSAS
CITY OF FAYETTEVILLE,
ARKANSAS
CONSTRUCTION — Head Start Roof
Replacement
BID # 20-69
Date: August 2020
City of Fayetteville, AR
Bid 20-69, Construction - Head Start Roof Replacement
Page 1 of 31
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a.-• ! CITY OF
FAYETTEVILLE
ARKANS
ARKANSAS
Project Check List
This checklist is for the Bidder's use in preparing & submitting a bid. It is not intended to include all details necessary tc
prepare a bid and shall not be used as a substitute for the requirements of the bid documents. Information is shown belov
only as a matter of convenience. Use of this checklist does not relieve the Bidder from the responsibility of meeting al
requirements of the Specifications concerning the preparation of an acceptable bid. Bidders are welcome to use this forn
as a coversheet for a sealed envelope; however, using this form itself is NOT a requirement.
5% Bid Bond of the amount bid accompanied by required documentation (Power of Attorney, etc.)
In lieu of a bid bond, the bidder may submit a cashier's check from a bank located in the State of Arkansas
for at least five percent (5%) of the amount bid (inclusive of any deductive alternates). Cashiers checks
shall be made payable to the City of Fayetteville, AR.
o All addenda shall be signed, acknowledged, and submitted on the appropriate forms (submitting the actual
addendums or marking acknowledgement on other bid pages).
1price.
All line items shall be appropriately filled out and extended to reveal the line item price as well as the total bid Total base bid should be calculated in the provided space.
o All pages provided with signature lines shall be appropriately signed, dated accordingly, and included with
submitted bid documents
F1All bid documents shall be delivered in a sealed envelope to the address listed below before the stated deadline
on the coversheet of the bid. All bids should be delivered with the name of the bidder (contractor) on the sealed
envelope as well as the bidders Arkansas Contractor's License Number.
City of Fayetteville, AR
Purchasing Division —Suite 306
113 W. Mountain
ii Fayetteville, AR 72702
CONTRACTOR NAME: 1, 1IQ{/Y) jp'f% P�CaiV1t�
ARKANSAS CONTRACTORS LICENSE NUMBER: D 75 l7 I V O3�V
City of Fayetteville, AR
Bid 20-69, Construction - Head Start Roof Replacement
Page 2 of 31
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INVITATION TO BID
City of Fayetteville, Arkansas
Bid 20-69, Construction — Head Start Roof Replacement
The City of Fayetteville is accepting bids from properly licensed and authorized firms for the materials, delivery, remove and dispose of
old, and installation of a new asphalt shingle roof of the Fayetteville Head Start. Questions should be addressed to Les McGaugh,
Purchasing Agent at Imcgaugh@fayetteville-ar.gov or by calling (479) 575-8220.
Sealed bids shall be submitted to the City of Fayetteville (City), AR by Tuesday August 25, 2020 before 2:00 PM, Local Time. Bids
received after this time will not be accepted. Bids will be opened and publicly read aloud immediately after specified closing time. All
interested parties are invited to attend. Bids shall be received at the following location:
City of Fayetteville, AR
Purchasing Division Room 306 - City Hall
113 West Mountain Street
Fayetteville, Arkansas 72701
A non -mandatory Pre -Bid meeting will be held Wednesday August 12, 2020 at 10:00 AM onsite. Information regarding the pre -bid
meeting is available on the project page on the City's electronic bidding platform. All interested parties are encouraged to attend.
All bids shall be submitted in accordance with the attached specifications and bid documents attached hereto. Each bidder is required
to fill in every blank and shall supply all information requested; failure to do so may be used as basis of rejection.
Bid Documents shall be obtained from the City of Fayetteville Purchasing Division electronically, at no cost. No partial sets will be
issued.
All vendors intending on bidding shall register as a plan holder by notifying Les McGaugh, Purchasing Agent, via e-mail at
Imcgaugh@fayetteville-ar.gov. When registering as a plan holder, vendors shall submit primary contact information including name of
contractor, primary contact, phone number, fax number, and physical address. Failure to register as a plan holder can result in your
bid being rejected. Sub -Contractors and suppliers are also strongly encouraged to obtain documents directly from the City and get
registered as a plan holder.
Each bid shall be accompanied by a cashier's check from a bank doing business in the State of Arkansas or a corporate bid bond in an
amount not less than five (5) percent of the amount bid. A one hundred percent (100%) performance and payment bond is required
with the contract awarded and shall be file marked by the Washington County Circuit Clerk's Office upon receipt to the City. This is a
federally funded project. A contractor's license from the State of Arkansas Contractor's Licensing Board is not required at the time of
bid; however, no contractor shall submit a bid under this prior to submitting application for licensure. The City shall not execute any
construction contract unless and until the successful bidder for the project furnishes an appropriate license issued by the board.
Bidders shall be qualified to do business and licensed in accordance with all applicable laws of the state and local governments where
the Project is located.
Certain mandatory federal requirements apply to this solicitation and will be made a part of any contract awarded:
1. Buy American Preferences (Title 49 U.S.C. Chapter 501)
2. Foreign Trade Restrictions (49 CFR 30.17)
3. Davis Bacon Labor Provisions (29 CFR Parts 1, 3, and 5)
4. Requirement for Affirmative Action (41 CFR Part 60-4)
5. Debarment, Suspension, Ineligibility, and Voluntary Exclusion
6. Requirements for Drug -free Workplace
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Each bid shall be accompanied by a cashiers check from a bank doing business in the State of Arkansas or a corporate bid bond in an
amount not less than five (5) percent of the amount bid. A one hundred percent (100%) performance and payment bond is required
with the contract awarded and shall be file marked by the Washington County Circuit Clerk's Office upon receipt to the City. A State of
Arkansas Contractors License is required for all bid and license shall be valid at the time of bid deadline. Bidders shall be qualified to
do business and licensed in accordance with all applicable laws of the state and local governments where the Project is located.
The City reserves the right to reject any or all Bids and to waive irregularities therein, and all Bidders shall agree that such rejection
shall be without liability on the part of the City for any damage or claim brought by any Bidder because of such rejections, nor shall
the Bidders seek any recourse of any kind against the City because of such rejections. The filing of any Bid in response to this
invitation shall constitute an agreement of the Bidder to these conditions. Awarding this project shall be contingent upon grant
funding being approved and received.
Pursuant to Ark. Code Annotated §22-9-203, The City of Fayetteville encourages all qualified small, minority and women business
enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general
contractors to subcontract portions of their contract to qualified small, minority and women business enterprises.
CITY OF FAYETTEMLE, AR
By: Les McGaugh
Title: Purchasing Agent
P:479-575-8220
Email: Imcgaught@favetteville-ar.gov
TTD (Telecommunications Device for the Deaf): 479-521-1316
Date of Advertisement: 09/02/2020, 08/09/2020
City of Fayetteville, AR
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Days to Final Completion: 20 Days from Receipt of PO
F.O.B. 2052 S. Garland, Fayetteville, AR 72701
Bid Form is available on Bonfire.
Bids shall be submitted on this bid form in its entirety AND accompanied by descriptive literature on the
products being bid. The City reserves the right to award this bid based on the City's best interest at the time of
product order.
THIS BID FORM CONTINUES ON THE NEXT PAGE.
City of Fayetteville, AR
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EXECUTION OF BID -
Actual specification of any deficient item shall be noted on the bid sheet or separate attachment. If specifications of item
bid differ from provided literature, deviation shall be documented and certified by the manufacturer as a regular
production option.
Upon signing this Bid, the bidder certifies that:
1. He/she has read and agrees to the requirements set forth in this proposal, including specifications, terms,
standard conditions, and any pertinent information regarding the articles being bid on.
2. Unless otherwise noted and explained, the unit bid and listed meets or exceeds all of these requirements as
specified by The City of Fayetteville.
3. The Bidder can and will comply with all specifications and requirements for delivery, documentation and support
as specified herein.
4. I, as an officer of this organization, or per the attached letter of authorization, am duly authorized to certify the
information provided herein is accurate and true.
5. Bidder shall comply with all State and Federal Equal Opportunity and Non -Discrimination requirements and
conditions of employment in addition to all federal, state, and local laws.
6. Bidder shall disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any
relationship with any City of Fayetteville employee. Response shall disclose if a known relationship exists between
any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official.
If no relationship exists, this should also be stated in your response. Failure to disclose such a relationship may
result in cancellation of a purchase and/or contract as a result of your response.
J1.) NO KNOWN RELATIONSHIP EXISTS
2.) RELATIONSHIP EXISTS (Please explain):
7. Bidder will perform the Work in compliance with all applicable trench safety standards set forth in Occupational
Safety and Health Administration (OSHA) Part 1926—Subpart P — Excavations.
8. Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not
currently boycott Israel and will not boycott Israel during any time in which they are entering into, or
while in contract, with any public entity as defined in §25-1-503. If at any time during contract the
contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing.
9. As A bidder on this project, you are required to provide debarment/suspension certification indicating that you
are in compliance with the below Federal Executive Order. Certification can be done by completing and signing
this form.
a. Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receivini
individual awards, using federal funds, and all sub -recipients certify that the organization and it
principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntaril
excluded by any Federal department or agency from doing business with the Federal Government.
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b. Your signature below certifies that neither you nor your principal is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction
by any federal department or agency.
Unsigned bids will be rejected. Items marked *rare mandatory
(for
*NAME OF FIRM: esrix, 1' i-tW,&— ICE
Purc sy .r r/Payments shall a is ed to this name
*D/B/A or Corporation Name Y,� m P� o�
n^ Q
*BUSINESS ADDRESS: Fin VOX
j
*CITY: _ 1 6 Loy) UII l L *STATE: *ZIP:
*PHONE: — //779'�-771- � 19/ FAX: /)IA-
* E-MAIL:
*BY: (PRII
*AUTHOF
*TITLE: DpaG.,'71 r)✓A CC,M &I3a(g ey-
DUNS NUMBER: Oi9t �J /�/`� CAGE NUMBER:
*TAX ID NUMBER:
Acknowledge Addendums:
Addendum No. Dated: Acknowledged by:
Addendum No. Dated: Acknowledged by:
Addendum No. Dated: Acknowledged by:
Addendum No. Dated: Acknowledged by:
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PART ONE - DEFINED TERMS
1.1 Terms used in these Instructions to Bidders which are defined in the General Conditions have the
meanings assigned to them in the General Conditions. Certain additional terms used in these
Instructions to Bidders have the meanings indicated below which are applicable to both the singular and
Plural thereof.
1.2 Bidder - one who submits a Bid directly to City of Fayetteville as distinct from a sub -bidder, which
submits a bid to a Bidder.
1.3 Issuing Office - the office from which the Bidding Documents are to be issued and where the bidding
procedures are to be administered.
1.4 Successful Bidder - the lowest, responsible, and responsive Bidder to whom the City of Fayetteville (on
the basis of the City of Fayetteville's evaluation as hereinafter provided) makes an award.
PARTTWO-COPIES OF BIDDING DOCUMENTS
2.1 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the
Advertisement for Bids may be obtained from the Issuing Office.
2.2 Complete sets of Bidding Documents must be used in preparing Bids. The City of Fayetteville assumes no
responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding
Documents.
2.3 City of Fayetteville and owner in making copies of Bidding Documents available on the above terms do
so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other
use.
PART THREE - EXAMINATION OF SITE AND CONTRACT DOCUMENTS
3.1 Bidders are advised that the Drawings and Specifications are on file at the City of Fayetteville Purchasing
Division and shall constitute all of the information which the City of Fayetteville shall furnish. No other
information given or sounding made by the City of Fayetteville or any official thereof, prior to the
execution of said contract, shall ever become a part of, or change the contract, drawings, specifications
and estimates, or be binding on City of Fayetteville.
Prior to submitting any Bid, Bidders are required to: read carefully the Specifications, contract, and
Bonds; examine carefully all Drawings; visit the site of the Work to carefully examine local conditions;
inform themselves by their independent research and sounding of the difficulties to be encountered,
and all attending circumstances affecting the cost of doing the work, and the time specified for its
completion; and obtain all information required to make an intelligent bid.
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3.2 Bidders shall rely exclusively upon their surveys, estimates, investigations, and other things which are
necessary for full and complete information upon which the bid may be made and for which a contract
is to be awarded. The Bid Form, providing for unit and lump sum prices bid by the Contractor, contains a
statement that all bids are made with the full knowledge of the difficulties and conditions that may be
encountered, the kind, quality and quantity of the plans, work to be done, excavation, and materials
required and with full knowledge of the drawings, profiles, specifications, and estimates and all
provisions of the contract and Bonds.
3.3 Bidders shall promptly notify owner of all conflicts, errors, ambiguities, or discrepancies which Bidder
has discovered in or between the Contract Documents and such other related documents.
3.4 Information and data shown or indicated in the Contract Documents with respect to existing
Underground Facilities at or contiguous to the site is based upon information and data furnished to City
of Fayetteville owner by City of Fayetteville's of such Underground Facilities or others, and City of
Fayetteville owner do not assume responsibility for the accuracy or completeness thereof unless it is
expressly provided otherwise in the Supplementary Conditions.
3.5 On request, City of Fayetteville will provide each Bidder access to the site to conduct such examinations,
investigations, explorations, tests, and studies as each Bidder deems necessary for submission of a Bid.
Bidder must fill all holes and clean up and restore the site to its former conditions upon completion of
such explorations, investigations, tests, and studies.
3.6 Reference is made to the General Requirements for the identification of the general nature of work that
is to be performed at the site by City of Fayetteville or others (such as utilities and other prime
contractors) that relates to the work for which a Bid is to be submitted. On request, and as available,
City of Fayetteville will provide to each Bidder, for examination, access to or copies of Contract
Documents (other than portions thereof related to price) for such work.
3.7 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has
complied with every requirement of this Article 3, that without exception the Bid is premised upon
performing and furnishing the Work required by the Contract Documents and applying the specific
means, methods, techniques, sequences, or procedures of construction (if any) that may be shown or
indicated or expressly required by the Contract Documents, that Bidder has given owner written notice
of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Contract
Documents and that the written resolutions thereof by owner are acceptable to Bidder, and that the
Contract Documents are generally sufficient to indicate and convey understanding of all terms an(
conditions for performing and furnishing the Work.
PART FOUR - AVAILABILITY OF LANDS FOR WORK AND WORK BY OTHERS
4.1 The lands upon which the Work is to be performed, rights -of -way and easements for access thereto and
other lands designated for use by Contractor in performing the Work are identified in the Contract
Documents. All additional lands and access thereto required for temporary construction facilities,
construction equipment, or storage of materials and equipment to be incorporated in the Work are to
be obtained and paid for by Contractor. Easements for permanent structures or permanent changes in
existing facilities are to be obtained and paid for by City of Fayetteville unless otherwise provided in the
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Contract Documents.
PART FIVE - INTERPRETATION OF CONTRACT DOCUMENTS AND ADDENDA
5.1 If any person contemplating submitting a bid for construction of the Work is in doubt as to the true
meaning of any part of the proposed Contract Documents or finds discrepancies in or omissions from
any part of the proposed Contract Documents, he should submit a written request for interpretation
thereof to the owner not later than seven days before the date set for bid opening. The person
submitting the request shall be responsible for its prompt delivery.
5.2 Interpretation or correction of proposed Contract Documents will be made only by Addendum to all
holders of Bidding Documents. Only questions answered by formal written Addenda will be binding.
Oral and other interpretations or clarifications will be without legal effect. City of Fayetteville will not be
responsible for any other explanations or interpretations of the proposed Contract Documents.
5.3 Addenda may also be issued to modify the Bidding Documents as deemed advisable by City of
Fayetteville.
5.4 Bidder assumes all responsibility for checking the City s website at www.accessfayetteville.org for
updates and addenda issued to this project.
PART SIX -APPROXIMATE ESTIMATE OF QUANTITIES
6.1 The provided estimate of quantities is approximate only and shall be the basis for receiving unit price
bids for each item but shall not be considered by Bidders as actual quantities that may be required for
the completion of the proposed work. However, such quantities, at the unit and lump sum prices bid for
each item, shall determine the amount of each bid for comparison of Bids and aid in determining the
low and responsive Bidder for the purpose of awarding the contract, and will be used as basis for fixing
the amount of the required Bonds.
PART SEVEN - PRICES
7.1 Bidders must state a price for each item of work named in the Bid Form. Unit and Lump Sum prices shall
include amounts sufficient for the furnishing of all labor, materials, tools, equipment, and apparatus of
every description to construct, erect, and finish completely all of the work as called for in the
Specifications or indicated on the Drawings.
7.2 Prices bid on the various items in the Bid Form shall bear a fair relationship to the cost of the work to be
done. Bids which appear unbalanced and are deemed not to be in the best interest of City of Fayetteville
may be rejected at the discretion of City of Fayetteville.
7.3 By submission of a Bid, Bidder represents that Bidder has considered the entire Project and the Work
required and has reviewed the Drawings and Specifications to verify the full scope of the Work.
PART EIGHT- BID FORM
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8.1 Bids are due as indicated in the Advertisement for Bids.
8.2 Bids must be made out in ink on the Bid Form included in these Bidding Documents. The unit price or
lump sum bid for each item must be stated in figures and in words in the appropriate blank spaces
provided on the Bid Form. The figures must be clear and distinctly legible so that no question can arise
as to their intent and meaning. In case of a difference in the written words and figures, the amount
stated in written words shall govern. Discrepancies between the multiplication of units of Work and unit
prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any
column of figures and the correct sum thereof will be resolved in favor of the correct sum.
8.3 Bids which are incomplete, unbalanced, conditional, or obscure or which contain additions not called
for, erasures, alterations, or irregularities of any kind or which do not comply with these Instructions to
Bidders may be rejected as informal or non -responsive at the option of City of Fayetteville. However,
City of Fayetteville reserves the right to waive technicalities as to changes, alterations, or revisions and
to make the award in the best interest of City of Fayetteville.
8.4 Address sealed bids to City of Fayetteville, and deliver to the address given in the Advertisement for Bids
on or before the day and hour set for opening the bids. Enclose the completed Bid Form and Project
Manual in a sealed envelope bearing the title of the project, the name of the Bidder, Bidder's Arkansas
Contractor's License Number, and the date and hour of the bid opening. If this sealed envelope is
delivered by a public carrier, it must be contained in another envelope addressed to City of Fayetteville
and the attention of the project name. It is the sole responsibility of Bidder to see that the Bid is
received on time.
8.5 Acceptance of deductive alternate bids is at the City of Fayetteville's discretion, as best services the City
of Fayetteville's interest. Each deductive alternate, if presented, will be provided on the Bid Form. The
price of the Bid for each deductive alternate will be the amount to be deducted from the price of the
Total Base Bid if the City of Fayetteville selects any of the alternates. The unit price amount for each
alternate shall be the same as the unit price amount listed in the Bid.
8.6 No Bidder shall divulge the information in the Bid to any person whomsoever, except those having a
partnership or other financial interest with him in the Bid, until after the bids have been opened.
PART NINE - SIGNATURE ON BIDS
9.1 If the Bid is made by an individual, the firm name must be given, and the Bid Form signed by the
individual or a duly authorized agent. If the Bid is made by a partnership, the firm name and the names
of each member must be given, and the Bid signed by a member of the partnership, or a person duly
authorized. If the Bid is made by a company or corporation, the company or corporate name must be
given and the Bid signed by an officer or agent duly authorized. The corporate seal must be affixed and
attested by the secretary or an assistant secretary. The corporate address and state of incorporation
must be shown below the signature.
9.2 All names must be typed or printed in black ink below the signature.
9.3 The address and telephone number for communications regarding the Bid must be shown.
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9.4 Powers of attorney, properly certified, for agents and others to sign Bids must be in writing and filed
with City of Fayetteville.
9.5 The Bid shall also contain a signed acknowledgment of receipt of all Addenda.
PARTTEN - BID SECURITY
10.1 A five percent (5%) bid security, in the form of a bid bond, or cashier's check from a bank located in the
State of Arkansas, as stated in the Advertisement For Bids, shall accompany each bid. Bid bonds for the
difference in price between low bidder and second low bidder shall not be acceptable. The Successful
Bidder's security will be retained until City of Fayetteville receives a signed Agreement and required
Bonds and Certificates of Insurance. If the Successful Bidder fails to execute and deliver the Agreement
and furnish the required contract security within fifteen days after the Notice of Selection, City of
Fayetteville may annul the Notice of Selection and the Bid security of that Bidder will be forfeited.
10.2 The City of Fayetteville reserves the right to retain the security until the Successful Bidder enters into
the Contract or until sixty (60) days after bid opening, whichever is sooner. Cash equivalent security of
the second and third low bidder may be exchanged for an equivalent bid bond after bid tabulations are
complete or thirty (30) days after bid opening, whichever is sooner.
PART ELEVEN - PERFORMANCE BOND AND PAYMENT BOND
11.1 Prior to signing the Agreement, Contractor shall furnish a surety performance Bond and a payment
Bond, equal to one hundred percent of the contract price.
11.2 Contractor shall pay all expenses in connection with the obtaining of said Bonds. The Bonds shall be
conditioned that Contractor shall faithfully perform the contract and shall pay all indebtedness for labor
and materials furnished or performed in the construction of such alterations and additions as prescribed
in this contract.
11.3 The surety company issuing the Bonds must be a solvent company on the "Surety Companies Annual
List" issued by the U.S. Department of the Treasury, and the Bonds are not to be issued in an amount
greater than the underwriting limitations for the surety company as set out therein.
11.4 In Arkansas, prevailing law requires that performance and payment Bonds on public works contracts
shall be executed by a resident local agent who is licensed by the Insurance Commissioner to represent
the surety company executing said Bonds and filing with such Bonds his Power of Attorney as his
authority. The mere countersigning of the Bonds will not be sufficient.
11.5 The date of the Bonds, and of the Power of Attorney, must not be prior to the date of the contract. At
least two originals of the Bonds shall be furnished, each with Power of Attorney attached.
11.6 Bonds are to be approved by City of Fayetteville. If any Bonds contracted for become unsatisfactory or
unacceptable to City of Fayetteville after the acceptance and approval thereof, Contractor, upon being
notified to that effect, shall promptly execute and furnish acceptable Bonds in the amounts herein
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specified. Upon presentation of acceptable Bonds, the unsatisfactory Bonds may be canceled at the
discretion of Contractor.
11.7 The bonds shall be presented to the City after being file marked at the Washington County Circuit
Clerk's Office. Multiple copies of the original bonds may be necessary for filing purposes.
PART TW ELVE - CONTRACT TIME
12.1 The number of days within which, or the dates by which the Work is to be substantially completed and
also completed and ready for final payment Is outlined in the Bid Form.
PART THIRTEEN - LIQUIDATED DAMAGES
13.1 Provisions for liquidated damages, if any, are set forth in the Bid Form.
PART FOURTEEN - SUBCONTRACTORS SUPPLIERS AND OTHERS
14.1 Contractor shall not assign or sublet all or any part of this contract without the prior written approval of
City of Fayetteville nor shall Contractor allow such subcontractor to commence work until approval of
workman's compensation insurance and public liability insurance as may be required. Approval of each
subcontract by City of Fayetteville will in no manner release Contractor from any obligations as set out
in the Drawings, Specifications, contract, and Bonds.
PART FIFTEEN - SUBSTITUTE AND "OR EQUAL" ITEMS
15.1 Any reference to a particular brand or manufacture is in an effort to establish an acceptable level of
quality for this purchase. Brands or manufacturers that are included in a bid that are of at least equal
quality, size and specification as to what has been specified, will be acceptable for consideration.
PART SIXTEEN - COMPLIANCE WITH STATE LICENSING LAW
16.1 A Contractor's License is required to bid this project, however, prior to executing the agreement with
the City of Fayetteville, the Contractor shall be licensed in accordance with the requirements of Act 150,
Arkansas Acts of 1965, the "Arkansas State Licensing Law for Contractors" for bids in excess of $20,000.
PART SEVENTEEN - QUALIFICATIONS AND RESPONSIBILITY OF BIDDERS
17.1 To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit within five
days after bid opening, upon City of Fayetteville's or owner's request, detailed written evidence such as
financial data, present commitments, and other such data as may be called for. Each Bid must contain
evidence of Bidder's qualification to do business in the State of Arkansas.
PART EIGHTEEN - DISQUALIFICATIONS OF BIDDERS
18.1 Any one or more of the following may be considered as sufficient for the disqualification of bidders and
the rejection of Bids.
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18.2 More than one Bid Form for the same work from an individual, firm, partnership, or corporation under
the same or different names.
18.3 Evidence of collusion among bidders. Participants in such collusion may receive no recognition as
bidders for any future work.
18.4 Unbalanced Bid Forms in which the prices for some items are out of proportion to the prices for other
items, or changes written in, or amendments by letter, or failure to submit a unit price for each item of
work for which a bid price is required by the Bid Form, or failure to include all required contract
documents.
18.5 Lack of competency as revealed by the financial statement, experience, plant, and equipment
statements submitted. Lack of responsibility as shown by past work judged from the standpoint of
workmanship and progress.
18.6 Uncompleted work which, in the judgment of City of Fayetteville, might hinder or prevent the prompt
completion of additional work if awarded.
18.7 Being in arrears on existing contracts, in litigation with City of Fayetteville, or having defaulted on a
previous contract.
PART NINETEEN - OPENING OF BIDS
19.1 Bids will be opened and read aloud publicly at the place where Bids are to be submitted in a room to be
designated by City of Fayetteville the day of the bid opening. An abstract of the amounts of the base
Bids and major alternates (if any) will be made available to Bidders after the opening of Bids.
PARTTWENTY-CONSIDERATION OF BIDS
20.1 After the bids are opened and read, the quantities will be extended and totaled in accordance with the
bid prices of the accepted Bids. This review of the Bids will confirm the low bidder.
20.2 In evaluating Bids, City of Fayetteville will consider the qualifications of Bidders, whether or not the Bids
comply with the prescribed requirements, and such alternates, unit prices, and other data as may be
requested in the Bid Form or prior to the Notice of Selection.
20.3 City of Fayetteville may consider the qualifications and experience of Subcontractors, Suppliers, and
other persons and organizations proposed for those portions of the Work as to which the identity of
Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the
Supplementary Conditions. City of Fayetteville also may consider the operating costs, maintenance
requirements, performance data, and guarantees of major items of materials and equipment proposed
for incorporation in the Work when such data is required to be submitted prior to the Notice of
Selection.
PARTTWENTY-ONE - RIGHTTO REJECT BIDS
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21.1 City of Fayetteville reserves the right to reject any and all Bids, to waive technicalities, and to advertise
for new bids. All Bids are subject to this reservation. City of Fayetteville reserves to itself the right to
decide which shall be deemed the lowest responsive and responsible Bid. Due consideration will be
given to the reputation, financial ability, experience and equipment of the Bidder.
21.2 City of Fayetteville also reserves the right to waive informalities not Involving price, time or changes in
the Work and to negotiate contract terms with the Successful Bidder.
PART TWENTY-TWO - AWARDING OF CONTRACT
22.1 City of Fayetteville reserves the right to withhold the awarding of a contract a reasonable period of time
from the date of opening bids, not to exceed sixty (60) days except with the consent of the Successful
Bidder. The awarding of a contract upon a successful Bid shall give the Bidder no right to action or claim
against City of Fayetteville upon the contract until the contract is reduced to writing and signed by the
contracting parties. The letting of a contract shall not be complete until the contract is executed and
the necessary Bonds approved.
PART TWENTY-THREE - RETAI NAGE
23.1 Provisions concerning retainage and Contractor's rights to deposit securities in lieu of retainage are set
forth in the Agreement.
PARTTWENTY-FOUR- SIGNING OF AGREEMENT
24.1 When City of Fayetteville gives a Notice of Selection to the Successful Bidder, it will be accompanied by
the number of unsigned counterparts of the Agreement as indicated in the Supplementary Conditions,
with all other written Contract Documents attached. Within ten (10) days thereafter, Contractor shall
sign and deliver the required number of counterparts of the Agreement and attached documents to City
of Fayetteville with the required Bonds & Certificate of Insurance. Within ten (10) days thereafter City
of Fayetteville shall deliver one fully signed counterpart to Contractor.
PART TWENTY-FIVE- MATERIALS GUARANTY
25.1 Before any contract is awarded Bidder may be required to furnish a complete statement of the origin,
composition, or manufacture of any or all materials proposed to be used in the construction of the
Work, together with samples, which may be subjected to tests provided for in the Specifications to
determine their quality and fitness for the Work.
PARTTWENTY-SIX- FAMILIARITY WITH LAWS
26.1 Bidder is presumed to be familiar with all federal, state, and city laws, ordinances, and regulations which
in any manner affect those engaged or employed in the Work, or the materials or equipment used, or
that in any way affect the Work and shall in all respects comply with said laws, ordinances, and
regulations. No claim of misunderstanding or ignorance on the part of Contractor will in any way serve
to modify the provisions of the contract. No representations shall be binding unless embodied in the
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contract.
PART TWENTY-SEVEN - ADDITIONAL LAWS AND REGULATIONS
Bidders' attention is called to the following laws and regulations which may have an impact on the Work
and on the preparation of the Bid.
27.1 Americans with Disabilities Act.
27.2 Storm water discharge regulations, enacted under the Clean Water Act and administered by the
Arkansas Department of Environmental Quality (ADEQ) under a general permits program. Contractor
may be required to obtain coverage under general permit ARR001000 prior to commencing work at the
site.
27.3 Arkansas Act 291 of 1993, dealing with excavation safety, signed into law on March 1, 1993.
PART TWENTY-EIGHT— PAST EXPERIENCE REQUIRED
28.1 All bidders shall have past experience in providing similar work as described for this project. The City of
Fayetteville reserves the right to reject for inadequate experience. A minimum of four (4) references
are required.
End of Section
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1. SUBMISSION OF BID & BID EVALUATION:
a. Bids shall be reviewed following the stated deadline, as shown on the cover sheet of this
document.
b. Bidders shall submit bids based on documentation published by the Fayetteville Purchasing
Division.
c. Bids may be submitted electronically on the City's Electronic bidding Platform, Bonfire, by going
to www.favetteville-ar.gov/bids the City is not responsible for failure of bidders technical
equipment.
d. Bids submitted physical shall be enclosed in sealed envelopes or packages addressed to the City
of Fayetteville, Purchasing Division, Room 306, 113 W. Mountain, Fayetteville, AR 72701. The
name, address of the firm and Bid, RFP, or RFQ number shall be on the outside of the packaging
as well as on any packages enclosed in shipping containers or boxes.
e. The City will not be responsible for misdirected bids. Vendor should call the Purchasing Office at
479.575.8220 to ensure correct receipt of bidding documents prior to opening time and date
listed on the bid form.
f. Bidders shall have experience in providing products and/or services of the same or similar
nature.
g. Bidder is advised that exceptions to any of the terms contained in this bid must be identified in
its response to the bid. Failure to do so may lead the City to declare any such term non-
negotiable. Proposer's desire to take exception to a non-negotiable term will not disqualify it
from consideration for award.
h. Local time is defined as the time in Fayetteville, Arkansas on the due date of the deadline. Bids
shall be received before the time as shown by the atomic clock located in the Purchasing Division
Office.
i. Bids will be evaluated and awarded based on the best interest of the City of Fayetteville. The City
reserves the right to award bids in their entirety, none, or by line item.
2. WRITTEN REQUESTS FOR INTERPRETATIONS OR CLARIFICATION:
No oral interpretations will be made to any firms as to the meaning of specifications or any other contract
documents. All questions pertaining to the terms and conditions or scope of work of this bid must be sent in
writing via e-mail to the Purchasing Agent. Responses to questions may be handled as an addendum if the
response would provide clarification to the requirements of the bid. All such addenda shall become part of
the contract documents. The City will not be responsible for any other explanation or interpretation of the
proposed bid made or given prior to the award of the contract.
3. DESCRIPTION OF SUPPLIES AND SERVICES:
Any reference to a particular brand or manufacturer is done in an effort to establish an acceptable level of
quality for this project. Brands or manufacturers that are included in bid that are of at least equal quality,
size, design, and specification as to what has been specified, will be acceptable for consideration only if
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approved by the City of Fayetteville Purchasing Division. The City of Fayetteville reserves the right to accept
or reject any requested equal.
4. RIGHTS OF CITY OF FAYETTEVILLE BID PROCESS:
In addition to all other rights of the City of Fayetteville, under state law, the City specifically reserves the
following:
a. The City of Fayetteville reserves the right to select the bid that it believes will serve the best
interest of the City.
b. The City of Fayetteville reserves the right to accept or reject any or all bids.
c. The City of Fayetteville reserves the right to cancel the entire bid.
d. The City of Fayetteville reserves the right to remedy or waive technical or immaterial errors in
the invitation to bid or in bids submitted.
e. The City of Fayetteville reserves the right to request any necessary clarifications, additional
information, or data without changing the terms of the bid.
S. COSTS INCURRED BY BIDDERS:
All expenses involved with the preparation and submission of bids to the City, or any work performed in
connection therewith, shall be borne solely by the bidder(s). No payment will be made for any responses
received, or for any other effort required of, or made by, the bidder(s) prior to contract commencement.
6. CONFLICT OF INTEREST:
a. The bidder represents that it presently has no interest and shall acquire no interest, either direct
or indirect, which would conflict in any manner with the performance or services required
hereunder, as provided in City of Fayetteville Code Section 34.26 titled "Authority of City
Employee to Contract with the City".
b. All bidders shall promptly notify Les McGaugh, City Purchasing Agent, in writing, of all potential
conflicts of interest for any prospective business association, interest, or other circumstance
which may influence or appear to influence the bidder's judgment or quality of services being
provided. Such written notification shall identify the prospective business association, interest or
circumstance, the nature of which the bidder may undertake and request an opinion to the City
as to whether the association, interest or circumstance would, in the opinion of the City,
constitute a conflict of interest if entered into by the bidder. The City agrees to communicate
with the bidder its opinion via e-mail or first-class mail within thirty days of receipt of
notification.
7. WITH DRAWL OF PROPOSAL:
A bid maybe withdrawn prior to the time set for the bid submittal, based on a written request from an
authorized representative of the firm; however, a bid shall not be withdrawn after the time set for the bid
unless approved by the Purchasing Division.
8. LATE PROPOSAL OR MODIFICATIONS:
Bid modifications received after the time set for the bid submittal shall not be considered. Modifications in
writing received prior to the deadline will be accepted. The City will not be responsible for misdirected bids.
Bidders should call the Purchasing Division at (479) 575-8220 to ensure receipt of their submittal
documents prior to opening time and date listed.
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LOCAL STATE AND FEDERAL COMPLIANCE REQUIREMENTS:
a. The laws of the State of Arkansas apply to any purchase made under this bid. Bidders shall
comply with all local, state, and federal directives, orders and laws as applicable to this proposal
and subsequent contract(s) including but not limited to Equal Employment Opportunity (EEO),
Disadvantaged Business Enterprises (DBE), & OSHA as applicable to this contract.
b. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified
small, minority and women business enterprises to bid on and receive contracts for goods,
services, and construction. Also, City of Fayetteville encourages all general contractors to
subcontract portions of their contract to qualified small, minority and women business
enterprises.
10. PROVISION FOR OTHER AGENCIES:
Unless otherwise stipulated by the bidder, the bidder agrees to make available to all Government agencies,
departments, municipalities, and counties, the proposal prices submitted in accordance with said proposal
terms and conditions therein, should any said governmental entity desire to buy under this proposal.
Eligible Users shall mean all state of Arkansas agencies, the legislative and judicial branches, political
subdivisions (counties, local district school boards, community colleges, municipalities, counties, or other
public agencies or authorities), which may desire to purchase under the terms and conditions of the
contract.
11. COLLUSION:
The Proposer, by affixing his or her signature to this proposal, agrees to the following: "bidder certifies that
his or her bid is made without previous understanding, agreement, or connection with any person, firm or
corporation making a proposal for the same item(s) and/or services and is in all respects fair, without
outside control, collusion, fraud, or otherwise illegal action."
12. RIGHT TO AUDIT, FOIA, AND JURISDICITON:
a. The City of Fayetteville reserves the privilege of auditing a vendor's records as such records
relate to purchases between the City and said vendor.
b. Freedom of Information Act: City contracts and documents prepared while performing City
contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of
Information Act request is presented to the City of Fayetteville, the (Contractor) will do
everything possible to provide the documents in a prompt and timely manner as prescribed in
the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized
photocopying costs pursuant to the FOIA may be assessed for this compliance.
c. Legal jurisdiction to resolve any disputes shall be in Washington County, Arkansas with Arkansas
law applying to the case.
13. CITY INDEMNIFICATION:
The successful bidder(s) agrees to indemnify the City and hold it harmless from and against all claims,
liability, loss, damage or expense, including but not limited to counsel fees, arising from or by reason of any
actual or claimed trademark, patent or copyright infringement or litigation based thereon, with respect to
the goods or any part thereof covered by this order, and such obligation shall survive acceptance of the
goods and payment thereof by the City.
14. VARIANCE FROM STANDARD TERMS & CONDITIONS:
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All standard terms and conditions stated in this request for bid apply to this contract except as specifically
stated in the subsequent sections of this document, which take precedence, and should be fully understood
by bidders prior to submitting a proposal on this requirement.
15. ADA REQUIREMENT FOR PUBLIC NOTICES & TRANSLATION:
Persons with disabilities requiring reasonable accommodation to participate in this proceeding/event,
should call 479.521.1316 (telecommunications device for the deaf), not later than seven days prior to the
deadline. Persons needing translation of this document shall contact the City of Fayetteville, Purchasing
Division, immediately.
16. PROCUREMENT POLICY FOR RECYCLED MATERIALS:
The City of Fayetteville wishes to encourage its bidders to use recycled products in fulfilling contractual
obligations to the City and that such practices will serve as a model for other public entities and private
sector companies.
17. PAYMENTS AND INVOICING:
The bidder must specify in their bid the exact company name and address which must be the same as
invoices submitted for payment as a result of award of this bid. Further, the successful bidder is responsible
for immediately notifying the Purchasing Division of any company name change, which would cause
invoicing to change from the name used at the time of the original bid. Payment will be made within thirty
days of invoice received. The City of Fayetteville is very credit worthy and will not pay any interest, fees, or
penalty for untimely payments. Payments can be processed through bidder's acceptance of Visa at no
additional costs to the City for expedited payment processing. The City will not agree to any nonrefundable
deposit or retainer that would remain property of the bidder even if the hourly work actually performed by
the bidder would not justify such fee.
The City will pay the awarded bidder based on unit prices provided on invoicing. Progress payments will be
made after approval and acceptance of work and submission of invoice. Payments will be made within 30
days of accepted invoice.
18. CANCELLATION:
a. The City reserves the right to cancel this contract without cause by giving thirty (30) days prior
notice to the Contractor in writing of the intention to cancel or with cause if at any time the
Contractor fails to fulfill or abide by any of the terms or conditions specified.
b. Failure of the contractor to comply with any of the provisions of the contract shall be considered
a material breach of contract and shall be cause for immediate termination of the contract at the
discretion of the City of Fayetteville.
c. In addition to all other legal remedies available to the City of Fayetteville, the City reserves the
right to cancel and obtain from another source, any items and/or services which have not been
delivered within the period of time from the date of order as determined by the City of
Fayetteville.
d. In the event sufficient budgeted funds are not available for a new fiscal period, the City shall
notify the vendor of such occurrence and contract shall terminate of the last day of the current
fiscal period without penalty or expense to the City.
19. ASSIGNMENT, SUBCONTRACTING, CORPORATE ACQUISITIONS AND/OR MERGERS:
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a. The Contractor shall perform this contract. No assignment of subcontracting shall be allowed
without prior written consent of the City. If a bidder intends to subcontract a portion of this
work, the bidder shall disclose such intent in the bid submitted as a result of this bid.
b. In the event of a corporate acquisition and/or merger, the Contractor shall provide written
notice to the City within thirty (30) calendar days of Contractor's notice of such action or upon
the occurrence of said action, whichever occurs first. The right to terminate this contract, which
shall not be unreasonably exercised by the City, shall include, but not be limited to, instances in
which a corporate acquisition and/or merger represent a conflict of interest or are contrary to
any local, state, or federal laws. Action by the City awarding a proposal to a firm that has
disclosed its intent to assign or subcontract in its response to the bid, without exception shall
constitute approval for purpose of this Agreement.
20. NON-EXCLUSIVE CONTRACT:
Award of this bid shall impose no obligation on the City to utilize the vendor for all work of this type, which
may develop during the contract period. This is not an exclusive contract. The City specifically reserves the
right to concurrently contract with other companies for similar work if it deems such an action to be in the
City's best interest. In the case of multiple -term contracts, this provision shall apply separately to each item.
21. LOBBYING:
Lobbying of selection committee members, City of Fayetteville employees, or elected officials regarding
request for proposals, request for qualifications, bids or contracts, during the pendency of bid protest, by
the bidder/proposer/protestor or any member of the bidders/proposer's/protestor's staff, and agent of the
bidder/proposer/protestor, or any person employed by any legal entity affiliated with or representing an
organization that is responding to the request for proposal, request for qualification, bid or contract, or has
a pending bid protest is strictly prohibited either upon advertisement or on a date established by the City of
Fayetteville and shall be prohibited until either an award is final or the protest is finally resolved by the City
of Fayetteville; provided, however, nothing herein shall prohibit a prospective/bidder/proposer from
contacting the Purchasing Division to address situations such as clarification and/or questions related to the
procurement process. For purposes of this provision lobbying activities shall include but not be limited to,
influencing or attempting to influence action or non -action in connection with any request for proposal,
request for qualification, bid or contract through direct or indirect oral or written communication or an
attempt to obtain goodwill of persons and/or entities specified in this provision. Such actions may cause any
request for proposal, request for qualification, bid or contract to be rejected.
22. ADDITIONAL REQUIREMENTS:
The City reserves the right to request additional services relating to this bid from the bidder. When
approved by the City as an amendment to the contract and authorized in writing prior to work, the
Contractor shall provide such additional requirements as may become necessary.
23. ADD OR DELETE LOCATIONS OR SERVICES:
The City reserves the right to unilaterally add or delete locations and/or services, either collectively or
individually, at the City's sole option, at any time after award has been made as may be deemed necessary
or in the best interests of the City. In such case, the Contractor(s) will be required to provide services to this
contract in accordance with the terms, conditions, and specifications.
4. INTEGRITY OF BID DOCUMENTS:
Bidders shall use the original bid form(s) provided by the Purchasing Division and enter information only in
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the spaces where a response is requested. Bidders may use an attachment as an addendum to the bid
form(s) if sufficient space is not available on the original form for the bidder to enter a complete response.
Any modifications or alterations to the original documents by the bidder, whether intentional or otherwise,
will constitute grounds for rejection of such response. Any such modifications or alterations a bidder wishes
to propose shall be clearly stated in the bidder's response and presented in the form of an addendum to the
original bid documents.
25. OTHER GENERAL CONDITIONS:
a. Bidder is presumed to be familiar with all federal, state, and city laws, ordinances, and regulations which
in any manner affect those engaged or employed in the Work, or the materials or equipment used, or
that in any way affect the Work and shall in all respects comply with said laws, ordinances, and
regulations. No claim of misunderstanding or ignorance on the part of Bidder or Proposer will in any way
serve to modify the provisions of the contract. No representations shall be binding unless embodied in
the contract.
b. Prices shall include all labor, materials, overhead, profit, insurance, shipping, freight, etc., to cover the
products and services presented. Sales tax shall not be included in the bid price. Applicable Arkansas
sales tax laws will apply when necessary but will not be considered in award of this project.
c. Each bidder should state the anticipated number of days from the date of receipt of an order for
delivery of services to the City of Fayetteville.
d. Bidders must provide the City with their bids signed by an employee having legal authority to submit
bids on behalf of the bidder. The entire cost of preparing and providing responses shall be borne by the
bidder.
e. The City reserves the right to request any additional information it deems necessary from any or all
bidders after the submission deadline.
f. The request for bid is not to be construed as an offer, a contract, or a commitment of any kind; nor does
it commit the city to pay for any costs incurred by bidder in preparation. It shall be clearly understood
that any costs incurred by the Proposer in responding to this request for proposal is at the bidder's own
risk and expense as a cost of doing business. The City of Fayetteville shall not be liable for
reimbursement to the Proposer for any expense so incurred, regardless of whether or not the proposal
is accepted.
g. If products, components, or services other than those described in this bid document are proposed, the
bidder must include complete descriptive literature for each. All requests for additional information
must be received within five working days following the request.
h. NOTE: Any uncertainties shall be brought to the attention to Les McGaugh immediately via telephone
(479.575.8220) or e-mail (Imcgaugh@favettevilie-ar.gov). It is the intent and goal of the City of
Fayetteville Purchasing Division to provide documents providing a clear and accurate understanding of
the scope of work to be completed and/or goods to be provided. We encourage all interested parties to
ask questions to enable all bidders to be on equal bidding terms.
i. Any inquiries or requests for explanation in regard to the City's requirements should be made promptly
to Les McGaugh, City of Fayetteville, Purchasing Agent via e-mail (Imcgaugh@fayetteville-ar.gov) or
telephone (479.575.8220). No oral interpretation or clarifications will be given as to the meaning of any
part of this request for proposal. All questions, clarifications, and requests, together with answers, if
any, will be provided to all firms via written addendum. Names of firms submitting any questions,
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clarifications, or requests will not be disclosed until after a contract is in place.
j. Any information provided herein is intended to assist the bidder in the preparation of proposals
necessary to properly respond to this bid. The bid is designed to provide qualified Proposers with
sufficient basic information to submit proposals meeting minimum specifications and/or test
requirements, but is not intended to limit a bid's content or to exclude any relevant or essential data.
k. Bidders irrevocably consent that any legal action or proceeding against it under, arising out of or in any
manner relating to this Contract shall be prevailed by Arkansas law. Proposer hereby expressly and
irrevocably waives any claim or defense in any said action or proceeding based on any alleged lack of
jurisdiction or improper venue or any similar basis.
I. The successful bidder shall not assign the whole or any part of this Contract or any monies due or to
become due hereunder without written consent of City of Fayetteville. In case the successful bidder
assigns all or any part of any monies due or to become due under this Contract, the Instrument of
assignment shall contain a clause substantially to the effect that is agreed that the right of the assignee in
and to any monies due or to become due to the successful bidder shall be subject to prior liens of all
persons, firms, and corporations for services rendered or materials supplied for the performance of the
services called for in this contract.
m. The successful bidder's attention is directed to the fact that all applicable Federal and State laws,
municipal ordinances, and the rules and regulations of all authorities having jurisdiction over the services
shall apply to the contract throughout, and they will be deemed to be included in the contract as though
written out in full herein. The successful bidder shall keep himself/herself fully informed of all laws,
ordinances and regulations of the Federal, State, and municipal governments or authorities in any manner
affecting those engaged or employed in providing these services or in any way affecting the conduct of the
services and of all orders and decrees of bodies or tribunals having any jurisdiction or authority over same.
If any discrepancy or inconsistency should be discovered in these Contract Documents or in the
specifications herein referred to, in relation to any such law, ordinance, regulation, order or decree, s/he
shall herewith report the same in writing to City of Fayetteville.
26. INVOICING: All invoices shall be presented to the City with the minimum information listed below.
a. City Department that ordered the materials or services
b. Order Date
c. Delivery date or the date of services
d. Name of the City Employee that requested or picked up the goods, materials, or service
e. Bid Number that applies to the purchase and invoices. Amounts in the bid shall match invoicing.
27. ATTACHMENTS TO BID DOCUMENTS:
a. Technical Specifications
b. Aerial View of worksite.
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Bid 20-69, Technical Specifications
ASPHALT SHINGLES
PART 1 GENERAL
1.1 SECTION INCLUDES
A.Granule surfaced asphalt shingle roofing.
B. Moisture shedding underlayment, eaves, valley and ridge protection
C. Associated metal flashing
1.3 REFERENCES
A. ASTM A 653/A 653M - Standard Specification for Steel Sheets, Zinc -Coated (Galvanized) or Zinc -Iron -Alloy -Coated
(Gaivannealed) by the Hot -Dip Process
B. ASTM B 209 - Standard Specification for Aluminum and Aluminum -Alloy Sheet and Plate
C. ASTM B 370 - Standard Specification for Copper Sheet and Strip for Building Construction.
D. ASTM D 225 - Standard Specification for Asphalt Shingles (Organic Felt) Surfaced with Mineral
Granules.
E. ASTM D 226 -Standard Specification for Asphalt -Saturated Organic Felt Used in Roofing and
Waterproofing.
F. ASTM D 1970 - Standard Specification for Self -Adhering Polymer Modified Bituminous Sheet
Materials used as Steep Roofing Underlayment for Ice Dam Protection.
G. ASTM D 3018 - Standard Specification for Class A Shingles Surfaced with Mineral Granules.
H. ASTM D 3161- Standard Test Method for Wind Resistance of Asphalt Shingles (Fan -Induced
Method).
I. ASTM D 3462 - Standard Specification for Asphalt Shingles Made from Glass Felt and Surfaced
with Mineral Granules.
J. ASTM D 4586 -Standard Specification for Asphalt Roof Cement, Asbestos -Free.
K. ASTM D-4869 -Standard Specification for Asphalt -Saturated Organic Felt Shingle Underlayment
Used in Roofing.
L. ASTM D 6757 - Standard Specification for Inorganic Underlayment for Use with Steep Slope
Roofing Products.
M. ASTM D7158 - Standard Test Method for Wind Resistance of Asphalt Shingles (Uplift Force/Uplift
Resistance Method)
N. ASTM E 108 - Standard Test Methods for Fire Test of Roof Coverings
0. ASTM G 21- Determining Resistance of Synthetic Polymers to Fungi
1.4 SUBMITTALS
A. Submit under provisions of the project manual.
B. Product Data: Provide manufacturer's printed product information indicating material characteristics,
performance criteria and product limitations.
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C. Manufacturer's Installation Instructions: Provide published instructions that indicate preparation
required and installation procedures.
D. Certificate of Compliance: Provide Certificate of Compliance from an independent laboratory indicating that the asphalt
fiberglass shingles made in normal production meet or exceed the requirements of the following:
1. ASTM E 108/UL 790 Class A Fire Resistance
2. ASTM D 3161/0 7158/UL 997 Wind Resistance.
3. ASTM D 3462
E. Shop Drawings: Indicate specially configured metal flashing, jointing methods and locations, fastening
methods and locations and installation details as required by project conditions indicated.
1.5 QUALITY ASSURANCE
A. Installer Minimum Qualifications: Installer shall be licensed or
otherwise authorized by all federal, state and local authorities to install
all products specified in this section. Installer shall perform work in
accordance with NRCA Roofing and Waterproofing Manual. Work shall
be acceptable to the asphalt shingle manufacturer.
B. Mock -Up: Provide a mock-up for evaluation of surface preparation
techniques and application workmanship.
1. Finish areas designated by owner
2. Do not proceed with remaining work until workmanship, color
and pattern are approved by owner.
3. Rework Mock -Up area as required to produce acceptable work.
C. Pre -Installation Meeting — Conduct a pre -installation meeting at the site prior to
commencing work of this section: Require attendance of entities directly concerned
with roof installation. Agenda will include:
1. Installation methods and manufacturer's requirements and
recommendations
2. Safety procedures
3. Coordination with installation of other work
4. Availability of roofing materials.
5. Provide square feet (_ square m) of extra shingles of
each color specified.
6. Preparation and approval of substrate and penetrations through
roof.
7. Other items related to successful execution of work.
D. Maintain one copy of manufacturer's application instructions on
the project site.
1.6 DELIVERY, STORAGE, AND HANDLING
A. Store Products in manufacturer's unopened packaging until ready for installation.
B. Store and dispose of solvent -based materials and materials used with solvent based materials in
accordance with requirements of Authorities Having Jurisdiction.
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C. Deliver shingles to site in manufacturer's unopened labeled bundles. Promptly verify quantities
and conditions. Immediately remove damaged products from site.
1.7 1.7 PROJECT ENVIRONMENTAL CONDITIONS
A. Anticipate and observe environmental conditions (temperature, humidity and moisture) within
limits recommended by manufacturer for optimum results. Do not install products under
environment conditions outside manufacturer's limits.
1.8 WARRANTY
A. Manufacturer's Warranty: Furnish shingle manufacturer's warranty for the product listed below:
1. CertainTeed Landmark: Lifetime limited warranty.
B. Warranty Supplement: Provide manufacturer's supplemental warranty (CertainTeed's SureStart
or SureStart PLUS) to cover labor and materials in the event of a material defect for the
following period after completion of application of shingles:
1. First Ten Years (Landmark Shingles)
2. No SureStart or SureStart PLUS for any shingle applied to inadequately ventilated roof
deck.
C. SureStart PLUS Extended Warranty Protection (can only be provided by a CertainTeed
Credentialed Contractor): Landmark shingles carry:
1. 3-Star Coverage (20 years) material and labor costs for repair or replacement and tear off.
2. 4-Star Coverage (50 years*) material and labor costs for repair or replacement, tear off and
disposal costs.
*25 years for premises not used by individual homeowners
3. 5-Star Coverage (50 years**) material and labor costs for repair or replacement, tear off
and disposal costs, and workmanship defects (25 years).
**30 years for premises not used by individual homeowners
D. Warranty Transferability Clause: Make available to Owner shingle manufacturer's standard
option for transferring warranty to a new owner.
E. Refer to manufacturer's warranty for adjustments for commercial applications.
F. Provide Upgraded Wind Warranty from 110 to 130 mph on L AR shingles for first 15 years by
complying with all manufacturers' conditions and instructions (see section 2.2-13 below).
PART 2 PRODUCTS
2.1 MANUFACTURERS
Basis of Design: CertainTeed Corporation; CertainTeed Landmark; Contact Sales Support Group, P.O. Box 860, Valley
Forge, PA 19482, Toll Free 800-233-8990
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A.Provide basis of design product, or comparable product
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2.2 ASPHALT FIBERGLASS SHINGLES
A. CertainTeed Landmark: Conforming to ASTM D 3018 Type I — Self -Sealing, UL Certification of
ASTM D 3462, ASTM D 3161/UL997 110-mph Wind Resistance and UL Class A Fire Resistance,
glass fiber mat base, ceramically colored/UV resistant mineral surface granules across entire
face of shingle; algae -resistance; two piece laminate shingle.
3 Wind warranty upgrade —These products are warranted to resist blow -off due to wind I
velocities, including gusts, up to a maximum of 130 miles per hour during the first fifteen (15)
years, provided all of the following conditions are met:
1. CertainTeed shingles are not applied over existing roof shingles (roof-overs are not
permitted).
2. CertainTeed specified corresponding hip and ridge accessory products are Installed as
cap shingles (Shadow Ridge'", Cedar Crest`", Mountain Ridge'" (& IR).
3. CertainTeed specified corresponding starter shingles are installed along the roof eaves
and rakes (Swiftstart'" and High -Performance Starter).
(Note: In Florida, CertainTeed will waive the requirement of applying starter shingles along
the roof rake if all of the following conditions are met: The applicable building code requires
that asphalt roof shingles be embedded in an 8-inch-wide bed of asphalt roofing cement
applied along the roof rake edges. And, the shingles are installed and embedded in an 8-inch-
wide bed of asphalt roofing cement along the roof rake edges in accordance with the code.)
C. Weight: 229 / 240 pounds per square (dependent on manufacturing location) (100 square feet).
D. Color: As selected by Owner from manufacturer's standards
2.3 SHEET MATERIALS
A. Underlayment: ASTM D 4869, Asphalt saturated felt.
2.4 FLASHING MATERIALS
A. Sheet Flashing: ASTM A 361/A361M; 26 Gauge (0.45 mm) steel with minimum G115/Z350
galvanized coating
B. Sheet Flashing: ASTM B 209; 0.025 (0.63mm) thick aluminum, mill finish.
C. Sheet Flashing: ASTM B 370; cold rolled copper; 16 ounces per square foot (O.55mm),
natural finish.
D. Bituminous Paint: Acid and alkali resistant type; black color.
E. Tinner's Paint: Color as selected by owner to coordinate with shingle color.
City of Fayetteville, AR
Bid 20-69, Construction - Head Start Roof Replacement
Page 27 of 31
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2.5 ACCESSORIES
A. Nails: Standard round wire type roofing nails, corrosion resistant; hot dipped zinc coated steel,
aluminum or chromated steel; minimum 3.8 inch (9.5mm) head diameter; minimum 11 or 12
gage (2.5mm) shank diameter; shank to be sufficient length to penetrate through the roof
sheathing or'/. inch (19mm) into solid wood, plywood or non -veneer wood decking.
B. Asphalt Roofing Cement: ASTM D 4586, Type I or II
2.6 FLASHING FABRICATION
A. Form flashing to profiles indicated on Drawings and to protect roofing materials from physical
damage and shed water.
C. Form sections square and accurate to profile, in maximum possible lengths, free from distortion
or defects detrimental to appearance or performance.
2.7 ATTIC VENTILATION
A. CertainTeed Rolled Ridge Vent (28 If) Filtered or Unfiltered
1 Shingle over low profile ridge vent designed with external baffle to deflect wind and
weather over the vent. The external baffle creates low pressure over the vent openings
to "pull" air from the attic.
2 Internal weather filter helps protect the attic from wind driven rain, snow, dust and
insects.
3 Each vent will provide 12 sq inches of net free area per lineal foot.
4 Accommodates roof pitches of 3/12 to 20/12.
5 The vent carries an approval report with the Texas Department of Insurance
6 Limited Lifetime Warranty and 5-year Sure Start Protection.
B. CertainTeed Intake Vent (4 If)
1 Designed for homes with little or no intake ventilation in the soffit area.
2 Each vent has 9 sq inches of net free area per linear foot.
3 Minimum 3/12 roof pitch with no maximum.
4 Lifetime Limited Warranty; 5-Year SureStartT"' Protection.
1. EXECUTION
3.1 EXAMINATION
City of Fayetteville, AR
Bid 20-69, Construction - Head Start Roof Replacement
Page 28 of 31
Scanned with CamScanner
A. Verify existing site conditions.
B. Verify that roof penetrations and plumbing stacks are in place and flashed to deck surfaces.
C. Verify deck surfaces are dry and free of ridges, warps or voids.
3.2 ROOF DECK PREPARATION
A. Fallow shingle manufacturer's recommendations for acceptable roof deck material.
B. Broom clean deck surfaces under eave protection and underlayment prior to their application.
3.3 INSTALLATION —PROTECTIVE LINDERLAYMENT
A. Roof Slopes between 2:12 and 4:12 — Use of Diamond Deck Synthetic Roofing Underlayment.
Follow manufacturer's printed instructions for low slope application of this product. Do not
use staples on this product.
B. Roof Slopes 4:12 or Greater: Install one layer of asphalt felt shingle underlayment perpendicular
to slope of roof and lap minimum 4 inches (100 mm) over eave protection.
C. Weather -lap and seal watertight with asphalt roofing cement items projecting through or
mounted on roof. Avoid contact or solvent -based cements with Diamond Deck
3.5 INSTALLATION —VALLEY PROTECTION
A. For "closed -cut," "woven;' and "open" valleys, first place one ply of WinterGuard, minimum 36
inches (910 mm) wide, centered over valleys. Lap joints minimum of 6 inches (152 mm)
Follow instructions of shingle and waterproofing membrane manufacturer.
3.6 INSTALLATON — METAL FLASHING
A. Weather -lap joints minimum 2 inches (50 mm).
B. Seal work projecting through or mounted on roof with asphalt roofing cement and make
weather tight.
3.7 INSTALLATION —ASPHALT SHINGLES
A. Install shingles in accordance with manufacturer's instructions for product type and application
specified.
3.8 FIELD QUALITY CONTROL.
A. Visual inspection of the work will be provided by Owner. If conditions are unacceptable, Owner
City of Fayetteville, AR
Bid 20-69, Construction - Head Start Roof Replacement
Page 29 of 31
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Item Number Item Quantity Requh Unit of Measuri Unit Price
i 0.•
#1-1 Bonding and Insuran 1 Lump Sum 1000
#1-2 Roof Replacement (f 1 LS 45000
#1-3 Roof Decking (unit a 5 EA 40
A<.,) tD
BANK
Branch #: 161
Remitter: Terra Firma Restorations
Pay Two Thousand Two Hundred Fifty Dollars and 00/100
To City of Fayetteville, AR
The
Order
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Memo:
CUSTOMER COPY
No: 1610006735
DATE: 0812512020
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Branch #: 161 BANK DATE: 08/25/2020 81-87/829 y
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Remitter: Terra Firma Restorations
2,250.00
Pay Two Thousand Two Hundred Fifty Dollars and 00/100 ********* $
The City of Fayetteville, AR CAS 'S ECK
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Memo:
1l•1610006?35ll' 1:0829008?21: 1001045911•
DATE
08
/25/2020
Cashier's Check
Check #: 1610006735
Remitter: Terra Firma Restorations
Payee: City of Fayetteville, AR
Amount: $2,250.00
Fee: $0.00
DESCRIPTION
Total:
AMOUNT
$2,250.00
Scanned with CamScanner
8/25/2020
Back to Project
Proposal Data
Bid 20-69, Construction - Head Start Roof Replacement - Proposal Data
Supplier
T.F. Thompson Roofing
Scorecard Open...
Show/Hide —4 Search
Arkansas AR Secretary of
5. Pursuant Arkansas Code Annotated §25-1-503, the G
Contractor's State Filing #
currently boycott Israel and will not boycott Israel Burin
License # or Date
while in contract, with any public entity as defined in §2
of Application
contractor decides to boycott Israel, the contractor mw
0286900320 811000660
Yes
Q Help
https://fayetteville-ar.bonfirehub.com/projects/29745/proposal Data 1 /1
Contract for Bid 20-69
Appendix C
Recommendation for Award
CITY OF
FAYETTEVILLE
ARKANIKAS
Bid Tabulation
Bid 20-69, Construction - Head Start Roof Replacement
T.F. Thompson Roofing
Total Cost
$ 46,200.0
Unit
Quantity
of
#
Items
Required
Measure
UnitPrice
TotalCost
#1-1
Bonding and Insurance
1
Lump Sum
$1,000.00
$1,000.00
Roof Replacement (Purchase and delivery of
materials, tear off and disposal of old roof, and
#1-2
installation of new roof and gutters)
1
LS
$45,000.00
$45,000.00
Roof Decking (unit cost to replace 4'x'8' decking,
#1-3
las needed) None Expected
151
EA
11$40
$200
CITr Or
4,M FAYETTEVILLE
ANKAN "
Bid 20-69, Construction - - Bid 20-69,
Construction - Head Start Roof Replacement
Project Overview
Project Details
Reference ID Bid 20-69, Construction -
Project Name Bid 20-69, Construction - Head Start Roof Replacement
Project Owner Andrea Foren
Project Type ITB
Department Purchasing
Budget $56,250.00
Project Description Bid 20-69, Construction - Head Start Roof Replacement
Open Date Aug 02, 2020 12:00 AM CDT
Close Date Aug 25, 2020 2:00 PM CDT
Highest Scoring Supplier Score
T.F. Thompson Roofing 100 pts
10 errr OF
PATlTTEVILLE
ANKAN "
Seal status
Requested Information
Bid 20-69, Bid Form (BT-59BQ)
City's Required Forms
Bid Bond
Arkansas Contractor's License
# or Date of Application
AR Secretary of State Filing #
5. Pursuant Arkansas Code
Annotated §25-1-503, the
Contractor agrees and certifies
that they do not currently
boycott Israel and will not
boycott Israel during any time in
which they are entering into, or
while in contract, with any public
entity as defined in §25-1-503.
If at any time during contract the
contractor decides to boycott
Israel, the contractor must notify
the contracted public entity in
writing.
Conflict of Interest
Unsealed on
Aug 25, 2020 2:01 PM CDT
Aug 25, 2020 2:01 PM CDT
Aug 25, 2020 2:01 PM CDT
Aug 25, 2020 2:01 PM CDT
Aug 25, 2020 2:01 PM CDT
Aug 25, 2020 2:01 PM CDT
Unsealed by
Les McGaugh
Les McGaugh
Les McGaugh
Les McGaugh
Les McGaugh
Les McGaugh
# Declaration of Conflict of Interest You have been chosen as a Committee member for this
Evaluation. Please read the following information on conflict of interest to see if you have any
problem or potential problem in serving on this committee. ## Code of Conduct All information
related to submissions received from Suppliers or Service Providers must be kept confidential by
Committee members. ## Conflict of Interest No member of a Committee shall participate in the
evaluation if that Committee member or any member of his or her immediate family: * has direct or
indirect financial interest in the award of the contract to any proponent; * is currently employed by,
or is a consultant to or under contract to a proponent; * is negotiating or has an arrangement
concerning future employment or contracting with any proponent; or, * has an ownership interest in,
10 errr OF
PATlTTETILLE
AEKAN "
or is an officer or director of, any proponent. Please sign below acknowledging that you have
received and read this information. If you have a conflict or potential conflict, please indicate your
conflict on this acknowledgment form with information regarding the conflict. I have read and
understood the provisions related to the conflict of interest when serving on the Evaluation
Committee. If any such conflict of interest arises during the Committee's review of this project, I will
immediately report it to the Purchasing Director.
Name Date Signed Has a Conflict of Interest?
Les McGaugh Aug 25, 2020 2:02 PM CDT No
CITr Or
4,M FAYETTEVILLE
ANKAN "
Public Notices
Reminder: Deadline today at 2:00 PM CDT for Head Start Roof Replacement
Les McGaugh, Aug 25, 2020 12:04 PM CDT
Reminder: Deadline today at 2:00 PM CDT for Head Start Roof Replacement
CITY OF
FAYETTEVILLE
SARKwwews
Submissions
Supplier
T.F. Thompson Roofing
Date Submitted
Aug 25, 2020 1:43 PM
CDT
Name Email
Tyler Kerley tyler.kerley@tfthompson.com
Confirmation Code
OTYONzM=
CITY OF
FAYETTEVILL■
ARKAwsws
Scoring Summary
Active Submissions
Total ' Total Base Bid Price IWithin Certified Funds
Supplier I / 100 pts i / 100 pts I Pass/Fail
T.F. Thompson Roofing 1100 pts 100 pts ($46,200.00) Pass
CITY or
A AKAMA 1►ILLE
/►AKwwiwY
Signatures
Name Signatures
Andrea Foren Andrea Digitally signed by
Andrea Foren
(Project Owner) Foren Date: 2020.10.01
13:09:00-05'00'
Les McGaugh
Les p /' �"` a u h Digitally signed by Les McGaugh
(Evaluator) � �/ G g Date: 2020.08.26 16:12:43-05'00'
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2020-0814
Agenda Date: 10/20/2020 Version: 1 Status: Agenda Ready
In Control: City Council Meetinq File Type: Resolution
Agenda Number: A.13
AMEND THE 2019 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ACTION PLAN:
A RESOLUTION TO AMEND THE 2019 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
ACTION PLAN TO REFLECT CARES ACT SUPPLEMENTAL FUNDING IN THE AMOUNT OF
$556,197.00, TO AUTHORIZE MAYOR JORDAN TO EXECUTE THE AMENDMENT WHEN
RECEIVED, AND TO APPROVE A BUDGET ADJUSTMENT
WHEREAS, on July 16, 2019 the City Council passed Resolution 163-19 approving the 2019 Community
Development Block Grant (CDBG) Action Plan; and
WHEREAS, the Coronavirus Aid, Relief, and Economic Security (CARES) Act, which was signed into law
on March 27, 2020, authorized supplemental funding for CDBG programs across the nation and the City of
Fayetteville anticipates receiving supplemental funds to be used in our community in the amount of
$556,197.00.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to
execute an amendment to the 2019 Community Development Block Grant Action Plan for the distribution of
CARES Act funding in the amount of $556,197.00 when received, and further authorizes Mayor Jordan to
execute any other documents necessary for the distribution of CARES Act funding.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a
copy of which is attached to this Resolution.
City of Fayetteville, Arkansas Page 1 Printed on 1011512020
Yolanda Fields
Submitted By
City of Fayetteville Staff Review Form
2020-0814
Legistar File ID
10/20/2020
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
10/20/2020 COMMUNITY RESOURCES (642)
Submitted Date Division / Department
Action Recommendation:
Staff recommends approval of an amendment to the GY2019 Community Development Block Grant (CDBG) Action
Plan to reflect CARES Act supplemental CDBG funding (CDBG-CV3 third round) and approval of authority for the
Mayor to execute the Amendment upon receipt and for all transactions related to distribution of the additional
funds. Staff also recommends approval of a budget adjustment recognizing CARES Act supplemental CDBG funding.
Budget Impact:
2180.642.4940-5390.71
2180 - CDBG
Account Number Fund
NA NA
Project Number
Budgeted Item? NA
Does item have a cost? No
Budget Adjustment Attached? Yes
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$ 574,197.00
$ 574,197.00
V20180321
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number:
Original Contract Number:
Comments:
Approval Date:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF OCTOBER 20, 2020.
TO: Mayor and City Council
CITY COUNCIL MEMO
THRU: Susan Norton, Chief of Staff
FROM: Yolanda Fields, Community Resources Dire 1k
DATE: September 30, 2020
SUBJECT: Approval of Amendment to the CDBG GY 2019 Action Plan and Authority
for Mayor to Execute Agreement.
RECOMMENDATION:
Staff recommends approval of an amendment to the GY2019 Community Development Block
Grant (CDBG) Action Plan to reflect CARES Act supplemental CDBG funding (CDBG-CV3 third
round) and approval of authority for the Mayor to execute the Amendment upon receipt and for
all transactions related to distribution of the additional funds. Staff also recommends approval
of a budget adjustment recognizing CARES Act supplemental CDBG funding.
BACKGROUND:
Fayetteville has been a CDBG Entitlement City for more than 40 years. The CARES Act
includes third round supplemental CDBG funding which requires an amendment to the GY 2019
Action Plan.
DISCUSSION:
The City of Fayetteville CARES Act supplemental CDBG funding award is $556,197. Round
three CDBG-CV3 allocations focused funding towards places with households facing higher
risks of eviction. CDBG-CV3 funding will provide temporary rent, mortgage, and utility
assistance to households affected by COVID-19. The Amendment will also reallocate $18,000
of round one funding to rent and utility assistance
Approval of the Mayor's authority to execute the Amendment upon receipt will expedite the
release of funds.
BUDGET/STAFF IMPACT:
CARES Act Supplemental CDBG-CV Round Three funding - $556,197
Reallocation of CDBG-CV Round One funding - $18,000
Attachments:
Budget Adjustment
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar)
Budget Year Division Adjustment Number
/Org2 COMMUNITY RESOURCES (642)
2020
Requestor: Yolanda Fields
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
Staff recommends approval of an amendment to the GY2019 Community Development Block Grant (CDBG) Action Plan
to reflect CARES Act supplemental CDBG funding (CDBG-CV3 third round) and approval of authority for the Mayor to
execute the Amendment upon receipt and for all transactions related to distribution of the additional funds. Staff also
recommends approval of a budget adjustment recognizing CARES Act supplemental CDBG funding.
COUNCIL DATE:
LEGISTAR FILE ID#:
10/20/2020
2020-0814
Rally 3lac-
9/3O/2020 3:45 PM
Budget Director Date
TYPE:
JOURNAL #:
GLDATE:
RESOLUTION/ORDINANCE
I CHKD/POSTED:
TOTAL
556,197 556,197
v.20200820
Increase / (Decrease)
Proiect.Sub#
Account Number
Expense Revenue
Project Sub.Detl AT
Account Name
2180.642.4970-5390.09
(18,000) -
62001 EX
CDBG Projects - Boys and Girls Club
2180.642.4930-4320.00
- 556,197
RE
Grant Funding CDBG
2180.642.4940-5390.71
574,197 -
EX
CDBG Projects - CDBG-CV Housing Project
H:\Budget Adjustments\2020_Budget\City Council\10-20-2020\2020-0814 BA CDBG CARES Act - rd 3 1 of 1
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2020-0832
Agenda Date: 10/20/2020 Version: 1 Status: Agenda Ready
In Control: City Council Meetinq File Type: Resolution
Agenda Number: A.14
BOSTON MOUNTAIN SOLID WASTE DISTRICT:
A RESOLUTION TO APPROVE A CONTRACT WITH THE BOSTON MOUNTAIN SOLID WASTE
DISTRICT FOR ENVIRONMENTAL EDUCATION AND OUTREACH SERVICES IN THE AMOUNT
OF $60,935.00 FOR YEARS 1 AND 2 AND $25,000.00 FOR YEARS 3 THROUGH 5
WHEREAS, the City has contracted with the Boston Mountain Solid Waste District for several years to
partially fund a Recycling Educator position that provides the community with waste reduction, recycling, and
compost information to improve the public's knowledge and participation in the City's waste diversion efforts;
and
WHEREAS, in September of 2020 the City was awarded a U.S. Department of Agriculture Community
Compost and Food Waste Reduction Program that will fully fund the educator position for a period of two
years.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign a
Contract for Environmental Education and Outreach Services with the Boston Mountain Solid Waste District, a
copy of which is attached to this Resolution, in the amount of $60,935.00 for years 1 and 2 and $25,000.00
for years 3 though 5, for the provision of an environmental and recycling education program for the citizens of
Fayetteville.
City of Fayetteville, Arkansas Page 1 Printed on 1011512020
Leif Olson
Submitted By
City of Fayetteville Staff Review Form
2020-0832
Legistar File ID
10/20/2020
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
10/1/2020 SUSTAINABILITY/RESILIENCE (631)
Submitted Date Division / Department
Action Recommendation:
Approval of an resolution authorizing a Contract for Service with the Boston Mountain Solid Waste District for
a recycling education position utilized in the Recycling and Trash Division.
Budget Impact:
5500.750.5060-5342.00
Recycling
&Trash Collections
5500.750.5080-5342.00
Account Number
Fund
USDA Community Compost & Food Waste
32009
Reduction Grant
Project Number
Project Title
Budgeted Item? Yes
Current Budget
$ 121,370.00
Funds Obligated
$ -
Current Balance
I $ 121,370.00
Does item have a cost? Yes
Item Cost
$ 60,935.00
Budget Adjustment Attached? NA
Budget Adjustment
Remaining Budget
60,435.00
V20180321
Purchase Order Number: Previous Ordinance or Resolution # Res 235-20, Ord 5628
Change Order Number: Approval Date:
Original Contract Number:
Comments:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF OCTOBER 20, 2020
TO: Mayor and City Council
CITY COUNCIL MEMO
THRU: Susan Norton, Chief of Staff
Jeff Coles, Recycling and Trash Collection Director
Peter Nierengarten, Environmental Director
Brian Pugh, Waste Education Coordinator
Shannon Newman, RTC Financial Analyst
FROM: Leif Olson, Sustainability Planner
DATE: October 1, 2020
SUBJECT: Resolution authorizing a Contract for Service with the Boston Mountain
Solid Waste District for an education position utilized in the Recycling and
Trash Division.
RECOMMENDATION:
Recycling and Trash Division staff recommends approval of an resolution authorizing a
Contract for Service with the Boston Mountain Solid Waste District (BMSWD) for an
education position in the Recycling and Trash Division.
BACKGROUND:
The City has had an ongoing contract with the BMSWD for several years to partially fund a
Recycling Educator position that provides the community with waste reduction, recycling, and
compost information to improve the public's knowledge and participation in the City's waste
diversion efforts.
DISCUSSION:
In September of 2020 the City was awarded a U.S. Department of Agriculture Community
Compost and Food Waste Reduction Program grant in the amount of $73,870.00 that was
accepted by the City Council with Resolution No. 235-20. This contract with Boston Mountain
Solid Waste District is acknowledging the acceptance of these funds and expanding the current
part-time educator position to a full -rime educator position for a period of two years. The
contract is set up to renew automatically on an annual basis for up to four additional one-year
terms with a clause allowing either party to not renew within at least sixty days before the end of
the annual term.
BUDGET/STAFF IMPACT:
The City shall pay $60,935 each for years 1 and 2 of this contract, and $25,000 each for years
3-5 of the contract. For years 1 and 2, $25,000 will be paid from budgeted funds in the
Recycling and Trash Division's operating budget. The remaining $35,935 will be paid from the
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
U.S. Department of Agriculture Community Compost and Food Waste Reduction Program
grant. Years 3-5 will be paid from the Recycling and Trash Division's operating budget.
Attachments:
Contract with Boston Mountain Solid Waste District to fund a Recycling Educator Position
Appendix A — Scope of Services
Previous Contract with Boston Mountain Solid Waste District for Recycling Educator Position
CONTRACT FOR ENVIRONMENTAL
EDUCATION AND OUTREACH SERVICES
On this day of , 2020, Boston Mountain Regional Solid
Waste Management District ( "District") and the City of Fayetteville, Arkansas ("City") agree to
enter into the following contract to provide environmental education and outreach services in the
City of Fayetteville.
WHEREAS, the District has the resources available to provide public education and
community outreach relating to solid waste management and waste minimization education in
Fayetteville; and
WHEREAS, the District has provided exceptional environmental education and outreach
services to the residents of the City of Fayetteville for many years and both the City and the
District wish to extend this agreement for an additional five years contingent upon annual budget
approval; and
WHEREAS, the City has received a grant from the United States Department of
Agriculture that the City and the District agree should be used to convert a part-time educator
position to a full-time educator position for a period of two years.
IT IS, THEREFORE, agreed by the Boston Mountain Regional Solid Waste
Management District and the City of Fayetteville, Arkansas, as follows:
1. Term.
This contract shall begin on November 1, 2020 and shall end on October 31, 2021. The contract
shall renew automatically on an annual basis for up to four (4) additional one year terms unless
either party provides written notice to the other party of its intention not to renew this agreement
at least sixty (60) days before the end of the annual term.
2. Scope of Services and Schedule of Deliverables.
The District shall provide the services set forth in Appendix A for Years 1 and 2 of this contract.
The scope of services for Years 3-5 shall be determined by written agreement of the City and
District at least sixty (60) days prior to the end of Year 2.
3. Consideration
The City shall pay the sum of $60,935.00 each year for Years 1 and 2 of the contract as
consideration for the District's provision of services set forth in Appendix A. Thereafter, the City
shall pay the sum of $25,000.00 for years 3-5 of the contract as consideration for the District's
provision of services set forth in the scope of services to be established prior to the end of Year
2.
All provisions of this agreement are contingent on annual budget authority granted by the City
Council of the City of Fayetteville, Arkansas.
4. Amendments
Changes, modifications or amendments to the scope, price or fees dictated by this Contract shall
not be allowed without a written Contract amendment approved by the City and the District in
advance of the change.
IN WITNESS WHEREOF, the parties hereto have caused their signatures to be set by
their authorized representative effective the date set forth hereinabove.
CITY OF FAYETTEVILLE,
ARKANSAS
M.
LIONELD JORDAN, Mayor
ATTEST:
KARA PAXTON, City Clerk
BOSTON MOUNTAIN REGIONAL SOLID
WASTE MANAGEMENT DISTRICT
By:
NAME, Title
WITNESS:
By:
APPENDIX A
Educational Material Development - General Public
Provide waste reduction/recycling/composting/solid waste information to improve public's knowledge
and participation in programs.
Deliverable:
A. Assist with development of citywide mailout to update on Diversion goal progress including capture
rates and other information.
B. Assist with development of Green City Program by developing how to reduce waste and recycle
guides for each City Division and post to C.O.F.I site.
C. Assist with a toolkit for recycling program development that would complement recycling staff's
efforts. It should include step-by-step instructions for setting up a recycling program as well as
waste audit instructions, a list of recyclables to target, information on how to request collection
service and sample Education and Outreach materials.
D. Assist with development of Art Mural/community education/kiosk and signage at the 15t" Recycling
Drop Off Center at S. Happy Hollow.
E. Maintain monthly Environmental Education News & Resources E- Newsletter.
F. Assist with developing a Digital Marketing Campaign targeting education to residents using social
media platforms and digital marketing technologies.
Public Outreach - General Public, Chamber of Commerce, Library, Civic
Groups
Create PowerPoint presentations, press releases, PSA's, and events to improve visibility of organization
and provide venue for dialogue with citizens.
Deliverable:
A. Assist with implementing one door-to-door education campaign in a neighborhood to be
designated by staff to educate residents on the recycling program.
B. Assist with public events including presentations at the Library, especially on Composting with the
new kitchen facilities at the library, highlighting recycling and solid waste information.
C. Present solid waste programs to civic groups and/or the Chamber of Commerce members during
lunch events.
D. Assist with implementation of a Recycling Ambassador program that could possibly provide grants
to community groups in exchange for documented volunteer hours to help with outreach such as
the Door to Door campaigns in underperforming neighborhoods; Apartment Recycling Education
distributed to participating complexes; and other recycling outreach efforts. Training certification
should be a part of the program before volunteering at events.
E. Table and present at public events throughout Fayetteville (Botanical Gardens of the Ozarks,
Community Development Block Grant event, etc.)
Youth Public Education — Private and Public Schools
Provide interactive education programs to the Private and Public schools in Fayetteville.
Deliverable:
A. Give presentations as needed to the Green Teams at different schools.
B. Attend and present if necessary at the End of Year Green Team Celebration for Fayetteville
Schools.
C. Conduct waste audits with Fayetteville Area schools.
D. Coordinate with private and public schools to give presentations to students.
E. Present education programs to preschool kids.
F. Conduct waste tours and professional tours with school groups as needed.
G. Collaborate with High School Cheer team for recycling education routine for athletic events.
Adult Education - Educators
Assist Fayetteville Environmental Educator with facilitating teacher workshops and other professional
development opportunities. Workshops will focus on solid waste, waste diversion, and natural resource
conservation.
Deliverable:
A. Develop educational booth and materials for Convocation at the beginning of the school year for
Fayetteville Public Schools.
B. Assist with development of teacher / school administrators waste reduction and recycling guide,
including videos on composting for all public schools.
Technical Recycling Assistance — Businesses, Schools, Chamber of
Commerce
Initiate, maintain and expand recycling programs within schools and other organizations to increase
waste diversion.
Deliverable:
A. Assist with contacting and educating businesses about the commercial glass program and other
recycling initiatives.
B. Present if needed to the Chamber of Commerce Greenway Initiatives program to describe
services available to businesses.
C. Provide training to apartment owners/managers and residents on services available to them and
assist in implementing indoor recycling container distribution with 2013 ADEQ grant.
D. Conduct business waste audit as needed to interested business.
Community Involvement/Partnerships - Non -profits, Government
Agencies, Professional and School groups
Increase collaboration between stakeholders and citizens, share resources, and create new programs.
Deliverable:
A. Assist with events such as Earth Day in April, Compost Awareness Day in May, National Reuse
Day in October, America Recycles Day in November, and watershed clean ups through -out the
year.
B. Collaborate with the Mt. Kessler Outdoor Education program.
C. Mobile Food Waste Collection and Compost Education Program (USDA Grant)
Support education about food waste composting as part of USDA Community Compost and Food Waste
Reduction Grant.
Deliverable:
A. Compost educator in -kind grant match of $21,870 per year for two years
B. Compost educator to staff mobile food waste collection trailer and various Fayetteville events.
C. Increase the amount of organic food waste collected from both commercial and residential
sectors to move the needle on our Diversion from landfill goal.
D. Increase knowledge about how compost can be useful in landscapes and gardens through
education and outreach to City of Fayetteville residents.
Special Projects - Varies
Participate in various events and programs related to environmental education.
Deliverable:
A. Help update the Adopt -a -street database for use with the Keep Fayetteville Beautiful affiliate.
B. Assist with campaign to retailers conducting plastic bag recycling awareness campaign and use
of reusable shopping bags as best option to customers.
C. Help prepare recycling award applications for SWANA, the Arkansas Recycling Coalition and the
Keep America Beautiful awards programs.
ORDINANCE NO.5628
AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL
COMPETITIVE BIDDING AND APPROVING A CONTRACT WITH THE
BOSTON MOUNTAIN SOLID WASTE DISTRICT IN THE AMOUNT OF
$25,000.00 FOR AN ENVIRONMENTAL AND RECYCLING EDUCATION
PROGRAM
WHEREAS, the Boston Mountain Solid Waste District is willing to cost -share a
position, to be employed by the District, to provide environmental and recycling education; and
WHEREAS, the Boston Mountain Solid Waste District already has an agreement in
place with Madison County to supply an education program and cost -sharing this position with
the District would be the most cost-effective way to provide this educational program,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines
an exceptional situation exists in which competitive bidding is deemed not feasible or practical
and therefore waives the requirements of formal competitive bidding and approves a Contract
(marked as Exhibit "A" attached hereto and made a part hereof) between the City of Fayetteville,
Arkansas and the Boston Mountain Solid Waste District in the amount of $25,000.00 for the
provision of an environmental and recycling education program for the citizens of Fayetteville.
PASSED and APPROVED this 5ch day of November, 2013.
APPROVED:
ATTEST:
By:
Aaa4-0, 47 Anu&
SONDRA E. SMITH, City QlWTfFpgsurer
FAYMMI f F
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
October 15th, 2013
City Council Meeting Date
Agenda Items Only
Brian Pugh Solid Waste and Recycling Transportation Services
Submitted By Division Department
Action Required,
Ordinance waiving the requirements of formal competitive bidding and authorizing a Contract for Service with Boston
Mountain Solid Waste District for an education position utilized in the Solid Waste and Recycling Division.
5 25, 000.00
Cost of this request
5500.5000 5315.00
Account Number
Project Number
Budgeted Item �x
739, 593.00
Category / Project Budget
444, 390.10
Funds Used to Date
$ 295,202.90
Remaining Balance
Budget Adjustment Attached
-Z?
Depart t&fector Date
ity Attorney Date
Finance and Internal Services Director
Comments:
IL° -Zu, j
Date
Date
ate
Services & Charges
Program Category / Project Name
SW Operations & Administration
Program / Project Category Name
Solid Waste and Recycling
Fund Name
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Received in Co
Clerk's Office
ENT�
Received in
'r
Mayor's Office
1, ardmWS 1 T+ . b :- ��� ��l��l �?jR C� 15, 2009
Z•
ayj Vl C
RKANSAS�
To: Fayetteville City Council
Thru: Mayor Lioneld Jordan
Don Marr, Chief of Staff
Terry Gulley, Transportation Director
From: Brian Pugh, Waste Reduction Coordinator
Date: September 27, 2013
CITY COUNCIL AGENDA MEMO
MEETING DATE OF OCTOBER ls'
THE CITY OF FAYETTEVILLE, ARKANSAS
Subject: Ordinance waiving the requirements of formal competitive bidding and authorizing a Contract for Service with
the Boston Mountain Solid Waste District for an education position utilized in the Solid Waste and Recycling
Division.
RECOMMENDATION
Fayetteville City Administration recommends authorizing a ordinance waiving the requirements of formal competitive
bidding and authorizing a Contract for Service with the Boston Mountain Solid Waste District for an education position
utilized in the Solid Waste and Recycling Division.
BACKGROUND
The Solid Waste & Recycling Division utilized two Energy Corp members from November 2012 to September 2013 for
education related activities. The two positions were split with one full time and one part time position working on the
recycling marketing and education programs. To date these positions have helped with these programs by reaching
approximately 1,800 people with presentations ranging from solid waste and recycling tours, waste free lunches, recycling
basics, composting techniques and how recycling can help with energy savings. These positions have been vital working
in house on researching other programs, website maintenance and brochure and sign development and also crucial in
conducting outreach to businesses and non -profits. These positions conducted much of the door to door education in
rolling out the commercial glass program and cigarette litter prevention plan on Dickson St.
DISCUSSION
The Energy Corp program is no longer being funded through the Federal Government so there will be no positions in the
2013-2014 period in which to apply for help with the recycling education efforts. The Boston Mountain Solid Waste
District has an agreement in place with Madison County to supply an education position for their programs. In addition,
Boston Mountain is hiring for a position that would work 20 hours a week for Washington County and 20 hours a week
for the City of Fayetteville conducting education for the recycling programs.
The employee hired for the new education position would be employed through the Boston Mountain Solid Waste District
and the District would handle all personnel issues and benefit packages. The cost for the City would be $25,000 per year
and would come from education budget funds already approved for 2013 and 2014.
BUDGET IMPACT
The agreement is for $25,000 and will be paid for from the Solid Waste and Recycling Budget — Promotional Activities
5500.5060.5342.00. In 2013 the cost will be pro -rated for the last remaining quarter in 2013. There is sufficient funding
in the operating budget for this position.
Boston Mountain Interlocal Agreement CC Agenda Memo Oct 1
ORDINANCE NO.
AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL
COMPETITIVE BIDDING AND APPROVING A CONTRACT WITH THE
BOSTON MOUNTAIN SOLID WASTE DISTRICT IN THE AMOUNT OF
$25,000.00 FOR AN ENVIRONMENTAL AND RECYCLING EDUCATION
PROGRAM
WHEREAS, the Boston Mountain Solid Waste District is willing to cost -share a
position, to be employed by the District, to provide environmental and recycling education; and
WHEREAS, the Boston Mountain Solid Waste District already has an agreement in
place with Madison County to supply an education program and cost -sharing this position with
the District would be the most cost-effective way to provide this educational program,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines
an exceptional situation exists in which competitive bidding is deemed not feasible or practical
and therefore waives the requirements of formal competitive bidding and approves a Contract
(marked as Exhibit "A" attached hereto and made a part hereof) between the City of Fayetteville,
Arkansas and the Boston Mountain Solid Waste District in the amount of $25,000.00 for the
provision of an environmental and recycling education program for the citizens of Fayetteville.
PASSED and APPROVED this 15th day of October, 2013.
By:
LIONELD JORDAN, Mayor
ATTEST:
IN
SONDRA E. SMITH, City Clerk/Treasurer
CONTRACT FOR SERVICE
The Boston Mountain Regional Solid Waste Management District (District) and the City of Fayetteville,
Arkansas agree to enter into the following agreement to provide environmental education and outreach
in the City of Fayetteville.
Environmental Education is to be provided by the District. The District has the resources available to
provide public education and community outreach relating to solid waste management and waste
minimization education in Fayetteville.
It is agreed by the District and the City of Fayetteville as follows:
The District shall:
1. Provide waste reduction and waste minimization education to citizens of the City of Fayetteville.
2. Prepare and present education programs to Fayetteville's citizens on services and programs
available to them related to solid waste management, including recycling.
3. Provide an environmental educator that will perform at least 1,040 hours per year on
environmental education for the City. For any partial year performance, the District shall
provide a prorated number of hours per year at a rate of 86.67 hours per month.
4. The environmental educator will be an employee of Boston Mountain Solid Waste District. The
District agrees to indemnify and hold harmless, to the extent such is not in conflict with
immunities provided for by state law, the City of Fayetteville and all of its officers and officials
from any claims, of whatever nature, relating to the employment of the environmental
educator.
5. Provide a quarterly report to the City of outreach programs and services performed. Said report
shall be provided by the 15th day of each month succeeding each quarter. The report shall
include detailed statistics regarding the number of Fayetteville citizens served by the education
services provided by the District pursuant to this agreement, and the nature and content of
educational services provided.
The City of Fayetteville shall:
1. Pay for this service the sum of $25,000 per calendar year. A pro -rated sum shall be paid for any
partial year performance for the calendar year of the execution of this agreement (2013).
Scope of Work:
Educational Material Development - General Public
Provide recycling/composting/solid waste information to improve public's knowledge and
participation in programs.
Deliverable:
[EXHIBIT
A. Create program brochures for residential recycling, commercial recycling, apartment
recycling, drop-off centers recycling, and composting to correlate with the "Recycle Something"
campaign.
Website updates, as needed, to both accessfayetteville.org and the
RecyclingSomething.org webpage content with the direction of the City's I.T. department.
C. Development of Interactive displays at the new Marion Orton Recycling Center Drop off
on North Street.
Public Outreach - General Public, Chamber of Commerce, Library, Civic Groups
Create PowerPoint presentations, press releases, PSA's, and events to improve visibility of
organization and provide venue for dialogue with citizens.
Deliverable:
A. Develop, plan and implement a "Project Driveway" event similar to one held in Seattle
Washington to highlight the City's Pay -As -You -Throw residential waste program.
B. Develop, plan and implement one door-to-door education campaign in a neighborhood
to be designated by staff to educate residents on the recycling program.
C. Create one public event at the Library highlighting recycling and solid waste information.
D. Develop, plan and present at least 5 recycling and solid waste programs to civic groups
and/or the Chamber of Commerce members during lunch events.
E. Collaborate with the Washington County Cooperative Extension Service to provide
education on proper Household Hazardous Waste disposal options.
Youth Public Education — Private and Public Schools
Provide interactive education programs to the Private and Public schools in Fayetteville.
Deliverable:
A. Attend Green Team meetings and work to give presentations to the Green Teams at
different schools.
B. Develop educational booth and attend the End of Year Green Team Celebration and
Teacher Fair at the beginning of the school year for Fayetteville Public Schools.
C. Conduct one waste audit with one public school.
D. Contact private schools to give presentations to students.
Adult Education - Educators
Assist Washington County Environmental Educator with facilitating teacher workshops and
other professional development opportunities. Workshops will focus on solid waste, waste
diversion, and natural resource conservation.
Deliverable:
A. Assist with four PLT Teacher workshops and AEEA Expo
Technical Recycling Assistance — Businesses, Schools, Chamber of Commerce
Initiate, maintain and expand recycling programs within schools and other organizations to
increase waste diversion.
Deliverable:
A. Contact and educate businesses on Dickson Street about the commercial glass program,
cigarette litter abatement program and other recycling initiatives.
B. Develop and present to the Chamber of Commerce Greenway Initiatives program to
describe services available to them.
C. Work with teacher leaders at schools on how to participate in recycling services.
D. Contact and educate apartment owners/managers and residents on services available to
them and assist in implementing indoor recycling container distribution with 2013 ADEQ grant.
Community involvement/Partnerships - Non -profits, Government Agencies, Professional and
School groups
Increase collaboration between stakeholders and citizens, share resources, and create new
programs.
Deliverable:
A. Collaborate with non -profits and other agencies on events based around Earth Day in
April, America Recycles Day in November, and watershed clean ups through -out the year.
Special Projects - Varies
Participate in various events and programs related to environmental education.
Deliverable:
A. Expand the Second Chance School Supplies program to additional schools, recruit
volunteers for the spring E-waste Roundup. This contract shall renew automatically on an annual
basis unless by December 15t, either party provides written notice to the other of its intention
not to renew this agreement.
All provisions of this agreement are contingent on annual budget authority granted by the City Council
of the City of Fayetteville, Arkansas.
Signatures:
BOSTON MOUNTAIN REGIONAL SOLID WASTE
MANAGEMENT DISTRICT
HONORABLE FRANK WEAVER
BOARD CHAIRMAN
DATE
CITY OF FAYETTEVILLE, ARKANSAS
MAYOR DONELD JORDAN
DATE
EXHIBIT a 11.0
CONTRACT FOR SERVICE
The Boston Mountain Regional Solid Waste Management District (District) and the City of Fayetteville, Arkansas agree to
enter into the following agreement to provide environmental education and outreach in the City of Fayetteville.
Environmental Education is to be provided by the District. The District has the re7eminimization
ces available to provide public
education and community outreach relating to solid waste management and wa: education in
Fayetteville.
It is agreed by the District and the City of Fayetteville as follows:
The District shall:
1. Provide waste reduction and w to minimization education .to citizens of the City of Fayetteville.
2. Prepare and present education p grams to Fayetteville's citizens on services and programs available to them
related to solid waste management, including recycling
3. Provide an environmental educator t6t will perform t least 1,040 hours per year on environmental education
for the City. For any partial year perfor?nance, the istrict shall provide a prorated number of hours per year at
a rate of 86.67 hours per month. `\
4. The environmental educator will be an eml:
indemnify and hold harmless, to the extent
City of Fayetteville and all of its officers an
employment of the environmental educa
5. Provide an annual report to the City of utr
of Boston Mountain Solid Waste District. The District agrees to
is not in conflict with immunities provided for by state law, the
GIs from any claims, of whatever nature, relating to the
provided by January 31 of the year foy'the prior year.
rns and services performed. Said report shall be
T'P a report shall include detailed statistics regarding the
number of Fayetteville citizens served by the education s vices provided by the District pursuant to this
agreement, and the nature and c tent of educational serve es provided.
The City of Fayetteville shall:
I
1. Pay for this service the sum,6f $25,000 per calendar year. A pro-ra d sum shall be paid for any partial year
performance for the caler dar year of the execution of this agreemen (2013).
This contract shall re/autotically on an annual basis unless by December 1 ` either party provides written notice
to the other of its into renew this agreement.
All provisions of this re contingent on annual budget authority granted bythe City Council of the City of
Fayetteville, Arkansa
Signatures:
11.0
BOSTON MOUNTAIN REGIONAL SOLID WASTE CITY OF FAYETTEVILLE, ARKANSAS
MANAGEMENT DISTRICT
l
EXHIBIT A
CONTRACT FOR SERVICE
The Boston Mountain Regional Solid Waste Management District (District) and the City of Fayetteville,
Arkansas agree,4o enter into the following agreement to provide environmental education and outreach
in the City of Fayetteville.
Environmental Education is to be provided by the District. The District has the resZernt
ces available to
provide public education and community outreach relating to solid waste manage and waste
minimization education in Fayetteville.
It is agreed by the District a d the City of Fayetteville as follows:
The District shall:
1. Provide waste reduction and waste minimization educatio o citizens of the City of Fayetteville.
2. Prepare and present education programs to Fayettevillecitizens on services and programs
available to them related to solid waste management, ' cluding recycling.
3. Provide an environmental educator that will perfor at least 1,040 hours per year on
environmental education for the C)ty. For any pa�ial year performance, the District shall
provide a prorated number of hours per year ;e/e
t rate of 86.67 hours per month.
4. The environmental educator will be air erne of Boston Mountain Solid Waste District. The
District agrees to indemnify and hold h
immunities provided for by state law, t
from any claims, of whatever nature, n
educator.
s, to the extent such is not in conflict with
of Fayetteville and all of its officers and officials
to the employment of the environmental
5. Provide an annual report to the Cit of outreacK programs and services performed. Said report
shall be provided by January 31/9f the year forth prior year. The report shall include detailed
statistics regarding the numbe of Fayetteville citiz s served by the education services provided
by the District pursuant to this agreement, and the nature and content of educational services
provided.
The City of Fayetteville shall:
1. Pay for this serviceAhe sum of $25,000 per calendar year. A p ITrated sum shall be paid for any
partial year perfp'rmance for the calendar year of the execution this agreement (2013).
This contract shall renew automatically on an annual basis unless by Decemb r 15L, either party provides
written notice to the other of its intention not to renew this agreement.
All provisions,'of this agreement are contingent on annual budget authority granted�y the City Council
of the City of Fayetteville, Arkansas.
Signatures:
BOSTON MOUNTAIN REGIONAL SOLID WASTE
MANAGEMENT DISTRICT
HONORABLE FRANK WEAVER
BOARD CHAIRMAN
DATE
CITY OF FAYETTEVILLE, ARKANSAS
MAYOR LIONELD JORDAN
DATE
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2020-0806
Agenda Date: 10/20/2020 Version: 1 Status: Agenda Ready
In Control: City Council Meetinq File Type: Resolution
Agenda Number: A.15
2020 JAG LOCAL SOLICITATION AWARD:
A RESOLUTION TO AUTHORIZE ACCEPTANCE OF A 2020 JUSTICE ASSISTANCE GRANT IN
THE TOTAL AMOUNT OF $49,439.00 WHICH WILL BE USED TO PURCHASE LAW
ENFORCEMENT TRAINING AND EQUIPMENT FOR THE FAYETTEVILLE POLICE
DEPARTMENT AND THE WASHINGTON COUNTY SHERIFF'S OFFICE, AND TO APPROVE A
BUDGET ADJUSTMENT
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 acceptance of a 2020
Justice Assistance Grant in the total amount of $49,439.00, of which $35,740.00 will be used by the
Fayetteville Police Department on law enforcement training and equipment, with $13,699.00 to be disbursed to
the Washington County Sheriff's Office to purchase law enforcement equipment, and further authorizes Mayor
Jordan to execute the grant agreement and any other documents necessary to receive the funds.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget
adjustment, a copy of which is attached to this Resolution.
City of Fayetteville, Arkansas Page 1 Printed on 1011512020
City of Fayetteville Staff Review Form
2020-0806
Legistar File ID
10/20/2020
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Mike Reynolds 9/28/2020
Submitted By Submitted Date
Action Recommendation:
POLICE (200)
Division / Department
Approval of the non -matching 2020 Justice Assistance Grant (JAG) Local Solicitation award and budget adjustment
in the amount of $49,439 for the purchase of law enforcement training and equipment.
Budget Impact:
1010.200.2920-various General
Account Number
39022-2020
Project Number
Budgeted Item? No
Fund
Police JAG Local Solicitation 2020
Project Title
- J
Does item have a cost? NA Item Cost
Budget Adjustment Attached? Yes Budget Adjustment $ 49,439.00
Remaining Budget 49.439.00
V20180321 .,
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
Current Budget
Funds Obligated
Current Balance
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF OCTOBER 20, 2020
TO: Mayor and City Council-41
FROM: Mike Reynolds, Chief of Police
DATE: September 25, 2020
CITY COUNCIL MEMO
SUBJECT: 2020 Justice Assistance Grant Local Solicitation Award
RECOMMENDATION:
Staff recommends approval of the non -matching 2020 Justice Assistance Grant (JAG)
Local Solicitation award and budget adjustment in the amount of $49,439 for the purchase of
law enforcement training and equipment.
BACKGROUND:
The U.S. Department of Justice, Office of Justice Programs, Bureau of Justice
Assistance has awarded the 2020 JAG for local agencies. This award of grant funds is based
on population and violent crime rates, and has been proportionately awarded to Fayetteville and
Washington County to share. This grant does not require local matching funds.
DISCUSSION:
The Fayetteville Police Department will be the fiduciary agency for this grant award in
the amount of $49,439. Fayetteville will receive $35,740 to be spent on law enforcement
training and equipment. Also, within this grant award, Washington County will receive $13,699
to purchase law enforcement equipment. Please see attached program narrative and budget
for detailed descriptions.
BUDGET/STAFF IMPACT:
This grant award does not require local matching funds and has no impact on staffing
levels. Approval of this budget adjustment will establish revenue and expense budgets equal to
the grant award.
Attachments:
Budget Adjustment
2020 JAG Local Program Narrative
2020 JAG Local Budget
Award Documents
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Program Narrative
Project objectives are to purchase and/or upgrade needed law enforcement equipment and
obtain certification (see budget detail worksheet) not funded locally due to budget constraints.
Our project timeline is to have fully implemented all grant funded purchases within grant period.
Equipment items identified in this grant application have updated specifications and quotes ready
to issue purchase orders in a timely manner and needed certifications have established course
schedules pending Coronavirus pandemic. These grant funded purchases will meet documented
purchasing policies and procedures of each agency and track grant funding following generally
accepted accounting principles.
The City of Fayetteville has a long history of obtaining, tracking, and reporting on federal
grant funds. To date, no operational or financial discrepancies have been identified. Grant funds
will be drawn down on a reimbursement basis to the City of Fayetteville's Project Accounting
System. This system itemizes each grant transaction and supporting documentation
electronically by project number, and is monitored by our grants administrator and internal
auditor to insure accuracy.
The requested funding for this JAG application focuses on items that have been previously
left out of local funding sources due to our economic constraints. These items include travel for
certifications and policing equipment as detailed below:
Travel:
The Fayetteville Police Department (FPD) will use their 2020 JAG Local Solicitation
funding for certification training. Multiple certification courses include: Crime Prevention
Through Environmental Design (OPTED), National Association of School Resource Officer
(NASRO), Peer -to -Peer Counseling, Special Events Management and Public Safety
Communications Accreditation Program.
CPTED certification is an important component of the FPD's Community Oriented
Policing Division. The CPTED program teaches officers methods of preventing and deterring
crime through the physical layout of buildings and grounds. CPTED tries to influence
offender's potential decisions by the design of the environment. The FPD plans to certify two
(2) officers. The officers can use this training to help local businesses evaluate their property
and suggest changes to make them less likely to encounter criminal activity. This program
directly relates to FPD's mission statement of forming partnerships with businesses and
citizens, so they can learn ways of reducing the opportunities for crime to occur.
NASRO certification of School Resource Officers (SROs) requires the successful
completion of both Basic and Advanced courses. The courses follow the SRO Triad concept
of teacher/counselor/law enforcement officer. These courses build upon each other for
certification of SROs and enhances their ability to deliver high quality police services to the
students and faculty of the Fayetteville Public School District. We have two (2) new SRO
positions needing this certification.
The purpose of the Peer to Peer Support Program is to provide all FPD employees the
opportunity to receive emotional and tangible support through times of personal or professional
crisis and to help anticipate and address potential difficulties. The FPD will continue to pursue
the newest and most innovative knowledge, research, and understanding to ensure the best
possible outcome for employees serving the community of Fayetteville. The FPD plans to
certify four (4) officers in peer -to -peer counseling.
At the special events management training, participants will learn how to conduct
thorough research, how to plan to avoid potential problems, and how to implement security
and traffic plans to ensure a safe and secure event. The primary focus of the course will be on
Festivals, Parades, Carnivals, Marathons, Sporting Events, Concerts, Movie Productions,
Demonstrations, Conventions, Religious, and Commercial Events.
The Public Safety Communications Accreditation Program certified by the Commission
on Accreditation for Law Enforcement Agencies (CALEA) provides a communications
center, or the communications unit of a public safety agency, with a process to systemically
review and internally assess its operations and procedures. This program requires
organizations to collect and analyze important data for making sound operational and
administrative business decisions, creating leadership and practitioner -accountability. In
addition, the focus is on quality assurance, interoperability, emerging technologies, risk
analysis, asset security, resources access, contemporary training, and a range of other
operational functions. The FPD's Central Dispatch Center will use grant funding to meet and
exceed all requirements for CALEA certification.
Equipment:
The FPD will use grant funding to expand and replace traffic control equipment used to
reroute and deter traffic movement during large public gatherings such as festivals, rallies
and/or sporting events. Traffic control equipment to be purchased includes barricades,
gorilla posts and traffic cones.
The FPD currently has ten Cannondale police mountain bicycles. These bicycles are 15
years old. This grant funding will be used to replace a portion of the current fleet of bicycles
with four electric assist bicycles. Electric assist bicycles will allow police officers to cover a
greater patrol area daily. Our bicycles are used to patrol during special events, the city's
vastly expanding trails system, city parks, and other areas where bicycle patrol is more
practical. They would also be used by the department's Community Oriented Policing
Division to work with the homeless population in the hard to reach areas they shelter.
The Washington County Sheriff's Office (WCSO) will use grant funding to purchase
shotgun weapon lights, civil disturbance shields and civil disturbance kits. Shotgun Weapon
Lights will be issued to each member of the Enforcement Division. The purpose is to
increase officer safety in illuminating threats in dark areas. This will increase efficiency and
safety of deputies in low light conditions. Also, WCSO intends to purchase ten civil
disturbance shields and civil disturbance kits to deploy for added tactical defense for use
during civil unrest calls. These shields and kits will provide additional safety to deputies
from blunt force trauma, hard blows and penetrations from sharp objects when used to
approach scenes where there is a higher risk to their personal safety. It also will allow them
to be better prepared to approach and access injured individuals or officers during civil unrest
calls.
Purpose Area p4
Budget Detail - Year T
Foes thfs budget con fain conference Cpsts which & defined brwdfy to iaclude meetings, refreafs, seminors, sympOsm, and training acrivRw4 P- YIN.
G0J Rna nasal Ci u l tie. $4 c l ion 3.i0
A. Penonnel
Name
Position
Computation
IIV ewh name ifkng
t1t1 inch praition, fjknown,
show annual Wory rate& onxwrrt of trc denied to the prwecrfar each nomelpow;an.
TlmeWM"d
per[entageof
Nan-Fademf
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Salbty
Rate
?r,yne alkr ^ —04
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Sa
50
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1 $0
$0
$0
Narrtt im
R. Fringe Benefits
Name
Computation
tilt"Ch Qrent• Supporredpasitiop rerdy(ng fripge benefit►
show the bosm for IPmpurorron.
Base
Rate
Total Cost
Nan -Federal
Federal
Canfrlbution
Request
So
so
Toralls)
s4
$❑
$o
NnrrotltM
C. Traver
Purpose of Travel
Location
Type of Expense
Basis
Computation
Imneate air gwvo * of rode trip
Per day,
0r4?ne of trip (T WRY iMvfcay
MdKnte the tm19!f dEstFnodml.
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mile, rrfp,
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gruvpmrefinGl
Etc.
Cost
4uaniffy
w of
# of
Total Cost
'von -Federal
Federal
Stuff
ffirps
('amrfbudon
Request
(Public Safety Communications
accreditation Program
Accreditation Fee (Fayetteville, AR)
Other
tV/A
$6,550.00
1
1
1
$6,550
$S,550
(;Registration)
Public Safety Communications
On -site Assessment AR
(Fayetteville, )
Other
N A
/
$1,390.00
1
1
1
51�90
$i,370
Accreditation Program
Special Events Management
(Registration)
Houston, TXOther
N/A
$490.00
1
2
1
59an
59a0
Special Events Management
Houston, 7X
Lodging
Night
$135.00
4
1
1
S54❑
$540
Purpose Area #4
fipecial Events Management
Houston, TX
Meals
Day
$60.00
4
2
1
$480
$480
Peer-to,Peer Counselling
Dallas, Tx
Other
N/A
$625.00
1
2
2
$2,SDO
$2,500
{Registration)
Neer -to -Peer Counselling
Dallas, Tx
-Lodging
Night
$131.25
4
2
2
$2,100
$2,100
Peer -to -Peer Counselling
Dallas, TX
Meals
Day
$70.00
5
2
2
$1,400
$1,400
National Association of School
Plano, TX
Other
N/A
/
$395 00
1
2
2
$1,580
$1,560
Resource Officers )Registration)
National Association of School
Plano, T%
Lodging
Night
$130.00
5
1
2
$1,300
51,30 0
Resource Officers
National Association of5chool
Plano, TX
Meals
pay
$56.00
5
2
2
$1,120
$1,120
Resource Officers
Crime Prevention Through
!Environmental Design
Dallas, TX
Other
iN/A
$625.00
1
2
1
$1,250
$1,250
{',Registration)
Crime Prevention Through
Dallas, TX
Lodging
(Night
$131.25
4
2
1
$1,050
$1,050
L-nvironmental Design
I_rime Prevention Through
Dallas, TX
Meals
'Day
$70.00
5
2
1
$700
$2L10
-nvironmental Design
N/A
Sn
So
Torar(s
S22 94L1
So
S22,940
Warrative
The Public Safety Communications Accreditation Program allows our Central Dispatch Center to learn and verify the standards that must be met for Commission on Accreditation
for Law Enforcement Agencies. Estimated training expense includes: Accreditation fee - $6,550 and on -site assessment fee - $1,395. Peer -to -Peer Counselling requires two (2)
officers to attend a certification course in Dallas, TX. Estimated travel expenses include: Registration - $625 per officer; Lodging- One (1) room for four (4) nights at a rate of
$131.25 per night; and Per Diem at $70 per day for two (2) officers for 5 days of travel. The Special Events management Training allows a law enforcment supervisor to attend
training in San Diego, CA. Estimated travel expenses include: Round-trip airfare - $500; Registration - $549; Lodging - 4 nights at $149 per night; and Meals -$71 per day for 4 days.
'The School Resource Officer training expenses will allow two (2) officers to attend a course held in Little Rock, AR. Estimated travel expenses include: Registration - $600 per officer;
Lodging - 1 room at $115.25 per night for 4 nights; and Meals - $59 per day per officer for 5 days.
D. Equlp—al
Item
Computatl0rl
List and describe each item arequipment that will be purchosed
Compute the cost (e.g, the number of each item to bepurchased )( the cost peritem)
N of Items
Unlit Cost
Total Cost
Non -Federal
Federal
Contdbat/on
Request
Electric Assist Bicycles
4
$2,20000
$B,B00
5B,B00
'rraffic Control Equipment
5
$000.00
$4,000
$4,000
Purpose Area #4
Shotgun Weapon Lights
52
$154.51
$8,035
$8,035
Civil Disturbance Shields
10
$170.50
$1,705
$1,705
Civil Disturbance Kits
10
$395.90
$3,959
$3,959
TRtaljsl
$26,4"
$0
$26,499
Narrative
Four (4) electric assist bicycles will be purchased to expand our trails and special events patrol areas at an Individual cost of $2,200 per bicycle. Five (5) jersey barricades and
supporting traffic control equipment will be purchased for $800 per set. Washington County Sheriff's Office will purchase 52 shotgun weapon lights at a cost of $154.51 each, 10 civil
disturbance shields at a cost of $170.50 each and 10 civil disturbance kits at a cost of $395.90 each.
E SDpplics
Supply Items
Provide a list of the types of Items to be purchased with grant funds.
Computation
Describe the Item and the compute the costs. Computation: The number of each item to be purchased X the cost per Item,
p a/Items
unit Cast
Total Cost
uotr- 'at
fcdede
ConWbuNon
Ferat
Request
So
$a
iorajS
$0
$0
$0
Narrative
F. construction
Purpose
provide the pw-s pa1 the
construction
Aesalptlon of Wark
Describe the constructionproject(s)Compute
Computation
the costs fe. the numbers
9. teach item tabepurchasedX[he cast peritem)
Mof lrems
cost
Total Cost
Ntlo! Pe svl
[antrttwttaa
Federal
Request
so
$o
rotalo;
so
$0
$0
Narrative
G. Subowarak 1Subgran0J
Description Purpose Consultant?
Purpose Area #4
1,(he54vwardl—
cmtuRont7I yes, use
Provide a description of the activities to be carried out by
Describe the purpose of the subaward (subgran[)
tow —rim hdhfw to
subrecipients,
rxpMrn augrfated
I-W? cxperliwA
included in the east_
Non -Federal
Federal
Totalcost
Contribution
Request
50
ratalfs
SD
S+7
SO
Consultant Travel ey nermM)
Purpose of Travel
Location
Type of Expense
Computation
Indicate the purpose of each trip
or type of trip (training, advisory
Indicate the tmwl destination.
Hotel, airfare, per diem
Compute the cost of each type of expense X the number of people traveling.
group meeting)
Duration
N.af
Non-ftderol
Federal
Cost
at
Staff
Total Cost
Contribution
Request
Distant
so
so
Total
s0
$o
$a
Narrative
N. PrOCUMMErrt Contracts
Description
Purpose
Consultant?
Provide a description of the products oeservices to be procured by
it thr subaward for v
contract and an estimate of the costs. Applicants are encouraged to
ramukmvt,, I yes, use
promote free and open competition in awarding contracts. A
Describe the purpose of the contract
the tecam Isrinw to
separate justification must be provided forsole source
mx.PWlr orsa i.md
procurements in excess of the simplified Acquisition Threshold
trawl pAens s
(currently$150,000).
ircI dcdin the rvsc
NptrFederal
Fede'ai
Total cost
ConylbuNan
Request
to
ratalfsJ
o
$D
Sa
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Purpose of Travel
Location
Type of Expense
Computation
Indicate the purpose of each trip
-type oftrip(training, advisory
Indicate the travel destination.
Hotel, airfare, per diem
Compute the cast ofeach type of expense X the numberafpeople traveling.
group meeting)
raI it
N of
Nan•Fedeml
Federal
cast
or
Stogy
Total CastDistance
contrlbutlan
Request
so
so
Total
so
so
so
Narrative
Purpose Area #4
1. ❑therCdsts
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length of timeNan-Federal
total CPS[
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Request
so
so
staffs)
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So
So
Narrative
rndfreaCwts
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Base
lrfdfrmcan 0ate
ralareost
Non-fedemf
Contribution
Federof
Requesf
so
$0
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So
So
$o
Narrative
Department of Justice (DOJ)
Office of Justice Programs
Office of the Assistant Attorney General Washington, D.C. 20531
September 19, 2020
The Honorable Lioneld Jordan
City of Fayetteville
100 W Rock Street Suite A
Fayetteville, AR 72701-6191
Dear Mayor Jordan:
On behalf of Attorney General William P. Barr, it is my pleasure to inform you that the Office of Justice Programs (OJP), U.S.
Department of Justice (DOJ), has approved the application by City of Fayetteville for an award under the OJP funding
opportunity entitled "JAG Local: Eligible Allocation Amounts $25,000 or More." The approved award amount is $49,439.
These funds are for the project entitled 2020 JAG Local Solicitation.
The award document, including award conditions, is enclosed. The entire document is to be reviewed carefully before any
decision to accept the award. Also, the webpage entitled "Legal Notices: Special circumstances as to particular award
conditions" (ojp.gov/funding/Explore/LegalNotices-AwardRegts.htm) is to be consulted prior to an acceptance. Through that
"Legal Notices" webpage, OJP sets out -- by funding opportunity -- certain special circumstances that may or will affect the
applicability of one or more award requirements. Any such legal notice pertaining to award requirements that is posted
through that webpage is incorporated by reference into the award.
Please note that award requirements include not only award conditions, but also compliance with assurances and certifications
that relate to conduct during the period of performance for the award. Because these requirements encompass financial,
administrative, and programmatic matters, as well as other important matters (e.g., specific restrictions on use of funds), it is
vital that all key staff know the award requirements, and receive the award conditions and the assurances and certifications, as
well as the application as approved by OJP. (Information on all pertinent award requirements also must be provided to any
subrecipient of the award.)
Should City of Fayetteville accept the award and then fail to comply with an award requirement, DOJ will pursue appropriate
remedies for non-compliance, which may include termination of the award and/or a requirement to repay award funds.
Please direct questions regarding this award as follows:
- For program questions, contact Dawn K. Hill, Program Manager at (202) 598-7513; and
- For financial questions, contact the Customer Service Center of OJP's Office of the Chief Financial Officer at
(800) 458-0786, or at ask.ocfo@usdoj.gov.
We look forward to working with you.
Sincerely,
Katharine T. Sullivan
Principal Deputy Assistant Attorney General
Encl.
Department of Justice (DOJ)
Office of Justice Programs
Office of Civil Rights
Washington, DC 20531
September 19, 2020
The Honorable Lioneld Jordan
City of Fayetteville
100 W Rock Street Suite A
Fayetteville, AR 72701-6191
Dear Mayor Jordan:
Congratulations on your recent award. The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of
Justice (DOJ) has been delegated the responsibility for ensuring that recipients of federal financial assistance from the OJP, the Office
of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW) are not engaged in
discrimination prohibited by law. Several federal civil rights laws, such as Title VI of the Civil Rights Act of 1964 and Title IX of
the Education Amendments of 1972, require recipients of federal financial assistance to give assurances that they will comply with
those laws. In addition to those civil rights laws, many grant program statutes contain nondiscrimination provisions that require
compliance with them as a condition of receiving federal financial assistance. For a complete review of these civil rights laws and
nondiscrimination requirements, in connection with OJP and other DOJ awards, see
https://ojp.gov/funding/Explore/LegalOverview/CivilRightsRequirements.htm
Under the delegation of authority, the OCR investigates allegations of discrimination against recipients from individuals, entities, or
groups. In addition, the OCR conducts limited compliance reviews and audits based on regulatory criteria. These reviews and audits
permit the OCR to evaluate whether recipients of financial assistance from the Department are providing services in a non-
discriminatory manner to their service population or have employment practices that meet equal -opportunity standards.
If you are a recipient of grant awards under the Omnibus Crime Control and Safe Streets Act or the Juvenile Justice and Delinquency
Prevention Act and your agency is part of a criminal justice system, there are two additional obligations that may apply in connection
with the awards: (1) complying with the regulation relating to Equal Employment Opportunity Programs (EEOPs); and (2)
submitting findings of discrimination to OCR. For additional information regarding the EEOP requirement, see 28 CFR Part 42,
subpart E, and for additional information regarding requirements when there is an adverse finding, see 28 C.F.R. §§ 42.204(c),
.205(c)(5). Please submit information about any adverse finding to the OCR at the above address.
We at the OCR are available to help you and your organization meet the civil rights requirements that are associated with OJP and
other DOJ grant funding. If you would like the OCR to assist you in fulfilling your organization's civil rights or nondiscrimination
responsibilities as a recipient of federal financial assistance, please do not hesitate to let us know.
Sincerely,
Michael L. Alston
Director
cc: Grant Manager
Financial Analyst
Department of Justice (DOJ)
Office of Justice Programs
Bureau Justice Assistance
PAGE 1 OF 31
of
Grant
1. RECIPIENT NAME AND ADDRESS (Including Zip Code)
4. AWARD NUMBER: 2020-DJ-BX-0440
City of Fayetteville
100 W Rock Street Suite A
5. PROJECT PERIOD: FROM 10/01/2019 TO 09/30/2023
Fayetteville, AR 72701-6191
BUDGET PERIOD: FROM 10/01/2019 TO 09/30/2023
6. AWARD DATE 09/19/2020
8. SUPPLEMENT NUMBER
7. ACTION
Initial
2a. GRANTEE IRSNENDOR NO.
716018462
00
2b. GRANTEE DUNS NO.
9. PREVIOUS AWARD AMOUNT $ 0
071607688
3. PROJECT TITLE
10. AMOUNT OF THIS AWARD $ 49,439
2020 JAG Local Solicitation
11. TOTAL AWARD $ 49,439
12. SPECIAL CONDITIONS
THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH
ON THE ATTACHED PAGE(S).
13. STATUTORY AUTHORITY FOR GRANT
This project is supported under FY20(BJA - JAG State and JAG Local) Title I of Pub. L. No. 90-351 (generally codified at 34 U.S.C. 10101-10726), including
subpart I of part E (codified at 34 U.S.C. 10151 - 10158); see also 28 U.S.C. 530C(a)
14. CATALOG OF DOMESTIC FEDERAL ASSISTANCE (CFDA Number)
16.738 - Edward Byrne Memorial Justice Assistance Grant Program
15. METHOD OF PAYMENT
GPRS
AGENCY APPROVAL
GRANTEE ACCEPTANCE
16. TYPED NAME AND TITLE OF APPROVING OFFICIAL
18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL
Katharine T. Sullivan
Lioneld Jordan
Principal Deputy Assistant Attorney General
Mayor
17. SIGNATURE OF APPROVING OFFICIAL
19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL
19A. DATE
AGENCY USE ONLY
20. ACCOUNTING CLASSIFICATION CODES
21. VDJUGT3233
FISCAL FUND BUD. DIV.
YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT
X B DJ 80 00 00 49439
OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE.
OJP FORM 4000/2 (REV. 4-88)
r
Department of Justice (DOJ)
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 2 OF 31
Ft .r
Grant
PROJECT NUMBER 2020-DJ-BX-0440 AWARD DATE 09/1912020
SPECIAL CONDITIONS
1. Requirements of the award; remedies for non-compliance or for materially false statements
The conditions of this award are material requirements of the award. Compliance with any assurances or certifications
submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material
requirement of this award.
Limited Exceptions. In certain special circumstances, the U.S. Department of Justice ("DOJ") may determine that it will
not enforce, or enforce only in part, one or more requirements otherwise applicable to the award. Any such exceptions
regarding enforcement, including any such exceptions made during the period of performance, are (or will be during
the period of performance) set out through the Office of Justice Programs ("OJP") webpage entitled "Legal Notices:
Special circumstances as to particular award conditions" (ojp.gov/funding/Explore/LegalNotices-AwardRegts.htm), and
incorporated by reference into the award.
By signing and accepting this award on behalf of the recipient, the authorized recipient official accepts all material
requirements of the award, and specifically adopts, as if personally executed by the authorized recipient official, all
assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of
performance.
Failure to comply with one or more award requirements -- whether a condition set out in full below, a condition
incorporated by reference below, or an assurance or certification related to conduct during the award period -- may
result in OJP taking appropriate action with respect to the recipient and the award. Among other things, the OJP may
withhold award funds, disallow costs, or suspend or terminate the award. DOJ, including OJP, also may take other legal
action as appropriate.
Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment
or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621,
and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false
claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812).
Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision
shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be
held, instead, that the provision is utterly invalid or -unenforceable, such provision shall be deemed severable from this
award.
OJP FORM 4000/2 (REV. 4-88)
Initial
Department of Justice (DOJ)
Office of Justice Programs AWARD CONTINUATION
i Bureau of Justice Assistance SHEET PAGE 3 OF 31
Grant
PROJECTNUMBER 2020-DJ-BX-0440 AWARD DATE 09/19/2020
SPECIAL CONDITIONS
2. Applicability of Part 200 Uniform Requirements
The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted
and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this FY
2020 award from OJP.
The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2020 award
supplements funds previously awarded by OJP under the same award number (e.g., funds awarded during or before
December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number
(regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that
are obligated on or after the acceptance date of this FY 2020 award.
For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards
("subgrants"), see the OJP website at https:Hojp.gov/funding/Part200UnifonnRequirements.htm.
Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at
any tier) must retain -- typically for a period of 3 years from the date of submission of the final expenditure report (SF
425), unless a different retention period applies -- and to which the recipient (and any subrecipient ("subgrantee") at
any tier) must provide access, include performance measurement information, in addition to the financial records,
supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.333.
In the event that an award -related question arises from documents or other materials prepared or distributed by OJP
that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the
recipient is to contact OJP promptly for clarification.
3. Compliance with DOJ Grants Financial Guide
References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website
(currently, the "DOJ Grants Financial Guide" available at https:Hojp.gov/financialguide/DOJ/index.htm), including any
updated version that maybe posted during the period of performance. The recipient agrees to comply with the DOJ
Grants Financial Guide.
4. Reclassification of various statutory provisions to anew Title 34 of the United States Code
On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially
reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law Enforcement." The
reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and
cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code.
Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been
reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to
Title 34. This rule of construction specifically includes references set out in award conditions, references set out in
material incorporated by reference through award conditions, and references set out in other award requirements.
OJP FORM 4000/2 (REV. 4-88)
Initial
Department of Justice (DOJ)
Office of Justice Programs
Bureau of Justice Assistance
PROJECT NUMBER 2020-DJ-BX-0440
AWARD CONTINUATION
SHEET
Grant
AWARD DATE 09/19/2020
SPECIAL CONDITIONS
5. Required training for Point of Contact and all Financial Points of Contact
PAGE 4 OF 31
Both the Point of Contact (POC) and all Financial Points of Contact (FPOCs) for this award must have successfully
completed an "OJP financial management and grant administration training" by 120 days after the date of the
recipient's acceptance of the award. Successful completion of such a training on or after January 1, 2018, will satisfy
this condition.
In the event that either the POC or an FPOC for this award changes during the period of performance, the new POC or
FPOC must have successfully completed an "OJP financial management and grant administration training" by 120
calendar days after -- (1) the date of OJP's approval of the "Change Grantee Contact" GAN (in the case of a new
POC), or (2) the date the POC enters information on the new FPOC in GMS (in the case of a new FPOC). Successful
completion of such a training on or after January 1, 2018, will satisfy this condition.
A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for
purposes of this condition is available at https://www.ojp.gov/training/fmts.htm. All trainings that satisfy this condition
include a session on grant fraud prevention and detection.
The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to
comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate
conditions on this award.
6. Requirements related to "de minimis" indirect cost rate
A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis"
indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must advise
OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200
Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined
by the Part 200 Uniform Requirements.
7. Requirement to report potentially duplicative funding
If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal
funds during the period of performance for this award, the recipient promptly must determine whether funds from any
of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the
identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ
awarding agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ
awarding agency, must seek a budget -modification or change -of -project -scope grant adjustment notice (GAN) to
eliminate any inappropriate duplication of funding.
OJP FORM 4000/2 (REV. 4-88)
Initial
Department of Justice (DOJ)
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 5 OF 31
Grant
PROJECTNUMBER 2020-DJ-BX-0440 AWARD DATE 09/19/2020
SPECIAL CONDITIONS
8. Requirements related to System for Award Management and Universal Identifier Requirements
The recipient must comply with applicable requirements regarding the System for Award Management (SAM),
currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM,
as well as maintaining the currency of information in SAM.
The recipient also must comply with applicable restrictions on subawards ("subgrants") to first -tier subrecipients
(first -tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the
recipient) the unique entity identifier required for SAM registration.
The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site
at https://ojp.gov/funding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and Universal
Identifier Requirements), and are incorporated by reference here.
This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to
any business or non-profit organization that he or she may own or operate in his or her name).
ON FORM 4000/2 (REV. 4-88)
Initial
Department of Justice (DOJ)
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 6 OF 31
Grant
PROJECT NUMBER 2020-DJ-BX-0440 AWARD DATE 09/19/2020
SPECIAL CONDITIONS
9. Employment eligibility verification for hiring under the award
1. The recipient (and any subrecipient at any tier) must --
A. Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole
or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of the
individual who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1) and (2).
B. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in activities under
this award ofboth--
(1) this award requirement for verification of employment eligibility, and
(2) the associated provisions in 8 U.S.C. 1324a(a)(1) and (2) that, generally speaking, make it unlawful, in the United
States, to hire (or recruit for employment) certain aliens.
C. Provide training (to the extent necessary) to those persons required by this condition to be notified of the award
requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1) and (2).
D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain
records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with
Form I-9 record retention requirements, as well as records of all pertinent notifications and trainings.
2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3. Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the
reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition.
4. Rules of construction
A. Staff involved in the hiring process
For purposes of this condition, persons "who are or will be involved in activities under this award" specifically includes
(without limitation) any and all recipient (or any subrecipient) officials or other staff who are or will be involved in the
hiring process with respect to a position that is or will be funded (in whole or in part) with award funds.
B. Employment eligibility confirmation with E-Verify
For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the
recipient (or any subrecipient) may choose to participate in, and use, E-Verify (www.e-verify.gov), provided an
appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E-Verify (and follows the proper
E-Verify procedures, including in the event of a "Tentative Nonconfirmation" or a "Final Nonconfirmation") to
confirm employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or
in part) with award funds.
C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United
States, and the Commonwealth of the Northern Mariana Islands.
D. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or
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,SPECIAL CONDITIONS
any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law.
E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any recipient, any subrecipient
at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1)
and (2).
Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E-Verify
website (https://www.e-verify.govo or email E-Verify at E-Verify@dhs.gov. E-Verify employer agents can email E-
Verify at E-VerifyEmployerAgent@dhs.gov.
Questions about the meaning or scope of this condition should be directed to OJP, before award acceptance.
10. Requirement to report actual or imminent breach of personally identifiable information (PII)
The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an
actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) -- (1) creates, collects, uses, processes, stores,
maintains, disseminates, discloses, or disposes of "personally identifiable information (PII)" (2 CFR 200.79) within the
scope of an OJP grant -funded program or activity, or (2) uses or operates a "Federal information system" (OMB
Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of
PII to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an
imminent breach.
11. All subawards ("subgrants") must have specific federal authorization
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for
authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants
administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement
"contract").
The details of the requirement for authorization of any subaward are posted on the OJP web site at
https://ojp.gov/funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants") must have
specific federal authorization), and are incorporated by reference here.
12. Specific post -award approval required to use a noncompetitive approach in any procurement contract that would
exceed $250,000
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain
specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the
Simplified Acquisition Threshold (currently, $250,000). This condition applies to agreements that -- for purposes of
federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider
a subaward).
The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under
an OJP award are posted on the OJP web site at https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm
(Award condition: Specific post -award approval required to use a noncompetitive approach in a procurement contract
(if contract would exceed $250,000)), and are incorporated by reference here.
OJP FORM 4000/2 (REV. 4-88)
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SPECIAL COMMONS
13. Unreasonable restrictions on competition under the award; association with federal government
SCOPE. This condition applies with respect to any procurement of property or services that is funded (in whole or in
part) by this award, whether by the recipient or by any subrecipient at any tier, and regardless of the dollar amount of
the purchase or acquisition, the method of procurement, or the nature of any legal instrument used. The provisions of
this condition must be among those included in any subaward (at any tier).
1. No discrimination, in procurement transactions, against associates of the federal government
Consistent with the (DOJ) Part 200 Uniform Requirements -- including as set out at 2 C.F.R. 200.300 (requiring
awards to be "manage[d] and administer[ed] in a manner so as to ensure that Federal funding is expended and
associated programs are implemented in full accordance with U.S. statutory and public policy requirements") and
200.319(a) (generally requiring "[a]ll procurement transactions [to] be conducted in a manner providing full and open
competition" and forbidding practices "restrictive of competition," such as "[p]lacing unreasonable requirements on
firms in order for them to qualify to do business" and taking "[a]ny arbitrary action in the procurement process") -- no
recipient (or subrecipient, at any tier) may (in any procurement transaction) discriminate against any person or entity on
the basis of such person or entity's status as an "associate of the federal government" (or on the basis of such person or
entity's status as a parent, affiliate, or subsidiary of such an associate), except as expressly set out in 2 C.F.R.
200.319(a) or as specifically authorized by USDOJ.
2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3. Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the
reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition.
4. Rules of construction
A. The term "associate of the federal government" means any person or entity engaged or employed (in the past or at
present) by or on behalf of the federal government -- as an employee, contractor or subcontractor (at any tier), grant
recipient or -subrecipient (at any tier), agent, or otherwise -- in undertaking any work, project, or activity for or on
behalf of (or in providing goods or services to or on behalf of) the federal government, and includes any applicant for
such employment or engagement, and any person or entity committed by legal instrument to undertake any such work,
project, or activity (or to provide such goods or services) in future.
B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or
any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law.
OJP FORM 4000/2 (REV. 4-88)
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SPECIAL CONDITIONS
14. Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and
OJP authority to terminate award)
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including
requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the
part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees"
of the recipient or of any subrecipient.
The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the
OJP web site at https:Hojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm (Award condition: Prohibited
conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP
authority to terminate award)), and are incorporated by reference here.
15. Determination of suitability to interact with participating minors
SCOPE. This condition applies to this award if it is indicated -- in the application for the award (as approved by
DOJ)(or in the application for any subaward, at any tier), the DOJ funding announcement (solicitation), or an
associated federal statute -- that a purpose of some or all of the activities to be carved out under the award (whether by
the recipient, or a subrecipient at any tier) is to benefit a set of individuals under 18 years of age.
The recipient, and any subrecipient at any tier, must make determinations of suitability before certain individuals may
interact with participating minors. This requirement applies regardless of an individual's employment status.
The details of this requirement are posted on the OJP web site at https:Hojp.gov/ftinding/Explore/lnteract-Minors.btm
(Award condition: Determination of suitability required, in advance, for certain individuals who may interact with
participating minors), and are incorporated by reference here.
16. Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and
other events
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations,
policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where
applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ),
including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences.
Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ
Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial Guide").
17. Requirement for data on performance and effectiveness under the award
The recipient must collect and maintain data that measure the performance and effectiveness of work under this award.
The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the program
solicitation or other applicable written guidance. Data collection supports compliance with the Government
Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws.
18. OJP Training Guiding Principles
Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or
delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees,
available at https://ojp.gov/funding/Implement/TrainingPrinciplesForGrantees-Subgrantees.htm.
OJP FORM 4000/2 (REV. 4-88)
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Office of Justice Programs AWARD CONTINUATION
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SPECIAL CONDITIONS
19. Effect of failure to address audit issues
The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold
award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipient
does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform
Requirements (or by the terns of this award), or other outstanding issues that arise in connection with audits,
investigations, or reviews of DOJ awards.
20. Potential imposition of additional requirements
The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency
(OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is designated as "high -
risk" for purposes of the DOJ high -risk grantee list.
21. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28
C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an
equal employment opportunity program.
22. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28
C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs."
23. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28
C.F.R. Part 38 (as may be applicable from time to time), specifically including any applicable requirements regarding
written notice to program beneficiaries and prospective program beneficiaries.
Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the
basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious
practice. Part 38, currently, also sets out rules and requirements that pertain to recipient and subrecipient
("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements
that pertain to recipients and subrecipients that are faith -based or religious organizations.
The text of 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations (currently accessible at
https://www.ecfr.gov/cgi-bin/ECFR?page=browse), by browsing to Title 28-Judicial Administration, Chapter 1, Part
38, under e-CFR "current" data.
OJP FORM 4000/2 (REV. 4-88)
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24. Restrictions on "lobbying"
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In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or any
subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal,
modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. (There
may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be
barred by law.)
Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any
subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of
Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or
cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending,
or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that
applies to Indian tribes and tribal organizations.
Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might
fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the
express prior written approval of OJP.
25. Compliance with general appropriations -law restrictions on the use of federal funds (FY 2020) The recipient, and any
subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of federal funds set out in
federal appropriations statutes. Pertinent restrictions that may be set out in applicable appropriations acts are indicated
at https:Hojp.gov/funding/Explore/FY20AppropriationsRestrictions.htm, and are incorporated by reference here. Should
a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might fall
within the scope of an appropriations -law restriction, the recipient is to contact OJP for guidance, and may not proceed
without the express prior written approval of OJP.
26. Reporting potential fraud, waste, and abuse, and similar misconduct
The recipient, and any subrecipients ("subgrantees") at any tier, must promptly refer to the DOJ Office of the Inspector
General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other
person has, in connection with funds under this award-- (1) submitted a claim that violates the False Claims Act; or (2)
committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar
misconduct.
Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the
OIG by --(I) online submission accessible via the OIG webpage at https://oig.justice.gov/hotline/contact-grants.htm
(select "Submit Report Online"); (2) mail directed to: U.S. Department of Justice, Office of the Inspector General,
Investigations Division, ATTN: Grantee Reporting, 950 Pennsylvania Ave., NW, Washington, DC 20530; and/or (3) by
facsimile directed to the DOJ OIG Investigations Division (Attn: Grantee Reporting) at (202) 616-9881 (fax).
Additional information is available from the DOJ OIG website at https:Hoig.justice.gov/hotline.
OJP FORM 4000/2 (REV. 4-88)
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SPECIAL CONDITIONS
27. Restrictions and certifications regarding non -disclosure agreements and related matters
PAGE 12 OF 31
No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or
subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality
agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in
accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal
department or agency authorized to receive such information.
The foregoing is not intended, and shall not be understood by the agency making this award, to contravene
requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to
sensitive compartmented information), or any other form issued by a federal department or agency governing the
nondisclosure of classified information.
1. In accepting this award, the recipient --
a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees
or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or
contractors from reporting waste, fraud, or abuse as described above; and
b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute
agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud,
or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt
written notification to the federal agency making this award, and will resume (or permit resumption of) such
obligations only if expressly authorized to do so by that agency.
2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or
both --
a. it represents that--
(1) it has determined that no other entity that the recipient's application proposes may or will receive award funds
(whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either
requires or has required internal confidentiality agreements or statements from employees or contractors that currently
prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste,
fraud, or abuse as described above; and
(2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and
b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds
under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit
or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will
immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to
the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly
authorized to do so by that agency.
OJP FORM 4000/2 (REV. 4-88)
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'y Office of Justice Programs AWARD CONTINUATION
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SPECIAL CONDITIONS
28. Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees)
The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41
U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an
employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a
gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public
health or safety, or a violation of law, rule, or regulation related to a federal grant.
The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of
employee rights and remedies under 41 U.S.C. 4712.
Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to
contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance.
29. Encouragement of policies to ban text messaging while driving
Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg.
51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies
banning employees from text messaging while driving any vehicle during the course of performing work funded by this
award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease
crashes caused by distracted drivers.
30. Requirement to disclose whether recipient is designated "high risk" by a federal grant -making agency outside of DOJ
If the recipient is designated "high risk" by a federal grant -making agency outside of DOJ, currently or at any time
during the course of the period of performance under this award, the recipient must disclose that fact and certain related
information to OJP by email at OJP.ComplianceReporting@ojp.usdoj.gov. For purposes of this disclosure, high risk
includes any status under which a federal awarding agency provides additional oversight due to the recipient's past
performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include
the following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient
was designated high risk, 3. The high -risk point of contact at that federal awarding agency (name, phone number, and
email address), and 4. The reasons for the high -risk status, as set out by the federal awarding agency.
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` Bureau of Justice Assistance SHEET PACE 14 OF 31
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SPECIAL CONDITIONS
Authority to obligate award funds contingent on noninterference (within the funded "program or activity") with federal
law enforcement: information -communication restrictions; unallowable costs; notification
1. If the recipient is a "State," a local government, or a "public" institution of higher education:
A. The recipient may not obligate award funds if, at the time of the obligation, the "program or activity" of the recipient
(or of any subrecipient at any tier that is a State, a local government, or a public institution of higher education) that is
funded wholly or partly with award funds is subject to any "information -communication restriction."
B. Also, with respect to any project costs it incurs "at risk," the recipient may not obligate award funds to reimburse
itself if -- at the time it incurs such costs -- the program or activity of the recipient (or of any subrecipient, at any tier,
described in par. LA of this condition) that would be reimbursed wholly or partly with award funds was subject to any
information -communication restriction.
C. Any drawdown of award funds by the recipient shall be considered, for all purposes, to be a material representation
by the recipient to OJP that, as of the date the recipient requests the drawdown, the recipient and each subrecipient
(regardless of tier) described in par. LA of this condition, is in compliance with the award condition entitled
"Noninterference (within the funded'program or activity') with federal law enforcement: information -communication
restrictions; ongoing compliance."
D. The recipient must promptly notify OJP (in writing) if the recipient, from its requisite monitoring of compliance
with award conditions or otherwise, has credible evidence that indicates that the funded program or activity of the
recipient, or of any subrecipient (at any tier) described in par. LA of this condition, may be subject to any information -
communication restriction. Also, any subaward (at any tier) to a subrecipient described in paragraph LA of this
condition must require prompt notification to the entity that made the subaward, should the subrecipient have such
credible evidence regarding an information -communication restriction.
2. Any subaward (at any tier) to a subrecipient described in par. LA of this condition must provide that the subrecipient
may not obligate award funds if, at the time of the obligation, the program or activity of the subrecipient (or of any
further such subrecipient at any tier) that is funded in whole or in part with award funds is subject to any information -
communication restriction.
3. Absent an express written determination by DOJ to the contrary, based upon a finding by DOJ of compelling
circumstances (e.g., a small amount of award funds obligated by the recipient at the time of a subrecipient's minor and
transitory non-compliance, which was unknown to the recipient despite diligent monitoring), any obligations of award
funds that, under this condition, may not be made shall be unallowable costs for purposes of this award. In making any
such determination, DOJ will give great weight to evidence submitted by the recipient that demonstrates diligent
monitoring of subrecipient compliance with the requirements set out in the "Noninterference ... information -
communication restrictions; ongoing compliance" award condition.
4. Rules of Construction
A. For purposes of this condition "information -communication restriction" has the meaning set out in the
"Noninterference ... information -communication restrictions; ongoing compliance" condition.
B. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference ... information -
communication restrictions; ongoing compliance" condition are incorporated by reference as though set forth here in
full.
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SPECIAL CONDITIONS
32. Authority to obligate award funds contingent on no use of funds to interfere with federal law enforcement:
information -communication restrictions; unallowable costs; notification
1. If the recipient is a "State," a local government, or a "public" institution of higher education:
A. The recipient may not obligate award funds if, at the time of the obligation, the "program or activity" of the recipient
(or of any subrecipient at any tier that is a State, a local government, or a public institution of higher education) that is
funded in whole or in part with award funds is subject to any "information -communication restriction."
B. In addition, with respect to any project costs it incurs "at risk," the recipient may not obligate award funds to
reimburse itself if -- at the time it incurs such costs -- the program or activity of the recipient (or of any subrecipient,
at any tier, described in paragraph LA of this condition) that would be reimbursed in whole or in part with award funds
was subject to any information -communication restriction.
C. Any drawdown of award funds by the recipient shall be considered, for all purposes, to be a material representation
by the recipient to OJP that, as of the date the recipient requests the drawdown, the recipient and each subrecipient
(regardless of tier) described in paragraph LA of this condition, is in compliance with the award condition entitled "No
use of funds to interfere with federal law enforcement: information -communication restrictions; ongoing compliance."
D. The recipient must promptly notify OJP (in writing) if the recipient, from its requisite monitoring of compliance
with award conditions or otherwise, has credible evidence that indicates that the funded program or activity of the
recipient, or of any subrecipient (at any tier) described in paragraph LA of this condition, may be subject to any
information -communication restriction. In addition, any subaward (at any tier) to a subrecipient described in paragraph
LA of this condition must require prompt notification to the entity that made the subaward, should the subrecipient
have such credible evidence regarding an information -communication restriction.
2. Any subaward (at any tier) to a subrecipient described in paragraph LA of this condition must provide that the
subrecipient may not obligate award funds if, at the time of the obligation, the program or activity of the subrecipient
(or of any further such subrecipient at any tier) that is funded in whole or in part with award funds is subject to any
information -communication restriction.
3. Absent an express written determination by DOJ to the contrary, based upon a finding by DOJ of compelling
circumstances (e.g., a small amount of award funds obligated by the recipient at the time of a subrecipient's minor and
transitory non-compliance, which was unknown to the recipient despite diligent monitoring), any obligations of award
funds that, under this condition, may not be made shall be unallowable costs for purposes of this award. In making any
such determination, DOJ will give great weight to evidence submitted by the recipient that demonstrates diligent
monitoring of subrecipient compliance with the requirements set out in the "No use of funds to interfere ...
information -communication restrictions; ongoing compliance" award condition.
4. Rules of Construction
A. For purposes of this condition "information -communication restriction" has the meaning set out in the "No use of
funds to interfere ... information -communication restrictions; ongoing compliance" condition.
B. Both the "Rules of Construction" and the "Important Note" set out in the "No use of funds to interfere ...
information -communication restrictions; ongoing compliance" condition are incorporated by reference as though set
forth here in full.
OJP FORM 4000/2 (REV. 4-88)
Initial
Department of Justice (DOJ)
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 16 OF 31
Grant
PROJECT NUMBER 2020-DJ-BX-0440 AWARD DATE 09/19/2020
SPECIAL CONDITIONS
33. Noninterference (within the funded "program or activity") with federal law enforcement: information -communication
restrictions; ongoing compliance
1. With respect to the "program or activity" funded in whole or part under this award (including any such program or
activity of any subrecipient at any tier), throughout the period of performance, no State or local government entity, -
agency, or -official may prohibit or in any way restrict-- (1) any government entity or -official from sending or
receiving information regarding citizenship or immigration status to/from DHS; or (2) a government entity or -agency
from sending, requesting or receiving, or exchanging information regarding immigration status to/from/with DHS, or
from maintaining such information. Any prohibition (or restriction) that violates this condition is an "information -
communication restriction" under this award.
2. The recipient's monitoring responsibilities include monitoring of subrecipient compliance with the requirements of
this condition.
3. Allowable costs. Compliance with these requirements is an authorized and priority purpose of this award. To the
extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the
reasonable, necessary, and allocable costs (if any) that the recipient, or any subrecipient at any tier that is a State, a
local government, or a public institution of higher education, incurs to implement this condition.
4. Rules of Construction
A. For purposes of this condition:
(1) "State" and "local government" include any agency or other entity thereof (including any public institution of higher
education), but not any Indian tribe.
(2) A "public" institution of higher education is defined as one that is owned, controlled, or directly funded (in whole or
in substantial part) by a State or local government. (Such a public institution is considered to be a "government entity,"
and its officials to be "government officials.")
(3) "Program or activity" means what it means under title VI of the Civil Rights Act of 1964 (see 42 U.S.C. 2000d-4a).
(4) "Immigration status" means what it means under 8 U.S.C. 1373 and 8 U.S.C. 1644; and terms that are defined in 8
U.S.C. 1101 mean what they mean under that section 1101, except that "State" also includes American Samoa.
(5) "DHS" means the U.S. Department of Homeland Security.
B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any
State or local government, any public institution of higher education, or any other entity (or individual) to violate any
federal law, including any applicable civil rights or nondiscrimination law.
IMPORTANT NOTE: Any questions about the meaning or scope of this condition should be directed to OJP, before
award acceptance.
ON FORM 400012 (REV. 4-88)
Initial
Department of Justice (DOJ)
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 17 OF 31
Grant
PROJECTNUMBER 2020-DJ-BX-0440 AWARD DATE 09/19/2020
SPECIAL CONDITIONS
34. No use of funds to interfere with federal law enforcement: information -communication restrictions; ongoing
compliance
1. Throughout the period of performance, no State or local government entity, -agency, or -official may use funds
under this award (including under any subaward, at any tier) to prohibit or in any way restrict-- (1) any government
entity or -official from sending or receiving information regarding citizenship or immigration status to/from DHS; or
(2) a government entity or -agency from sending, requesting or receiving, or exchanging information regarding
immigration status to/from/with DHS, or from maintaining such information. Any prohibition (or restriction) that
violates this condition is an "information -communication restriction" under this award.
2. The recipient's monitoring responsibilities include monitoring of subrecipient compliance with the requirements of
this condition.
3. Allowable costs. Compliance with these requirements is an authorized and priority purpose of this award. To the
extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the
reasonable, necessary, and allocable costs (if any) that the recipient, or any subrecipient at any tier that is a State, a
local government, or a public institution of higher education, incurs to implement this condition.
4. Rules of Construction
A. For purposes of this condition:
(1) "State" and "local government" include any agency or other entity thereof (including any public institution of higher
education), but not any Indian tribe.
(2) A "public" institution of higher education is defined as one that is owned, controlled, or directly funded (in whole or
in substantial part) by a State or local government. (Such a public institution is considered to be a "government entity,"
and its officials to be "government officials.")
(3) "Program or activity" means what it means under title VI of the Civil Rights Act of 1964 (see 42 U.S.C. 2000d-4a).
(4) "Immigration status" means what it means under 8 U.S.C. 1373 and 8 U.S.C. 1644; and terms that are defined in 8
U.S.C. 1101 mean what they mean under that section 1101, except that "State" also includes American Samoa.
(5) "DHS" means the U.S. Department of Homeland Security.
B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any
State or local government, any public institution of higher education, or any other entity (or individual) to violate any
federal law, including any applicable civil rights or nondiscrimination law.
IMPORTANT NOTE: Any questions about the meaning or scope of this condition should be directed to OJP, before
award acceptance.
OJP FORM 4000/2 (REV. 4-88)
Initial
Department of Justice (DOJ)
P. Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 18 OF 31
Grant
PROJECT NUMBER 2020-DJ-BX-0440 AWARD DATE 09/19/2020
SPECIAL COND MONS
35. Noninterference (within the funded "program or activity") with federal law enforcement: No public disclosure of
certain law -enforcement -sensitive information
SCOPE. This condition applies with respect to the "program or activity" that is funded (in whole or in part) by the
award, as of the date the recipient accepts this award, and throughout the remainder of the period of performance. Its
provisions must be among those included in any subaward (at any tier).
1. Noninterference: No public disclosure of federal law -enforcement information in order to conceal, harbor, or shield
Consistent with the purposes and objectives of federal law enforcement statutes and federal criminal law (including 8
U.S.C. 1324 and 18 U.S.C. chs. 1, 49, 227), no public disclosure may be made of any federal law -enforcement
information in a direct or indirect attempt to conceal, harbor, or shield from detection any fugitive from justice under 18
U.S.C. ch. 49, or any alien who has come to, entered, or remains in the United States in violation of 8 U.S.C. ch. 12 --
without regard to whether such disclosure would constitute (or could form a predicate for) a violation of 18 U.S.C.
1071 or 1072 or of 8 U.S.C. 1324(a).
2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3. Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the
reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this
condition.
4. Rules of construction
A. For purposes of this condition--
(1) the term "alien" means what it means under section 101 of the Immigration and Nationality Act (see 8 U.S.C.
1101(a)(3));
(2) the term "federal law -enforcement information" means law -enforcement -sensitive information communicated or
made available, by the federal government, to a State or local government entity, -agency, or -official, through any
means, including, without limitation-- (1) through any database, (2) in connection with any law enforcement
partnership or -task-force, (3) in connection with any request for law enforcement assistance or -cooperation, or (4)
through any deconfliction (or courtesy) notice of planned, imminent, commencing, continuing, or impending federal
law enforcement activity;
(3) the term "law -enforcement -sensitive information" means records or information compiled for any law -
enforcement purpose; and
(4) the term "public disclosure" means any communication or release other than one-- (a) within the recipient, or (b) to
any subrecipient (at any tier) that is a government entity.
B. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference (within the funded
"program or activity") with federal law enforcement: information -communication restrictions; ongoing compliance"
award condition are incorporated by reference as though set forth here in full.
OJP FORM 4000/2 (REV. 4-88)
Initial
i
Department of Justice (DOJ)
Office of Justice Programs
Bureau of Justice Assistance
77
PROJECTNUMBER 2020-DJ-BX-0440
AWARD CONTINUATION
SHEET
Grant
AWARD DATE 09/19/2020
SPECIAL CONDITIONS
36. No use of funds to interfere with federal law enforcement: No public disclosure of certain law -enforcement -sensitive
information
SCOPE. This condition applies as of the date the recipient accepts this award, and throughout the remainder of the
period of performance. Its provisions must be among those included in any subaward (at any tier).
1. No use of funds to interfere: No public disclosure of federal law -enforcement information in order to conceal,
harbor, or shield
Consistent with the purposes and objectives of federal law enforcement statutes and federal criminal law (including 8
U.S.C. 1324 and 18 U.S.C. chs. 1, 49, 227), no funds under this award may be used to make any public disclosure of
any federal law -enforcement information in a direct or indirect attempt to conceal, harbor, or shield from detection any
fugitive from justice under 18 U.S.C. ch. 49, or any alien who has come to, entered, or remains in the United States in
violation of 8 U.S.C. ch. 12 -- without regard to whether such disclosure would constitute (or could form a predicate
for) a violation of 18 U.S.C. 1071 or 1072 or of 8 U.S.C. 1324(a).
2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3. Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the
reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this
condition.
4. Rules of construction
A. For purposes of this condition--
(1) the term "alien" means what it means under section 101 of the Immigration and Nationality Act (see 8 U.S.C.
1101(a)(3));
(2) the term "federal law -enforcement information" means law -enforcement -sensitive information communicated or
made available, by the federal government, to a State or local government entity, -agency, or -official, through any
means, including, without limitation-- (1) through any database, (2) in connection with any law enforcement
partnership or -task-force, (3) in connection with any request for law enforcement assistance or -cooperation, or (4)
through any deconfliction (or courtesy) notice of planned, imminent, commencing, continuing, or impending federal
law enforcement activity;
(3) the term "law -enforcement -sensitive information" means records or information compiled for any law -
enforcement purpose; and
(4) the term "public disclosure" means any communication or release other than one-- (a) within the recipient, or (b) to
any subrecipient (at any tier) that is a government entity.
B. Both the "Rules of Construction" and the "Important Note" set out in the "No use of funds to interfere with federal
law enforcement: information -communication restrictions; ongoing compliance" award condition are incorporated by
reference as though set forth here in full.
ON FORM 4000/2 (REV. 4-88)
Initial
Department of Justice (DOJ)
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 20 OF 31
Grant
PROJECT NUMBER 2020-DJ-BX-0440 AWARD DATE 09/19/2020
SPECIAL CONDITIONS
37. Noninterference (within the funded "program or activity") with federal law enforcement: Notice of scheduled release
SCOPE. This condition applies with respect to the "program or activity" that is funded (in whole or in part) by the
award, as of the date the recipient accepts the award, and throughout the remainder of the period of performance. Its
provisions must be among those included in any subaward at any tier.
1. Noninterference with "removal" process: Notice of scheduled release date and time
Consonant with federal law enforcement statutes -- including 8 U.S.C. 1231 (for an alien incarcerated by a State or
local government, a 90-day "removal period" during which the federal government "shall" detain and then "shall"
remove an alien from the U.S. "begins" no later than "the date the alien is released from ... confinement"; also, the
federal government is expressly authorized to make payments to a "State or a political subdivision of the State ... with
respect to the incarceration of [an] undocumented criminal alien"); 8 U.S.C. 1226 (the federal government "shall take
into custody" certain criminal aliens "when the alien is released"); and 8 U.S.C. 1366 (requiring an annual report to
Congress on "the number of illegal alien[ felons] in Federal and State prisons" and programs underway "to ensure the
prompt removal" from the U.S. of removable "criminal aliens") -- within the funded program or activity, no State or
local government entity, -agency, or -official (including a government -contracted correctional facility) may interfere
with the "removal" process by failing to provide -- as early as practicable (see para. 4.C. below) -- advance notice to
DHS of the scheduled release date and time for a particular alien, if a State or local government (or government -
contracted) correctional facility receives from DHS a formal written request pursuant to the INA that seeks such
advance notice.
2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3. Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the
reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this
condition.
4. Rules of construction
A. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any
State or local government, or any other entity or individual to maintain (or detain) any individual in custody beyond the
date and time the individual otherwise would have been released.
B. Applicability
(1) Current DHS practice is ordinarily to request advance notice of scheduled release "as early as practicable (at least
48 hours, if possible)." (See DHS Form I-247A (3/17)). If (e.g., in light of the date DHS made such request) the
scheduled release date and time for an alien are such as not to allow for the advance notice that DHS has requested, it
shall NOT be a violation of this condition to provide only as much advance notice as practicable.
(2) Current DHS practice is to use the same form for a second, distinct purpose -- to request that an individual be
detained for up to 48 hours AFTER the scheduled release. This condition does NOT encompass such DHS requests for
detention.
C. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference (within the funded
"program or activity") with federal law enforcement: Interrogation of certain aliens" award condition are incorporated
by reference as though set forth here in full.
ON FORM 4000/2 (REV. 4-88)
Initial
Department of Justice (DOJ)
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 21 OF 31
Grant
PROJECT NUMBER 2020-DJ-BX-0440 AWARD DATE 09/19/2020
SPECIAL CONDITIONS
38. No use of funds to interfere with federal law enforcement: Notice of scheduled release
SCOPE. This condition applies as of the date the recipient accepts the award, and throughout the remainder of the
period of performance. Its provisions must be among those included in any subaward at any tier.
1. No use of funds to interfere with "removal" process: Notice of scheduled release date and time
Consonant with federal law enforcement statutes -- including 8 U.S.C. 1231 (for an alien incarcerated by a State or
local government, a 90-day "removal period" during which the federal government "shall" detain and then "shall"
remove an alien from the U.S. "begins" no later than "the date the alien is released from ... confinement"; also, the
federal government is expressly authorized to make payments to a "State or a political subdivision of the State ... with
respect to the incarceration of [an] undocumented criminal alien"); 8 U.S.C. 1226 (the federal government "shall take
into custody" certain criminal aliens "when the alien is released"); and 8 U.S.C. 1366 (requiring an annual report to
Congress on "the number of illegal alien[ felons] in Federal and State prisons" and programs underway "to ensure the
prompt removal" from the U.S. of removable "criminal aliens") -- no State or local government entity, -agency, or -
official (including a government -contracted correctional facility) may use funds under this award to interfere with the
"removal" process by failing to provide -- as early as practicable (see para. 4.C. below) -- advance notice to DHS of
the scheduled release date and time for a particular alien, if a State or local government (or government -contracted)
correctional facility receives from DHS a formal written request pursuant to the INA that seeks such advance notice.
2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3. Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the
reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this
condition.
4. Rules of construction
A. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any
State or local government, or any other entity or individual to maintain (or detain) any individual in custody beyond the
date and time the individual otherwise would have been released.
B. Applicability
(1) Current DHS practice is ordinarily to request advance notice of scheduled release "as early as practicable (at least
48 hours, if possible)." (See DHS Form I-247A (3/17)). If (e.g., in light of the date DHS made such request) the
scheduled release date and time for an alien are such as not to allow for the advance notice that DHS has requested, it
shall NOT be a violation of this condition to provide only as much advance notice as practicable.
(2) Current DHS practice is to use the same form for a second, distinct purpose -- to request that an individual be
detained for up to 48 hours AFTER the scheduled release. This condition does NOT encompass such DHS requests for
detention.
C. Both the "Rules of Construction" and the "Important Note" set out in the "No use of funds to interfere with federal
law enforcement: Interrogation of certain aliens" award condition are incorporated by reference as though set forth here
in full.
OJP FORM 4000/2 (REV. 4-88)
Initial
Department of Justice (DOJ)
Office of Justice Programs
Bureau of Justice Assistance
PROJECT NUMBER 2020-DJ-BX-0440
AWARD CONTINUATION
SHEET
Grant
AWARD DATE 09/19/2020
SPECIAL CONDITIONS
PAGE 22 OF 31
39. Noninterference (within the funded "program or activity") with federal law enforcement: Interrogation of certain aliens
SCOPE. This condition applies with respect to the "program or activity" funded (wholly or partly) by this award, as of
the date the recipient accepts the award, and throughout the rest of the award period of performance. Its provisions must
be among those included in any subaward (at any tier).
1. Noninterference with statutory law enforcement access to correctional facilities
Consonant with federal law enforcement statutes and regulations --including 8 USC 1357(a), under which certain
federal officers and employees "have power without warrant ... to interrogate any alien or person believed to be an alien
as to his right to be or to remain" in the U.S., and 8 CFR 287.5(a), under which that power may be exercised "anywhere
in or outside" the U.S.--within the funded program or activity, no State or local government entity, -agency, or -
official may interfere with the exercise of that power to interrogate "without warrant" (by agents of the United States
acting under color of federal law) by impeding access to any State or local government (or government -contracted)
correctional facility by such agents for the purpose of "interrogat[ing] any alien or person believed to be an alien as to
his [or her] right to be or to remain in the United States."
2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3. Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the
reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this
condition.
4. Rules of construction
A. For purposes of this condition:
(1) The term "alien" means what it means under sec. 101 of the Immigration and Nationality Act (INA) (8 USC
1101(a)(3)), except that, with respect to a juvenile offender, it means "criminal alien."
(2) The term "juvenile offender" means what it means under 28 CFR 31.304(f) (as in effect on Jan. 1, 2020).
(3) The term "criminal alien" means, with respect to a juvenile offender, an alien who is deportable on the basis of -
(a) conviction described in 8 USC 1227(a)(2), or
(b) conduct described in 8 USC 1227(a)(4).
(4) The term "conviction" means what it means under 8 USC I I01(a)(48). (Adjudication of a juvenile as having
committed an offense does not constitute "conviction" for purposes of this condition.)
(5) The term "correctional facility" means what it means under 34 USC 10251(a)(7)) as of January 1, 2020.
(6) The term "impede" includes taking or continuing any action, or implementing or maintaining any law, policy, rule,
or practice, that -
(a) is designed to prevent or to significantly delay or complicate, or
(b) has the effect of preventing or of significantly delaying or complicating.
ON FORM 4000/2 (REV. 4-88)
Initial
Department of Justice (DOJ)
Office of Justice Programs
Bureau of Justice Assistance
PROJECT NUMBER 2020-DJ-BX-0440
AWARD CONTINUATION
SHEET
Grant
AWARD DATE 09/19/2020
(7) "State" and "local government" include any agency or other entity thereof (including any public institution of higher
education), but not any Indian tribe.
(8) A "public" institution of higher education is one that is owned, controlled, or directly funded (in whole or in
substantial part) by a State or local government. (Such a public institution is considered to be a "government entity,"
and its officials to be "govemment officials.")
(9) "Program or activity" means what it means under 42 USC 2000d-4a.
B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any
State or local government, any public institution of higher education, or any other entity (or individual) to violate any
federal law, including any applicable civil rights or nondiscrimination law.
IMPORTANT NOTE: Any questions about the meaning or scope of this condition should be directed to OJP, before
award acceptance.
OJP FORM 4000/2 (REV. 4-88)
Initial
Department of Justice (DOJ)
Office of Justice Programs
Bureau of Justice Assistance
PROJECT NUMBER 2020-DJ-BX-0440
AWARD CONTINUATION
SHEET
Grant
AWARD DATE 09/19/2020
SPECIAL CONDITIONS
40. No use of funds to interfere with federal law enforcement: Interrogation of certain aliens
SCOPE. This condition applies as of the date the recipient accepts this award, and throughout the remainder of the
period of performance for the award. Its provisions must be among those included in any subaward (at any tier).
1. No use of funds to interfere with statutory law enforcement access to correctional facilities
Consonant with federal law enforcement statutes and regulations -- including 8 USC 1357(a), under which certain
federal officers and employees "have power without warrant ... to interrogate any alien or person believed to be an alien
as to his right to be or to remain in the United States," and 8 CFR 287.5(a), under which that power may be exercised
"anywhere in or outside the United States" -- no State or local government entity, -agency, or -official may use funds
under this award to interfere with the exercise of that power to interrogate "without warrant" (by agents of the United
States acting under color of federal law) by impeding access to any State or local government (or government -
contracted) correctional facility by such agents for the purpose of "interrogat[ing] any alien or person believed to be an
alien as to his [or her] right to be or to remain in the United States."
2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3. Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the
reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this
condition.
4. Rules of construction
A. For purposes of this condition:
(1) The term "alien" means what it means under section 101 of the Immigration and Nationality Act (INA) (8 USC
1101(a)(3)), except that, with respect to a juvenile offender, it means "criminal alien."
(2) The term "juvenile offender" means what it means under 28 CFR 31.304(f) (as in effect on Jan. 1, 2020).
(3) The term "criminal alien" means, with respect to a juvenile offender, an alien who is deportable on the basis of —
(a) conviction described in 8 USC 1227(a)(2), or
(b) conduct described in 8 USC 1227(a)(4).
(4) The term "conviction" means what it means under 8 USC I I01(a)(48). (Adjudication of a juvenile as having
committed an offense does not constitute "conviction" for purposes of this condition.)
(5) The term "correctional facility" means what it means under the title I of the Omnibus Crime Control and Safe
Streets Act of 1968 ( 34 USC 10251(a)(7)).
(6) The term "impede" includes taking or continuing any action, or implementing or maintaining any law, policy, rule,
or practice, that —
(a) is designed to prevent or to significantly delay or complicate, or
OJP FORM 4000/2 (REV, 4-88)
Initial
Department of Justice (DOJ)
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 25 OF 31
Grant
PROJECT NUMBER 2020-DJ-BX-0440 AWARD DATE 09/19/2020
SPECIAL CONDMONS
(b) has the effect of preventing or of significantly delaying or complicating.
(7) "State" and "local government" include any agency or other entity thereof (including any public institution of higher
education), but not any Indian tribe.
(8) A "public" institution of higher education is defined as one that is owned, controlled, or directly funded (in whole or
in substantial part) by a State or local government. (Such a public institution is considered to be a "government entity,"
and its officials to be "government officials.")
(9) "Program or activity" means what it means under 42 USC 2000d-4a.
B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any
State or local government, any public institution of higher education, or any other entity (or individual) to violate any
federal law, including any applicable civil rights or nondiscrimination law.
IMPORTANT NOTE: Any questions about the meaning or scope of this condition should be directed to OJP, before
award acceptance.
41. Requirement to collect certain information from subrecipients
Except as provided in this condition, the recipient may not make a subaward to a State, a local government, or a
"public" institution of higher education, unless it first obtains from the proposed subrecipient responses to the questions
identified in the program solicitation as "Information regarding Communication with the Department of Homeland
Security (DHS) and/or Immigration and Customs Enforcement (ICE)." All subrecipient responses must be collected and
maintained by the recipient, consistent with document retention requirements, and must be made available to DOJ upon
request. Responses to these questions are not required from subrecipients that are either a tribal
government/organization, a nonprofit organization, or a private institution of higher education.
42. Cooperating with OJP Monitoring
The recipient agrees to cooperate with OJP monitoring of this award pursuant to OJP's guidelines, protocols, and
procedures, and to cooperate with OJP (including the grant manager for this award and the Office of Chief Financial
Officer (OCFO)) requests related to such monitoring, including requests related to desk reviews and/or site visits. The
recipient agrees to provide to OJP all documentation necessary for OJP to complete its monitoring tasks, including
documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable
deadlines set by OJP for providing the requested documents. Failure to cooperate with OJP's monitoring activities may
result in actions that affect the recipient's DOJ awards, including, but not limited to: withholdings and/or other
restrictions on the recipient's access to award funds; referral to the DOJ OIG for audit review; designation of the
recipient as a DOJ High Risk grantee; or termination of an award(s).
OJP FORM 4000/2 (REV. 4-88)
Initial
=* s Department of Justice (DOJ)
Office of Justice Programs
Bureau of Justice Assistance
PROJECT NUMBER 2020-DJ-BX-0440
AWARD CONTINUATION
SHEET
Grant
AWARD DATE 09/19/2020
SPECIAL CONDITIONS
43. FFATA reporting: Subawards and executive compensation
PAGE 26 OF 31
The recipient must comply with applicable requirements to report first -tier subawards ("subgrants") of $25,000 or
more and, in certain circumstances, to report the names and total compensation of the five most highly compensated
executives of the recipient and first -tier subrecipients (first -tier "subgrantees") of award funds. The details of recipient
obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted
on the OJP web site at https:Hojp.gov/funding/Explore/FFATA.htm (Award condition: Reporting Subawards and
Executive Compensation), and are incorporated by reference here.
This condition, including its reporting requirement, does not apply to-- (1) an award of less than $25,000, or (2) an
award made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit
organization that he or she may own or operate in his or her name).
44. Required monitoring of subawards
The recipient must monitor subawards under this award in accordance with all applicable statutes, regulations, award
conditions, and the DOJ Grants Financial Guide, and must include the applicable conditions of this award in any
subaward. Among other things, the recipient is responsible for oversight of subrecipient spending and monitoring of
specific outcomes and benefits attributable to use of award funds by subrecipients. The recipient agrees to submit, upon
request, documentation of its policies and procedures for monitoring of subawards under this award.
45. Use of program income
Program income (as defined in the Part 200 Uniform Requirements) must be used in accordance with the provisions of
the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly
Federal Financial Report, SF 425.
46. Justice Information Sharing
Information sharing projects funded under this award must comply with DOJ's Global Justice Information Sharing
Initiative (Global) guidelines. The recipient (and any subrecipient at any tier) must conform to the Global Standards
Package (GSP) and all constituent elements, where applicable, as described at: https:/ / it.cjp.gov/ gsp_grantcondition.
The recipient (and any subrecipient at any tier) must document planned approaches to information sharing and describe
compliance with the GSP and appropriate privacy policy that protects shared information, or provide detailed
justification for why an alternative approach is recommended.
47. Avoidance of duplication of networks
To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information
sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent
possible, existing networks as the communication backbone to achieve interstate connectivity, unless the recipient can
demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the
functionality of an existing or proposed IT system.
48. Compliance with 28 C.F.R. Part 23
With respect to any information technology system funded or supported by funds under this award, the recipient (and
any subrecipient at any tier) must comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if
OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at
its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the
recipient may be fined as per 34 U.S.C. 10231(c)-(d). The recipient may not satisfy such a fine with federal funds.
OJP FORM 4000/2 (REV. 4-88)
Initial
Department of Justice (DOJ)
Office of Justice Programs
l
Bureau of Justice Assistance
PROJECT NUMBER 2020-DJ-BX-0440
AWARD CONTINUATION
SHEET
Grant
AWARD DATE 09/19/2020
SPECIAL CONDITIONS
49. Protection of human research subjects
PAGE 27 OF 31
The recipient (and any subrecipient at any tier) must comply with the requirements of 28 C.F.R. Part 46 and all OJP
policies and procedures regarding the protection of human research subjects, including obtainment of Institutional
Review Board approval, if appropriate, and subject informed consent.
50. Confidentiality of data
The recipient (and any subrecipient at any tier) must comply with all confidentiality requirements of 34 U.S.C. 10231
and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. The recipient further
agrees, as a condition of award approval, to submit a Privacy Certificate that is in accord with requirements of 28
C.F.R. Part 22 and, in particular, 28 C.F.R. 22.23.
51. Verification and updating of recipient contact information
The recipient must verify its Point of Contact(POC), Financial Point of Contact (FPOC), and Authorized
Representative contact information in GMS, including telephone number and e-mail address. If any information is
incorrect or has changed, a Grant Adjustment Notice (GAN) must be submitted via the Grants Management System
(GMS) to document changes.
52. Law enforcement task forces - required training
Within 120 days of award acceptance, each current member of a law enforcement task force funded with award funds
who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank,
must complete required online (internet-based) task force training. Additionally, all future task force members must
complete this training once during the period of performance for this award, or once every four years if multiple OJP
awards include this requirement.
The required training is available free of charge online through the BJA-funded Center for Task Force Integrity and
Leadership (www.ctfli.org). The training addresses task force effectiveness, as well as other key issues including
privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and
accountability. If award funds are used to support a task force, the recipient must compile and maintain a task force
personnel roster, along with course completion certificates.
Additional information regarding the training is available through BJA's web site and the Center for Task Force
Integrity and Leadership (www.ctfli.org).
53. Justification of consultant rate
Approval of this award does not indicate approval of any consultant rate in excess of $650 per day. A detailed
justification must be submitted to and approved by the OJP program office prior to obligation or expenditure of such
funds.
OJP FORM 4000/2 (REV. 4-88)
Initial
Department of Justice (DOJ)
Office of Justice Programs AWARD CONTINUATION
;'• Bureau of Justice Assistance SHEET PAGE 28 OF 31
Grant
PROJECTNUMBER 2020-DJ-BX-0440 AWARD DATE 09/19/2020
SPECIAL CONDITIONS
54. Submission of eligible records relevant to the National Instant Background Check System
Consonant with federal statutes that pertain to firearms and background checks -- including 18 U.S.C. 922 and 34
U.S.C. ch. 409 -- if the recipient (or any subrecipient at any tier) uses this award to fund (in whole or in part) a specific
project or program (such as a law enforcement, prosecution, or court program) that results in any court dispositions,
information, or other records that are "eligible records" (under federal or State law) relevant to the National Instant
Background Check System (NICS), or that has as one of its purposes the establishment or improvement of records
systems that contain any court dispositions, information, or other records that are "eligible records" (under federal or
State law) relevant to the NICS, the recipient (or subrecipient, if applicable) must ensure that all such court
dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS
are promptly made available to the NICS or to the "State" repository/database that is electronically available to (and
accessed by) the NICS, and -- when appropriate -- promptly must update, correct, modify, or remove such NICS-
relevant "eligible records".
In the event of minor and transitory non-compliance, the recipient may submit evidence to demonstrate diligent
monitoring of compliance with this condition (including subrecipient compliance). DOJ will give great weight to any
such evidence in any express written determination regarding this condition.
OJP FORM 4000/2 (REV. 4-88)
Initial
Department of Justice (DOJ)
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 29 OF 31
Grant
PROJECT NUMBER 2020-DJ-BX-0440 AWARD DATE 09/19/2020
SPECIAL CONDITIONS
55. Compliance with National Environmental Policy Act and related statutes
Upon request, the recipient (and any subrecipient at any tier) must assist BJA in complying with the National
Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental
impact analyses requirements in the use of these award funds, either directly by the recipient or by a subrecipient.
Accordingly, the recipient agrees to first determine if any of the following activities will be funded by the grant, prior
to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by
the award, the recipient agrees to contact BJA.
The recipient understands that this condition applies to new activities as set out below, whether or not they are being
specifically funded with these award funds. That is, as long as the activity is being conducted by the recipient, a
subrecipient, or any third party, and the activity needs to be undertaken in order to use these award funds, this condition
must first be met. The activities covered by this condition are:
a. New construction;
b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including
properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or
eligible for listing on the National Register of Historic Places;
c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic
prior use or (b) significantly change its size;
d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an
incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or
education environments; and
e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the
identification, seizure, or closure of clandestine methamphetamine laboratories.
The recipient understands and agrees that complying with NEPA may require the preparation of an Environmental
Assessment and/or an Environmental Impact Statement, as directed by BJA. The recipient further understands and
agrees to the requirements for implementation of a Mitigation Plan, as detailed at https://bja.gov/Funding/nepa.httnl, for
programs relating to methamphetamine laboratory operations.
Application of This Condition to Recipient's Existing Programs or Activities: For any of the recipient's or its
subrecipients' existing programs or activities that will be funded by these award funds, the recipient, upon specific
request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental
assessment of that funded program or activity.
56. Establishment of trust fund
If award funds are being drawn down in advance, the recipient (or a subrecipient, with respect to a subaward) is
required to establish a trust fund account. Recipients (and subrecipients) must maintain advance payments of federal
awards in interest -bearing accounts, unless regulatory exclusions apply (2 C.F.R. 200.305(b)(8)). The trust fund,
including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the
Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate the award
funds in the trust fund (including any interest earned) during the period of performance for the award and expend
within 90 days thereafter. Any unobligated or unexpended funds, including interest earned, must be returned to OJP at
the time of closeout.
OJP FORM 4000/2 (REV. 4-88)
Initial
i
Department of Justice (DOJ)
Office of Justice Programs AWARD CONTINUATION
? f. Bureau of Justice Assistance SHEET PAGE 30 OF 31
Grant
PROJECT NUMBER 2020-DJ-BX-0440 AWARD DATE 09/19/2020
SPECIAL CONDITIONS
57. Prohibition on use of award funds for match under BVP program
JAG funds may not be used as the 50% match for purposes of the DOJ Bulletproof Vest Partnership (BVP) program.
58. Certification of body armor "mandatory wear" policies
If recipient uses funds under this award to purchase body armor, the recipient must submit a signed certification that
law enforcement agencies receiving body armor purchased with funds from this award have a written "mandatory
wear" policy in effect. The recipient must keep signed certifications on file for any subrecipients planning to utilize
funds from this award for ballistic -resistant and stab -resistant body armor purchases. This policy must be in place for
at least all uniformed officers before any funds from this award may be used by an agency for body armor. There are no
requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officers
while on duty.
59. Body armor - compliance with NIJ standards and other requirements
Ballistic -resistant and stab -resistant body armor purchased with JAG award funds may be purchased at any threat
level, make or model, from any distributor or manufacturer, as long as the body armor has been tested and found to
comply with applicable National Institute of Justice ballistic or stab standards and is listed on the NIJ Compliant Body
Armor Model List (https://nij.gov/topics/technology/body-armor/Pages/compliant-ballistic-armor.aspx). In addition,
ballistic -resistant and stab -resistant body armor purchased must be made in the United States and must be uniquely
fitted, as set forth in 34 U.S.C. 10202(c)(1)(A). The latest NIJ standard information can be found here: https:/ / nij.gov/
topics/ technology/ body -armor/ pages/ safety-initiative.aspx.
60. Body armor - impact on eligibility for other program funds
The recipient understands that the use of funds under this award for purchase of body armor may impact eligibility for
funding under the Bulletproof Vest Partnership (BVP) program, a separate program operated by BJA, pursuant to the
BVP statute at 34 USC 10531(c)(5).
61. Reporting requirements
The recipient must submit quarterly Federal Financial Reports (SF-425) and semi-annual performance reports through
OJP's GMS (https://grants.ojp.usdoj.gov). Consistent with the Department's responsibilities under the Government
Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, the recipient must provide data that
measure the results of its work. The recipient must submit quarterly performance metrics reports through BJA's
Performance Measurement Tool (PMT) website (https://bjapmt.cjp.gov0. For more detailed information on reporting
and other JAG requirements, refer to the JAG reporting requirements webpage. Failure to submit required JAG reports
by established deadlines may result in the freezing of grant funds and future High Risk designation.
62. Required data on law enforcement agency training
Any law enforcement agency receiving direct or sub -awarded funding from this JAG award must submit quarterly
accountability metrics data related to training that officers have received on the use of force, racial and ethnic bias, de-
escalation of conflict, and constructive engagement with the public.
OJP FORM 4000/2 (REV. 4-88)
Initial
Department of Justice (DOJ)
Office of Justice Programs AWARD CONTINUATION
i Bureau of Justice Assistance SHEET PAGE 31 OF 31
" Grant
PROJECT NUMBER 2020-DJ-BX-0440 AWARD DATE 09/19/2020
SPECIAL CONDITIONS
63. Expenditures prohibited without waiver
No funds under this award may be expended on the purchase of items prohibited by the JAG program statute, unless, as
set forth at 34 U.S.C. 10152, the BJA Director certifies that extraordinary and exigent circumstances exist, making such
expenditures essential to the maintenance of public safety and good order.
64. JAG FY 2020 - Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or after
October 1, 2019 [BJA]
Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or after October 1, 2019
The recipient may obligate (federal) award funds only after the recipient makes a valid acceptance of the award. As of
the first day of the period of performance for the award (October 1, 2019), however, the recipient may choose to incur
project costs using non-federal funds, but any such project costs are incurred at the recipient's risk until, at a
minimum-- (1) the recipient makes a valid acceptance of the award, and (2) all applicable withholding conditions are
removed by OR (via a Grant Adjustment Notice). (A withholding condition is a condition in the award document that
precludes the recipient from obligating, expending, or drawing down all or a portion of the award funds until the
condition is removed.)
Except to the extent (if any) that an award condition expressly precludes reimbursement of project costs incurred "at -
risk," if and when the recipient makes a valid acceptance of this award and OR removes each applicable withholding
condition through a Grant Adjustment Notice, the recipient is authorized to obligate (federal) award funds to reimburse
itself for project costs incurred "at -risk" earlier during the period of performance (such as project costs incurred prior to
award acceptance or prior to removal of an applicable withholding condition), provided that those project costs
otherwise are allowable costs under the award.
65. Use of funds for DNA testing; upload of DNA profiles
If award funds are used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded
to the Combined DNA Index System ("CODIS," the DNA database operated by the FBI) by a government DNA
laboratory with access to CODIS.
No profiles generated under this award may be entered or uploaded into any non -governmental DNA database without
prior express written approval from BJA.
Award funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNA profiles may
be accepted for entry into CODIS.
66. Encouragement of submission of "success stories"
BJA strongly encourages the recipient to submit annual (or more frequent) JAG success stories. To submit a success
story, sign in to a My BJA account at https:/ / www.bja.gov/ Login.aspx to access the Success Story Submission form. If
the recipient does not yet have a My BJA account, please register at https:/ / www.bja.gov/ profile.aspx. Once
registered, one of the available areas on the My BJA page will be "My Success Stories." Within this box, there is an
option to add a Success Story. Once reviewed and approved by BJA, all success stories will appear on the BJA Success
Story web page at https:/ / www.bja.gov/ SuccessStoryList.aspx.
OJP FORM 4000/2 (REV. 4-88)
Initial
Department of Justice (DOJ)
Office of Justice Programs
Bureau of Justice Assistance
Washington, D.C. 20531
Memorandum To: Official Grant File
From: Orbin Terry, NEPA Coordinator
Subject: Incorporates NEPA Compliance in Further Developmental Stages for City of
Fayetteville
The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and local governments to
support a broad range of activities to prevent and control crime and to improve the criminal justice system, some of
which could have environmental impacts. All recipients of JAG funding must assist BJA in complying with NEPA
and other related federal environmental impact analyses requirements in the use of grant funds, whether the funds
are used directly by the grantee or by a subgrantee or third party. Accordingly, prior to obligating funds for any of
the specified activities, the grantee must first determine if any of the specified activities will be funded by the
grant.
The specified activities requiring environmental analysis are:
a. New construction;
b. Any renovation or remodeling of a property located in an environmentally or historically sensitive area,
including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a
property listed on or eligible for listing on the National Register of Historic Places;
c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic
prior use or (b) significantly change its size;
d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as
an incidental component of a funded activity and (b) traditionally used, for example, in office, household,
recreational, or education environments; and
e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the
identification, seizure, or closure of clandestine methamphetamine laboratories.
Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental
Impact Statement, as directed by BJA. Further, for programs relating to methamphetamine laboratory operations,
the preparation of a detailed Mitigation Plan will be required. For more information about Mitigation Plan
requirements, please see https://www.bja.gov/Funding/nepa.html.
Please be sure to carefully review the grant conditions on your award document, as it may contain more specific
information about environmental compliance.
Initial
Department of Justice (DOJ)
GRANT MANAGER'S MEMORANDUM, PT. I:
Office of Justice Programs
PROJECT SUMMARY
Bureau of Justice Assistance
Grant
PROJECT NUMBER
PAGE 1 OF 1
2020-DJ-BX-0440
This project is supported under FY20(BJA - JAG State and JAG Local) Title I of Pub. L. No. 90-351 (generally codified at 34 U.S.C. 10101-10726), including
subpart 1 of part E (codified at 34 U.S.C. 10151 - 10158); see also 28 U.S.C. 530C(a)
1. STAFF CONTACT (Name & telephone number)
2. PROJECT DIRECTOR (Name, address & telephone number)
Dawn K. Hill
Willie Newman
(202) 598-7513
Fiscal Officer
100 West Rock Street
Fayetteville, AR 72701-6057
(479)587-3581
3a. TITLE OF THE PROGRAM
3b. POMS CODE (SEE INSTRUCTIONS
JAG Local; Eligible Allocation Amounts $25,000 or More
ON REVERSE)
4. TITLE OF PROJECT
2020 JAG Local Solicitation
5. NAME & ADDRESS OF GRANTEE
6. NAME & ADRESS OF SUBGRANTEE
City of Fayetteville
100 W Rock Street Suite A
Fayetteville, AR 72701-6191
7. PROGRAM PERIOD
8. BUDGET PERIOD
FROM: 10/01/2019 TO: 09/30/2023
FROM: 10/01/2019 TO: 09/30/2023
9. AMOUNT OF AWARD
10. DATE OF AWARD
$ 49,439
09/19/2020
11. SECOND YEAR'S BUDGET
12. SECOND YEAR'S BUDGET AMOUNT
13. THIRD YEAR'S BUDGET PERIOD
14. THIRD YEAR'S BUDGET AMOUNT
15. SUMMARY DESCRIPTION OF PROJECT (See instruction on reverse)
The Edward Byrne Memorial Justice Assistance Grant (JAG) Program allows states and units of local government, including tribes, to support a broad range of
activities to prevent and control crime based on their own state and local needs and conditions. Grant funds can be used for state and local initiatives, technical
assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice, including for any one or more of the
following program areas: 1) law enforcement programs; 2) prosecution and court programs; 3) prevention and education programs; 4) corrections and community
corrections programs; 5) drug treatment and enforcement programs; 6) planning, evaluation, and technology improvement programs; and 7) crime victim and
witness programs (other than compensation) and 8) mental health programs and related law enforcement and corrections programs.
This JAG award will be used to support criminal justice initiatives that fall under one or more of the allowable program areas above. Funded programs or initiatives
may include multijurisdictional drug and gang task forces, crime prevention and domestic violence programs, courts, corrections, treatment, justice information
OJP FORM 4000/2 (REV. 4-88)
Initial
Initial
City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar)
Budget Year Division Adjustment Number
/Org2 POLICE (200)
2020
Requestor: W. Newman
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
Establish revenue and expense budgets for reconciliation of the 2020 Justice Assistance Grant Local Solicitation award.
COUNCIL DATE:
LEGISTAR FILE ID#:
10/20/2020
2020-0806
H oRy 3lac�
9/28/2020 11:46 AM
Budget Director Date
TYPE:
JOURNAL #:
GLDATE:
RESOLUTION/ORDINANCE
I
CHKD/POSTED:
TOTAL
49,439 49,439
v.20200820
Increase / (Decrease)
Proiect.Sub#
Account Number
Expense Revenue
Project
Sub.Detl
AT
Account Name
1010.200.2920-4309.01
- 49,439
39022
2020
RE
Federal Grants - Operational
1010.200.2920-5210.00
12,800 -
39022
2020
EX
Minor Equipment
1010.200.2920-5304.00
22,940 -
39022
2020
EX
Travel & Training
1010.200.2920-5738.00
13,699 -
39022
2020
EX
Transfer to - Washington County Sheriff
H:\Budget Adjustments\2020_Budget\City Council\ 1 0-20-2020\2020-0806 Police JAG award 1 of 1
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2020-0824
Agenda Date: 10/20/2020 Version: 1 Status: Agenda Ready
In Control: City Council Meetinq File Type: Resolution
Agenda Number: A.16
2021 SELECTIVE TRAFFIC ENFORCEMENT PROGRAM GRANT:
A RESOLUTION TO AUTHORIZE ACCEPTANCE OF A 2021 SELECTIVE TRAFFIC
ENFORCEMENT PROGRAM GRANT IN THE AMOUNT OF $99,400.00, AND TO APPROVE A
BUDGET ADJUSTMENT
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 acceptance of a 2021
Selective Traffic Enforcement Program (STEP) grant award in the amount of $99,400.00.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a
copy of which is attached to this Resolution, recognizing the revenue.
City of Fayetteville, Arkansas Page 1 Printed on 1011512020
Mike Reynolds
Submitted By
City of Fayetteville Staff Review Form
2020-0824
Legistar File ID
10/20/2020
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
10/2/2020 POLICE (200)
Submitted Date Division / Department
Action Recommendation:
Staff recommends acceptance of the FY2021 Selective Traffic Enforcement Project (STEP) Grant Award and
approval of a budget adjustment in the amount of $99,400.
Budget Impact:
1010.200.2920-various General
Account Number Fund
31607-2021-4302/4309
Project Number
Budgeted Item? No
Does item have a cost? NA
Budget Adjustment Attached? Yes
Police STEP Grant
Project Title
Current Budget $ -
Funds Obligated $ -
Current Balance `> k
Item Cost
Budget Adjustment $ 99,400.00
Remaining Budget 99,400.00
V20180321
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number:
Original Contract Number:
Approval Date:
Comments:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF OCTOBER 20, 2020
TO: Mayor and City Council
CITY COUNCIL MEMO
sU_
AaA.-
FROM: Mike Reynolds, Chief of Police
DATE: October 2, 2020
SUBJECT: FY2021 Selective Traffic Enforcement Project (STEP) Grant Award
RECOMMENDATION:
Staff recommends acceptance of the FY2021 Selective Traffic Enforcement Project
(STEP) Grant Award and approval of a budget adjustment in the amount of $99,400.
BACKGROUND:
The Fayetteville Police Department has participated in STEP every year since its
inception in 1998. For 23 years, we have partnered through grant funding with the Arkansas
Highway Safety Office in an effort to reduce the total number of motor vehicle crashes, injuries
and fatalities. Our primary strategy for reaching our mutual goals is through dedicated and
diligent enforcement of occupant protection and DWI/DUI laws. This is accomplished by
dedicating patrol officer(s) to monitor STEP activity for a given period of time in known problem
areas. In addition to increased law enforcement, this grant funding allows us to participate in
directed DWI patrols, Click It or Ticket protection mobilizations, purchase additional equipment,
provide child safety seat checkpoints, and a loaner child safety seat for those in need.
DISCUSSION:
The FY2021 STEP Grant Award is based on local in -kind match of expenses and an
award of $96,400 in federal and $3,000 in state grant funding. Local in -kind matching funds
required for the FY2021 STEP grant are in the total amount of $24,100. In -kind expenses are
defined as on -duty regular patrol shift hours dedicated to STEP activity; furthermore, this grant
will reimburse the City for overtime hours dedicated to STEP activity. The grant period for this
award is October 1, 2020 to September 30, 2021. STEP is a very important program and
funding source for the Fayetteville Police Department. Through dedicated STEP activity during
our shift hours, our Department can meet the in -kind matching funds required of this grant
award. Furthermore, the loss of this grant funding would have an adverse effect on community
safety. Recent year-to-date figures from the Arkansas Highway Safety office shows a sharp
increase in single vehicle accident fatalities in 2020 with speed as a contributing factor.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
BUDGET/STAFF IMPACT:
In -kind expenses in the amount of $24,100 are budgeted annually within our operating
budget. Our salary expense will not increase; patrol officers will perform matching STEP
activities while on duty. Furthermore, no additional officers are required within the STEP grant.
Attachments:
Budget Adjustment
FY2021 STEP Grant Award Documents
State of Arkansas
Governor Asa Hutchinson
i
ARKANSAS STATE POLICE- -
1 State Police Plaza Drive Little Rock, Arkansas 72209-4822 www.asp.arkansas.gov
Jam! Cook William J. Bryant
Secretary SERVING WITH PRIDE AND DISTINCTION SINCE 1935" Director
FY 2021 HIGHWAY SAFETY SUBGRANT AGREEMENT
RECIPIENT
Fayetteville Police Department
Telephone: (479) 587-3581
Fax: (479) 587-3570
TAX ID NO:
71 - 6018462
TYPE OF APPLICATION
Initial
Revision
X Continuation
INITIAL PROJECT STARTING DATE
GOVERNMENTAL UNIT
100 West Rock Street
Fayetteville Arkansas 72701
Washington County
OP-2021-02-02-08
S E-2021-01-01-08
DD-2021-02-02-08
M5X-2021-06-06-08
FAIN: 69A3752130000405EARC
69A3752130000405DARM
69A37521300004020AR0
DUNS NO: 75657742
PROJECT TITLE:
Selective Traffic Enforcement Program FY2020
10/01/1999 OPERATIONAL AREA OF PROJECT
Fayetteville
AMOUNT Police Dept
COST CATEGORY FEDERAL STATE LOCAL PROJECT PERIOD FUNDING PERIOD
Personal Services $91,700.00 $17,000.00 From: 10/01/2020 From: 10/01/2020
Equipment Tn• 09/30/2021 To: 09/30/2021
$4,700.00
Maintenance &
Operation
Other Direct Costs
Indirect Cost
Administrative Costs
Total
$3,000.00
$7,100.00 SOURCE.
Federal
State
Local
$96,400.00 $3,000.00 $24,100.00 Total
Page 1 of 10
FUNDING
AMOUNT
$96,400.00
$3,000.00
$24,100.00
$123,500.00
ARKANSAS STATE POLICE
HIGHWAY SAFETY SUBGRANT AGREEMENT
TABLE OF CONTENTS
Page
BACKGROUND............................................................................................................................................ 3
PROBLEMSTATEMENT..............................................................................................................................3
GOALS........................................................................................................................................................... 4
SCOPEOF WORK.........................................................................................................................................4
WORKSTATEMENT..................................................................................................................................... 5
ACCEPTANCE AND AUTHORIZATION TO PROCEED.........................................................................10
SUB -GRANT AGREEMENT/CONTRACT TERMS.................................................................. Appendix i
CERTIFICATIONS AND ASSURANCES................................................................................... Appendix ii
BUDGET REQUEST AND LOCAL MATCH........................................................................... Appendix iii
Agreement Prepared By: Michael Catanach
Title: Program Manager
Arkansas State Police
Arkansas Highway Safety Office
1 State Police Plaza Drive
Little Rock, AR 72209
(501) 618-8137
(501) 618-8124 fax
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ARKANSAS STATE POLICE
HIGHWAY SAFETY SUBGRANT AGREEMENT
BACKGROUND
The State of Arkansas is taking increased steps to address safety on the State's roadways as part of an
effort to implement innovative strategies to reduce traffic fatalities throughout the State. The Arkansas
Highway Safety Office (AHSO) considers safety issues by focusing on behavioral aspects at the driver
level. The goal is to reduce highway fatalities by better identifying driver behaviors that cause fatal
crashes, implementing programs to address those behaviors and targeting locations where fatal crashes
occur.
Based on a five-year average (2014 - 2018), 524 people lose their lives each year on Arkansas
roadways. In 2018, there were 516 total traffic fatalities compared to 525 the previous year. Over the
same five years, alcohol -related fatalities (fatalities involving a driver or motorcycle operator with a
BAC of .08 or greater) averaged 141 per year. There were 134 alcohol -related fatalities in 2018.
An additional area of concern is occupant protection where in 2018 there were 177 unrestrained
passenger vehicle occupant fatalities. In 2018, Arkansas' safety belt use rate was 78%, while the
National use rate stood at 91 %. Arkansas' safety belt use rate increased to 81.9% in 2019.
Also of concern are speed -related fatalities where in 2018, 131 people died as a result of speed -related
crashes.
Strict enforcement of the State's traffic laws, through Selective Traffic Enforcement Projects (STEP),
has been proven effective in reducing traffic crashes and fatalities. The State will continue to use this
strategy to address its traffic safety problems.
PROBLEM STATEMENT
The Fayetteville Police Department began a proactive approach to collision reduction which included
implementation of the STEP through a grant with the AHSO. The Department wishes to continue to operate
aggressive and sustained selective traffic enforcement, as well as, participate in the State's Imparied Driving, Seat
Belt and Speed mobilizations/campaigns.
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ARKANSAS STATE POLICE
HIGHWAY SAFETY SUBGRANT AGREEMENT
SCOPE OF WORK
PROJECTGOALS. The overall goal of this project is to decrease the number of traffic -related crashes and
fatalities by conducting a Selective Traffic Enforcement Project in Washington County. The goal for each
component of this project is as follows: Alcohol Component (Section 405)- Reduce the annual number of
alcohol -related crashes from 256 and reduce alcohol -related fatalities from 7 as recorded in 2018. Seat Belt
Component (Section 402)- Increase seat belt use from 93% as recorded in 2019. Speed Component (Section 402)-
Reduce the annual number of speed -related crashes from 438 and reduce speed -related fatalities from 4 as
recorded in 2018.
SUIVIIVIARY OF PROJECT OBJECTIVES: This projects primary objectives are to achieve as average
of two (2) - three (3) vehicles stops per hour per officer during seat belt enforcement (with an emphasis on
enforcement of occupant restraint laws); two (2) - three (3) vehicle stops per hour per officer during speed
enforcement; two (2) — three (3) vehicle stops per hour per officer during distracted driving enforcement; and
one (1) DWI/DUI arrest per eight (8) — twelve (12) hours per officer during DWI/DUI enforcement. A public
information and education program will support these objectives.
METHOD OF EVALUATION BY ASPIIISO
ADMINISTRATIVE: X
IMPACT EVALUATION: X By achievement of project objectives.
REIMBURSEMENT LIMITS
ASP/AHSO will reimburse the recipient an 1. Maximum amount eligible for reimbursement:
amount equal to % of all eligible Federal Funds: $96,400.00
cost.
State Funds: $3,000.00
X ASP/AHSO will reimburse the recipient an
amount equal to all eligible costs as 2. Only those orders placed and costs incurred
identified in work statement. during the following time period shall be eligible
for reimbursement:
(Date) 10/01/2020 to (Date) 0913012021
3. The recipient must bear all costs not eli 'ble for
Federal reimbursement.
Federal and State regulations shall be the basis for determining eligibility of costs, as detailed in the
General Provisions and Subgrant Agreement/Contract Terms.
This agreement may be amended only by written notice in advance and in accordance with
ASP/AHSO policy. (See Subgrant Agreement/Contract Terms).
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ARKANSAS STATE POLICE
HIGHWAY SAFETY SUBGRANT AGREEMENT
WORK STATEMENT
A. The recipient, Fayetteville Police Department in exchange for consideration offered by the Arkansas State
Police Highway Safety Office, hereafter referred to as the Arkansas Highway Safety Office (AHSO), and in
the interest of improving highway safety, hereby agrees to pursue the achievement of the following
objectives:
1. Appoint a Project Coordinator to be a liaison between the recipient and the (AHSO) and to be
responsible for coordinating selective enforcement activities and financial transactions associated with this
subgrant agreement. Herein, give signature authorization for the Project Coordinator to request reimbursement
and agreement change orders when applicable. Compensation for the Project Coordinator will be from local
funds.
2. Project Coordinator, or designee, will work with their designated AHSO Program Manager to ensure
they understand State, Federal and Highway Safety Office policies and procedures.
3. Ensure that agency maintains an enforced seat belt policy and provides the AHSO a copy of any
revisions to the policy.
4. Conduct selective enforcement of the State's seat belt, driving while intoxicated (DWI)/driving under the
influence (DUI), speed limit, child passenger protection, distracted driving and motorcycle helmet laws. Officers
are to ensure compliance with the State's seat belt and child restraint laws during all vehicle stops.
Enforcement should target locations where fatal/serious injury crashes are occurring.
5. Seat belt enforcement (from 6:00 a.m. until 9:00 p.m.) will emphasize enforcement of seat belt and
child restraint laws.
Speed enforcement (from 6:00 a.m. until 9:00 p.m.) will emphasize speed violations.
Distracted Driving enforcement (from 6:00 a.m. to 9:00 p.m.) will emphasize distracted driving violations.
DWI/DUI enforcement will emphasize enforcement of DWI/DUI laws and start no earlier than 9:00 p.m. and end
no later than 6:00 a.m. any day of the week. Participating officers are expected to average two vehicle stops per
hour when not actively processing a DWI arrest during DWI enforcement.
The AHSO retains the right to limit or modify enforcement hours and days at its discretion and as necessary to
help projects meet performance objectives as stated in Work Statement six (6). Agencies may request
modifications to enforcement hours forAHSO approval based on problem identification. Also, during the
enforcement mobilizations in Work Statement 7, the enforcement time restrictions cited above do not apply and
Seat Belt, DWI/DUI, Speed and Distracted Driving may be enforced day or night. For example: During the
National Labor Day DWI Mobilization, DWI/DUI enforcement is not limited to 9:00 p.m. to 6:00 a.m., but may be
worked anytime day or night during the mobilization.
Officers working on the project are expected to enforce all the laws cited in this agreement during seat belt,
speed, DWI/DUI and Distracted Driving enforcement.
6. Performance objectives for the project and individual participating officers are as follows:
Seat Belt/Speed/Distracted Driving: two (2) to three (3) stops per hour; DWI/DUI: 1 DWI arrest per eight (8) to
twelve (12) hours.
Nothing in this agreement shall be interpreted as a requirement, formal or informal, that an officer issue a
specific or predetermined number of citations in pursuance of the organization's obligations here under. The
organization agrees to complete the above stated objectives in addition to completing the normal routine agency
traffic enforcement activities.
7. Participate in two (2) Seat Belt, three (3) DWI/DUI, one (1) Speed and two (2) Distracted Driving
mobilization(s) during the project period. Must participate in the public information and education (PI&E)
activities (press conferences/news releases) in conjunction with the mobilization activities. An informal seat belt
survey conducted by the agency will also precede and follow each seat belt mobilization for evaluation
purposes. Mobilization dates are as follows, but are subject to change.
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ARKANSAS STATE POLICE
HIGHWAY SAFETY SUBGRANT AGREEMENT
• National Distracted Driving Mobilization - October 5 - 12, 2020
• National Seat Belt Mobilization - November 16 — 29, 2020
• National Winter DWI Mobilization - December 18, 2020 - January 1, 2021*
• Distracted Driving Mobilization - April 5 - April 12, 2021
• National Memorial Day Seat Belt Mobilization - May 17 — June 6, 2021
• State July 4th Holiday DWI Mobilization - June 30 - July 5, 2021
• State Speed Mobilization - July 12 -18, 2021
• National Labor Day DWI Mobilization - August 20 - September 6, 2021*
*Conduct checkpoints and/or saturation patrols on at least four days/nights during the National DWI
mobilizations.
Participation in all State, National and Regional Mobilizations is a required activity of this grant agreement.
Project activity should be managed to ensure that sufficient funds are available to participate in these
mobilizations. Submit a mobilization report within 15 days after a mobilization period in accordance with the
format provided by the AHSO. Agency is urged to participate in sobriety checkpoints and/or saturation patrols
during all DWI/DUI mobilizations. Officers are not restricted to the enforcement times cited in Work Statement 6
during the mobilizations.
8. Conduct Public Information and Education (PI&E) activities to support the objectives of this project.
These activities will include, but are not limited to, issuing a news release at the beginning of the project period
to notify the community of the project activities, conducting a minimum of two media exposures for each
mobilization e.g., news conferences, news releases, social media posts, interviews, reporter ride-alongs and
participating in a minimum of two (2) other community activities e.g., community events, health fairs, booths,
civic/school/employer presentations during the year. Please click on www.trafficsafetymarketing.gov for
materials to assist you in conducting these activities.
9. The only costs eligible for reimbursement are selective enforcement (which includes officer pay and
applicable benefits), child safety seats (see Work Statement 10) and pre -approved equipment (see Work
Statement 11). The recipient will be reimbursed for officers working selective traffic enforcement at a rate that
does not exceed one and one-half times the officer's regular hourly rate. Reimbursement is limited to one officer
per patrol vehicle. Officers may also be compensated at the selective enforcement rate for hours spent
conducting seat belt surveys associated with mobilizations and time spent working at clinics associated with
the proper installation of child safety seats. Hours spent conducting seat belt surveys, participating in sobriety
checkpoints, or working at child safety seat clinics will not be used when calculating enforcement performance
and should be reported separately on the supplemental monthly report form. Officers compensated through this
agreement shall work strictly within the scope of this project while performing duties in connection with and
being funded by this agreement. Hours worked on and compensated through this agreement must not supplant
(be a substitute for) regular officer hours and pay. Routine patrol functions, including crash investigations, will be
assigned to personnel on regular duty. Should a project officer become involved in routine patrol functions while
conducting selective enforcement, the officer will be compensated from other funds. No part-time personnel can
be compensated through this agreement. Note: Consistent with federal guidelines officers working Selective
Enforcement should be compensated in accordance with recipient overtime policy and nothing in this agreement
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HIGHWAY SAFETY SUBGRANT AGREEMENT
should be interpreted as authority to violate agency policy. Submit to the AHSO any revisions to agency
overtime policy within 30 days of the effective date of the revision.
10. If child safety seats are an approved budget line item on the invoice forms, purchase and loan child
safety seats in accordance with AHSO policy. Seats must be purchased no later than February 28, 2021.
Invoices for the seats must be submitted to the AHSO within 30 days of purchase. All purchases must be in
compliance with federal, state and local purchasing laws and regulations.
11. If equipment is an approved budget line item on the invoice forms, purchase the following equipment to
assist with the enforcement effort:
EQUIPMENT: One (1) Portable Pole Mounted Speed Display at $3,800 each and two (2) PBTs at $450
each to be used during overtime traffic enforcement. Priority use of this equipment shall be given to those
officers actively working STEP enforcement. Assurance is provided herein that throughout the life expectancy of
this equipment, it will be used for the purposes expressed or implied in this agreement. All purchases must be
in compliance with federal, state and local purchasing laws and regulations and if applicable, be listed on the
National Highway Traffic Safety Administration's current Conforming Products List of Evidential Breath and
Speed Measurement Devices. ALL equipment purchases must be pre -approved in writing and must comply
with the Buy America Act.
12. Ensure that all officers working on this project have successfully completed the National Highway Traffic
Safety Administration's approved courses on occupant protection usage and enforcement (OPUE) or traffic
occupant protection strategies (TOPS) training and standardized field sobriety testing (SFST) during the project
period.
13. Ensure that all officers working this project are familiar with Arkansas Code Annotated (A. C. A.) 27-37-
701 thru 27-37-707 (the mandatory seat belt law). A violation of the mandatory seat belt law is a "primary"
offense for enforcement purposes.
14. Ensure that all officers working on this project are familiar with A.C.A. 27-34-101 thru 27-34-108 (the
"Child Passenger Protection Act'). Children under the age of fifteen (15) years must be restrained and any child
under six (6) years of age and under sixty (60) pounds in weight must be restrained in a child safety seat.
Violation of this law is a primary offense, meaning that a vehicle may be stopped if there is probable cause to
believe that the law is being violated.
15. Ensure that all officers working on this project are familiar with Act 561 of 2001 (the ".08 BAC law").
Persons arrested for violation of A.C.A. 5-65-103 and 5-56-205 shall be determined to be DWI arrests. Youthful
offenders arrested for violation of A.C.A. 5-65-303 shall be determined to be DUI arrests.
16. Ensure that all officers working on this project are familiar with laws concerning Distracted Driving. Act
738 of 2019 amends A.C.A. 27-51-1501 thru 27-51-1506 and 27-51-1601 thru 27-51-1610 to comply with
distracted driving requirements under Federal law. These laws prohibit the use of wireless communication
devices for texting while driving; limit wireless communication device use by young drivers: prohibit wireless
communication device use by drivers under eighteen years of age and drivers who are at least eighteen but
under twenty-one years of age from using wireless communication devices (allows drivers who are at least
eighteen but under twenty one years of age to use hands -free wireless telephones or devices); and to improve
the safety of highways and roads by prohibiting wireless communication device use in school zones and
highway work zones.
17. Ensure department implements policies and internal controls to prevent fraud and misuse of grant
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HIGHWAY SAFETY SUBGRANT AGREEMENT
funds.
18. Submit monthly reimbursement requests, local match reporting form and activity reports, including
PAE activities, along with a cover letter(s) by the 30th of the subsequent month in accordance with formats
provided by the AHSO. Also include with the reimbursement requests as back-up supporting documentation,
payroll summary sheets which accurately reflects payroll disbursed by the agency for STEP for the time period
requested and invoices for any eligible items purchased (i.e. child safety seats) along with proof of payment (i.e.
copy of the check). The summary sheets must record each officer who worked, dates they worked, number of
hours worked for each date, regular and overtime pay rates, applicable fringe rates and be signed by both the
project coordinator and an agency payroll or fiscal department representative. An Annual Project Activity Report
will be submitted in accordance with the format provided by the AHSO. This annual report and the final
reimbursement request are due within 30 days following the end of the project period. Final reimbursement will
not be made until a satisfactory annual report is submitted.
19. Create a project file for maintaining the agreement and financial documents. The file will contain a copy
of this agreement, agreement terms, and officers signed the Acknowledgement Form. Related AHSO policies
and procedures, policies or procedures of the recipient related to this project's activities, copies of monthly
activity reports, AHSO STEP daily worksheets, reimbursement requests, payroll summary sheets outlined in
Work Statement 18, other supporting financial documentation such as payroll printouts and invoices, a copy
correspondence relating to the agreement, and documentation of public information activities should also be
included in this file. The file must be maintained in one location and is subject to review by State and Federal
authorities responsible for oversight of this agreement. Copies of time sheets, original AHSO STEP daily
worksheets, and citations for all officers paid through this agreement must be kept in this file. Time sheets must
have officer's and supervisor's signatures with attached supporting documents. AHSO STEP daily worksheets
must be completed properly and have the officer's and a supervisor's signature to be eligible and approved for
reimbursement.
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HIGHWAY SAFETY SUBGRANT AGREEMENT
WORK STATEMENT
B. The Arkansas Highway Safety Office (AHSO) hereby agrees to perform the following activities:
1. Reimburse the recipient for all eligible costs incurred in accordance with provisions stated in the
Subgrant Agreement/Contract Terms.
An analysis of reimbursable costs is provided in the attached Subgrantee Budget Request Form.
2. Provide reasonable consultative assistance to the recipient to aid in the achievement of project
objectives.
3. Conduct administrative and/or on -site evaluations to assess the effectiveness of the project. Evaluations
will include, but are not limited to, a review of activity reports examining progress toward objectives stated
in the work statement, reimbursement requests, fiscal management and on -site monitoring visits.
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HIGHWAY SAFETY SUBGRANT AGREEMENT
ACCEPTANCE AND AUTHORIZATION TO PROCEED
It is understood and agreed by the undersigned that a subgrant received for this agreement is subject to the Fixing
America's Surface Transportation (FAST) Act, subsequent U.S. Department of Transportation funding
reauthorization, and all administrative regulations governing this grant established by the U.S. Department of
Transportation approved in accordance with 2 CFR Part 1201 subject to the availability of Federal funds. It is
further understood that any State funds utilized within are subject to all applicable State regulations and are
likewise subject to their availability. It is expressly agreed that this agreement including the Appendix i (Subgrant
Agreement/Contract Terms) and Appendix ii (Certifications and Assurances), constitute an official part of the
State's Highway Safety Program and that said recipient will meet the requirements as set forth herein.
The recipient Fayetteville Police Department has appointed the following official representatives with legal
authority to accept this subgrant agreement.
A. SUBGRANT DIRECTOR
1. Signature: Ak 404L=
2. Name: Mike Reynolds
3. Title: Chief of Police
4. Date:
B. AUTHORIZING OFFICIAL
1. Signature:
2. Name: Lioneld Jordan
3. Title: Mayor
4. Date:
Approval to proceed, effective 10/01/2020 to 09/30/2021 with committed Federal funds of $96,400.00 and State
funds of $3,000.00, given by the State Official responsible to the Governor for administration of the State
Highway Safety Program:
Approved:
Director, Arkansas State Police
and
Governor's Highway Safety Representative
Date
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Appendix i
ARKANSAS STATE POLICE
HIGHWAY SAFETY OFFICE
GENERAL PROVISIONS AND
SUBGRANT AGREEMENT/CONTRACT TERMS
The terms below are hereby included as part of this subgrant agreement/contract.
I.
Glossary of Definitions
II.
Changes
III.
Disputes
IV.
Conditions for Termination Prior to Completion
V.
Excusable Delays
VI.
Non -Collusion
VII.
Cost Provisions
VIII.
Uniform Administrative Requirements
IX.
Method of Payment
X.
Terms and Conditions of Payment
XI.
Inspection/Monitoring
XII.
Property Management
XIII.
Record Retention
XIV.
Ownership of Data and Creative Material
XV.
Reports
XVI.
Equal Opportunity
XVII.
Subcontractual
XVIII.
Utilization of Small Business Concerns
XIX.
Order of Precedence
XX.
Subgrant's/Contractor's Liability
XXI.
Save Harmless
XXII.
Tax and Compensation Liability
XXIII.
Reimbursement of Eligible Expenditures
XXIV.
Application of Hatch Act
XXV.
Standards for Contractor Financial Management System
XXVI.
Procurement
XXVII.
Procurement Procedures - Breath Testing Equipment
XXVIII.
Minority Business Enterprise
XXIX.
Payroll Procedures
XXX.
Travel Procedures
XXXI.
Confidentiality Requirements
XXXII.
Professional Services Contract
=III.
Indirect Costs
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ARKANSAS STATE POLICE
HIGHWAY SAFETY OFFICE
GENERAL PROVISIONS AND SUBGRANT AGREEMENT/CONTRACT TERMS
I. GLOSSARY OF DEFINITIONS
This glossary defines those terms whose meanings may be unclear in the subgrant agreement/contract
in which they are used. These definitions are meant to apply only to the usage of these terms in this
subgrant agreement/contract.
Activi - Elements of work that accumulate to accomplish contract objectives.
Activity Number - A number assigned by the HSO for internal management.
Actual - The attained state of resources expended and/or accomplishments.
Ark. Code Ann. - Arkansas Code Annotated.
ASP - Arkansas State Police.
Authorbing Officiak - The Contractor's or Subgrantee legally appointed person authorized to commit
the organization to contract or subgrant agreement.
Budgeted - The estimated level of expenditure set up in the contract.
CFR - Code of Federal Regulation.
Contractor - The State agency, county, city, quasi -public organization, private individual, or
corporation entering into a contract with the HSO.
Contract Director - The duly authorized representative of the Contractor charged with the
responsibility of executing the contract.
Contract Period - The period of time in which all activities specified in the contract must be
performed.
Coordinator/Administrator - The State official appointed by the Governor's Representative for
Highway Safety to be responsible for the Highway Safety Program.
Cost Incurred - Costs are considered incurred on the date that goods/services are received and
accepted.
DOT - Department of Transportation.
DPS - Department of Public Safety
Evaluation - A process that involves measuring the success or failure of an activity in achieving
predetermined objectives; a judgment of value of worth.
FHWA - Federal Highway Administration, U.S. Department of Transportation.
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GENERAL PROVISIONS AND SUBGRANT AGREEMENT/CONTRACT TERMS
FY - Fiscal Year. Federal Fiscal Year starts October 1 st and ends September 30 of each year. State Fiscal
Year starts July 1 st and ends June 30 of each year.
Funding Period - The period of time in which the Subgrantee/Contractor can incur costs eligible for
reimbursement.
Governor's Hi ghway Safety Representative - The State official who is responsible to and represents the
Governor in the conduct of the Statewide Highway Safety Program (Director - Arkansas State Police).
Grantor Agency - Arkansas State Police.
Highway Safety Manager - A staff member authorized by the Highway Safety Office Administrator to
oversee the day to day activities of the Highway Safety Program and serve as deputy to the Administrator.
HSO - Highway Safety Office.
HSP - Highway Safety Plan as required by NHTSA and DOT.
NHTSA - National Highway Traffic Safety Administration, U.S. Department of Transportation.
OMB - Office of Management and Budget.
Obligated - The proposed level of accomplishments that are budgeted and funded.
PM - Program Module.
PSP - Problem Solution Plan.
Political Subdivision - A generally recognized governmental unit below the State level having a defined
geographic area of the State.
Pra am Manager - A staff member authorized by the Administrator to act as the liaison between the HSO
and the Subgrantee/Contractor in all matters pertaining to a subgrant agreement/contract.
Project Period (Period of Performance) - The time during which the non -Federal entity may incur new
obligations to carry out the work authorized under the award.
Standard Number - A number assigned to one of the 18 highway safety program areas as developed by
NHTSA and promulgated by the Secretary, U.S. Department of Transportation.
State Agency - An administrative division of State Government.
Subarantee - The State agency, county, city, quasi -public organization, private individual, or corporation
entering into a subgrant agreement with the HSO.
S_ubgrant Director - The duly authorized representative of the Subgrantee charged with the responsibility of
executing the subgrant agreement.
USC - United States Code.
YTD - Year to date.
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SUBGRANT AGREEMENT/CONTRACT TERMS
II. CHANGES/PROJECT REVISIONS/AMENDMENTS
A. Any change (project revision/amendment) to this subgrant agreement/contract document must be
requested by written notice 30 days prior to the anticipated effective date of the proposed change if
possible.Upon request, a Subgrant Agreement/Contract Change Order form will be furnished to
theSubgrantee/Contractor, which must be submitted with the Authorizing Official's signature. Upon
receipt of the Subgrant Agreement/Contract Change Order, the HSO will review and either
approve or disapprove this change.
B. Likewise, any change in this subgrant agreement/contract document initiated by the HSO will
require notice to the Subgrantee/Contractor of the proposed change 30 days prior to the
anticipated effective date of same if possible. The Subgrantee/Contractor will be given 10
working days to review and either concur or contend to the proposed change.
C. Any disputes or disagreements arising from A or B above will be arbitrated as set forth in
Contract Subgrant Agreement/Term III.
III. DISPUTES
A. Except as otherwise provided in this subgrant agreement/contract, any dispute concerning a
question of fact arising under this subgrant agreement/contract which is not disposed of by
agreement shall be decided by the Coordinator/Administrator, who shall reduce his/her decision to
writing and mail or otherwise furnish a copy thereof to the Subgrantee/Contractor. The decision
of the Coordinator/Administrator shall be final and conclusive unless, within 30 days from the
date of receipt of such copy if possible, the Subgrantee/Contractor mails or otherwise furnishes to
the Coordinator/Administrator a written appeal addressed to the HSO. The decision of the HSO
or its authorized representative for the determination of such appeals shall be final and conclusive
unless it is determined by a court of competent jurisdiction to have been fraudulent, capricious,
arbitrary, so grossly erroneous as necessarily to imply bad faith, or not supported by substantial
evidence. In connection with any appeal proceeding under this clause, the Subgrantee/Contractor
shall be afforded an opportunity to be heard and to offer evidence in support of his/her appeal.
Pending final decision of a dispute hereunder, the Subgrantee/Contractor shall proceed diligently
with the performance of the subgrant agreement/contract and in accordance with the HSO's
decision.
B.
This "DISPUTES" clause does not preclude consideration of law questions in connection with
decisions provided for in Paragraph A above, and nothing in this contract shall be construed as
making final the decision of any administrative official, representative, or board on a question of
law.
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SUBGRANT AGREEMENT/CONTRACT TERMS
IV. IV. CONDITIONS FOR TERMINATION PRIOR TO COMPLETION
If, through any cause other than acts of God or the public enemy, flood, or quarantine restrictions, the
Subgrantee/Contractor should fail to fulfill in timely or proper manner the obligations of this
agreement/contract, the HSO may terminate this agreement/contract by giving written notice to the
Subgrantee/Contractor at least 7 days prior to the effective date of termination and by specifying the
effective date of termination. All furnished or unfurnished documents, data, studies, surveys, reports,
maps, drawings, models, and photographs prepared by the Subgrantee/Contractor shall, at the option
of the HSO, become the property of the HSO and the Subgrantee/Contractor shall be entitled to
receive only reasonable and equitable compensation for the satisfactory work completed, and only in
proportion to the monetary consideration covenanted and agreed upon in the contract for the
completed scope of the work.
At their convenience, the principals to this agreement may terminate this agreement by one giving to
the other, or each giving to the other, written notice at least 30 days prior to the effective date of
termination, and by specifying the effective date of termination.
Upon termination of this agreement/contract, whether for cause or at the convenience of one or both
principals, the Subgrantee/Contractor shall be reimbursed for the portion of out-of-pocket expenses
(not otherwise reimbursed prior thereto) incurred by the Subgrantee/Contractor during the
project/contract period which are directly attributable to the incompleted portion of the services
covered by this agreement. The Subgrantee/Contractor shall be paid an amount which bears the same
ration to the total compensation as the services actually performed bear to the total services of the
Subgrantee/Contractor.
V. EXCUSABLE DELAYS
Except with respect to defaults of Subcontractors, the Subgrantee/Contractor shall not be in default by
reason of any failure in performance of this agreement/contract in accordance with its terms (including
any failure by the Subgramee/Contractor to make progress in the prosecution of the work hereunder
which endangers such performance) if such failures arise out of causes beyond the control and without
the fault or negligence of the Subgrantee/Contractor. Such causes may include, but are not restricted
to, acts of God or of the public enemy, acts of the Government in either its sovereign or contractual
capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually
severe weather; but in every case the failure to perform must be beyond the control and without the
fault or negligence of the Subgrantee/Contractor. If the failure to perform is caused by the failure of a
Subcontractor to perform or make progress, and if such failure arises out of cause beyond the control
of the Subgrantee/Contractor and Subcontractor, and without the fault or negligence of either of them,
the Subgrantee/Contractor shall not be deemed to be in default, unless (a) the supplies or services to
be furnished by Subcontractor were obtainable from other sources, (b) the Coordinator shall have
ordered the Subgrantee/Contractor in writing to procure such supplies or services from other sources,
or (c) the Subgrantee/Contractor shall have failed to comply reasonably with such order. Upon
request of the Contractor, the Coordinator shall ascertain the facts and extent of such failure, and if
he/she shall determine that any failure to perform was occasioned by one or more of the said causes,
the delivery schedule shall be revised accordingly.
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SUBGRANT AGREEMENT/CONTRACT TERMS
VI. NON -COLLUSION
The Subgrantee/Contractor warrants that he has not employed or retained any company or person,
other than a bonafide employee working for the Subgrantee/Contractor, to solicit or secure this
agreement, and that he has not paid or agreed to pay any company or person, other than a bonafide
employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent
upon or resulting from the award or making of this agreement. For breach or violation of this
warranty, the HSO shall have the right to annul this agreement without liability, or, in its discretion, to
deduct from the agreement price or consideration, or otherwise recover the full amount of such fee,
commission, brokerage fee, gift, or contingent fee.
VII. COST PROVISIONS
2 CFR Part 1201 and 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards which can be found at <hgp://www.ecfr.Mv>.
VIII. UNIFORM ADMINISTRATIVE REQUIREMENTS
2 CFR Part 1201 and 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards which can be found at http://www.ecfr.gov.
IX. METHOD OF PAYMENT
Under the Standard Method of Payment, the Subgrantee/Contractor agrees to perform the work
previously stated and to accept as payment reimbursement(s) for actual costs incurred, in accordance
with the terms of the agreement/contract.
Other methods which may be used to pay Consultants are as follows; (1) lump sum, (2) cost per unit
of work, (3) cost plus a fixed fee amount, or (4) specific rates of compensation. The specific rates of
compensation method should be considered only if all other methods have been found to be
inappropriate.
Rev. 91112020 Page G6 of 19
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HIGHWAY SAFETY OFFICE
SUBGRANT AGREEMENT/CONTRACT TERMS
Each of the acceptable Consultant methods of payment is discussed below:
A. Lump Sum By this method, the Consultant undertakes to perform the services stated in the
agreement for an agreed amount of compensation.
This method of payment is appropriate only if the extent, scope, complexity, character, and
duration of the work to be required has been established to a degree that just compensation
can be determined and evaluated by all parties at the time of negotiations.
When submitted for approval, each proposed agreement wherein payment is to be by a lump
sum shall be accompanied by a copy of an estimate prepared by the Consultant showing a
statement of his probable costs for the several elements of the work and his expected net fee.
The Consultant's statement is to include a supported breakdown of the costs, direct and
indirect which the firm expects to incur. The Consultant's method of dividing the project into
work units is to be such that the estimate can be intelligently reviewed.
To be considered for Federal -aid reimbursement, the lump sum amount proposed must be
found by the Governor's Representative or appropriate State agency to be a just and equitable
compensation, and must be supported by documentation as to the basis for such findings.
The agreement should contain provisions for the adjustment of the lump sum amount in the
event of changes in the work to be performed.
B. Cost Per Unit of Work By this method, the Consultant is paid on the basis of the unit of work
performed. This method is appropriate when the related unit cost of the work can be
determined in advance with reasonable accuracy, but the extent of the work is indefinite. A
proposal utilizing this method payment is to be supported in the same manner as that
specified for the lump sum method.
C. Cost Plus a Fixed Fee By this method, the Consultant is reimbursed for his costs and receives
in addition a predetermined amount as a fixed fee.
When at the time of negotiations with the Consultant, it is found not feasible to establish
payment on the basis of the lump sum or cost per unit of work method, payment should be on
the basis of reimbursement of the acceptable costs incurred by the Consultant plus a
predetermined amount. This method of payment is appropriate when the extent, scope,
complexity, character, or duration is indeterminable at the time of negotiations, or where the
work is of a nature that the State agency does not have the experience or knowledge to permit
an evaluation of the Consultant's proposal as required to support a lump sum amount.
Rev. 91112020 Page G7 of 19
ARKANSAS STATE POLICE
HIGHWAY SAFETY OFFICE
SUBGRANT AGREEMENT/CONTRACT TERMS
D. Specific Rates of Compensations By this method the Consultant is paid at an agreed and
supported specific fixed hourly or daily rate for each class of employee directly engaged in
the work. Such rates of pay include the Consultant's estimated costs and net fee. This
method of payment should be considered only on those occasions where none of the three
methods of payment described under method 1. 2., or 3. can be used. It should be considered
only for relatively minor items of work of indeterminable extent over which control is
maintained of the class of employee to be used and the extent of such use. The specific rates
of compensation are to include, and the agreement or referenced supporting data shall
specifically identify and set forth separately, the direct salary costs, salary additives, indirect
costs, and the fixed fee. Other direct costs may be set forth as an element of the specific rate
or may be included as independent cost items. The specific rates so determined are to be
established by the Consultant and found by the Governor's Representative to be reasonable
and proper.
Consultant agreements providing that payment is to be based or adjusted on a prescribed
percentage of estimated or actual cost times a multiplier, will not be accepted for Federal -aid
reimbursement.
When the method of payment for Consultant services is other than a lump sum, the agreement
must specify an upper limit of compensation. There should be recognition, however, that the
reasons underlying the selection of the method of payment preclude arriving at a realistic
estimate of the total anticipated costs of the service. The basis for establishment of the
amount specified as the upper limit should be documented and provisions should be made to
permit adjustment in the upper limit when the Consultant is able to establish, to the
satisfaction of the governmental agency and Governor's Representative, that there has been or
is to be a significant change in the (1) scope, complexity, or character of the services to be
performed, (2) conditions under which the work is required to be performed, or (3) duration
of work. In the case of the Cost -Plus Fixed Fee method, an appropriate adjustment in the
predetermined net fee shall be considered.
X. TERMS AND CONDITIONS OF PAYMENT
A. Unless otherwise specified in the agreement/contract Work Statement, the Subgrantee/Contractor
agrees to bill the ASP at monthly intervals only, using the forms and format specified. The
maximum amount of the total subgrant agreement/contract is specified in the agreement/contract.
B. The Subgrantee/Contractor agrees to submit the final bill no later than 30 days after the
termination of the funding period.
C. The Subgrantee/Contractor agrees to submit no bill for work performed or material delivered
unless such bill is accompanied by a report which complies with the requirements of the Work
Statement.
Rev. 91112020 Page G8 of 19
ARKANSAS STATE POLICE
HIGHWAY SAFETY OFFICE
SUBGRANT AGREEMENT/CONTRACT TERMS
XI. INSPECTION/MONITORING
The ASP, (including, as an adjunct thereto, agents of the Federal Government when Federal funds
are involved) has the right, at all reasonable times, to inspect, or otherwise evaluate the work
performed or being performed hereunder and the premises on which it is being performed. If any
inspection or evaluation is made by the HSO on the premises of the Subgrantee/Contractor or a
Subcontractor, the Subgrantee/Contractor shall provide and shall require his Subcontractor to
provide all reasonable facilities and assistance for the safety and convenience of the HSO
personnel in their duties. All inspections and evaluation shall be performed in such a manner as
will not unduly delay the work.
XII. PROPERTY MANAGEMENT
See 2 CFR Part 1201, 2 CFR Part 200 and 23 CFR § 1300.31
XIII. RECORD RETENTION
See 2 CFR Part 1201 and 2 CFR Part 200
XIV. OWNERSHIP OF DATA AND CREATIVE MATERIAL
The ownership of material, discoveries, inventions, and results developed, produced, or
discovered by this agreement/contract is governed by the terms of 2 CFR Part 1201 and 2 CFR
Part 200.
XV. REPORTS
A. Before publication or printing, the final draft of any report(s) required under the
agreement/contract schedule shall be submitted to the HSO for review and concurrence.
Review and approval by the National Highway Traffic Safety Administration will be
coordinated by the ASP prior to returning comments or approvals to the
Subgrantee/Contractor. All recorded information which is produced in the performance of
this agreement shall be the sole property of the Arkansas State Police, Highway Safety
Office, and reports or other such information are to be regarded as material in the public
domain and shall not be copyrighted or restricted as to the distribution and reproduction.
The Subgrantee/Contractor shall furnish the ASP with the quantity of copies of the report(s)
specified in the agreement/contract.
B. Each report covered by Paragraph A must include the following statements on the cover
page:
This report was prepared for the HSO, in cooperation with DOT's NHTSA or DOT's
FHWA.
2. The conclusions and opinions expressed in this document are those of the author, and
do not necessarily represent those of the State of Arkansas, ASP, DOT or any other
agency of the State or Federal Government.
Rev. 91112020 Page G9 of 19
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HIGHWAY SAFETY OFFICE
SUBGRANT AGREEMENT/CONTRACT TERMS
XVI. EQUAL OPPORTUNITY
The Subgrantee/Contractor assures and certifies:
A. The Subgrantee/Contractor will comply with Title VI of the Civil Rights Act of 1964 (P. L.
88-352) and in accordance with Title VI of that Act, no person in the United States shall,
on the ground of race, color, handicap, or national origin, be excluded from participation in,
be denied the benefits of, or be otherwise subjected to discrimination under any program or
activity for which the applicant receives Federal financial assistance, and the
Subgrantee/Contractor will immediately take any measures necessary to effectuate this
agreement.
B. The Subgrantee/Contractor will comply with Title VI of the Civil Rights Act of 1964 (42
USC 2000d) prohibiting employment discrimination where (1) the primary purpose of a
grant is to provide employment or (2) discriminatory employment practices will result in
unequal treatment of persons who are or should be benefiting from the grant -aided activity.
XVII. SUBCONTRACTUAL
A. The Subgrantee/Contractor shall give advance notice to the HSO of any proposed
subcontract hereunder, and the Subgrantee/Contractor shall not, without prior written
approval of the Administrator, enter into such subcontract. (See Paragraph B. below.)
B. NHTSA or FHWA may require approval of any contract for professional services prior to
issuance and initiation of work. This review may take up to 30 days and shall consider, in
part, the following matters:
1. Determination of the Consultant's qualifications;
2. Manner of selection from those qualified to perform the service;
3. Necessity for subcontracting;
4. Review of the contract, to ensure that minimum terms of the prime contract have been
incorporated into the subcontract;
5. Pre -award audit has been performed for contracts in excess of $25,000.00; and,
6. The Subgrantee/Contractor's price breakdown includes costs (if any) for personal
services, subcontracts, commodities, other direct costs, indirect costs, and profit.
Rev. 91112020 Page G10 of 19
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HIGHWAY SAFETY OFFICE
SUBGRANT AGREEMENT/CONTRACT TERMS
XVIII. UTILIZATION OF SMALL BUSINESS CONCERNS
A. It is the policy of the United States Government as declared by the Congress that a fair
proportion of the purchases and contracts for supplies and services for the Government be
placed with small business concerns.
B. The Subgrantee/Contractor agrees to accomplish the maximum amount of subcontracting to
small business concerns that the Subgrantee/Contractor finds to be consistent with the
efficient performance of this agreement/contract.
XIX. ORDER OF PRECEDENCE
In the event of an inconsistency between provisions of this agreement/contract, the inconsistency
shall be resolved by giving precedence in the following order:
A. Subgrant Agreement/Contract Document
B. Work Statement
C. Subgrant Agreement/Contract Terms
XX. SUBGRANTEE/CONTRACTOR'S LIABILITY
A. The Subgrantee/Contractor shall be liable for any loss of, or injury to, any material developed
or serviced under this agreement/contract which is caused by the Subgrantee/Contractor's
failure to exercise such care in regard to said material as a reasonably careful owner of similar
materials would exercise.
B. Subgrantee/Contractor shall provide commercial insurance or equivalent method acceptable
to the HSO office for replacement or repair of damaged or lost equipment.
Subgrantee/Contractor shall reimburse the HSO office for residual value of equipment sold or
otherwise disposed of.
XXI. SAVE HARMLESS
It is expressly agreed and understood that the Subgrantee/Contractor is an independent
Subgrantee/Contractor and not an agent, servant, or employee of the State, and the
Subgrantee/Contractor shall save harmless the State and representatives thereof from all suits, actions,
or claims of any kind brought on account of any person or property in consequence of any neglect in
safeguarding the work, or on any act or omission by the Subgrantee/Contractor or its employees, or
from any claims or amounts arising or recovered under Worker's Compensation Laws or any other law,
by-law, ordinance, regulation, order, or decree (Not Applicable to State Agencies and Institutions of
Higher Education).
The Subgrantee/Contractor shall be responsible for all damage to property and personal injury of any
kind resulting from any act, omission, neglect, or misconduct of any employee or agent of said
Subgrantee/Contractor in the manner or method of performing the work for the period of the
agreement/contract
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ARKANSAS STATE POLICE
HIGHWAY SAFETY OFFICE
SUBGRANT AGREEMENT/CONTRACT TERMS
XXII. TAX AND COMPENSATION LIABILITY
Nothing herein contained shall be construed as incurring for the State any liability for Worker's
Compensation, F.I.C.A., Withholding Tax, Unemployment, or any other payment which would be
required to be paid by the State if the State and the Subgrantee/Contractor were standing in an
employer -employee relationship, and the Subgrantee/Contractor hereby agrees to assume and pay
all such liabilities.
XXIII. REIMBURSEMENT OF ELIGIBLE EXPENDITURES
A. It is mutually agreed and promised that upon written application by the Subgrantee/Contractor
and approval by the State, the State shall obligate funds for reimbursement of eligible
expenditures as set forth in the application.
B. It is mutually agreed and promised that the Subgrantee/Contractor shall reimburse the State
for any ineligible or unauthorized expenditures for which Federal and/or State funds have
been claimed and payment received as determined by a State or Federal audit.
C. It is further agreed and promised that where reimbursement is made to the Subgrantee/Contractor in
installments, the State shall have the right to withhold any installments to make up reimbursement
received for any ineligible or unauthorized expenditures until such time as the ineligible claim is made up
or corrected by the Subgrantee/Contractor.
XXIV. APPLICATION OF HATCH ACT
The subgrantee/contractor will comply with the provisions of the Hatch Act which limit the
political activities of employees.
XXV. STANDARDS FOR SUBGRANTEE/CONTRACTOR FINANCIAL MANAGEMENT SYSTEMS
This item prescribes standards for financial management systems of subgrant agreement/contract
supported activities of state and local governments. Subgrantee/Contractor financial management
systems shall provide for:
A. Accurate, current, and complete disclosure of the financial results of each subgrant
agreement/contract activity in accordance with the HSO reporting requirements;
B. Records which identify adequately the source and application of funds for subgrant
agreement/contract activities. These records shall contain information pertaining to grant awards and
authorizations, obligations, commitments, assets, liabilities, outlays, and income;
C. Effective control over and accountability for all funds, property, and other assets.
Subgrantee/Contractor shall adequately safeguard all such assets, and shall assure that they are used
solely for authorized purposes;
Rev. 91112020 Page G12 of 19
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HIGHWAY SAFETY OFFICE
SUBGRANT AGREEMENT/CONTRACT TERMS
D. Comparison of actual with budgeted amounts for each agreement/contract. Also, relation of
financial information with performance or productivity data, including the production of unit
cost information whenever appropriate and required by the HSO;
E. Procedures to minimize the time elapsing between the transfer of funds from the State
Treasury and the disbursement by the Subgrantee/Contractor whenever funds are advanced by
the HSO;
F. Procedures for determining the allowability and allocability of costs in accordance with the
provisions of 2 CFR Part 200;
G. Accounting records which are supported by source documentation;
H. Audits to be made by the Subgrantee/Contractor or at his direction to determine, at a
minimum, the fiscal integrity of financial transactions and reports, and the compliance with
laws, regulations, and administrative requirements. The Subgrantee/Contractor will schedule
such audits with reasonable frequency, usually annually, but not less frequently than once
every two years, considering the nature, size, and complexity of the activity; and, every two years,
considering the nature, size, and complexity of the activity; and;
I. A systematic method to assure timely and appropriate resolution of audit findings and
recommendations.
XXVI. PROCUREMENT
A. State of Arkansas Procurement Law and Rules, will govern purchasing.
Rev. 91112020 Page G13 of 19
ARKANSAS STATE POLICE
HIGHWAY SAFETY OFFICE
SUBGRANT AGREEMENT/CONTRACT TERMS
B. A summary of the various requirements is as follows:
PRE -PURCHASE
PURCHASES
BIDDING REQUIREMENTS
DOCUMENTS REQUIRED
(a) Formal Bid
1. Develop Specifications for
1.
Copy Invitation to Bid.
All purchases where
each item bid.
2.
Copy of Bidders List.
cost is over $75,000
2. Invitation to bid mailed
3.
Certified copy of proof of
when grouped into
to all eligible
publication.
prospective bidders.
4.
Copy of Tabulation Bids.
3. Insertion in newspaper with
5.
Copy__of Purchase
general circulation not less
Order or Contract
than five (5) days nor more
Resulting from bid.
than thirty (30) days prior to
6.
Letter of Justification when
4. Open and tabulate bids at
other than low bid is to be
time and date indicated.
purchased.
(b) Quotation Bid
All purchases where
1. Obtain at least three (3) bids.
1. Copy of Tabulation Bids.
cost is 01 $20.0u
$20 01
up
to 75
2. Bids must be received at least
2. Copy of Purchase Order.
grouped into
one (1) day prior to date of
3. Letter of Justification when
biddable classes
purchase.
other than low bid is to be
3. Bids must be recorded and
]lli r•cl1atiL(l..
signed by person receiving
same.
(c) Open Market
All purchases where None - Agency Purchasing 1. Copy of Purchase Order.
cost is $20,000 or less Official's best judgement.
C. Splitting of item or items with the intent to use a less restrictive requirement is not permitted.
D. Descriptions and specifications must be sufficiently restricted or specific so as to exclude
cheap or inferior commodities which are not suitable or practicable for the purpose for which
they are to be used, but at no time should they be so specific in detail as to restrict or
eliminate competitive bidding of anv items of comparable auality and comine within a
reasonably close price range.
E. Arkansas preference does not apply.
Note: Also see Procurement Standards at 2 CFR Part 200
Rev. 91112020 Page G14 of 19
ARKANSAS STATE POLICE
HIGHWAY SAFETY OFFICE
SUBGRANT AGREEMENT/CONTRACT TERMS
XXVII. PROCUREMENT PROCEDURES - BREATH TESTING EQUIPMENT
A. These items are usually exempt from bidding requirements because of one or several of the
following:
1. Single source of supply items;
2. Scientific and technical equipment and parts thereof required by an employee by reason
of his profession or training; and
3. Items requiring standardization and interchangeability of parts with existing equipment.
B. The records required for reimbursement are as follows:
1. Copy of Purchase Order giving description of item purchased:
2. Statement, approved by the Project Director, expkiining reason for purchasing on an
exempt basis without any bids;
3. Standard payment documentation, as follows:
a. Copy of vendor's invoice showing receiving approval by project personnel,
b. Copy of document showing payment for goods, and,
C. Paid receipt or endorsement on payment document; and,
4. Statement for each item purchased showing the following:
a. Serial number,
b. Model number, and,
C. Property control number (if any).
Rev. 91112020 Page GI of 19
ARKANSAS STATE POLICE
HIGHWAY SAFETY OFFICE
SUBGRANT AGREEMENT/CONTRACT TERMS
XXVIII. MINORITY BUSINESS ENTERPRISE
The recipient of this subgrant agreement/contract agrees to adopt by reference the Minority
Business Enterprise Program that has been approved by DOT for the HSO, or to show
evidence of approval of the recipient's own Minority Business Enterprise Program by a
cognizant agency of the Federal government.
The recipient of this subgrant agreement/contract agrees to include the following statement in
all subsequent contracts which are financed in whole or in part with Federal funds provided
under the agreement with the recipient:
A. Required MBE Contract Clauses
1. Policy It is the policy of the Department of Transportation that minority business
enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to
participate in the performance of contracts financed in whole or in part with
Federal funds under this agreement. Consequently, the MBE requirements of 49
CFR Part 23, apply to this agreement.
MBE Obligation The recipient or its subcontractor agrees to ensure that minority
business enterprises as defined in 49 CFR Part 23 have the maximum opportunity
to participate in the performance of contracts and subcontracts financed in whole
or in part with Federal funds provided under this agreement. In this regard, all
recipients or subcontractors shall take all necessary and reasonable steps in
accordance with 49 CFR Part 23 to ensure that minority business enterprises have
the maximum opportunity to compete for and perform contracts. Recipients and
their subcontractors shall not discriminate on the basis of race, color, national
origin, or sex in the award and performance of DOT -assisted contracts.
=X. PAYROLL PROCEDURES
A. Personal Services compensation is allowable if-
1 . For services rendered during the contract period,
2. Reasonable for services rendered,
3. Personnel appointed in accordance with state or local government rules,
4. Based on payrolls documented and approved in accordance with generally
accepted business practices, and
5. Supported by time and attendance records signed by both employee and
supervisor.
Rev. 91112020 Page G16 of 19
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HIGHWAY SAFETY OFFICE
SUBGRANT AGREEMENT/CONTRACT TERMS
B. Employee Benefits are allowable if:
Provided pursuant to a leave system,
2. Employer contribution or expense for:
a. Social Security
Employee Health Insurance
C. Unemployment Insurance
d. Worker's Compensation Insurance
e. Pension Plans
3. The cost is equitably allocated to_all _activities.
C. The records required are as follows:
Time sheets showing employee names, daily hours, activities, and signatures of
employee and supervisor;
Payroll record showing rate of pay, gross wages, itemized deductions, net pay, and
signature of proper official; and,
Benefit Plan(s) records showing rates and amount paid by the employer.
XXX. TRAVEL PROCEDURES
Travel costs are allowable for the following actual expenses incurred by project employees
while traveling on official project business: transportation, lodging, meals and other related
expenses. An itemized travel report, with receipts for all items excluding meals, is required,
and should be signed by the traveler and the supervisor. Out -of -State travel must have prior
written approval of the HSO. Current daily limits for meals and lodging are set out in State
Travel Regulations promulgated by the Arkansas Department of Finance and Administration found
at
h s:l .dfa.arkansas. ov/ima es/u loads/accountin Offce/Title-19 Cha ter-4 SUBCHAPTE
R-9-Travel Re lations. f.
Regards State of Arkansas Employees:
Travel costs are limited to the State of Arkansas Travel maximums according to current
State Travel Regulations. (Airfare is always limited to less -than -first-class airfare when
less -than -first-class air accommodations are available). Reimbursement is for actual
expenses up to the maximum allowed per federal per diem rates established by the
General Services Administration (GSA). Guidance is provided on the GSA website at
www.gsa.goyltrawl-resources for deducting meal amounts from reimbursement
claims for meals furnished by the government or other sources. Detailed receipts are
required for all expenses excluding meals.
Rev 9111202n Page G17 of 19
ARKANSAS STATE POLICE
HIGHWAY SAFETY OFFICE
SUBGRANT AGREEMENT/CONTRACT TERMS
Regards Other Travelers:
Travel costs are limited to the lesser of local regulations, actual costs, or State travel
maximums. Lodging may exceed State travel maximums only in instances where the
maximum allowable lodging rate for that area is not available to the traveler (the
traveler must make every effort to obtain the allowable State rate) or when the hotel
rate where the conference or meeting is held exceeds the maximum allowable lodging
rate for that area. Reimbursement is for actual expenses up to the maximum allowed
per federal per diem rates established by the GSA. Guidance is provided on the GSA
website at www.gsa.gov/travel-resources for deducting meal amounts from
reimbursement claims for meals furnished by the government or other sources.
Detailed receipts are required for all expenses, excluding meals.
XXXI. CONFIDENTIALITY REQUIREMENTS
We have researched the question on confidentiality and have identified the following salient
items which are relevant to our agreements/contracts:
A. NHTSA Order 210-1, Chapter I, Section B, Subsection (7) (a) states that the Contractor
or any employee of the such Contract shall be considered to be employees of the NHTSA
for purposes of the requirements of the Privacy Act of 1974 (P.L. 93-579, 5 U.S.C.
B. Section 3, Subsection (b) (1) of the July 1, 1975, Privacy Act Guidelines states that
disclosures "To those officers and employees of the agency which maintains the records
who have a need for the records in the performance of their duties;" is a permissible
disclosure (Section 552a of U.S.C.5, P.L. 93-579).
C. Section 408, Subsection (b) (1) (b) of the regulations on Confidentiality of Alcohol and
Drug Abuse Patient Records states that records may be released to qualified personnel for
the purpose of conducting scientific research, management audits, financial audits, or
program evaluation, but such personnel may not identify, directly or indirectly, any
individual patient in any report of such research, audit, or evaluation, or otherwise
disclose patient identities in any manner (P.L. 93-282, 2.1 U.S.C. 1175).
XXXII. PROFESSIONAL SERVICES CONTRACT
See 2 CFR 200
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ARKANSAS STATE POLICE
HIGHWAY SAFETY OFFICE
SUBGRANT AGREEMENT/CONTRACT TERMS
XXXIII. INDIRECT COSTS
Indirect costs are those: Incurred for a common or joint purpose benefiting more than one cost
objective, and not readily assignable to the cost objectives specifically benefitted, without
effort disproportionate to the results achieved. The term "indirect costs," as used herein,
applies to costs of this type originating in the grantee department, as well as those incurred by
other departments in supplying goods, services, and facilities. To facilitate equitable
distribution of indirect expenses to the cost objectives served, it may be necessary to establish
a number of pools of indirect costs within a governmental unit department or in other
agencies providing services to a governmental unit department. Indirect cost pools should be
distributed to benefitted cost objectives on basis that will produce an equitable result in
consideration of relative benefits derived.
See Section VII, Cost Provisions of these terms for applicable cost regulations.
Rev. 91112020 Page G19 of 19
Appendix ii
Appendix A to Part 1300 - Certifications and Assurances for Fiscal Year 2021 Highway Safety Grants
(23 U.S.0 Chapter 4 and Sec. 1906, Pub. L. 109-59, as Amended by Sec. 4011, Pub. L.114-94)
[Each fiscal year, the Governor's Representative for Highway Safety must sign these Certifications and Assurances
affirming that the State complies with all requirements, including applicable Federal statutes and regulations, that are in
effect during the grant period. Requirements that also apply to subrecipients are noted under the applicable caption]
Recipient: Fayetteville Police Department Fiscal Year: 2021
By submitting an application for Federal grant funds under 23 U.S.C. Chapter 4 or Section 1906,
the State Highway Safety Office acknowledges and agrees to the following conditions and
requirements. The Governor's Representative for Highway Safety, hereby provides the following
Certifications and Assurances:
GENERAL REQUIREMENTS
The State will comply with applicable statutes and regulations, including but not limited to:
• 23 U.S.C. Chapter 4 - Highway Safety Act of 1966, as amended
Sec. 1906, Pub. L. 109-59, as amended by Sec. 4011, Pub. L. 114-94
• 23 CFR part 1300 - Uniform Procedures for State Highway Safety Grant Programs
• 2 CFR part 200 - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards
• 2 CFR part 1201 - Department of Transportation, Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards
INTERGOVERNMENTAL REVIEW OF FEDERAL PROGRAMS
The State has submitted appropriate documentation for review to the single point of contact designated by the Governor to
review Federal programs, as required by Executive Order 12372 (Intergovernmental Review of Federal Programs).
FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (IF
FATA)
The State will comply with FFATA guidance, OMB Guidance on FFATA Subward and Executive Compensation
Reporting, August 27, 2010,
(https://www.fsrs.gov/documents/OMB_Guidance_on_FFATA Subaward_and_Executive_Com
pensation_Reporting_08272010.pdf) by reporting to FSRS.gov for each sub -grant awarded:
• Name of the entity receiving the award;
• Amount of the award;
• Information on the award including transaction type, funding agency, the North American Industry
Classification System code or Catalog of Federal Domestic Assistance number (where applicable),
program source;
• Location of the entity receiving the award and the primary location of performance under the award,
including the city, State, congressional district, and country; and an award title descriptive of the
purpose of each funding action;
• A unique identifier (DUNS);
• The names and total compensation of the five most highly compensated officers of the entity if:
(i) the entity in the preceding fiscal year received-
(1) 80 percent or more of its annual gross revenues in Federal awards;
(11) $25,000,000 or more in annual gross revenues from Federal awards; and
(ii) the public does not have access to information about the compensation of the senior executives of the
entity through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934
(15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986;
• Other relevant information specified by OMB guidance.
(applies to subrecipients as well as States)
The State highway safety agency will comply with all Federal statutes and implementing regulations relating to
nondiscrimination ("Federal Nondiscrimination Authorities"). These include but are not limited to:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on
the basis of race, color, national origin) and 49 CFR part 21;
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C.
4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of
Federal or Federal -aid programs and projects);
• Federal -Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of
1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits
discrimination on the basis of disability) and 49 CFR part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the
basis of age);
• The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of
the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all
of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such
programs or activities are Federally -funded or not);
• Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination
on the basis of disability in the operation of public entities, public and private transportation systems, places
of public accommodation, and certain testing) and 49 CFR parts 37 and 38;
• Executive Order 12898, Federal Actions to Address Environmental Justice In Minority Populations
and Low -Income Populations (prevents discrimination against minority populations by discouraging
programs, policies, and activities with disproportionately high and adverse human health or environmental
effects on minority and low-income populations); and
• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency
(guards against Title VI national origin discrimination/discrimination because of limited English proficiency
(LEP) by ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful
access to programs (70 FR 74087-74100).
The State highway safety agency -
Will take all measures necessary to ensure that no person in the United States shall, on the grounds of race,
color, national origin, disability, sex, age, limited English proficiency, or membership in any other class
protected by Federal Nondiscrimination Authorities, be excluded from participation in, be denied the benefits
of, or be otherwise subjected to discrimination under any of its programs or activities, so long as any portion
of the program is Federally -assisted;
• Will administer the program in a manner that reasonably ensures that any of its subrecipients, contractors,
subcontractors, and consultants receiving Federal financial assistance under this program will comply with all
requirements of the Non Discrimination Authorities identified in this Assurance;
• Agrees to comply (and require its subrecipients, contractors, subcontractors, and consultants to comply) with
all applicable provisions of law or regulation governing US DOT's or NHTSA's access to records, accounts,
documents, information, facilities, and staff, and to cooperate and comply with any program or compliance
reviews, and/or complaint investigations conducted by US DOT or NHTSA under any Federal
Nondiscrimination Authority;
• Acknowledges that the United States has a right to seek judicial enforcement with regard to any matter
arising under these Non -Discrimination Authorities and this Assurance;
• Agrees to insert in all contracts and funding agreements with other State or private entities the following
clause:
'During the performance of this contract/funding agreement, the contractor/funding recipient agrees -
a. To comply with all Federal nondiscrimination laws and regulations, as may be amended from time to
time;
b. Not to participate directly or indirectly in the discrimination prohibited by any Federal non-
discrimination law or regulation, as set forth in appendix B of 49 CFR part 21 and herein;
c. To permit access to its books, records, accounts, other sources of information, and its facilities as
required by the State highway safety office, US DOT or NHTSA;
d. That, in event a contractor/funding recipient fails to comply with any nondiscrimination provisions in
this contract/funding agreement, the State highway safety agency will have the right to impose such
contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to
withholding payments to the contractor/funding recipient under the contract/agreement until the
contractor/funding recipient complies; and/or cancelling, terminating, or suspending a contract or
funding agreement, in whole or in part; and
e. To insert this clause, including paragraphs (a) through (e), in every subcontract and subagreement
and in every solicitation for a subcontract or sub -agreement, that receives Federal funds under this
program.
THE DRUG -FREE WORKPLACE ACT OF 1988 41 U.S.C. 8103
The State will provide a drug -free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the
actions that will be taken against
employees for violation of such prohibition;
b. Establishing a drug -free awareness program to inform employees about:
1. The dangers of drug abuse in the workplace;
2. The grantee's policy of maintaining a drug -free workplace;
3. Any available drug counseling, rehabilitation, and employee assistance programs;
4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;
5. Making it a requirement that each employee engaged in the performance of the grant be given a
copy of the statement required by paragraph (a);
c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment
under the grant, the employee will -
1. Abide by the terms of the statement;
2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace
no later than five days after such conviction;
d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or
otherwise receiving actual notice of such conviction;
e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with
respect to any employee who is so convicted -
1. Taking appropriate personnel action against such an employee, up to and including termination;
2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation
program approved for such purposes by a Federal, State, or local health, law enforcement, or other
appropriate agency;
f. Making a good faith effort to continue to maintain a drug -free workplace through implementation of all of the
paragraphs above.
POLITICAL ACTIVITY[HATCH ACT
(applies to subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political
activities of employees whose principal employment activities are funded in whole or in part with Federal
funds.
CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to subrecipients as well as States)
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
1, No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions;
3. The undersigned shall require that the language of this certification be included in the award
documents for all sub -award at all tiers (including subcontracts, subgrants, and contracts under grant,
loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by
section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty
of not less than $10,000 and not more than $100,000 for each such failure.
RESTRICTION ON STATE LOBBYING
(applies to subrecipients as well as States)
None of the funds under this program will be used for any activity specifically designed to urge or influence a State or
local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local
legislative body. Such activities include both direct and indirect (e.g., grassroots") lobbying activities, with one exception.
This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct
communications with State or local legislative officials, in accordance with customary State practice, even if such
communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to subrecipients as well as States)
Instructions for Primary Tier Participant -Certification (States)
1. By signing and submitting this proposal, the prospective primary tier participant is providing the
certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
2. The inability of a person to provide the certification required below will not necessarily result in
denial of participation in this covered transaction. The prospective primary tier participant shall submit
an explanation of why it cannot provide the certification set out below. The certification or explanation
will be considered in connection with the department or agency's determination whether to enter into
this transaction. However, failure of the prospective primary tier participant to furnish a certification or
an explanation shall disqualify such person from participation in this transaction.
3. The certification in this clause is a material representation of fact upon which reliance was placed
when the department or agency determined to enter into this transaction. If it is later determined that the
prospective primary tier participant knowingly rendered an erroneous certification, in addition to other
remedies available to the Federal Government, the department or agency may terminate this transaction
for cause or default or may pursue suspension or debarment.
4. The prospective primary tier participant shall provide immediate written notice to the department or
agency to which this proposal is submitted if at any time the prospective primary tier participant learns
its certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.
5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person,
principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200.
You may contact the department or agency to which this proposal is being submitted for assistance in
obtaining a copy of those regulations.
6. The prospective primary tier participant agrees by submitti ng this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person
who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or
voluntarily excluded from participation in this covered transaction, unless authorized by the department or
agency entering into this transaction.
7. The prospective primary tier participant further agrees by submitting this proposal that it will include
the clause titled "Instructions for Lower Tier Participant Certification" including the "Certification
Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered
Transaction," provided by the department or agency entering into this covered transaction, without
modification, in all lower tier covered transactions and in all solicitations for lower tier covered
transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.
8. A participant in a covered transaction may rely upon a certification of a prospective participant in a
lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4,
debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows
that the certification is erroneous. A participant is responsible for ensuring that its principals are not
suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the
eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each
participant may, but is not required to, check the System for Award Management Exclusions website
(https://www.sam.gov/).
Nothing contained in the foregoing shall be construed to require establishment of a system of records
in order to render in good faith the certification required by this clause. The knowledge and information
of a participant is not required to exceed that which is normally possessed by a prudent person in the
ordinary course of business dealings.
10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to other remedies available to the Federal
government, the department or agency may terminate the transaction for cause or default.
CertiircadonRemard np Debarment Suspension, and OtherResponsibillty Mailers-Primarr
Tier Covered Transactions
(1) The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its
principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participating in covered transactions by any Federal department or agency;
(b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a
public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft,
forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen
property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State or Local) with commission of any of the offenses enumerated in paragraph (1)(b) of this
certification; and
(d) Have not within a three-year period preceding this application/proposal had one or more public
transactions (Federal, State, or local) terminated for cause or default.
(2) Where the prospective primary tier participant is unable to certify to any of the Statements in this
certification, such prospective participant shall attach an explanation to this proposal.
Instructions for Lower Tier Participant Certification
By signing and submitting this proposal, the prospective lower tier participant is providing the
certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and
1200.
2. The certification in this clause is a material representation of fact upon which reliance was placed
when this transaction was entered into. If it is later determined that the prospective lower tier participant
knowingly rendered an erroneous certification, in addition to other remedies available to the Federal
government, the department or agency with which this transaction originated may pursue available
remedies, including suspension or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which
this proposal is submitted if at any time the prospective lower tier participant learns that its certification
was erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The terms covered transaction, civil judgment debarment, suspension, ineligible, participant, person,
principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200.
You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of
those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed
covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction
with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended,
declared ineligible, or voluntarily excluded from participation in this covered transaction, unless
authorized by the department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include
the clause titled "Instructions for Lower Tier Participant Certification" including the "Certification
Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion- Lower Tier Covered
Transaction," without modification, in all lower tier covered transactions and in all solicitations for
lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180
and 1200.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a
lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4,
debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows
that the certification is erroneous. A participant is responsible for ensuring that its principals are not
suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the
eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each
participant may, but is not required to, check the System for Award Management Exclusions website
(https://www.sam.gov/)
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records
in order to render in good faith the certification required by this clause. The knowledge and information of a
participant is not required to exceed that which is normally possessed by a prudent person in the
ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or
voluntarily excluded from participation in this transaction, in addition to other remedies available to
the Federal government, the department or agency with which this transaction originated may pursue
available remedies, including suspension or debarment.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier
Covered Transactions:
The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its
principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participating in covered transactions by any Federal department or agency.
2. Where the prospective lower tier participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
BUY AMERICA ACT
(applies to subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313)
when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to
purchase with Federal funds only steel, iron and manufactured products produced in the United
States, unless the Secretary of Transportation determines that such domestically produced items
would be inconsistent with the public interest, that such materials are not reasonably available and
of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall
project contract by more than 25 percent. In order to use Federal funds to purchase foreign
produced items, the State must submit a waiver request that provides an adequate basis and
justification for approval by the Secretary of Transportation.
PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE
(applies to subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check
helmet usage or to create checkpoints that specifically target motorcyclists.
POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated
April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and
programs for its employees when operating company -owned, rented, or personally -owned vehicles.
The National Highway Traffic Safety Administration (NHTSA) is responsible for providing
leadership and guidance in support of this Presidential initiative. For information and resources on
traffic safety programs and policies for employers, please contact the Network of Employers for
Traffic Safety (NETS), a public -private partnership dedicated to improving the traffic safety practices of employers
and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers,
and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides
information on statistics, campaigns, and program evaluations and references.
POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While
Driving, and DOT Order 3902. 10, Text Messaging While Driving, States are encouraged to adopt and
enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to
ban text messaging while driving company -owned or rented vehicles, Government -owned, leased or
rented vehicles, or privately -owned vehicles when on official Government business or when performing
any work on or behalf of the Government. States are also encouraged to conduct workplace safety
initiatives in a manner commensurate with the size of the business, such as establishment of new rules
and programs or re-evaluation of existing programs to prohibit text messaging while driving, and
education, awareness, and other outreach to employees about the safety risks associated with texting
while driving.
SECTION 402 RE UIREMENTS
1. To the best of my personal knowledge, the information submitted in the Highway Safety Plan in support of the
State's application for a grant under 23 U.S.C. 402 is accurate and complete.
2. The Governor is the responsible official for the administration of the State highway safety program, by appointing
a Governor's Representative for Highway Safety who shall be responsible for a State highway safety agency that
has adequate powers and is suitably equipped and organized (as evidenced by appropriate oversight procedures
governing such areas as procurement, financial administration, and the use, management, and disposition of
equipment) to carry out the program. (23 U.S.C. 402(b) (1)(A))
3. The political subdivisions of this State are authorized, as part of the State highway safety program, to carry out
within their jurisdictions local highway safety programs which have been approved by the Governor and are in
accordance with the uniform guidelines promulgated by the Secretary of Transportation. (23 U.S.C. 402(b)(1)(13))
4. At least 40 percent of all Federal funds apportioned to this State under 23 U.S.C. 402 for this fiscal year will be
expended by or for the benefit of political subdivisions of the State in carrying out local highway safety programs
(23 U.S.C. 402(b)(1)(C)) or 95 percent by and for the benefit of Indian tribes (23 U.S.C. 402(h)(2)), unless this
requirement is waived in writing. (This provision is not applicable to the District of Columbia, Puerto Rico, the U.S.
Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.)
5. The State's highway safety program provides adequate and reasonable access for the safe and convenient
movement of physically handicapped persons, including those in wheelchairs, across curbs constructed or
replaced on or after July 1, 1976, at all pedestrian crosswalks. (23 U.S.C. 402(b)(1)(D))
6. The State will provide for an evidenced -based traffic safety enforcement program to prevent traffic violations,
crashes, and crash fatalities and injuries in areas most at risk for such incidents. (23 U.S.C. 402(b)(1)(E))
7. The State will implement activities in support of national highway safety goals to reduce motor vehicle related
fatalities that also reflect the primary data -related crash factors within the State, as identified by the State highway
safety planning process, including:
• Participation in the National high -visibility law enforcement mobilizations as identified annually in the NHTSA
Communications Calendar, including not less than 3 mobilization campaigns in each fiscal year to -
o Reduce alcohol -impaired or drug -impaired operation of motor vehicles; and
o Increase use of seat belts by occupants of motor vehicles;
• Submission of information regarding mobilization participation into the HVE Database;
• Sustained enforcement of statutes addressing impaired driving, occupant protection, and driving in excess
of posted speed limits;
• An annual Statewide seat belt use survey in accordance with 23 CFR part 1340 for the measurement of
State seat belt
use rates, except for the Secretary of Interior on behalf of Indian tribes;
• Development of Statewide data systems to provide timely and effective data analysis to support allocation of
highway safety resources;
• Coordination of Highway Safety Plan, data collection, and information systems with the State strategic
highway safety plan, as defined in 23 U.S.C. 148(a). (23 U.S.C. 402(b)(1)(F))
8. The State will actively encourage all relevant law enforcement agencies in the State to follow the guidelines
established for vehicular pursuits issued by the International Association of Chiefs of Police that are currently in effect.
(23 U.S.C. 4020))
9. The State will not expend Section 402 funds to carry out a program to purchase, operate, or maintain an automated
traffic enforcement system. (23 U.S.C. 402(c)(4)) I understand that my statements in support of the State's application
for Federal grant funds are statements upon which the Federal Government will rely in determining qualification for
grant funds, and that knowing misstatements may be subject to civil or criminal penalties under 18 U.S.C. 1001.
I understand that the information provided in support of the State's application for Federal grant
funds and these Certifications and Assurances constitute information upon which the Federal
Government will rely in determining qualification for grant funds, and that knowing
misstatements may be subject to civil or criminal penalties under 18 U.S.C. 1001.
AUDIT RE U1REMENTS
The recipient will arrange for an organization -wide financial and compliance audit, if required by 2
CFR Part 200.501 within the prescribed audit reporting cycle. The audit report must separately identify highway safety
funds from other Federal funds. One (1) copy of the report will be furnished to the Arkansas State Police Highway
Safety Office (ASP-HSO) within three months of the report date. Failure to furnish an acceptable audit as determined by
the cognizant Federal audit agency may be a basis for denial and/or refunding of Federal funds. A copy of 2 CFR Part
200.501 is available at www.ecfr.gov. The recipient has been made aware of audit
requirements. The recipient is required to inform the ASP-HSO if subject to these audit requirements.
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Fayetteville Police Department
STEP-2021-Fayetteville Police Depar-00010
IV. Local Match
Budget Categories Amount
Personal Services
Personnel
Maintenance R Operation
Vehicles
Equipment
Other Direct Costs
Total
$15,000.00
$5,076.96
$20,076.96
Approved Amount
$17,000.00
$7,100.00
$24,100.00
09/30/2020 Page 1 of 1
City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar)
Budget Year Division Adjustment Number
/Org2 POLICE (200)
2020
Requestor: T. Tannehill
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
Establish a revenue and expense budget for tracking the FY2021 Selective Traffic Enforcement Program grant award in
project accounting.
COUNCIL DATE:
LEGISTAR FILE ID#:
10/20/2020
2020-0824
Matthew Maddo-w
10/2/2020 7:42 AM
Budget Director
TYPE:
JOURNAL #:
Date
D - (City Council)
RESOLUTION/ORDINANCE
I
GLDATE:
CHKD/POSTED:
10/20/2020
TOTAL
Account Number
99,400 99,400
Increase / (Decrease)
Expense Revenue
Proiect.Sub#
Project Sub.Detl AT
v.20200820
Account Name
1010.200.2920-4302.01
- 3,000
31607
2021.4302 RE
State Grants - Operational
1010.200.2920-4309.01
1010.200.2920-5120.00
- 96,400
91,700 -
31607
31607
2021.4309 RE
2021.4309 EX
Federal Grants - Operational
Personnel Other - Contra
1010.200.2920-5210.00
1010.200.2920-5210.00
3,000 -
4,700 -
31607
31607
2021.4302 EX
2021.4309 EX
Minor Equipment
Minor Equipment
H:\Budget Adjustments\2020_Budget\City Council\ 1 0-20-2020\2020-0824
BA STEP Grant Award 1 of 1
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2020-0777
Agenda Date: 10/20/2020 Version: 1 Status: First Reading
In Control: City Council Meetinq File Type: Ordinance
Agenda Number: B.1
RZN-2020-000006 (1278 W. HENDRIX ST./FUGITT):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
20-000006 LOCATED AT 1278 WEST HENDRIX STREET FOR APPROXIMATELY 0.50 ACRES
FROM RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE TO RSF-18, RESIDENTIAL
SINGLE FAMILY, 18 UNITS PER ACRE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of
the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning
Department's Agenda Memo from RSF-8, Residential Single Family, 8 Units Per Acre to RSF-18, Residential
Single Family, 18 Units Per Acre.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of
the City of Fayetteville to reflect the zoning change provided in Section 1.
City of Fayetteville, Arkansas Page 1 Printed on 1011512020
City of Fayetteville Staff Review Form
2020-0777
Legistar File ID
10/6/2020
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Garner Stoll 9/18/2020 CITY PLANNING (630)
Submitted By Submitted Date Division / Department
Action Recommendation:
RZN-2020-000006: Rezone (1278 W. Hendrix St./FUGITT, 404): Submitted by BILL FUGITT for property located at 1278
W. HENDRIX ST. The property is zoned RSF-8 RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE and contains
approximately O.SO acres. The request is to rezone the property to RSF-18, RESIDENTIAL SINGLE FAMILY, 18 UNITS
PER ACRE.
Account Number
Project Number
Budgeted Item? NA
Does item have a cost? No
Budget Adjustment Attached? NA
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Budget Impact:
Fund
Project Title
Current Budget $ -
Funds Obligated $ -
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
V20180321
Previous Ordinance or Resolution #
Approval Date:
CITY OF
FAYETTEVILLE
%PF ARKANSAS
MEETING OF OCTOBER 6, 2020
TO: Mayor; Fayetteville City Council
THRU: Susan Norton, Chief of Staff
Garner Stoll, Development Services Director
Jonathan Curth, Development Review Manager
FROM: Ryan Umberger, Planner
DATE: September 18, 2020
CITY COUNCIL MEMO
SUBJECT: RZN-2020-000006: Rezone (1278 W. Hendrix St./FUGITT, 404): Submitted by
BILL FUGITT for property located at 1278 W. HENDRIX ST. The property is zoned
RSF-8 RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE and contains
approximately 0.50 acres. The request is to rezone the property to RSF-18,
RESIDENTIAL SINGLE FAMILY, 18 UNITS PER ACRE.
RECOMMENDATION:
City Planning staff and the Planning Commission recommend approval of a request to rezone the
subject property as described and shown in the attached Exhibits `A' and `B'.
BACKGROUND:
The subject property is a 0.50-acre residential lot on the north side of W. Hendrix Street, located
between N. Addington Avenue and N. Garland Avenue. The property is part of the Hendrix
Addition and currently contains one single-family dwelling which was constructed in 1951. The
property is currently zoned RSF-8, Residential Single -Family, 8 Units per Acre and was most
recently rezoned from RSF-4, Residential Single -Family, 4 Units per Acre in December of 2019.
A subsequent request sought to rezone the property from RSF-8 to RI-U, Residential
Intermediate -Urban in May of 2020. Staff recommended denial and suggested the applicant
pursue rezoning to RSF-18, Residential Single -Family, 18 Units per Acre. Planning Commission
forwarded the request for RI-U to City Council who ultimately denied the request.
Multi -family dwellings at N. Garland Avenue and at N. Addington Avenue were developed
following a clerical error during the city-wide rezone in the early 2000s. Accordingly, City Council
has been sensitive to rezoning requests on Hendrix Street. Recent requests along the street
include rezoning a property to the west, on the south side of W. Hendrix Street to RI-U, which was
approved by the City Council on May 19, 2020. Additionally, five properties directly across the
street on the south side of W. Hendrix Street had a rezone request approved from RSF-4 to RSF-
18 from a separate property owner.
Request: The request is to rezone the property from RSF-8, Residential Single -Family, 8 Units
Per Acre to RSF-18, Residential Single Family, 18 Units Per Acre. The applicant intends to
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
demolish the existing structure and develop three single-family homes following an associated
lot split.
Land Use Compatibility: The surrounding neighborhood of the property in question is comprised
mostly of low -density single-family dwellings, however there is some diversity in zoning in the
larger vicinity. In April of this year the property at 1324 W. Mount Comfort Road, about four lots
over and across the street, was rezoned to RI-U and, in July, City Council approved a rezoning
of 5 properties to RSF-18, directly south of the subject property.
Staff believes rezoning the site to RSF-18 promotes a gradual level of infill and density in the
neighborhood. RSF-18 zoning allows for single-family dwellings and accessory dwelling units
by -right and additional residential development types and densities through the conditional use
permit process, including 2-family dwellings and cluster housing. The conditional use permit
process allows for additional development entitlement, but with higher degree of review for
compatibility with the existing neighborhood.
1278 W. Hendrix is a roughly 100-foot-wide parcel. The major difference in permissible density
between RSF-8 and RSF-18 zoning is the lot width requirement. Under RSF-18, the property
can be split into 30-foot-wide tracts whereas in RSF-8 tracts must be 50 feet wide. Effectively,
the distinction would allow the property to be redeveloped by -right with three dwellings and
three associated accessory dwelling units each rather than two. This allows for an incremental
increase in density that can complement the existing neighborhood while also providing access
to nearby amenities and services.
Staff finds that a gradual increase in density would be compatible with the goals in City Plan
2040, adopted land use policies, and the future land use designation for this location. A
promotion of appropriate infill development is Goal 1 of City Plan 2040, which RSF-18 provides.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix gives the area a score of seven.
The following elements of the matrix contribute to the score:
• Near Grocery Store (Harp's on N. Garland Avenue)
• Near Public School (Leverett Elementary)
Near Razorback Bus Stop
Near Sewer Main (6" 321' along W. Hendrix St.)
Near Paved Trail (Razorback Greenway)
• Near Water Main (6" PVC, W. Hendrix Street)
• 4 Minute Fire Department Response time (Fire Station #2, 708 N. Garland Avenue)
Public Comment. Staff received one comment from a member of the public. The neighbor is
opposed to the rezoning, citing concerns about over -development, stormwater runoff, and
consistency with the surrounding area.
DISCUSSION:
On September 14, 2020, the Planning Commission forwarded the rezoning request to the City
Council with a recommendation of approval by a vote of 8-1-0. Commissioner Garlock was the
dissenting vote, citing concerns with additional density at the location given the existing lack of
improved vehicular and pedestrian infrastructure. Commissioner Brown spoke in favor of the
rezoning, citing an appreciation of the location's proximity to a Tier Two Center as identified by
City Plan 2040's Growth Concept Map.
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Exhibit A
• Exhibit B
• Planning Commission Staff Report
• Public Comment
RZN-2020-000006
Close Up View
RSF-4
Legend
Planning Area
�- - - Fayetteville City Limits
Trail (Proposed)
Building Footprint
Fugitt
MAXWELL-DR
Subject Property
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CARTER ST
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0 75 150 300 450
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Neighborhood Services - Ltd.
RZN-2020-000006
Exhibit'B'
Legal Description
1278 W Hendrix St
Fayetteville, AR 72703
LEGAL DESCRIPTION: FURTHER DESCRIBED FROM 2019-19249 AS: Part of the South Half of the
Northeast Quarter of the Northeast Quarter of Section Eight (8), Township Sixteen (16) North, Range
Thirty (30) West, described as beginning at the Northeast corner of said twenty (20) acre tract, and
running thence West 630 feet for the place of beginning, thence South 210 feet, thence West 105 feet,
thence North 210 feet, thence East 105 feet to the point of beginning, same being known as Lot Five (5)
in Block One (1), Hendrix Addition, Fayetteville, Arkansas.
CITY OF
ti FAYETTEVILLE PLANNING COMMISSION MEMO
ARKANSAS
TO: Fayetteville Planning Commission
THRU: Jonathan Curth, Development Review Manager
FROM: Ryan Umberger, Planner
MEETING DATE: September 14, 2020
SUBJECT: RZN-2020-000006: Rezone (1278 W. Hendrix St./FUGITT, 404):
Submitted by BILL FUGITT for property located at 1278 W. HENDRIX ST.
The property is zoned RSF-8 RESIDENTIAL SINGLE FAMILY, 8 UNITS
PER ACRE and contains approximately 0.50 acres. The request is to
rezone the property to RSF-18, RESIDENTIAL SINGLE FAMILY, 18
UNITS PER ACRE.
RECOMMENDATION:
Staff recommends forwarding RZN-2020-000006 to City Council with a recommendation for
approval.
RECOMMENDED MOTION:
"I move to forward RZN-2020-000006 to City Council with a recommendation for approval."
BACKGROUND:
The subject property is a 0.50-acre residential lot on the north side of W. Hendrix Street, located
between N. Addington Avenue and N. Garland Avenue. The property is part of the Hendrix
Addition and currently contains one single-family dwelling which was constructed in 1951. The
property is currently zoned RSF-8, Residential Single -Family, 8 Units per Acre and was most
recently rezoned from RSF-4, Residential Single -Family, 4 Units per Acre in December of 2019.
A subsequent request sought to rezone the property from RSF-8 to RI-U, Residential
Intermediate -Urban was submitted in May of 2020. Staff recommended denial and suggested the
applicant pursue rezoning to RSF-18, Residential Single -Family, 18 Units per Acre. Planning
Commission forwarded the request for RI-U to City Council who ultimately denied the request.
Multi -family dwellings at N. Garland Avenue and at N. Addington Avenue came to fruition following
a clerical error during the city-wide rezone in the early 2000s. Accordingly, City Council has been
sensitive to rezoning requests on Hendrix Street. Recent requests along the street include
rezoning a property to the west, on the south side of W. Hendrix Street to RI-U, which was
approved by the City Council on May 19, 2020. Additionally, five properties directly across the
street on the south side of W. Hendrix Street had a rezone request approved from RSF-4 to RSF-
18 from a separate property owner.
Surrounding land uses and zoning is depicted in Table 1.
Planning Commission
September 14, 2020
Agenda Item 6
RZN 20-000006 Fugitt
Page 1 of 14
Table 1
Surrounding Land Use and Zoning
Direction
Land Use
Zoning
North
Single -Family Residential
RSF-4, Residential Single -Family, 4 Units per Acre
South
Single -Family Residential
RSF-18, Residential Single -Family, 18 Units per Acre
East
Single -Family Residential
RSF-4, Residential Single -Family, 4 Units per Acre
West
Residential Intermediate
RI-1 2, Residential Intermediate, 12 Units per Acre
Request: The request is to rezone the property from RSF-8, Residential Single -Family, 8 Units
Per Acre to RSF-18, Residential Single Family, 18 Units Per Acre. The applicant intends to
demolish the existing structure and develop three single-family homes following an associated
lot split.
Public Comment: Staff has received no public comment.
INFRASTRUCTURE:
Streets: The subject area has frontage onto W. Hendrix Street, a Residential Link street
according to the Master Street Plan. W. Hendrix Street is an unimproved street
with asphalt paving and open ditches. Any street improvements required in these
areas would be determined at the time of development proposal, as well as any
improvements or requirements for drainage.
Water: Public water is available to the subject area. An existing 6-inch PVC water main
is present along W. Hendrix Street which can serve parcel #765-06282-000.
Sewer: Sanitary Sewer is available to the subject area. An existing 6-inch sanitary sewer
mains is present along W. Hendrix Street which can serve parcel #765-06282-
000.
Drainage: Any additional improvements or requirements for drainage will be determined at
time of development. No portion of the property is within the Hillside -Hilltop Overlay
District, FEMA floodplain, nor is there a protected stream or hydric soils present in
the subject area.
Fire: Fire apparatus access and fire protection water supplies will be reviewed for
compliance with the Arkansas Fire Prevention Code at the time of development.
Station 2 located at 708 N. Garland Avenue, protects this site. The property is
located approximately 0.7 miles from the fire station with an anticipated drive time
of approximately 2 minutes using existing streets. The anticipated response time
would be approximately 4.2 minutes. Fire Department response time is calculated
based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn -out
time. Within the City Limits, the Fayetteville Fire Department has a response time
goal of 6 minutes for an engine and 8 minutes for a ladder truck.
Police: The Police Department expressed no concerns with this request.
CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates
the property within the proposed rezone as Residential Neighborhood Area.
Planning Commission
September 14, 2020
Agenda Item 6
RZN 20-000006 Fugitt
Page 2 of 14
Residential Neighborhood Areas are primarily residential in nature and support a wide variety
of housing types of appropriate scale and context: single-family, duplexes, rowhouses, multifamily
and accessory dwelling units. Residential Neighborhood encourages highly connected, compact
blocks with gridded street patterns and reduced building setbacks. It also encourages traditional
neighborhood development that incorporates low -intensity non-residential uses intended to serve
the surrounding neighborhoods, such as retail and offices, on corners and along connecting
corridors. This designation recognizes existing conventional subdivision developments which may
have large blocks with conventional setbacks and development patterns that respond to features
of the natural environment. Building setbacks may vary depending on the context of the existing
neighborhood. The following guiding policies are designed to encourage future and existing
residential neighborhoods to be or become more complete, compact and connected:
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 7 for the area
in question, with a weighted score of 8.5. The following elements of the matrix contribute to the
score:
• Near Grocery Store (Harp's on N. Garland Avenue)
• Near Public School (Leverett Elementary)
• Near Razorback Bus Stop
• Near Sewer Main (6" 321' along W. Hendrix St.)
• Near Paved Trail (Razorback Greenway)
• Near Water Main (6" PVC, W. Hendrix Street)
• 4 Minute Fire Department Response time (Fire Station #2, 708 N. Garland Avenue)
Planning Commission
September 14, 2020
Agenda Item 6
RZN 20-000006 Fugitt
Page 3 of 14
FINDINGS OF THE STAFF
A determination of the degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning plans.
Finding: Land Use Compatibility: Land uses in immediate and general adjacency to
the subject property are primarily detached single-family dwellings.
Although the property adjacent to the west and at the corner of Hendrix
Street/Garland are developed apartment complexes that occurred as a result
of a zoning map error, the Hendrix Addition is mostly single-family in
character. Staff finds that the proposed rezoning is generally compatible
with adjacent land uses.
Land Use Plan Analysis: Staff believes that the proposal is compatible with
the goals in City Plan 2040, adopted land use policies, and the future land
use designation for this location. This property, designated as a
Residential Neighborhood Area, envisions primarily residential uses in a
variety of complimentary building types and configurations. RSF-18 would
allow higher range of residential density not allowed in the current zoning
district and in an infill location, consistent with the City's land use policies.
The current and proposed zoning designations, RSF-8 and RSF-18,
respectively, provide identical by -right and conditional uses. They differ,
however, in the bulk area requirements, setbacks, and other density -
oriented regulations. Specifically, the lot width minimum requirement for
single-family dwellings in RSF-8 is 50 feet whereas the minimum in RSF-18
is 30 feet. The suggested development encourages infill without creating
lots that vary in size significantly from the surrounding properties.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The requested rezoning is needed to provide the adequate lot width
minimum to construct three single-family dwellings. The existing structure
is deteriorating and foundationally challenged. The goal of the developer is
to provide more affordable housing through infill development and help
reduce urban sprawl.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Rezoning and redevelopment of the property under RSF-18, has the potential
to slightly increase traffic on Hendrix Street. The size of the property, totaling
around half an acre, will naturally restrict the number of potential dwellings,
and therefore the possibility of increased traffic danger and congestion will
not be appreciable.
4. A determination as to whether the proposed zoning would alter the population density and
thereby undesirably increase the load on public services including schools, water, and
sewer facilities.
Planning Commission
September 14, 2020
Agenda Item 6
RZN 20-000006 Fugitt
Page 4 of 14
Finding: Rezoning the property from RSF-8 to RSF-18 increases the potential
population density, but will not undesirably increase the load on facilities
and services. As noted above, this half -acre property has access to existing
water, sewer, and other public services that eliminate the need for costly
extensions or stretched fire or police service.
5. If there are reasons why the proposed zoning should not be approved in view of
considerations under b (1) through (4) above, a determination as to whether the proposed
zoning is justified and/or necessitated by peculiar circumstances such as:
a. It would be impractical to use the land for any of the uses permitted
under its existing zoning classifications;
b. There are extenuating circumstances which justify the rezoning even
though there are reasons under b (1) through (4) above why the
proposed zoning is not desirable.
Finding: N/A
RECOMMENDATION: Planning staff recommends forwarding RZN-2020-000006 to the
City Council with a recommendation for approval.
PLANNING COMMISSION ACTION: Required YES
Date: September 14, 2020 O Tabled O Forwarded O Denied
IMotion:
(Second:
BUDGET/STAFF IMPACT:
None
Attachments:
• Unified Development Code:
o §161.09 —Residential Single -Family, 4 Units Per Acre
o §161.10 —Residential Single -Family, 8 Units Per Acre
• Request letter
• One Mile Map
• Close-up Map
• Current Land Use Map
• Future Land Use Map
Planning Commission
September 14, 2020
Agenda Item 6
RZN 20-000006 Fugitt
Page 5 of 14
161.09 - District RSF-8, Residential Single -Family - Eight (8) Units Per Acre
(A) Purpose. The RSF-8 Residential District is designed to bring historic platted development into conformity and to
allow for the development of new single family residential areas with similar lot size, density, and land use as the
historical neighborhoods in the downtown area.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 41
Accessory dwellings
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Unit 4
Public protection and utility facilities
Cultural and recreational facilities
Government facilities
Two-family dwellings
Unit 5
Unit 9
Unit 12a
Limited business
Unit 24
Home occupations
Unit 36
Wireless communications facilities
Unit 44
Cluster Housing Development
(C) Density.
By Right
Single-family dwelling units per acre 8 or less
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
Single-family 150 feet
Two (2) family 50 feet
Townhouse, no more than two (2) attached 12.5 feet
Planning Commission
September 14, 2020
Agenda Item 6
RZN 20-000006 Fugitt
Page 6 of 14
(2) Lot Area Minimum.
15ingle-family 15,000 square feet
FTwo-family 5,000 square feet
(3) Land Area Per Dwelling Unit.
Single-family 5,000 square feet
FTwo-family 5,000 square feet
FTownhouse, no more than two (2) attached 2,500 square feet
(E) Setback Requirements.
Front Side Rear
115 feet 5 feet 5 feet
(F) Height Regulations.
Building Height Maximum 3 stories
(G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area, except when a
detached garage exists or is proposed; then the area occupied by all buildings shall not exceed 60% of the total
lot area. Accessory ground mounted solar energy systems shall not be considered buildings.
(Ord. No. 4783, 10-18-05; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5224, 3-3-09; Ord. No. 5312, 4-
20-10; Ord. No. 5462, 12-6-11; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §8, 1-17-17; Ord. No. 6015 , §1(Exh. A),
11-21-17; Ord. No. 6245 , §2, 10-15-19)
161.10 - District RSF-18, Residential Single -Family - Eighteen (18) Units Per Acre
(A) Purpose. The RSF-18 Single-family Residential District is designed to promote and encourage the efficient
development of single-family detached residences in a variety of densities.
Planning Commission
September 14, 2020
Agenda Item 6
RZN 20-000006 Fugitt
Page 7 of 14
(B) Uses.
(1) Permitted Uses.
Unit 1 I City-wide uses by right
Unit 8 Single-family dwellings
Unit 41 Accessory dwellings
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 9
Two-family dwellings
Unit 12a
Limited business
Unit 24
Home occupations
Unit 36
Wireless communications facilities
Unit 44
Cluster Housing Development
(C) Density.
Units per acre Eighteen (18) or less
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
Single-family 30 feet
Two (2) family 30 feet
(2) Lot Area Minimum.
Townhouses: individual lot
Single-family
1,250 square feet
2,500 square feet
Planning Commission
September 14, 2020
Agenda Item 6
RZN 20-000006 Fugitt
Page 8 of 14
Two-family 2,000 square feet
(E) Setback Requirements.
Front Side
Side -Zero Lot Line* Rear
A build -to zone that
A setback of less than five feet
is located between 5 feet
(zero lot line) is permitted on one
the front property on
interior side, provided a 5
line and a line 25 ft. both
maintenance agreement is feet
from the front sides
filed**. The remaining side
property line.
setback(s) shall be 10 feet.
* A zero lot line is an alternative to the 5 foot building setback. Applicants should consult the International Building Code
when locating a structure in close proximity to property lines and/or adjacent structures.
** At least 5 feet of maintenance area shall be provided along a structure that is within 5 feet of a property line. This
may be provided through a perpetual maintenance easement on the adjacent property, or through a combination of a
maintenance easement and private property. Walls, fences and customary yard accessories are permitted in the
maintenance area.
(F) Building Height Regulations.
Building Height Maximum 3 stories
(G) Building Area. The area occupied by all buildings shall not exceed 60% of the total lot area. Accessory ground
mounted solar energy systems shall not be considered buildings.
(H) Minimum Buildable Street Frontage. 50% of the lot width for two-family dwellings.
(Ord. No. 5800 , §2(Exh. B), 10-6-15; Ord. No. 5824, §2, 11-17-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945, §8,
1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6245 , §2, 10-15-19)
Planning Commission
September 14, 2020
Agenda Item 6
RZN 20-000006 Fugitt
Page 9 of 14
Compatibility Statement
I am requesting that my lot located at 1278 W Hendrix St, parcel # 765-06282-000 be rezoned
from RSF-8 to RSF-18. Should this rezone be approved, my plan is to remove the existing
structure and build 3 single family homes similar to the existing homes on the street. The
existing structure is foundationally compromised, deteriorating and has become an eye sore and
safety concern for the neighborhood. Police have been called multiple times to the property to
remove trespassers and vagrants. I believe new homes would improve the character of the
neighborhood and aligns with the City's goal of providing more affordable housing through infill
and will help reduce urban sprawl. The designated future land use of this property is Residential
Neighborhood Area and there are already some variations in residential land uses adjacent to the
property with the majority of the street having just been rezoned to RSF-18. There are utilities
already available to the site as well.
Planning Commission
September 14, 2020
Agenda Item 6
RZN 20-000006 Fugitt
Page 10 of 14
ssion
2020
Agenda Item 6
RZN 20-000006 Fugitt
Page 11 of 14
RZN-2020-000006
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4, 2020
Agenda Item 6
RZN 20-000006 Fugitt
Page 12 of 14
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4, 2020
Agenda Item 6
RZN 20-000006 Fugitt
Page 13 of 14
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Agenda Item 6
RZN 20-000006 Fugitt
Page 14 of 14
Umberger, Ryan
From: Joyce Richards <joyari4372@outlook.com>
Sent: Thursday, September 10, 2020 3:13 PM
To: Umberger, Ryan
Cc: Joyce Richards
Subject: Fwd: 2020-000006 1278 West Hendrix Street rezoning
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize
the sender and know the content is safe.
Mr. Umberger:
Could you please see that all interested parties in this rezoning get a copy of this before Monday's meeting. Thank you
From: Joyce Richards <joyari4372@outlook.com>
Date: September 10, 2020 at 3:04:40 PM CDT
To: "planning@fayetteville-ar.gov" <planning@fayetteville-ar.gov>
Cc: Joyce Richards <joyari4372@outlook.corn >
Subject: 2020-000006 1278 West Hendrix Street rezoning
How many times do we in this neighborhood have to ask you to keep
this development at a sensible amount of structures?
How many times do we have to say overfill is not consistent with this
neighborhood or any other in Fayetteville?
How many times do we have to say use common sense and don't allow
over -development in this neighborhood. It doesn't fit in.
How many times do we have to say please don't cover every inch of
ground? Consider the runoff and the areas to the west where that
runoff goes, like West End which very often gets flooded.
How many times do we have to say, Please save the trees?
How many times do we have to say are you listening to what we who
live in this neighborhood have to say?
Are you listening or are our comments just blowing in the wind.
Joyce Richards
1673 North Stephens Avenue
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2020-0709
Agenda Date: 10/20/2020 Version: 1 Status: First Reading
In Control: City Council Meetinq File Type: Ordinance
Agenda Number: B.2
AMEND §130.01 ADOPTION OF STATE CRIMINAL CODE:
AN ORDINANCE TO AMEND § 130.01 ADOPTION OF STATE CRIMINAL CODE OF THE
FAYETTEVILLE CODE TO INCLUDE A HATE CRIME COMPONENT WITHIN CITY
PROSECUTIONS OF CERTAIN STATE CRIMINAL MISDEMEANORS
WHEREAS, the vast majority of states recognize that when certain crimes are committed to hurt or terrorize
persons because of their race, religion, gender, gender identity, sexual orientation, disability or national origin,
such especially reprehensible and unacceptable conduct should be properly identified and criminally punished as
"hate crimes;" and
WHEREAS, the Legislature has enacted A.C.A. §16-123-106, Hate offenses to authorize a civil action for
intimidation, harassment, violence or vandalism directed at a victim because of racial, religious or ethnic
animosity, but such victims deserve further protection; and
WHEREAS, Arkansas is one of the last states in our nation which ignores the intentionally cruel and terrorizing
nature of these hate crimes by failing to label them as hate crimes or to criminally punish the perpetrators for
these hate crimes; and
WHEREAS, the City of Fayetteville wishes to do everything legally possible to shine the light on those who
commit such hate crimes; and
WHEREAS, the City Council is "authorized and empowered to prohibit and punish any act, matter, or thing
which the laws of this state make a misdemeanor" (A.C.A. § 14-55-501); and
WHEREAS, "the penalties fixed by a city must fall within the state minimums and maximums," Ford v. City of
Hot Springs, 294 Ark. 435, 743 S.W. 2d 394, 395 (1988); and
WHEREAS, a city ordinance based upon a state law making an act a misdemeanor must have the exact same
punishment provision as that state criminal law and may neither exceed nor allow "less severe penalties... than
are prescribed for similar offenses against the state laws" (A.C.A. § 14-55-502 State law to be followed); and
WHEREAS, when a criminal commits acts in such manner as to be guilty of a state misdemeanor and commits
such criminal conduct with the intention to hurt or terrorize the victim or others because of their race, religion,
gender, gender identity, national origin, sexual orientation, or disability, the City Prosecutor should be able to
City of Fayetteville, Arkansas Page 1 Printed on 1011512020
File Number: 2020-0709
present evidence of such hate crime intention to the Court and jury.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends Article I § 130.01
Adoption of State Criminal Code by repealing it in its entirety and enacting a replacement Article I § 130.01
as follows:
"130.01 Adoption by Reference of Appropriate State Criminal Misdemeanor Statutes as Violations
of the Fayetteville Code with the Authorization for the Fayetteville City Prosecutor to also Prove a
Hate Crime Element for such Violation.
(A) This section shall be called the "Hate Crime Recognition as Deterrence Code."
(B) The City of Fayetteville hereby adopts by reference the Arkansas State Criminal Code for the
following misdemeanors found within that Code and determines that any person who would be guilty of
a misdemeanor pursuant to one of the below listed crimes and also commits such criminal conduct with
the intention or purpose to hurt, intimidate or terrorize the victim or others because of their actual or
perceived race, religion, gender, gender identity, national origin, sexual orientation or disability would be
guilty of violating this Hate Crime Recognition as Deterrence Code and subject to the exact penalties
prescribed for these misdemeanors pursuant to State Law.
(1) Battery in the Third Degree, A.C.A. §5-13-203
(2) Assault in the Second Degree, A.C.A. §5-13-206
(3) Assault in the Third Degree, A.C.A. §5-13-207
(4) Coercion, A.C.A. §5-13-208
(5) Terroristic Threatening, A.C.A. §5-13-301
(6) Arson, A.C.A. §5-38-301
(7) Criminal Mischief in First Degree, A.C.A. §5-38-203
(8) Criminal Mischief in Second Degree, A.C.A. §5-38-204
(9) Filing False report with law enforcement agency, A.C.A. §5-54-122
(10) Disorderly Conduct, A.C.A. §5-71-207
(11) Harassment, A.C.A. §5-71-208
(12) Harassing Communication, A.C.A. §5-71-209
(13) Communication a False Alarm, A.C.A. §5-71-210
(14) Threatening a fire or bombing, A.C.A. §5-71-211
(15) Cyberbullying, A.C.A. §5-71-217
(16) Stalking in the Third Degree, A.C.A. §5-71-229(c)
This adoption by reference of the above listed sections of the Arkansas Criminal Code shall also include
any and all future amendments to those identified sections relating to misdemeanors and punishments
therefor.
(C)The City Prosecutor shall report annually during the first City Council meeting in May of the number of
City of Fayetteville, Arkansas Page 2 Printed on 1011512020
File Number: 2020-0709
suspects that the City Prosecutor's Officer has prosecuted under this Hate Crimes Recognition as
Deterrence Code and the number of guilty verdicts, guilty or no contest pleas obtained for the previous
annual period ending March 31.
(D)Severability. If any word, phrase, clause, sentence, item, paragraph, section, or title of this ordinance or
of the Hate Crimes Recognition as Deterrence Code is declared or adjudged to be illegal, invalid or
unconstitutional, such declaration or adjudication shall not affect the remaining portions of the ordinance
or Code which shall remain in full force and effect as if the portion so declared or adjudged illegal,
invalid or unconstitutional was not originally a part of the ordinances or Code.
City of Fayetteville, Arkansas Page 3 Printed on 1011512020
Legistar ID No.: 2020- Q 7 crJ 41
AGENDA REQUEST FORM
FOR: Council Meeting of September 1, 2020
FROM: Council Member Teresa Turk
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
AN ORDINANCE TO AMEND § 130.01 ADOPTION OF STATE CRIMINAL CODE
OF THE FA YETTEVILLE CODE TO INCLUDE A HATE CRIME COMPONENT
''W1TH1N CITY PROSECUTIONS OF CERTAIN STATE CRIMINAL MISDEMEANORS
APPROVED FOR AGENDA:
Council Member Teresa Turk
$/1- /2-0
Date
City Attorney Kit Williams Da-te �~
Approved as to form
ORDINANCE NO.
AN ORDINANCE TO AMEND § 130.01 ADOPTION OF STATE CRIMINAL CODE OF
THE FAYETTEVILLE CODE TO INCLUDE A HATE CRIME COMPONENT WITHIN CITY
PROSECUTIONS OF CERTAIN STATE CRIMINAL MISDEMEANORS
WHEREAS, the vast majority of states recognize that when certain crimes are committed to hurt
or terrorize persons because of their race, religion, gender, gender identity, sexual orientation,
disability or national origin, such especially reprehensible and unacceptable conduct should be
properly identified and criminally punished as "hate crimes;" and
WHEREAS, the Legislature has enacted A.C.A. § 16-123-106, Hate offenses to authorize a civil
action for intimidation, harassment, violence or vandalism directed at a victim because of racial,
religious or ethnic animosity, but such victims deserve further protection; and
WHEREAS, Arkansas is one of the last states in our nation which ignores the intentionally cruel
and terrorizing nature of these hate crimes by failing to label them as hate crimes or to criminally
punish the perpetrators for these hate crimes; and
WHEREAS, the City of Fayetteville wishes to do everything legally possible to shine the light
on those who commit such hate crimes; and
WHEREAS, the City Council is "authorized and empowered to prohibit and punish any act,
matter, or thing which the laws of this state make a misdemeanor" (A.C.A. §14-55-501); and
WHEREAS, "the penalties fixed by a city must fall within the state minimums and maximums,"
Ford v. City of Hot Springs, 294 Ark. 435, 743 S.W. 2d 394, 395 (1988); and
WHEREAS, a city ordinance based upon a state law making an act a misdemeanor must have
the exact same punishment provision as that state criminal law and may neither exceed nor allow
"less severe penalties... than are prescribed for similar offenses against the state laws" (A.C.A.
§14-55-502 State law to be followed); and
WHEREAS, when a criminal commits acts in such manner as to be guilty of a state
misdemeanor and commits such criminal conduct with the intention to hurt or terrorize the
victim or others because of their race, religion, gender, gender identity, national origin, sexual
orientation, or disability, the City Prosecutor should be able to present evidence of such hate
crime intention to the Court and jury.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends Article I
§ 130.01 Adoption of State Criminal Code by repealing it in its entirety and enacting a
replacement Article I § 130.01 as follows:
"130.01 Adoption by Reference of Appropriate State Criminal Misdemeanor Statutes as
Violations of the Fayetteville Code with the Authorization for the Fayetteville City
Prosecutor to also Prove a Hate Crime Element for such Violation.
(A) This section shall be called the "Hate Crime Recognition as Deterrence Code."
(B) The City of Fayetteville hereby adopts by reference the Arkansas State Criminal Code for
the following misdemeanors found within that Code and determines that any person who
would be guilty of a misdemeanor pursuant to one of the below listed crimes and also
commits such criminal conduct with the intention or purpose to hurt, intimidate or
terrorize the victim or others because of their actual or perceived race, religion, gender,
gender identity, national origin, sexual orientation or disability would be guilty of
violating this Hate Crime Recognition as Deterrence Code and subject to the exact
penalties prescribed for these misdemeanors pursuant to State Law.
(1) Battery in the Third Degree, A.C.A. §5-13-203
(2) Assault in the Second Degree, A.C.A. §5-13-206
(3) Assault in the Third Degree, A.C.A. §5-13-207
(4) Coercion, A.C.A. §5-13-208
(5) Terroristic Threatening, A.C.A. §5-13-301
(6) Arson, A.C.A. §5-38-301
(7) Criminal Mischief in First Degree, A.C.A. §5-38-203
(8) Criminal Mischief in Second Degree, A.C.A. §5-38-204
(9) Filing False report with law enforcement agency, A.C.A. §5-54-122
(10) Disorderly Conduct, A.C.A. §5-71-207
(11) Harassment, A.C.A. §5-71-208
(12) Harassing Communication, A.C.A. §5-71-209
(13) Communication a False Alarm, A.C.A. §5-71-210
(14) Threatening a fire or bombing, A.C.A. §5-71-211
(15) Cyberbullying, A.C.A. §5-71-217
(16) Stalking in the Third Degree, A.C.A. §5-71-229(c)
This adoption by reference of the above listed sections of the Arkansas Criminal Code
shall also include any and all future amendments to those identified sections relating to
misdemeanors and punishments therefor.
(C)The City Prosecutor shall report annually during the first City Council meeting in
May of the number of suspects that the City Prosecutor's Officer has prosecuted under
this Hate Crimes Recognition as Deterrence Code and the number of guilty verdicts,
guilty or no contest pleas obtained for the previous annual period ending March 31.
(D)Severability. If any word, phrase, clause, sentence, item, paragraph, section, or title
of this ordinance or of the Hate Crimes Recognition as Deterrence Code is declared or
adjudged to be illegal, invalid or unconstitutional, such declaration or adjudication shall
not affect the remaining portions of the ordinance or Code which shall remain in full
force and effect as if the portion so declared or adjudged illegal, invalid or
unconstitutional was not originally a part of the ordinances or Code.
PASSED and APPROVED this 1 st day of September, 2020.
APPROVED:
I0
LIONELD JORDAN, Mayor
ATTEST:
KARA PAXTON, City Clerk/Treasurer
Submit Public Comment
This page is provided for efficient submission of public comment for City Council and Planning
Commission meetings. All submissions must be directly related to a specific agenda item for the
next meeting.
Please ensure your comments conform to the Rules of Order and Procedure.
RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL
Full Name* Janet Graige
Address or Ward* Address
Ward
Locate Your Ward Number
Ward * Ward 2
Phone Number 8302852836
Email janetlgraige@gmail.com
Meeting Body* City Council
Agenda Item Hate crime
Number/Subject Please click the link below to navigate to the Agenda Page
Locate City Council Agenda Item
Locate Planning Commission Agenda Item
Position In Favor
Comments Please vote in favor of harsh penalties for hate crimes. White supremacy is alive
and well in Fayetteville and must be called out as domestic terrorism by all means
necessary. Council needs to be a voice for the marginalized and those not at the
table. This includes LGBTQ, Black youth and adults, marginalized women, refugee
and immigrant populations and all groups that are on the fringe. As our Council and
those holding power in this city are still predominately white and hetero male
Christian we need to address the prejudice, discrimination and systemic racism
present in these systems by folks that don't usually see or hear the marginalized
voices very well.
Attachments PDF preferred
Section from the RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY
COUNCIL Adopted 01/07/2020 by Resolution #01-20 & Amended 06/16/2020 by
Resolution #170-20:
Public Comments. Public comment at a City Council meeting shall be allowed for all members of the audience
who have signed up prior to the beginning of the agenda item they wish to address being opened for public
comment. Speakers shall be limited to a maximum of five (5) minutes to be broken into segments of three and two
minutes. Amendments may receive public comments only if approved by the City Council by unanimous consent or
majority vote. If public comment is allowed for an amendment, speakers will only be allowed to speak for three (3)
minutes. The City Council may allow both a speaker additional time and an unsigned -up person to speak by
unanimous consent or majority vote
Courtesy and Respect. All members of the public, all city staff and elected officials shall accord the utmost courtesy and
respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive
comments and statements about motives or personalities. Any member of the public who violates these standards shall
be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium.
Enter the text you want this field to display
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2020-0852
Agenda Date: 10/20/2020 Version: 1 Status: Agenda Ready
In Control: City Council Meetinq File Type: Resolution
Agenda Number: C.1
LANDLORDS IN FAYETTEVILLE:
A RESOLUTION TO ENCOURAGE ALL LANDLORDS IN FAYETTEVILLE TO ENSURE THE
HABITABILITY AND SAFETY OF THEIR RENTAL PROPERTIES, AND TO REQUEST THAT THE
MAYOR RESEARCH POTENTIAL CHANGES TO THE CITY CODE TO PROVIDE GREATER
PROTECTIONS TO TENANTS
WHEREAS, § 173.08, Unsafe Buildings and Property Nuisances of the Unified Development Code prohibits
any house or building that "has become dilapidated, unsafe, unsanitary, or detrimental to the public welfare";
and
WHEREAS, the State of Arkansas has no warranty of habitability and very poor tenant protections; and
WHEREAS, all tenants should have the right to live in a safe and structurally sound home.
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 encourages all landlords and
rental property managers to ensure the habitability and safety of their rental properties including the structural
integrity of those structures and working plumbing, mechanical, electrical, and fire protection systems.
Section 2: That the City Council of the City of Fayetteville, Arkansas requests that the Mayor research potential
changes to the City Code to provide greater protections to tenants in the City of Fayetteville that do not conflict
with Arkansas law.
City of Fayetteville, Arkansas Page 1 Printed on 1011512020
Legistar ID No.: 2020-0852
AGENDA REQUEST FORM
FOR: Council Meeting of October 20, 2020
FROM: Council Member Sloan Scroggin
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
A RESOLUTION TO ENCOURAGE ALL LANDLORDS IN FAYETTEVILLE TO ENSURE
THE HABITABILITY AND SAFETY OF THEIR RENTAL PROPERTIES, AND TO
REQUEST THAT THE MAYOR RESEARCH POTENTIAL CHANGES TO THE CITY
CODE TO PROVIDE GREATER PROTECTIONS TO TENANTS
APPROVED FOR AGENDA:
Annio�cc� P.�n l 1o(�%ZOZo
Co�ii cil Me ber Sloan Scroggin Date
Asst. City Attorney Blake Pennington Date
Approved as to form
RESOLUTION NO.
A RESOLUTION TO ENCOURAGE ALL LANDLORDS IN FAYETTEVILLE TO ENSURE
THE HABITABILITY AND SAFETY OF THEIR RENTAL PROPERTIES, AND TO
REQUEST THAT THE MAYOR RESEARCH POTENTIAL CHANGES TO THE CITY
CODE TO PROVIDE GREATER PROTECTIONS TO TENANTS
WHEREAS, § 173.08, Unsafe Buildings and Property Nuisances of the Unified Development
Code prohibits any house or building that "has become dilapidated, unsafe, unsanitary, or
detrimental to the public welfare"; and
WHEREAS, the State of Arkansas has no warranty of habitability and very poor tenant
protections; and
WHEREAS, all tenants should have the right to live in a safe and structurally sound home.
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 encourages all
landlords and rental property managers to ensure the habitability and safety of their rental
properties including the structural integrity of those structures and working plumbing,
mechanical, electrical, and fire protection systems.
Section 2: That the City Council of the City of Fayetteville, Arkansas requests that the Mayor
research potential changes to the City Code to provide greater protections to tenants in the City
of Fayetteville that do not conflict with Arkansas law.
PASSED and APPROVED this 20th day of October, 2020.
APPROVED:
ATTEST:
By: By:
LIONELD JORDAN, Mayor KARA PAXTON, City Clerk/Treasurer
173.08 - Unsafe Buildings And Property Nuisances
(A) No person or persons, partnership, corporation or association, hereinafter referred to as 'owner",
shall keep or maintain any house or building within the corporate limits of the city which has become
dilapidated, unsafe, unsanitary, or detrimental to the public welfare.
(B) Property Nuisances. It is unlawful for any person having charge or possession of any property to
maintain it in such a manner that it is determined by the city, after a due process hearing, that a
property nuisance exists upon such property. A property nuisance shall exist whenever any of the
following findings are made by the City Council after a public, due process hearing:
(1) The condition of the property endangers the life, health, property, safety, or welfare of the
public or occupants of the property.
(2) The condition of the property is so dilapidated as to cause a diminution of the enjoyment, use
or property values of neighboring properties.
(3) The condition of the property is detrimental to the public health, safety and general welfare.
(4) Unoccupied buildings or structures that are not properly secured, locked, or closed.
(5) Unfinished. Buildings or structures under construction that have been abandoned or are
inactive and for which there are no valid permits.
(6) Inadequate Sanitation, Light or Ventilation. Occupied buildings or structures which lack hot and
cold running water to plumbing fixtures or lack the minimum amounts of natural light and
ventilation as required by this Code.
(7) Structural Hazards. Buildings or structures which have such defective, deteriorated or
inadequate foundations; flooring and/or floor support; wall, partition, or other vertical support;
ceiling, roof, or other horizontal support; fireplace or chimney as to result in unsafe conditions.
(8) Inadequate or Hazardous Wiring. All wiring except that which conformed with all applicable
laws in effect at the time of installation and which has been maintained in good condition and is
being used in a safe manner.
(9) Inadequate or Faulty Plumbing. All plumbing except that which conformed with all applicable
laws in effect at the time of installation and which has been maintained in good condition and
which is free of cross connections.
(10) Inadequate Means of Egress. All means of egress and related components except that which
conformed with all applicable laws in effect at the time of installation and which has been
maintained in good condition.
(11) Inadequate Fire Suppression and Alarm systems. All fire suppression and alarm systems
except that which conformed with all applicable laws in effect at the time of installation and
which has been maintained in good condition.
(12) Dilapidated Exterior. Dilapidated roof coverings; dilapidated or unfinished exterior wall
coverings; broken or missing doors and/or windows.
(C) Abatement Procedures for Unsafe Buildings and Property Nuisances; Raze and Removal and Lien
Authorized.
(1) City Prosecution Authorized. The rules and procedures of the Code Compliance Program for
abatement of Unsafe Buildings and Property Nuisances should be followed. If the results of
such efforts are unsatisfactory, the Code Compliance Division Director may forward the matter
for prosecution to the City Prosecutor and/or to the City Council for consideration of a raze and
removal resolution.
(2) City Council Determination Whether Property Nuisance Exists. Upon referral from the Code
Compliance Division, the City Council shall hold a public hearing to determine whether or not
the subject building is a property nuisance for any of the reasons specified in §173.09(B) or
otherwise unsafe, dilapidated, unsanitary or a detriment to the public welfare.
(3) Raze and Removal Order. Upon the City Council's determination that the subject building is so
unsafe, dilapidated, or unsanitary or such a nuisance that its raze and removal is necessary to
protect the public health, safety, or welfare, the City Council shall by resolution order the owner
of the building to completely abate said nuisance or to raze and remove the unsafe or nuisance
building within not less than thirty (30) days.
(4) Lien on the Property. If the owner fails to comply with the Resolution to completely abate this
nuisance or to raze and remove the unsafe or nuisance building within the allowed period of
time, the City of Fayetteville has the power to raze and remove the unsafe or nuisance building.
If the City of Fayetteville razes and removes the unsafe or nuisance building, the City Council
shall hold a public hearing to determine the fair and true costs to the city for this raze and
removal and shall place a lien in that amount upon the subject property to be enforced pursuant
to the lien enforcement procedures of §95.03 of the Fayetteville Code.
(Code 1991, §§151.51, 151.52(A)(1)(2); Ord. No. 3948, 02-20-96; Ord. No. 4100, §2 (Ex. A), 6-
16-98; Ord. No. 4679, 2-15-05; Ord. No. 5019, 5-15-07; Ord. No. 5563, 01-15-13; Ord. No. 6206
, §§5, 11, 12, 7-16-19)
Editor's note— See editor's note to § 173.03.
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2020-0821
Agenda Date: 10/20/2020 Version: 1 Status: Agenda Ready
In Control: City Council Meetinq File Type: Ordinance
Agenda Number: C.2
RZN-2020-005 (660 W. WHILLOCK STJMISTRETTA):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
20-005 LOCATED AT 660 WEST WHILLOCK STREET FOR APPROXIMATELY 0.80 ACRES
FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RMF-12, RESIDENTIAL
MULTI FAMILY, 12 UNITS PER ACRE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of
the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning
Department's Agenda Memo from RSF-4, Residential Single Family, 4 Units Per Acre to RMF-12,
Residential Multi Family, 12 Units Per Acre.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of
the City of Fayetteville to reflect the zoning change provided in Section 1.
City of Fayetteville, Arkansas Page 1 Printed on 1011512020
City of Fayetteville Staff Review Form
2020-0821
Legistar File ID
10/20/2020
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Garner Stoll 10/2/2020 CITY PLANNING (630)
Submitted By Submitted Date Division / Department
Action Recommendation:
RZN-2020-000005: Rezone (660 W. WHILLOCK ST./MISTRETTA, 717): Submitted by JOSEPH MISTRETTA for property
located at 660 W. WHILLOCK ST. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and
contains approximately 0.80 acres. The request is to rezone the properties to RMF-12, RESIDENTIAL MULTI FAMILY,
12 UNITS PER ACRE.
Account Number
Project Number
Budgeted Item? NA
Does item have a cost? No
Budget Adjustment Attached? NA
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Budget Impact:
Fund
Project Title
Current Budget $ -
Funds Obligated $ -
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
V20180321
Previous Ordinance or Resolution #
Approval Date:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF OCTOBER 20, 2020
TO: Mayor; Fayetteville City Council
THRU: Susan Norton, Chief of Staff
Garner Stoll, Development Services Director
FROM: Jonathan Curth, Development Review Manager
DATE: October 2, 2020
CITY COUNCIL MEMO
SUBJECT: RZN-2020-000005: Rezone (660 W. WHILLOCK ST./MISTRETTA, 717):
Submitted by JOSEPH MISTRETTA for property located at 660 W. WHILLOCK
ST. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER
ACRE and contains approximately 0.80 acres. The request is to rezone the
properties to RMF-12, RESIDENTIAL MULTI FAMILY, 12 UNITS PER ACRE.
RECOMMENDATION:
The Planning Commission recommends approval of an ordinance to rezone the subject proeprty
as descrbied and shown in the attached Exhibits `A' and `B'. Staff recommends denial of the
request.
BACKGROUND:
The subject property includes approximately 0.80 acres on the north side of Whillock Street in
South Fayetteville. Per the applicant, the building on the property has been used variously as a
rectory and a school, but is now a two-family dwelling. The subject property and most others along
Whillock are significantly sloped, with Hilltop -Hillside Overlay District (HHOD) standards applying
to the southeast corner of the subject property. In 2017, the property to the west where a church
formerly functioned, was rezoned to RI-12, Residential Intermediate, 12 Units per Acre.
Request: The request is to rezone the property from RSF-4, Residential Single-family, 4 Units
per Acre, to RMF-12, Residential Multi -family, 12 Units per Acre. The applicant stated at the
September 28, 2020 Planning Commission meeting that he would like to develop the property
with six duplexes.
Public Comment: Staff has received public comment from two nearby property owners expressing
concerns about the request. These primarily outlined the potential for additional traffic and parking
to adversely impact Whillock, given the street's narrow width. One resident noted that City and
other larger vehicles currently have to use private property to turn around due to the dead-end
length of Whillock.
Land Use Compatibility: In staff's opinion, the uses permitted within the RMF-12 zoning district
are generally compatible with those between the subject property and School Avenue. However,
the building form and intensity encouraged in the RMF-12 zoning district are incompatible with
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
the condition of Whillock Street and the residential uses to the east. Although this area may be
ideal for future development in -line with long-range planning goals, this currently appears
premature.
Land Use Plan Analysis: Staff finds the proposed rezoning to be consistent with the Future Land
Use Map but not the goals outlined in City Plan 2040. Although properties designated as City
Neighborhood Area are intended to be developed with the widest range of residential and
nonresidential uses, staff asserts that the current proposal for the subject property is in direct
contravention with encouragement of appropriate infill. As indicated by the property's infill matrix
score of 3, the property and wider neighborhood along Whillock has minimal access to the
amenities and services that support infill and make it successfully contribute to an area.
Similarly, Whillock's dead-end status limits opportunities for creating a complete, compact, and
connected neighborhood that offers the framework to positively support growth and density.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a varying score between
3 for the subject property. The following elements of the matrix contribute to the score:
• Future Land Use Map (City Neighborhood Area)
• Near Water Main (Whillock)
• Near Sewer Main (Whillock)
Note: The City is currently under development review for a fire station on South School,
approximately'/2 mile from the subject property.
DISCUSSION:
On September 14, 2020, the Planning Commission tabled the proposal and requested that staff
provide additional information about the 2017 rezoning approved to the west, the adequacy of
Whillock Street in terms of Fire Department access, a wider context of land uses in the area, and
potential alternatives to the applicant's proposal. Staff provided this information for the September
28, 2020 Planning Commission meeting (see attached staff report). At the meeting, the
Commissioners discussed varying issues, including the inconsistency of approving the rezoning
to the west, but not on the subject property, the lack of turnaround for emergency services and
other City vehicles, the inherent amenities presented by nearby employment and highway access,
the Growth Concept Map of City Plan 2040 with its anticipated growth center to the northwest,
and lastly, the balance of adequate infrastructure and desired land uses where zoning should be
set for a desired outcome prior to public improvement.
Ultimately, the Planning Commission forwarded the request to the City Council, recommending
approval, by a vote of 7-2-0. Commissioner Belden made the motion to forward with
Commissioner Hoffman providing the second. Commissioners Garlock and Paxton dissented. No
public comment was heard at the meeting, although a resident that issued comment after staff
report publication (attached) attempted to participate, but appeared to have technical issues.
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Exhibit A
• Exhibit B
• Planning Commission Staff Report
• Public Comment
RZN-2020-000005 Mistretta RZN-2020-000005
Close up view EXHIBIT IN
Ff SKEL-TON ST
� j I
o j
0
I
I
I
C-2
I
RSF-4
I
Subject Property
i
Cn
w
U >
a a -
W J /, • •..
N 2 / RI-12 JP
U
WHILLOCK-ST
NONE!,i'
NORTH
Legend
RSF-4
Hillside -Hilltop Overlay District RI-12
Feet RMF-6
— ` Planning Area I-1 Heavy Commercial and Light Industrial
L — Fayetteville City Limits C-2
-- 0 75 150 300 450 600
— I Design Overlay District
1 inch = 200 feet
Building Footprint
RZN-2020-000005
EXHIBIT 'B'
PT NE NW 0.82 A. FURTHER DESCRIBED FROM 2012-27028 AS: A Part of the Northeast 1/4 of the Northwest 1/4
of Section 33, in Township 16 North, Range 30 West, in Washington County, Arkansas, being more particularly
described as follows, to -wit: Commencing at the Northwest corner of the NE 1/4 of the NW 1/4 of said Section 33;
thence along the North line of said forty -acre tract, South 89 degrees, 58 minutes, 0 seconds East a distance of
630.00 feet to a found iron pin marking the POINT OF BEGINNING; thence continuing along said North line, South
89 degrees, 58 minutes, 0 seconds East a distance of 80.00 feet to a set rebar; thence leaving said North line, South
02 degrees, 58 minutes, 53 seconds East a distance of 192.26 feet to a set rebar; thence North 89 degrees,49
minutes, 53 seconds West a distance of 90.00 feet to a found iron pin; thence North a distance of191.78 feet to the
POINT OF BEGINNING, containing 0.37 acres, more or less. AND A Part of the Northeast 1/4 of the Northwest 1/4 of
Section 33, in Township 16 North, Range 30 West, in Washington County, Arkansas, being more particularly
described as follows, to -wit: Commencing at the Northwest corner of the NE 1/4 of the NW 1/4 of said Section 33;
thence along the North line of said forty -acre tract, South 89 degrees, 58 minutes, 0 seconds East a distance of
710.00 feet to a set rebar marking the POINT OF BEGINNING; thence continuing along said North line, South 89
degrees, 58 minutes, 0 seconds, East a distance of 90.09 feet to a found 3/8 Inch rebar; thence leaving said North
line, South 08 degrees, 49 minutes, 56
seconds East a distance of 194.58 feet, to a found iron pin; thence North 89 degrees, 49 minutes, 53 seconds West a
distance of 109.97 feet to a set rebar; thence North 02 degrees, 58 minutes, 53 seconds West a distance of 192.26
feet to the POINT OF BEGINNING; containing 0.44 acres more or less.
CITY OF
FAYETTEVILLE PLANNING COMMISSION MEMO
ARKANSAS
TO: Fayetteville Planning Commission
THRU: Jonathan Curth, Development Review Manager
MEETING DATE: September 28, 2020 (Updated with Planning Commission Results)
SUBJECT: RZN-2020-000005: Rezone (660 W. WHILLOCK ST./MISTRETTA, 717):
Submitted by JOSEPH MISTRETTA for property located at 660 W.
WHILLOCK ST. The property is zoned RSF-4, RESIDENTIAL SINGLE
FAMILY, 4 UNITS PER ACRE and contains approximately 0.80 acres. The
request is to rezone the properties to RMF-12, RESIDENTIAL MULTI
FAMILY, 12 UNITS PER ACRE.
RECOMMENDATION:
Staff recommends denial of RZN-2020-000005.
RECOMMENDED MOTION:
"I move to deny RZN-2020-000005."
SEPTEMBER 14, 2020 PLANNING COMMISSION MEETING:
On September 14t", the Planning Commission tabled the item pending additional
information to guide their decision. The Commission requested the following:
• Staff report for the adjacent property's 2017 rezoning, RZN 17-5997 (attached)
Fire Marshal evaluation of Whillock Street: The Fire Marshal performed a site visit
and measured the length of the street as approximately 1,350 feet and its width as
18 feet from edge -of -asphalt to edge -of -asphalt. Dead end roads in between 501 and
750 are required under fire code to provide a minimum 26-foot width and a 96-foot
diameter turnaround, neither of which are present on Whillock. Dead ends in excess
of 750 fee require these elements and special approval.
Context: Whillock is a dead end street that has seen limited new construction since
1965. Buildings near School tend to be built near Whillock, while those further
uphill, towards the dead end, are setback well away from the street. This
neighborhood is separated from other residential uses by large undeveloped lots.
The adjacent School Avenue is the location of numerous businesses, from
manufacturing and vehicle sales to convenient stores and County facilities. School
Avenue at is intersection with Whillock is a state highway.
• Alternative Zoning Districts: Per the applicant's comments, their desire is to build
two 2-family dwellings. Based on informal measurements and County parcel
records, the two duplexes could be developed by -right under RI-12, RI-U, any RMF
district, or any mixed -use zoning district that requires urban form. By conditional
use, two 2-family dwellings are permitted in RSF-4, -7, -8, and -18.
BACKGROUND:
The subject property includes approximately 0.80 acres on the north side of Whillock Street in
South Fayetteville. Per the applicant, the building on the property has been used variously as a
rectory and a school, but is now a two-family dwelling. The subject property and most others along
Whillock are significantly sloped, with Hilltop -Hillside Overlay District (HHOD) standards applying
to the southwest corner of the subject property. In 2017, the property to the west where a church
formerly functioned, was rezoned to RI-12, Residential Intermediate, 12 Units per Acre.
Surrounding land uses and zoning is depicted in Table 1.
Table 1
Surrounding Land Use and Zoning
Direction
Land Use
Zoning
North
Multi -family Residential
RSF-4, Residential Single-family, 4 Units per Acre
South
Undeveloped
RSF-4, Residential Single-family, 4 Units per Acre
East
Single-family Residential
RSF-4, Residential Single-family, 4 Units per Acre
West
Former Church (Possibly Residential)
RI-12, Residential Intermediate, 12 Units per Acre
Request: The request is to rezone the property from RSF-4, Residential Single-family, 4 Units
per Acre, to RMF-12, Residential Multi -family, 12 Units per Acre. The applicant has not
indicated plans for the property.
Public Comment:
(attached). These
impact Whillock.
Staff has received public comment expressing concerns about the request
primarily outlined the potential for additional traffic and parking to adversely
INFRASTRUCTURE:
Streets: The subject property has frontage to West Whillock Street, an unimproved
Residential Link with no curb and gutter, sidewalks, or greenspace. Any street
improvements required in these areas would be determined at the time of
development proposal.
Water: Public water is available to the subject area. An existing 6-inch water main is
present along Whillock Street.
Sewer: Sanitary Sewer is available to the subject area. An existing 8-inch sanitary sewer
main is present along Whillock Street.
Drainage: While the property is not within a FEMA-designated floodplain nor is it the location
of a protected stream, portions of the property are within the HHOD. Any additional
improvements or requirements for drainage will be determined at the time of
development.
Fire: The property is protected by Station 6, located at 900 South Hollywood, which is
about 3.2 miles away with an anticipated drive time of approximately 7 minutes
using existing streets. The anticipated response time would be approximately 9.2
minutes. Fire Department response time is calculated based on the drive time
plus 1 minute for dispatch and 1.2 minutes for turn -out time. Within the City
Limits, the Fayetteville Fire Department has a response time goal of 6 minutes
for an engine and 8 minutes for a ladder truck.
In the future, a new fire station is proposed at 2260 South School Avenue. The
subject property will be served by this location with an anticipated response time
of 5.2 minutes.
Police: The Police Department expressed no concerns with this request.
CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates
the property within the proposed rezone as City Neighborhood Area.
City Neighborhood Areas are more densely developed than residential neighborhood areas and
provide a varying mix of nonresidential and residential uses. This designation supports the widest
spectrum of uses and encourages density in all housing types.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a varying score between
3 for the subject property. Per the Planning Commission's Infill Matrix weighting, this represents
a score of 3.5. The following elements of the matrix contribute to the score:
• Future Land Use Map (City Neighborhood Area)
• Near Water Main (Whitlock)
• Near Sewer Main (Whitlock)
Note: The City is currently evaluating fire station locations in South Fayetteville, including one
location approximately'/2 mile from the subject property which would likely result in a sub-4 minute
response time.
FINDINGS OF THE STAFF
A determination of the degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning plans.
Finding: Land Use Compatibility: In staff's opinion, the uses permitted within the
RMF-12 zoning district are generallyt compatible with those between the
subject property and School Avenue. However, the building form and
intensity encouraged in the RMF-12 zoning district are incompatible with he
condition of Whillock Street and the residential uses to the east. Although
this area may be ideal for future development in -line with long-range
planning goals, this currently appears premature.
Land Use Plan Analysis: Staff finds the proposed rezoning to be consistent
with the Future Land Use Map but not the goals outlined in City Plan 2040.
Although properties designated as City Neighborhood Area are intended to
be developed with the widest range of residential and nonresidential uses,
staff asserts that the current proposal for the subject property is in direct
contravention with encouragement of appropriate infill. As indicated by the
property's infill matrix score of 3, the property and wider neighborhood
along Whillock has minimal access to the amenities and services that
support infill and make it successfully contribute to an area. Similarly,
Whillock's dead-end status limits opportunities for creating a complete,
compact, and connected neighborhood that offers the framework to
positively support growth and density.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The applicant's request letter describes the proposal as justified given the
previous non-residential use of the property. Additionally, they cite the 2017
rezoning of the property to the west to RI-12 as reasoning for approval of
their request. While staff finds that the Future Land Use Map provides some
support for the rezoning, overriding concerns regarding land use, access to
services and amenities, and existing infrastructure supersede this.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Staff does not find the applicant's proposal to represent a traffic danger, but
development of the property under the RMF-12 zoning district, and under a
development threshold that does not necessitate street improvements, may
adversely affect the functioning of Whillock. Whillock is narrow, at less than
20-foot in width in several places, with no curb and gutter or sidewalk.
4. A determination as to whether the proposed zoning would alter the population density and
thereby undesirably increase the load on public services including schools, water, and
sewer facilities.
Finding: Rezoning the property to RMF-12 will lead to an increased density potential
over the current RSF-4 zoning designation. However, there are existing and
adequate water and sanitary sewer services to support development.
Additionally, neither the Police or Fire Departments, nor the Fayetteville
Public School District expressed concerns with the rezoning.
5. If there are reasons why the proposed zoning should not be approved in view of
considerations under b (1) through (4) above, a determination as to whether the proposed
zoning is justified and/or necessitated by peculiar circumstances such as:
a. It would be impractical to use the land for any of the uses permitted
under its existing zoning classifications;
b. There are extenuating circumstances which justify the rezoning even
though there are reasons under b (1) through (4) above why the
proposed zoning is not desirable.
Finding: Not applicable. The property is currently being used residentially, and denial
of this request does not preclude continued use. Similarly, staff does not
find the City Council's decision to rezone the adjacent former church to
indicate the appropriateness of rezoning the subject property.
RECOMMENDATION: Planning staff recommends denial of RZN-2020-00005.
PLANNING COMMISSION ACTION: Required YES
Date: September 28, 2020 0 Tabled 0 Forwarded O Denied
Motion: Belden, recommending approval
(Second: Hoffman
Vote: 5-2-0, Paxton and Garlock dissentin
BUDGET/STAFF IMPACT:
None
Attachments:
• Unified Development Code:
o §161.07 — RSF-4, Residential Multi -family, 4 Units per Acre
o §161.14 — RMF-12, Residential Multi -family, 12 Units per Acre
• Staff Report, RZN 17-5997 (Moldenhauer)
• Request letter
• One Mile Map
• Close-up Map
• Current Land Use Map
• Future Land Use Map
161.07 - District RSF-4, Residential Single -Family - Four (4) Units Per Acre
(A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density
detached dwellings in suitable environments, as well as to protect existing development of these types.
(B) Uses.
(1) Permitted Uses.
Unit 1 City-wide uses by right
Unit 8 Single-family dwellings
Unit 41 Accessory dwellings
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 9
Two-family dwellings
Unit 12a
Limited business
Unit 24
Home occupations
Unit 36
Wireless communications facilities
Unit 44
Cluster Housing Development
Single-family Two (2) family
dwellings dwellings
Units per acre 14 or less
(D) Bulk and Area Regulations.
Single-family Two (2) family
dwellings dwellings
Lot minimum width 70 feet 80 feet
Lot area minimum 8,000 square feet 12,000 square feet
Land area per d IIit 8,000 square feet 6,000 square feet
'
we ng uni
Hillside Overlay
District Lot
minimum width
Hillside Overlay
District Lot
area minimum
Land area per
dwelling unit
60 feet
70 feet
8,000 square feet 12,000 square feet
81000 square feet 6,000 square feet
:) Setback Requirements.
:ront Side Rear
5 feet 5 feet 15 feet
(F) Building Height Regulations.
Building Height Maximum 13 stories
(G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot.
Accessory ground mounted solar energy systems shall not be considered buildings.
(Code 1991, §160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4858, 4-18-06; Ord. No.
5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5224, 3-3-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord.
No. 5921 , §1, 11-1-16; Ord. No. 5945, §8, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6245 , §2, 10-15-
19)
161.14 - District RMF-12, Residential Multi -Family - Twelve (12) Units Per Acre
(A) Purpose. The RMF-12 Multi -family Residential District is designed to permit and encourage the development of
multi -family residences at a moderate density that is appropriate to the area.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three (3) and four (4) family dwellings
Unit 26
Multi -family dwellings
Unit 41
Accessory dwellings
Unit 44
Cluster Housing Development
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
[nit 5
Government facilities
Unit 11
Manufactured home park
Unit 12a
Limited business
Unit 24
Home occupations
Unit 25
Professional offices
Unit 36
Wireless communications facilities
(C) Density.
Units per acre 12 or less
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
Manufactured home park
100 feet
Lot within a manufactured home park
50 feet
Single family
45 feet
Two (2) family
45 feet
Three (3) and more
80 feet
Professional offices
100 feet
(2) Lot Area Minimum.
[Manufactured home park
FLot within a manufactured home park
Townhouse: Individual lot
Single-family
[Two (2) family
[Three (3) or more
Fraternity or Sorority
Professional offices
3 acres
4,200 square feet
2,500 square feet
4,500 square feet
6,000 square feet
9,000 square feet
2 acres
1 acre
(3) Land Area Per Dwelling Unit.
Manufactured home 3,000 square feet
(E) Setback requirements.
Front
Side
Other
Uses
A build -to zone that is located between
the front property line and a line 25 feet 8 feet
from the front property line.
Side Single & Rear Rear
Two (2)
Other
Single
Family
Uses
Family
5 feet
20 feet
5 feet
(F) Building Height Regulations.
Building height maximum 2 stories/3 stories*
* A building or a portion of a building that is located between 0 and 10 feet from the front property line or any
master street plan right-of-way line shall have a maximum height of two (2) stories. Buildings or portions of the
building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of
three (3) stories.
If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall
have an additional setback from any side boundary line of an adjacent single family district. The amount of
additional setback for the portion of the building over two (2) stories shall be equal to the difference between the
total height of that portion of the building, and two (2) stories.
(G) Building area. The area occupied by all buildings shall not exceed 50% of the total lot area. Accessory ground
mounted solar energy systems shall not be considered buildings.
(H) Minimum buildable street frontage. 50% of the lot width.
(Ord. No. 4325, 7-3-01; Ord. No. 5028, 6-19-07; Ord. No. 5224, 3-3-09; Ord. No. 5262, 8-4-09; Ord. No. 5312, 4-20-
10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5800 , §1(Exh. A), 10-6-15;
Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §§5, 8, 9, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No.
6245 , §2, 10-15-19)
PLANNING COMMISSION MEMO
CITY OF
FAYETTEVILLE
ARKANSAS
TO: City of Fayetteville Planning Commission
THRU: Andrew Garner, City Planning Director
FROM: Quin Thompson, Planner
MEETING DATE: 017 UPDATE 12-15-2017
SUBJECT: RZN 17-5997: Rezone (690 W. WHILLOCK ST./MOLDENHAUER,
717): Submitted by TIM MOLDENHAUER for property at 690 W.
WHILLOCK ST. The property is zoned RSF-4, RESIDENTIAL
SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately
0.54 acres. The request is to rezone the properties to RI-12,
RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE.
RECOMMENDATION:
Staff recommends forwarding RZN 17-5997 to the City Council with a recommendation of
approval, based on the findings herein.
BACKGROUND:
The property is located on the north side of Whillock Street, east of south School Street. The site
contains a 1,889 square foot concrete block building constructed in the 1948. The building has
been used as a church, and appears to have been constructed for that use. The property contains
approximately 0.54 acres, and is zoned RSF-4, Residential Single-family. The property is
surrounded by a variety of land uses including single-family, two-family, and undeveloped land.
Surrounding land use and zoning is depicted on Table 1.
Table 1
Surrounding Land Use and Zoning
Direction from Site
Land Use
Zoning
North
Commercial/Single-
RSF-4, Residential Sing le-Family/C2,
family/Undeveloped
Thoroughfar/e Commercial
South
Two-family Homes
RSF-4, Residential Single -Family
East
Single-family Homes/ Two-family
RSF-4, Residential Single -Family
Homes
West
Single-family Homes
RSF-4, Residential Single -Family
DISCUSSION:
Request: The property owner requests to rezone the property to RI-12, Residential
Intermediate/12 units per acre.
Public Comment: Staff has received no public comment.
INFRASTRUCTURE:
Mailing Address: Planning Uommission
D ember 11, 2017
113 W. Mountain Street www.fayettevlI IeA�6gRyItem 7
Fayetteville, AR 72701 17-5997 Moldenhauer
Page 1 of 16
Streets: The subject parcel has access to West Whillock Street. Whillock Street is an
unapproved two lane asphalt street with no sidewalk, no curb and gutter, and no
storm drains. Any street improvements required in these areas would be
determined at the time of development proposal.
Water: Public water is available to the site. There is a 6-inch main along West Whillock
Street.
Sewer: Public sewer is available to the site. There is a 8-inch main along West Whillock
Street.
Drainage: No portion of this property is identified as FEMA regulated floodplains. No part of
the parcel lies within the HHOD. There are no protected streams on this parcel.
There are no hydric soils identified on this parcel. Any additional improvements
or requirements for drainage will be determined at time of development.
Fire: The Fire Department had no comment.
Police: The Police Department had no comment.
CITY PLAN 2030 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan designates
this site as City Neighborhood Area. City Neighborhood Areas are more densely developed than
residential neighborhood areas and provide a varying mix of nonresidential and residential uses.
This designation supports the widest spectrum of uses and encourages density in all housing
types, from single family to multi -family. City Neighborhood Areas encourage complete, compact
and connected neighborhoods and non-residential uses are intended to serve the residents of
Fayetteville, rather than a regional population. While they encourage dense development
patterns, they do recognize existing conventional strip commercial developments and their
potential for future redevelopment in a more efficient urban layout.
City Neighborhood Guiding Policies:
a. Protect adjoining properties from the potential adverse impacts associated with non-
residential uses adjacent to and within residential areas with proper mitigation measures
that address scale, massing, traffic, noise, appearance, lighting, drainage, and effects on
property values.
b. Provide non-residential uses that are accessible for the convenience of individuals living
in residential districts and where compatibility with existing desirable development patterns
occurs.
c. Reduce the length and number of vehicle trips generated by residential development by
enhancing the accessibility to these areas; encourage walkability as part of the street
function.
FINDINGS OF THE STAFF
1. A determination of the degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning plans.
Finding: The proposal to rezone the property to the RI-12 zoning district will allow the
property to be developed with moderate density residential uses that are
consistent with City policies and goals for the neighborhood.
Planning Commission
December 11, 2017
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Page 2 of 16
Land Use Compatibility: The proposed zoning is compatible with
surrounding land uses, currently a variety of parcel sizes and shapes
developed with a combination of single and two-family homes. The RI-12
zoning district would allow the subject property to be divided into two lots,
on which 1,2,3, or 4 units could be constructed. The practical limit of units is
considerably lower, however. The Property was developed as a church
several decades ago. As such, the property is recognized as an area with an
established use of greater intensity than the remainder of the surrounding
neighborhood; the higher density zoning would be compatible with the
character of the neighborhood.
Land Use Plan Analysis: The proposal is consistent with the goals of the City
Plan 2030 Future Land Use Map, which designates this property as City
Neighborhood Area, which anticipates a wide variety of land uses, including
dense residential development and commercial uses where appropriate. The
proposed zoning allows development patterns that encourage traditional
town forms intended to decrease vehicle trips and create walkable
environments over time.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Staff finds the proposed rezoning from low density residential zoning to an
intermediate density is justified. This is due in part because the property
contains an institutional building that has been vacate for several years and
is apparently not suited to single-family residential use. The proposal will
create opportunity for appropriate infill development, the first goal of City
Plan 2030.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The site has direct access to Whillock Street, a partially improved two lane,
dead end street with low traffic volumes. The proposed zoning would allow
uses likely to increase traffic in the area, but staff finds that development is
unlikely to contribute to traffic danger and congestion at this location.
4. A determination as to whether the proposed zoning would alter the population density and
thereby undesirably increase the load on public services including schools, water, and sewer
facilities.
Finding: Rezoning the property from RSF-4 to RI-12 will allow residential development
at increased residential densities more than is currently allowed, however
that development should not undesirably increase the load on public
services. The Police and Fire Departments have expressed no objections to
the proposal.
5. If there are reasons why the proposed zoning should not be approved in view of
considerations under b (1) through (4) above, a determination as to whether the proposed zoning
is justified and/or necessitated by peculiar circumstances such as:
G:\ETC\Development Services Review\2017\Development Review\17-5997 RZN 690 W. Whillock St.
(Moldenhauer) 717\03 Planning Commission\12-11-2017\Comments and Redlines
Planning Commission
December 11, 2017
Agenda Item 7
17-5997 Moldenhauer
Page 3 of 16
a. It would be impractical to use the land for any of the uses permitted
under its existing zoning classifications;
b. There are extenuating circumstances which justify the rezoning even
though there are reasons under b (1) through (4) above why the
proposed zoning is not desirable.
Finding: N/A
RECOMMENDATION:
Staff recommends forwarding RZN 17-5933 to the City Council with a recommendation for
approval as proposed.
RECOMMENDED MOTION:
"I move to forward RZN 17-5997 to the City Council with a Planning Commission recommendation
of approval."
PLANNING COMMISSION ACTION: Required YES
Date: December 11, 2017 O Tabled N Forwarded O Denied
Motion: HOFFMAN, MOTION TO FORWARD AS RECOMMENDED BY STAFF.
(Second: SCROGGIN
(Vote: 7-0-0
CITY COUNCIL ACTION: Required YES
Date: January 2, 2017 O Approved O Denied
BUDGET/STAFF IMPACT:
None
Attachments:
• Unified Development Code:
o §161.07, RSF-4, Residential Single-family/4 units per acre
o §161.11, RI-12, Residential Intermediate 12 Units per acre
• Fire Department Comments
• Request Letter
• Proposed Rezoning Exhibit
• One Mile Map
• Close Up Map
• Current Land Use Map
• Future Land Use Map
Planning Commission
December 11, 2017
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Page 4 of 16
UDC SECTIONS
161.07 - District RSFA Residential Single -Family - Four (4) Units Per Acre
(A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low
density detached dwellings in suitable environments, as well as to protect existing development of
these types.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 41
Accessory dwellings
(2) Conditional Uses.
7Unit2
1 City-wide uses by conditional use
permit
Unit 3
Public protection and utility
facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 9
Two-family dwellings
Unit
12a
Limited business
Unit 24
Home occupations
Unit 36
Wireless communications facilities
Unit 44
Cluster Housing Development
(C) Density.
Single-
Two (2)
family
family
dwellings 1
dwellings
Units per 4 or less 7 or less
acre
Planning Commission
December 11, 2017
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Page 5 of 16
(D) Bulk and Area Regulations.
Single-family
Two (2)
family
dwellings
dwellings
Lot minimum
70 feet
80 feet
width
Lot area
8,000
12,000
minimum
square feet
8,000
square feet
6,000 square
Land area
per
dwelling unit
square feet
feet
Hillside
Overlay
District Lot
60 feet
70 feet
minimum
width
Hillside
Overlay
81000
12,000
District Lot
square feet
square feet
area
minimum
Land area
8,000
6,000 square
per
dwelling unit
square feet
feet
(E) Setback Requirements.
Front Side Rear
15 feet 5 feet 15 feet
(F) Building Height Regulations.
Building Height Maximum 45 feet
Planning Commission
December 11, 2017
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Page 6 of 16
161.11 - District RI-12, Residential Intermediate, Twelve (12) Units Per Acre
(A) Purpose. The RI-12 Residential District is designed to permit and encourage the development of
detached and attached dwellings in suitable environments, to provide a development potential
between low density and medium density with less impact than medium density development, to
encourage the development of areas with existing public facilities and to encourage the development
of a greater variety of housing values.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 9
Two (2) family dwellings
Unit
Three (3) and four (4) family
10
dwellings
Unit
41
Accessory dwellings
u n 7WT
44
Cluster Housing Development
(2) Conditional Uses.
Unit 2 City-wide uses by conditional use
permit
Unit 3 Public protection and utility
facilities
Unit 4 1 Cultural and recreational facilities
Unit 5T Government facilities
Unit Limited business
12a
Unit 24 Home occupations
Unit 36 Wireless communications facilities
(C) Density.
Units per acre 12
Planning Commission
December 11, 2017
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Page 7 of 16
(D) Bulk and Area Regulations.
Single-
Two (2)
Three (3)
family
family
family
Lot width 50 feet
50 feet
90 feet
minimum
Lot area 5,000
1 7,260
F0,890
square
minimum
square
square
feet
feet
feet.
(E) Setback Requirements.
Front
A build -to zone that
is located between
the front property
line and a line 25
feet from the front
property line.
Side Side
Other Single &
Uses Two (2)
family
Rear Rear
Other Single
Uses Family
8 feet 5 feet 20 feet 5 feet
(F) Building Height Regulations.
Building height maximum 1 30/45 feet
*A building or a portion of a building that is located between 0 and 10 feet from the front property line or
any master street plan right -of- way line shall have a maximum height of 30 feet. Buildings or portions of
the building set back greater than 10 feet from the master street plan right-of-way shall have a maximum
height of 45 feet.
(G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area.
(H) Minimum Buildable Street Frontage. 50% of the lot width.
(Code 1965, App. A., Art. 5(IIA); Ord. No. 3128, 10-1-85; Code 1991, §160.032; Ord. No. 4100,
§2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5224, 3-3-09;
Planning Commission
December 11, 2017
G:\ETC\Development Services Review\2017\Development Review\17-5997 RZN 690 W. Whillock St. Agenda Item 7
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Page 8 of 16
Ord. No. 5262, 8-4-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 06-18-
13; Ord. No. 5664, 2-18-14; Ord. No. 5800, § 1(Exh. A), 10-6-15; Ord. No. 5921 , § 1, 11-1-16;
Ord. No. 5945, § §4, 8, 9, 1-17-17)
Height Regulations. Structures in this District are limited to a building height of 45 feet. Existing
structures that exceed 45 feet in height shall be grandfathered in, and not considered nonconforming
uses.
(G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of
such lot.
(Code 1991, §160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No.
4858, 4-18-06; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5224, 3-3-09; Ord.
No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945, §8, 1-
17-17)
Planning Commission
December 11, 2017
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Page 9 of 16
CITY OF
Fay� 7-11e
ARKANSAS
TO: Quin Thompson, Planner
CC: Assistant Chief Harley Hunt, Fire Marshal
Battalion Chief Brian Sloat, Deputy Fire Marshal
FROM: Rodney Colson, Fire Protection Engineer
DATE: December 6, 2017
SUBJECT: RZN 17-5997: Rezone (690 W. Whillock St./Moldenhauer, 717)
The Fire Department has no issues with the rezoning request. Fire access, water supply, and fire
protection will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of
development.
FAYETTEVILLE FIRE MARSHAL'S ❑FFICE Planning Commission
De ember 11, 2017
833 N. Crossover Road www.fayettevll�(6A�6W6WItem 7
Fayetteville, AR 72701-2701 17-5997 Moldenhauer
Page 10 of 16
Page 11of10
October 24, 2017
Fayetteville Planning Commission
To Whom It May Concern,
Please accept this request to rezone 690 W Willock St, 765-15503-000. The
current zoning is RSF-4 and the desired zoning is RI-12.
5incerel
Tim oldenhauer
Moldenhauer Real Estate Inc
479-790-1683
Planning Commission
December 11, 2017
Agenda Item 7
17-5997 Moldenhauer
Page 12 of 16
Agenda Item 7
17-5997 Moldenhauer
Page 13 of 16
Agenda Item 7
17-5997 Moldenhauer
Page 14 of 16
Agenda Item 7
17-5997 Moldenhauer
Page 15 of 16
RZN 17-5997
Future Land Use
GREENWOOD ST
- r -S RE
` ,1MONTGOMERY ST
i
21
SUNRISE MOUNTAIN RD
Legend
Planning Area
- - Fayetteville City Limits
Trail (Proposed)
I _ J Design Overlay District
Building Footprint
MOLDENHAUER
Feet
0 145 290 580 870
1 inch = 400 feet
NORTH
FUTURE LAND USE 2030
_ Rural Area
Residential Neighborhood Area
- City Neighborhood Area
1,160 Industrial
Planning Co mission
Dec mber 1, 2017
Agenda Item 7
17-5997 Moldenhauer
Page 16 of 16
RZN-2020-000005
Request
Letter Compatibility Statement
This lot has served as a home for non-residential activities in the past, including the site
of a rectory, church parking, and a school, with the acceptance of the neighborhood. In
fact, the adjacent lot to the west has been approved for a even more aggressive
rezoning. This being RI-12.
Planning Commission
September 14, 2020
Agenda Item 7
RZN 20-000005 Mistretta
Page 9 of 15
Curth, Jonathan
From: Moore, Tammy <Tammy.Moore@us.loomis.com>
Sent: Tuesday, August 25, 2020 2:23 PM
To: Curth, Jonathan
Cc: jntmoore6l@aol.com
Subject: RE: Rezoning 660 W Whillock st
RZN-2020-000005
Public
Comment
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize
the sender and know the content is safe.
Good evening Mr. Curth,
To start my name is Tammy Moore and my husband and I reside at 506 W Whillock St.
Fayetteville, AR 72701.
We have lived on Whillock 23yrs this August. We moved here because it was a place to start and
raise our family. A place that was close enough to the city, yet secluded enough to still have that "out
in the country" feel.
I have a few concerns about the rezoning of the land at 660 Whillock.
Traffic/parking: We already struggle to get out of our drives, because the road has been built up so
much over years, having to stop for oncoming traffic while going up and down the road or dodge
parked cars taking up an already narrow road in areas. It's a dead end street with little, to no, goods
turn around areas. And the trash men on many occasions have issues even getting recycling on
Thursdays.
So I ask, how does this get fixed without major inconvenience to those of us that live at the
dead end if someone decided to build multifamily spaces? Can the street handle the additional
traffic?
Street: Wouldn't the street have to be widen and/or repaired? What will that intel? Will those of us on
the dead end with no other exit could we be impacted?
Curbs, sidewalks and drainage: Our street has none of these. I'm not a contractor or developer, but,
wouldn't we have to have something if we are developing new construction on the street that will be
adding additional homes/multifamily spaces?
Hill Top: How would this effect the Hill Top Water area. I'm actually very confused about this one. I
have been told we are in the Hill Top and then I have been told we aren't. We need better clarification
on this.
What about my land?: We own the 5.32 acres that meets his property. If they build how does my
property get protect from additional erosion? What happens to my property value? What more will this
cost me in the end to protect what is mine?
If you have never been on our street take a trip one day. It is well established, and yes it is very quiet
and we all have our own space. We aren't sitting on top of each other. More residents on our street,
means more people, more people means more traffic and no more quite street. Thank you for your
time
Planning Commission
September 14, 2020
Agenda Item 7
RZN 20-000005 Mistretta
Page 10 of 15
Thank you,
Mrs. Tammy Moore
506 W Whillock St
Fayetteville , AR 72701
479-200-1262
Planning Commission
September 14, 2020
Agenda Item 7
RZN 20-000005 Mistretta
Page 11 of 15
RZN-2020-000005
One Mile View
Mistretta
0 0.125 0.25 0.5 Miles
� I-1
I
6,Q�cyT
Q
t O
O
4\ 2
U
1vo
Subject Property
W WILLOUGHBY RD
Legend
Planning Area
Fayetteville City Limits
L — —
Trail (Proposed) a ,-_---1
---- ;Planning Area -- --
j_—__ J Design Overlay District
Fayetteville City Limits _
RSF-4
NORTH
Zoning
RESIDENTIAL SINGLE-FAMILY
L2 General Ind. —I
EXTRACTION
NSG
11
RI-U
COMMERCIAL
RI-12
Reaieaneal-OMce
� NSL
C-1
� Re.ieaneal-Agn.1-1
C-2
RSF-.8
= C-3
RSF-1
FORM BASED DISTRICTS
RSF-2
Downtown Care
RSF-4
UTHI Tbemug—
RSF-]
� Meln I— Center
I —
Downtown General
RSF-18
Cemmunty Service.
RESIDENTIAL MULTI -FAMILY
Neigbbemeee Servi..
-1
M Neigbbmbeee Cm.ervaeen
W112
PLANNED ZONING DISTRICTS
RMF-18
= Cemmemial, Ind—1, Reaieentlal
W124
INSTITUTIONAL
W140
1
INDUSTRIAL
41 Heary Commensal one light lneusVial
Planning Cor
ssion
2020
Agenda Item 7
RZN 20-000005 Mistretta
Page 12 of 15
RZN-2020-000005
Close Up View
ZP
N
w
U >
UJ a J
a00
\ cvn
Legend
Hillside -Hilltop Overlay District
` Planning Area
— Fayetteville City Limits
Design Overlay District
Building Footprint
Mistretta
Feet
0 75 150 300 450
1 inch = 200 feet
:11
RSF-4
RI-12
RMF-6
I-1 Heavy Commercial and Light Industrial
C-2
Planning Conjmission
S@p% ..4ti4"4, 2020
Agenda Item 7
RZN 20-000005 Mistretta
Page 13 of 15
RZN-2020-000005
Current Land Use
Mistretta
Ik
• +. .. y
k, Undeveloped
j J
� I .
I i
I
Subject
Vacant Property
f' Single -Family Residential
_ I I
• �_ ,�- WHILLOCK ST: - -. - - - -. - - - -' . l
Single -Family Residential
i
Undeveloped
I �
Single-Family Residential
- to r�'.i -a �.. •...
: _ _ _; Planning Area
- - -; Fayetteville City Limits
I _ j Design Overlay District
Feet
0 35 70 140 210
1 inch = 100 feet
280
FEMA Flood Hazard Data
too -Year Floodplain
Floodway
Planning Conjmission
S@p%@;QWQ-'4, 2020
Agenda Item 7
RZN 20-000005 Mistretta
Page 14 of 15
RZN-2020-000005
Future Land Use
LTL
ST
G
Ix
r
----- --.rim
Industrial
Civic
Instituti nal
Legend
Planning Area
L �
Fayetteville City Limits
L
Trail (Proposed)
I _ J Design Overlay District
Building Footprint
Mistretta
I
i
I
I
SKELTON ST
I
I
I
I
I
I
_! City
Neighborhood
I
j Subject Property
i
Feet
0 112.5 225 450 675
1 inch = 300 feet
Iffiellakwo
Rural
Residential
City Neighborhood
Civic Institutional
Civic and Private Open Space
Industrial
Natural
Non -Municipal Government
900 Residential Neighborhood
111 Rural Residential
Urban Center Planning Cc
ssion
2020
Agenda Item 7
RZN 20-000005 Mistretta
Page 15 of 15
Curth, Jonathan
From: Planning Shared
Sent: Thursday, September 24, 2020 5:22 PM
To: Curth, Jonathan
Subject: FW: Zoning change 660W. Whillock
Willie Benson
Planning Technician
Planning Division
City of Fayetteville, Arkansas
479-718-7625
-----Original Message -----
From: Russell <russellmc@cox.net>
Sent: Wednesday, September 23, 2020 1:34 PM
To: Planning Shared <planning@fayetteville-ar.gov>
Subject: Zoning change 660W. Whillock
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless
you recognize the sender and know the content is safe.
Commissioners,
My name is Russell Cable and I live at 701 W. Whillock St. I'm writing in response to the re -zoning of 660 W. Whillock
to a RMF-12.
Here are my 2 major concerns:
1. The street isn't sufficient to handle the extra traffic and emergency vehicles. It's a dead end street with no turn
around area at the end.
It's not a cul-de-sac. The width along with no sidewalks and open deep ditches makes it difficult for turning around if
needed. The recycling and sanitation trucks currently have to back up the majority of the length of the street for
services. They use the "old" church drive way for that.
2. Sidewalks. There are no sidewalks on this street or where it joins S.School. This could also be an issue seeing that it's
in the Greenland school district and within walking distance to the school.
Russell Cable
i
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2020-0819
Agenda Date: 10/20/2020 Version: 1 Status: Agenda Ready
In Control: City Council Meetinq File Type: Ordinance
Agenda Number: C.3
RZN 2020-008 (1038 S. HOLLYWOOD AVE./PHILLIPS):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
20-008 LOCATED AT 1038 SOUTH HOLLYWOOD AVENUE FOR APPROXIMATELY 0.58 ACRES
FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO CS, COMMUNITY
SERVICES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of
the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning
Department's Agenda Memo from RSF-4, Residential Single Family, 4 Units Per Acre to CS, Community
Services.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of
the City of Fayetteville to reflect the zoning change provided in Section 1.
City of Fayetteville, Arkansas Page 1 Printed on 1011512020
City of Fayetteville Staff Review Form
2020-0819
Legistar File ID
10/20/2020
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Garner Stoll 10/2/2020 CITY PLANNING (630)
Submitted By Submitted Date Division / Department
Action Recommendation:
RZN 2020-000008: Rezone (1038 S. HOLLYWOOD AVE./PHILLIPS, 559): Submitted by PAYNE PHILLIPS for properties
located at 1038 S. HOLLYWOOD AVE. The properties are zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER
ACRE and contain 2 parcels with approximately 0.58 acres. The request is to rezone the properties to CS,
COMMUNITY SERVICES.
Account Number
Project Number
Budgeted Item? NA
Does item have a cost? No
Budget Adjustment Attached? NA
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Budget Impact:
Fund
Project Title
Current Budget $ -
Funds Obligated $ -
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
V20180321
Previous Ordinance or Resolution #
Approval Date:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF OCTOBER 20, 2020
TO: Mayor; Fayetteville City Council
THRU: Susan Norton, Chief of Staff
Garner Stoll, Development Services Director
Jonathan Curth, Development Review Manager
FROM: Jessie Masters, Senior Planner
DATE: October 2, 2020
CITY COUNCIL MEMO
SUBJECT: RZN 2020-000008: Rezone (1038 S. HOLLYWOOD AVE./PHILLIPS, 559):
Submitted by PAYNE PHILLIPS for properties located at 1038 S. HOLLYWOOD
AVE. The properties are zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS
PER ACRE and contain 2 parcels with approximately 0.58 acres. The request is
to rezone the properties to CS, COMMUNITY SERVICES.
RECOMMENDATION:
City Planning staff and the Planning Commission recommend approval of a request to rezone the
subject property as described and shown in the attached Exhibits `A' and `B'.
BACKGROUND:
The subject property is located on S. Hollywood Avenue, south of W. Martin Luther King Jr.
Boulevard and approximately .25 miles east from 1-49. The property contains two parcels, 765-
12171-000 and 765-12171-001, one with a single-family dwelling, and the other is undeveloped,
for a total of 0.58 acres. The properties are zoned RSF-4, Residential Single -Family, 4 Units Per
Acre.
Request: The request is to rezone the property from RSF-4, Residential Single Family, 4 Units
per Acre, to CS, Community Services. The applicant has not submitted an associated
development proposal.
Public Comment: Staff has not received any public comment on this item.
Land Use Compatibility: The property in question is currently zoned RSF-4, Residential Single -
Family, 4 Units per Acre, and the request to CS, Community Services may at first brush seem out
of scale. However, staff finds the request to be compatible with surrounding land uses. Firstly, the
property is well -served by ample city -services, such as Fire Station #6 approximately 500 feet to
the north, as well as water and sewer currently located in S. Hollywood Avenue. To the east is
University of Arkansas -owned parking lot that is currently zoned CS. South of the property is
another 13.3 acres of CS -zoned property, that until recently was occupied by a former factory that
has been demolished. Southwest of the property is the newly developed Cottages at Hollywood,
a multi -family development that was approved by Planning Commission in 2018 and included an
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
extension of S. Hollywood Avenue to connect to 15th Street. Additionally, the Tsa-La-Gi Trail, a
paved trail that offers connections to the wider network of trails throughout the city of Fayetteville
currently borders the property to the south and east. Though there are existing single-family
homes and lots along S. Hollywood Avenue, staff finds these homes and vacant lots are all
currently owned by the same owner, signaling that redevelopment of these properties may be on
the horizon, therefore compatibility with existing setbacks, density, height and bulk and area
considerations make more sense for this property to align with CS zoning than with the current
zoning of RSF-4.
Land Use Plan Analysis: Staff believes that the proposal is compatible with the goals in City Plan
2040, adopted land use policies, and the future land use designation for this location. This area
is designated as an Urban Center encourages high density, mixed -use structures to allow people
to live, work, and shop in the same area. Staff finds that this rezone request begins to close the
gap between commercial- and high density zoning in this area and brings the area into compliance
with City Plan 2040. Encouraging a form -based district in the area also allows for a higher scrutiny
of design standards than would typically be involved with a C-1 or C-2 zoning district.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 8 for this site.
The following elements of the matrix contribute to the score:
• Near ORT Bus Stop
• Near Public School (Ramay Jr. High School)
• Near Razorback Bus Stop
Near Sewer Main (S. Hollywood Avenue)
• Near Paved Trail (Tsa-La-Gi Trail)
• Near U of A Campus
• Near Water Main (S. Hollywood Avenue)
• 4 Minute Fire Response (Station #6 at 900 S. Hollywood Avenue)
DISCUSSION:
At the September 28, 2020 Planning Commission meeting, commissioners voted to forward the
subject item to City Council for approval with a unanimous vote of 7-0-0, with Commissioner
Hoffman making the motion and Commissioner Brown seconding. As well as agreeing with staff's
comments and recommendations, commissioners indicated that the request was appropriate
given its proximity to a Tier 2 center according to the City Plan 2040 Growth Concept Map. No
public comment was heard on the item.
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Exhibit A
• Exhibit B
• Planning Commission Staff Report
EXHIBITS'
ADM-2020-000006
Legal Descriptions
Parcel #765-12171-000
PT BLOCK 7 (70 X 156) FURTHER DESCRIBED FROM 2019-30669 AS: Part of Block 7 in the Re -
Plat of Westwood Addition to the City of Fayetteville, Arkansas, as shown upon the recorded plat
thereof, on file in the Office of the Circuit Clerk and Ex-Officio Recorder of Washington County,
Arkansas, more particularly described as follows, to -wit: Beginning at the Southwest corner of Block
7, and running thence South 88053' East 156 feet to the East line of said Block 7; thence North along
the East line of Block 7, 150 feet; thence North 88°53' West 156 feet to the West line of Block 7;
thence South along the West line of Biock 7, 150 feet to the Point of Beginning. LESS AND
EXCEPT: Part of Block 7 of there -plat of Westwood Addition to the City of Fayetteville, Arkansas, as
shown in the land records of Washington County, Arkansas, being more particularly described as
follows: beginning at the Southwest corner of said Block 7, said point being an existing magnetic nail
in Hollywood Avenue; thence North 00038'13" East 80.18 feet along the West line of said Block 7 to
a set 1/2" iron rebar; thence South 88'53'11" East 156.52 feet to a set 1/2" iron rebar; thence South
00°51'28" West 80.05 feet to an existing iron on the South line of said Block 7; thence North
88056'07" West 156.21 feet to the point of beginning, containing 0.29 acres, more or less.
Parcel #765-12171-001
PT BLK 7 0.29AC FURTHER DESCRIBED FROM 2014-9794 AS: Part of Block Numbered Seven
(7) of the re -plat of Westwood Addition to the City of Fayetteville, Arkansas, as shown in the land
records of Washington County, Arkansas, being more particularly described as follows: beginning at
the Southwest corner of said Block Seven (7), said point being an existing magnetic nail in
Hollywood Avenue; thence North 00 degrees 38 minutes 13 seconds East 80.18 feet along the West
line of said Block Seven (7) to a set 1/2" iron rebar; thence South 88 degrees 53 minutes 11 seconds
East 156.52 feet to a set 1/2" iron rebar; thence South 00 degrees 51 minutes 28 seconds West 80.05
feet to an existing iron on the South line of said Block Seven (7); thence North 88 degrees 56
minutes 07 seconds West 156.21 feet to the point of beginning, containing 0.29 acres, more or less
CITY OF
I
FAYETTEVILLE
ARKANSAS
PLANNING COMMISSION MEMO
TO: Fayetteville Planning Commission
THRU: Jonathan Curth, Development Review Manager
FROM: Jessie Masters, Senior Planner
MEETING DATE: September 28, 2020 Updated with PC hearing results from 9/28/2020
SUBJECT: RZN 2020-000008: Rezone (1038 S. HOLLYWOOD AVE./PHILLIPS,
559): Submitted by PAYNE PHILLIPS for properties located at 1038 S.
HOLLYWOOD AVE. The properties are zoned RSF-4, RESIDENTIAL
SINGLE FAMILY, 4 UNITS PER ACRE and contain 2 parcels with
approximately 0.58 acres. The request is to rezone the properties to CS,
COMMUNITY SERVICES.
RECOMMENDATION:
Staff recommends forwarding RZN 2020-000008 to City Council with a recommendation for
approval.
RECOMMENDED MOTION:
"I move to forward RZN 2020-000008 to City Council with a recommendation for approval."
BACKGROUND:
The subject property is located on S. Hollywood Avenue, south of W. Martin Luther King Jr.
Boulevard and approximately .25 miles east from 1-49. The property in question currently contains
two parcels, 765-12171-001 and 765-12171-000, for a total of 0.58 acres. Parcel 765-12171-000
currently has one single-family dwelling that was constructed in 1936 according to county records
and is addressed at 1038 S. Hollywood Avenue; parcel 765-12171-000 is currently undeveloped.
The properties are zoned RSF-4, Residential Single -Family, 4 Units Per Acre. Surrounding land
uses and zoning is depicted in Table 1.
Table 1
Surrounding Land Use and Zoning
Direction
Land Use
Zoning
North
Single -Family Residential
RSF-4, Residential Single -Family, 4 Units per Acre
South
Undeveloped
CS, Community Services
East
Undeveloped/ParkingUndeveloped/Parking Lot
CS, Community Services
West
Single -Family Residential
RSF-4, Residential Single -Family, 4 Units per Acre
Request: The request is to rezone the property from RSF-4, Residential Single Family, 4 Units
per Acre, to CS, Community Services. The applicant has not submitted an associated
development proposal.
Public Comment: Staff has not received any public comment on this item.
INFRASTRUCTURE:
Streets: The subject area has frontage along S. Hollywood Avenue. S. Hollywood Avenue
is a partially improved Neighborhood Link street with asphalt paving with open
ditches, sidewalk along the property's frontage at 1038 S. Hollywood Avenue, and
shared -use paved trail on south and east sides of lot (Tsa-La-Gi Trail). Any
required