HomeMy WebLinkAbout2023-12-28 - Agendas - TentativeCity of Fayetteville, Arkansas
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
City Council Tentative Agenda
Thursday, December 28, 2023
4:30 PM
City Hall Room 219
City Council Members
Council Member Robert B. Stafford Ward 1
Council Member D'Andre Jones Ward 1
Council Member Sarah Moore Ward 2
Council Member Mike Wiederkehr Ward 2
Council Member Scott Berna Ward 3
Council Member Sarah Bunch Ward 3
Council Member Teresa Turk Ward 4
Council Member Holly Hertzberg Ward 4
Mayor Lioneld Jordan
City Attorney Kit Williams
City Clerk Treasurer Kara Paxton
Pagel of 286
City Council Meeting Tentative Agenda December 28, 2023
ZOOM INFORMATION:
1. WEBINAR ID: 812 0013 4124
PUBLIC REGISTRATION LINK: HTTPS://US06WEB.ZOOM.US/WEBINAR/
REGISTER/WN MPZOOVYYRIGVJLU3QCBVJG
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
MAYOR'S ANNOUNCEMENTS, PROCLAMATIONS AND RECOGNITIONS
1. FIREMEN'S AND POLICEMEN'S PENSION AND RELIEF FUND - MAYOR
JORDAN
CITY COUNCIL MEETING PRESENTATIONS, REPORTS AND DISCUSSION ITEMS
1. MONTHLY FINANCIAL REPORT - CHIEF FINANCIAL OFFICER
A. CONSENT
A.1. APPROVAL OF THE DECEMBER 19, 2023 CITY COUNCIL MEETING
MINUTES
A.2. RAILROAD CROSSING ELIMINATION GRANT (ADMINISTRATION
AGREEMENT):
A RESOLUTION TO APPROVE AN AGREEMENT BETWEEN THE CITY OF
FAYETTEVILLE, THE CITY OF SPRINGDALE, AND THE ARKANSAS &
MISSOURI RAILROAD FOR THE ADMINISTRATION OF A RAILROAD
CROSSING ELIMINATION GRANT (2023-1511)
A.3. LITTER ABATEMENT PROGRAM (CONTRACT AMENDMENT):
A RESOLUTION TO APPROVE AMENDMENT 2 TO THE MEMORANDUM OF
AGREEMENT WITH GENESIS CHURCH OF FAYETTEVILLE FOR
CONTINUATION OF A LITTER ABATEMENT PROGRAM THROUGH 2O24 IN
AN AMOUNT NOT TO EXCEED $100,000.00 (2023-1510)
A.4. SEVEN HILLS HOMELESS CENTER (SERVICE CONTRACT):
A RESOLUTION TO WAIVE THE REQUIREMENTS OF FORMAL
COMPETITIVE BIDDING AND APPROVE A CONTRACT WITH SEVEN HILLS
HOMELESS CENTER IN THE AMOUNT OF $119,400.00 FOR SERVICES TO
City of Fayetteville, Arkansas page 2
Page 2 of 286
City Council Meeting Tentative Agenda December 28, 2023
HOMELESS AND NEEDY RESIDENTS IN FAYETTEVILLE IN 2024 (2023-1539)
A.S. FIRE PENSION FUND (NUMBER CHANGE AND LOAN AUTHORIZATION):
A RESOLUTION TO CHANGE THE ASSIGNED FIRE PENSION FUND
NUMBER IN THE 2024 BUDGET, TO AUTHORIZE THE MAYOR OR THE
MAYOR'S DESIGNEE TO LOAN CASH FROM THE GENERAL FUND TO THE
FIRE PENSION FUND FOR MONTHLY BENEFIT PAYMENTS, AND TO
AUTHORIZE THE MAYOR OR THE MAYOR'S DESIGNEE TO REIMBURSE
THE GENERAL FUND WHEN FIRE PENSION TAXES ARE RECEIVED (2023-
1548)
A.6. ARKANSAS ONE -CALL SYSTEM, INC. (SERVICE AGREEMENT):
A RESOLUTION TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE THE
PURCHASE OF UTILITY LOCATING SERVICES FROM ARKANSAS ONE -
CALL SYSTEM, INC. IN AN AMOUNT NOT TO EXCEED $50,0000.00 PER
YEAR FOR ALL CITY DEPARTMENTS ON AN AS -NEEDED BASIS THROUGH
DECEMBER 31, 2029 (2023-1478)
A.7. MCCLELLAND CONSULTING ENGINEERS, INC. (SERVICE AGREEMENT):
A RESOLUTION TO APPROVE AMENDMENT NO. 1 TO THE PROFESSIONAL
ENGINEERING SERVICES AGREEMENT WITH MCCLELLAND CONSULTING
ENGINEERS, INC. IN AN AMOUNT NOT TO EXCEED $48,000.00 FOR
ADDITIONAL SERVICES ASSOCIATED WITH THE GREENLAND SEWER
COST SHARE PROJECT (2023-1542)
A.B. CITY OF GREENLAND, ARKANSAS (SEWER COST SHARE AGREEMENT):
A RESOLUTION TO APPROVE A COST SHARE AGREEMENT WITH THE
CITY OF GREENLAND IN AN AMOUNT NOT TO EXCEED $954,000.00 FOR
UPSIZING A PORTION OF 12-INCH SANITARY SEWER LINE TO 18-INCH, TO
APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $100,000.00,
AND TO APPROVE A BUDGET ADJUSTMENT (2023-1540)
A.9. HAWKINS-WEIR ENGINEERS, INC. (SERVICE AGREEMENT):
A RESOLUTION TO APPROVE AMENDMENT NO. 2 TO THE PROFESSIONAL
ENGINEERING SERVICES AGREEMENT WITH HAWKINS-WEIR
ENGINEERS, INC. IN AN AMOUNT NOT TO EXCEED $294,800.00 FOR
PROFESSIONAL SERVICES ASSOCIATED WITH UTILITY RELOCATIONS
ALONG MARTIN LUTHER KING JR. BLVD. AT THE 1-49/HWY-62
INTERCHANGE (2023-1543)
A.10. BROTHERS CONSTRUCTION, INC. (CONSTRUCTION AGREEMENT):
A RESOLUTION TO AWARD BID #23-44 AND AUTHORIZE A CONTRACT
WITH BROTHERS CONSTRUCTION, INC. IN THE AMOUNT OF $3,963,291.00
City of Fayetteville, Arkansas page 3
Page 3 of 286
City Council Meeting Tentative Agenda December 28, 2023
FOR CONSTRUCTION OF UTILITY RELOCATIONS ASSOCIATED WITH THE
INTERSTATE 49 & MARTIN LUTHER KING, JR. BOULEVARD INTERCHANGE
PROJECT, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF
$250,000.00, AND TO APPROVE A BUDGET ADJUSTMENT (2023-1544)
A.11. HIGHWAY 16 UTILITY RELOCATIONS (CONDEMNATIONS):
A RESOLUTION TO AUTHORIZE THE CITY ATTORNEY TO SEEK
CONDEMNATION AND POSSESSION OF CERTAIN LANDS OWNED BY
INDIVIDUALS NEEDED FOR THE HIGHWAY 16 UTILITY RELOCATIONS
PROJECT (2023-1547)
A.12. AF&G, LLC (SERVICE AGREEMENT):
A RESOLUTION TO AWARD BID NO. 24-01 AND AUTHORIZE THE
PURCHASE OF PAVEMENT MARKING INSTALLATION FROM AF&G, LLC IN
VARIABLE AMOUNTS AND FOR VARYING UNIT PRICES AS NEEDED
THROUGH THE END OF 2024 (2023-1462)
A.13. BUILDING EXTERIORS (SERVICE AGREEMENT):
A RESOLUTION TO AWARD BID #24-03 AND AUTHORIZE THE PURCHASE
OF TREE PLANTING SERVICES FROM BUILDING EXTERIORS, INC. IN
VARIABLE AMOUNTS AND FOR VARYING UNIT PRICES AS NEEDED
THROUGH THE END OF 2024 (2023-1463)
A.14. EMERY SAPP & SONS, INC. (SERVICE AGREEMENT):
A RESOLUTION TO AWARD BID #24-04 AND AUTHORIZE THE PURCHASE
OF ASPHALT PAVING SERVICES FROM EMERY SAPP & SONS IN
VARIABLE AMOUNTS AND FOR VARYING UNIT PRICES AS NEEDED
THROUGH THE END OF 2024 (2023-1464)
A.15. TUNE CONCRETE (PURCHASE AGREEMENT):
A RESOLUTION TO AWARD BID #24-05 AND AUTHORIZE THE PURCHASE
OF CONCRETE MATERIALS FROM TUNE CONCRETE AS PRIMARY
SUPPLIER IN VARIABLE AMOUNTS AND FOR VARYING UNIT PRICES AND
TO AUTHORIZE THE USE OF OTHER BIDDERS BASED ON PRICE AND
AVAILABILITY AS NEEDED THROUGH THE END OF 2024 (2023-1498)
A.16. GREEN DREAM INTERNATIONAL, LLC. (PURCHASE AGREEMENT):
A RESOLUTION TO AWARD BID #24-06 AND AUTHORIZE THE PURCHASE
OF AGGREGATE MATERIALS FROM GREEN DREAM INTERNATIONAL, LLC
AS PRIMARY SUPPLIER IN VARIABLE AMOUNTS AND FOR VARYING UNIT
PRICES AND TO AUTHORIZE THE USE OF OTHER BIDDERS BASED ON
PRICE AND AVAILABILITY AS NEEDED THROUGH THE END OF 2024 (2023-
1499)
City of Fayetteville, Arkansas page 4
Page 4 of 286
City Council Meeting Tentative Agenda December 28, 2023
A.17. ASPHALT MATERIALS (PURCHASE AGREEMENT):
A RESOLUTION TO AUTHORIZE THE PURCHASE OF ASPHALT MATERIALS
FOR USE BY THE TRANSPORTATION DIVISION ON AN AS NEEDED BASIS
THROUGH THE END OF 2024 (2023-1500)
A.18. NORTHWEST ARKANSAS WINWATER (PURCHASE AGREEMENT):
A RESOLUTION TO AWARD BID #24-08 AND AUTHORIZE THE PURCHASE
OF DRAINAGE PIPE FROM NORTHWEST ARKANSAS WINWATER AS
PRIMARY SUPPLIER AND FOR VARYING UNIT PRICES AND TO AUTHORIZE
THE USE OF OTHER BIDDERS BASED ON PRICE AND AVAILABILITY AS
NEEDED THROUGH THE END OF 2024 (2023-1501)
A.19. SCURLOCK INDUSTRIES (PURCHASE AGREEMENT):
A RESOLUTION TO AWARD BID #24-09 AND AUTHORIZE THE PURCHASE
OF PRECAST DRAINAGE PIPE & STRUCTURES FROM SCURLOCK
INDUSTRIES OF FAYETTEVILLE IN VARIABLE AMOUNTS AND FOR
VARYING UNIT PRICES AS NEEDED THROUGH THE END OF 2024 (2023-
1502)
A.20. PRECAST, INC. (PURCHASE AGREEMENT):
A RESOLUTION TO AWARD BID #24-10 AND AUTHORIZE THE PURCHASE
OF PRECAST MODULAR BLOCK RETAINING WALL UNITS FROM
INDUSTRIAL PRECAST, INC. AS PRIMARY SUPPLIER IN VARIABLE
AMOUNTS AND FOR VARYING UNIT PRICES AND TO AUTHORIZE THE USE
OF OTHER BIDDERS BASED ON PRICE AND AVAILABILITY AS NEEDED
THROUGH THE END OF 2024 (2023-1503)
A.21. EMERY SAPP & SONS, INC. (PURCHASE AGREEMENT):
A RESOLUTION TO AWARD BID #24-11 AND AUTHORIZE THE PURCHASE
OF HIGH PERFORMANCE COLD MIX FROM EMERY SAPP & SONS, INC. IN
VARIABLE AMOUNTS AND FOR VARYING UNIT PRICES AS NEEDED
THROUGH THE END OF 2024 (2023-1504)
A.22. GEVEKO MARKINGS, INC. (PURCHASE AGREEMENT):
A RESOLUTION TO AWARD BID #24-13 AND AUTHORIZE THE PURCHASE
OF PREFORMED THERMOPLASTIC PAVEMENT MARKINGS FROM GEVEKO
MARKINGS, INC. AS PRIMARY SUPPLIER IN VARIABLE AMOUNTS AND FOR
VARYING UNIT PRICES AND TO AUTHORIZE OTHER BIDDERS BASED ON
PRICE AND AVAILABILITY AS NEEDED THROUGH THE END OF 2024 (2023-
1505)
A.23. PREMIER LIGHTING GROUP (PURCHASE AGREEMENT):
A RESOLUTION TO AWARD BID #24-14 AND AUTHORIZE THE PURCHASE
City of Fayetteville, Arkansas page 5
Page 5 of 286
City Council Meeting Tentative Agenda December 28, 2023
OF LIGHTS, FIXTURES, AND POLES FROM PREMIER LIGHTING GROUP IN
VARIABLE AMOUNTS AND FOR VARYING UNIT PRICES AS NEEDED
THROUGH THE END OF 2024 (2023-1506)
A.24. JUS EWEN TRANSPORT, LLC. (PURCHASE AGREEMENT):
A RESOLUTION TO AWARD BID #24-15 AND AUTHORIZE THE PURCHASE
OF TRUCK HAULING SERVICES FROM JUS EWEN TRANSPORT, LLC IN
VARIABLE AMOUNTS AND FOR VARYING UNIT PRICES AS NEEDED
THROUGH THE END OF 2024 (2023-1507)
A.25. BLUE RIBBON SITE SERVICES (PURCHASE AGREEMENT - SCREENED
TOPSOIL):
A RESOLUTION TO AWARD BID #24-16 AND AUTHORIZE THE PURCHASE
OF DELIVERED SCREENED TOPSOIL FROM BLUE RIBBON SITE SERVICES
AND THE PURCHASE OF PICKED UP SCREENED TOPSOIL FROM KEITH
AUSTIN CONSTRUCTION COMPANY LLC IN VARIABLE AMOUNTS AND FOR
VARYING UNIT PRICES AS NEEDED THROUGH THE END OF 2024 (2023-
1508)
A.26. BLUE RIBBON SITE SERVICES (PURCHASE AGREEMENT - UNSCREENED
TOPSOIL):
A RESOLUTION TO AWARD BID #24-18 AND AUTHORIZE THE PURCHASE
OF UNSCREENED TOPSOIL FROM BLUE RIBBON SITE SERVICES IN
VARIABLE AMOUNTS AS NEEDED THROUGH THE END OF 2024 (2023-
1509)
A.27. 2024 PROJECT SAFE NEIGHBORHOODS (GRANT SUBAWARD):
A RESOLUTION TO AUTHORIZE ACCEPTANCE OF A PROJECT SAFE
NEIGHBORHOOD GRANT AWARD IN THE AMOUNT OF $2,862.00 FOR THE
FAYETTEVILLE POLICE DEPARTMENT, AND TO APPROVE A BUDGET
ADJUSTMENT (2023-1512)
A.28. PER CAPITA JAIL FEE AGREEMENT (RESOLUTION):
A RESOLUTION TO APPROVE THE PER CAPITA JAIL FEE AGREEMENT
WITH WASHINGTON COUNTY FOR JAIL SERVICES IN 2024 IN THE
AMOUNT OF $76,421.40 (2023-1472)
B. UNFINISHED BUSINESS
C. NEW BUSINESS
C.1. CITY COUNCIL RULES OF ORDER AND PROCEDURE (RESOLUTION):
A RESOLUTION TO ADOPT THE RULES OF ORDER AND PROCEDURE OF
City of Fayetteville, Arkansas page 6
Page 6 of 286
City Council Meeting Tentative Agenda December 28, 2023
THE FAYETTEVILLE CITY COUNCIL FOR 2024 (2023-1323)
C.2. REZONING-2023-0033: (NORTH OF 3420 W. MOUNT COMFORT RD./WIESE-
GODDARD SCHOOL, 323):
A ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING
PETITION RZN 2023-033 FOR APPROXIMATELY 3.23 ACRES LOCATED
NORTH OF 3420 WEST MOUNT COMFORT ROAD IN WARD 4 FROM R-A,
RESIDENTIAL -AGRICULTURAL TO CS, COMMUNITY SERVICES (2023-1545)
PROPOSED AGENDA ADDITIONS
ImalkVaelemhi, [a]IW_[r14►Isim *:I*'iEel ZI:j:1= 14k,kcaIEel k,6?
D.1. SALES TAX REPORT - PAUL BECKER AND ENERGY REPORT - PETER
NIERENGARTEN
E. CITY COUNCIL TOUR
F. ANNOUNCEMENTS
G. ADJOURNMENT
City of Fayetteville, Arkansas page 7
Page 7 of 286
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF DECEMBER 28, 2023
CITY COUNCIL MEMO
TO: Mayor Jordan and City Council
THRU: Chris Brown, Public Works Director
Susan Norton, Chief of Staff
FROM: Matt Casey, Engineering Design Manager
DATE: December 11, 2023
SUBJECT: A Resolution approving a Railroad Grant Administration Agreement
RECOMMENDATION:
2023-1511
Staff recommends approval of a resolution approving an agreement between the City of Fayetteville, the City
of Springdale and the Arkansas and Missouri Railroad for the administration of the Railroad Crossing
Elimination Grant.
BACKGROUND:
The Cities of Fayetteville and Springdale, in collaboration with Arkansas & Missouri Railroad,
were awarded a 2022 Railroad Crossing Elimination Grant in the amount of $576,000 to conduct planning
activities to scope improvement projects at various at -grade crossings to improve mobility and enhance safety
for the area. The application requested funding for a grant to plan improvements at various crossings between
the University Avenue crossing in Fayetteville to the Apple Blossom Avenue crossing in Springdale.
The pursuit of funds for railroad crossing safety stemmed from the addition of two new crossings near the
Fulbright Expressway and associated contractual obligations of the City to close and/or improve the safety of
existing crossings.
The following crossings were covered in the application:
Fayetteville
• University Avenue - possible closure and replacement with bike/ped grade separation (closure of this location
is required as part of the new crossing at Shiloh Street).
• Dickson Street - possible improvements to allow quiet zone
• Frisco Avenue - safety and geometric improvements
• Jocelyn Lane - possible closure (closure of this location is required as part of the new crossing at Futrall
Drive)
Springdale
• Shady Grove Road - possible safety and drainage improvements)
• Sunset Avenue - possible safety improvements and realignment of adjacent
intersections
• Randall Wobbe Drive - possible replacement with grade separation
• Apple Blossom Drive - possible safety improvements
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Page 8 of 286
Each location will be evaluated for criteria such as safety, environmental impact, economic impact and
multimodal impact.
DISCUSSION:
After the notification of award of this grant, staff from the City of Fayetteville, City of Springdale and the
Railroad met with the Federal Railroad Administration and identified the steps necessary to move towards
obligation of the funds. The first step is for the three parties to enter into an agreement for the administration of
this grant. FRA assisted in the drafting of the agreement. The agreement has been signed by the Railroad
and is in the process for approval by the Springdale City Council. Once this agreement has been signed and
submitted to the FRA, then the agreement for the grant award will be prepared by FRA and sent to the grant
recipients to be executed.
BUDGET/STAFF IMPACT:
There is no budget impact associated with this agreement.
ATTACHMENTS: SRF (#3), 2023-1511 RR Grant Admin Agmt (#4)
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Page 9 of 286
== City of Fayetteville, Arkansas
y 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
- Legislation Text
File #: 2023-1511
A Resolution approving a Railroad Grant Administration Agreement
A RESOLUTION TO APPROVE AN AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE,
THE CITY OF SPRINGDALE, AND THE ARKANSAS & MISSOURI RAILROAD FOR THE
ADMINISTRATION OF A RAILROAD CROSSING ELIMINATION GRANT
WHEREAS, in 2022 the Cities of Fayetteville and Springdale, in collaboration with Arkansas &
Missouri Railroad were awarded a Railroad Crossing Elimination Grant in the amount of $576,000.00 to
conduct planning activities to scope improvement projects at various at -grade crossings to improve
mobility and enhance safety for the area; and
WHEREAS, the pursuit of funds for railroad crossing safety stemmed from the addition of two new
crossings near the Fulbright Expressway and associated contractual obligations of the City to close
and/or improve the safety of existing crossings; and
WHEREAS, staff from the City of Fayetteville, City of Springdale and the Railroad met with the
Federal Railroad Administration and identified the steps necessary to move towards obligation of the
funds; and
WHEREAS, the first step is for the three parties to enter into an agreement for the administration of this
grant.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan
to sign an agreement between the City, the City of Springdale, and the Arkansas and Missouri Railroad
for the administration of a Railroad Crossing Elimination Grant.
Page 1
Page 10 of 286
Matt Casey
Submitted By
City of Fayetteville Staff Review Form
2023-1511
Item ID
1/2/2024
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
12/11/2023 ENGINEERING (621)
Submitted Date Division / Department
Action Recommendation:
Staff recommends approval of a resolution approving an agreement between the City of Fayetteville, the City of
Springdale and the Arkansas and Missouri Railroad for the administration of the Railroad Crossing Elimination
Grant.
Account Number
Project Number
Budgeted Item? No
Budget Impact:
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Does item have a direct cost? No Item Cost
Is a Budget Adjustment attached? No Budget Adjustment
Remaining Budget
Fund
Project Title
$
V20221130
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
Page 11 of 286
GRANT ADMINISTRATION AGREEMENT
This Agreement, made and entered into on this day of
2023, by and between
the City of Fayetteville, Arkansas ("Fayetteville") and the City of Springdale, Arkansas
("Springdale") (jointly referred to as "Grantees") and The Arkansas and Missouri Railroad
Company, ("Railroad"),
WITNESSETH:
WHEREAS, the Grantees are the recipients of a 2022 United States Department of
Transportation (USDOT), Federal Railroad Administration (FRA) Railroad Crossing Elimination
(RCE) Grant ("Grant") for a study of a 14-mile corridor of the Arkansas and Missouri Railroad
through the cities of Fayetteville and Springdale to identify feasible safety improvements at
various street crossings as identified in the attached Exhibit l;
WHEREAS, the Grantees will be responsible for meeting all the requirements and duties
defined as recipients of the grant;
WHEREAS, the crossings identified for this study are located within right-of-way
owned by the Railroad;
WHEREAS, the Parties agree that the Railroad will not require compensation, and the
Grantees will not compensate the Railroad, for use of the Railroad right-of-way used in this
study;
NOW, THEREFORE, the City of Fayetteville, Arkansas, the City of Springdale,
Arkansas and The Arkansas and Missouri Railroad Company agree as follows:
1. Grantees agree to:
A. Serve as the recipients of the grant to receive, distribute and account for all grant
funds.
B. The Cities will jointly administer he grant with staff of the City of Fayetteville
designated as the point of contact.
C. Manage the selection procurement and administration of the engineering
contract for the study.
D. Require the consulting firm or contractor to meet any safety standards required
by or requested from the Railroad in addition to general safety requirements
(FRA, OSHA, etc.)
E. Ensure that no physical disturbance to the Railroad right of way occurs with
this project and that any access to the crossing sites will be for the purpose of
study and survey only.
F. Coordinate with the Railroad 7 days in advance on any activities that require
personnel to enter its right of way and move onto or over the active rail lines.
G. Share the results of the study with the Railroad.
Page 12 of 286
2. Railroad agrees to Allow the Grantees and their design professionals or other
contractors access to the right-of-way for the purpose of this study.
IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE SIGN
BELOW:
CITY OF SPRINGDALE,
ARKANSAS
By:
DOUG SPROUSE, Mayor
ATTEST:
am
Denise Pearce, City Clerk
CITY OF FAYETTEVILLE,
ARKANSAS
LIONELD JORDAN, Mayor
ATTEST:
ARKANSAS AND MISSOURI RAILROAD COMPANY
306 E. Emma Ave
Springdale, AR 72764
By:
CAREN L. KRASKA, President
WITNESS:
By:��d
Kara Paxton, City Clerk
Page 13 of 286
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF DECEMBER 28, 2023
TO: Mayor Jordan and City Council
THRU: Susan Norton, Chief of Staff
FROM: Peter Nierengarten, Environmental Director
DATE: December 11, 2023
SUBJECT: Litter Abatement Program with Genesis Church
RECOMMENDATION:
CITY COUNCIL MEMO
2023-1510
Approve contract amendment 2 with Genesis Church for continuation of a litter abatement program in
partnership with the City of Fayetteville.
BACKGROUND:
In recent years, the City of Fayetteville has experienced unprecedented growth in population. This growth has
exacerbated an ongoing litter problem across the city and in specific geographic areas, notably along streets,
trails, parks and streams. The presence of litter degrades our environment, impacts water quality and threatens
our quality of life. The City has developed and currently operates numerous adopt -a -trail, adopt -a -street and
adopt -a -park initiatives in partnership with volunteer groups to manage and abate litter, but the problem
continues to grow.
Simultaneously, Fayetteville is seeing a growing population of unsheltered residents camping primarily in urban
woodlands along trails and streams within the city. Several programs and agencies are working in
coordination to address this homelessness challenge, but additional support and coordination is needed to
address this growing issue.
In June 2022, the City of Fayetteville and Genesis Church worked to develop a 6-month litter abatement pilot
program to allow unsheltered individuals a paid work opportunity to beautify the City of Fayetteville by picking
up litter in designated areas. And in January 2023 the Fayetteville City Council approved a 1-year contract with
Genesis Church to continue the litter abatement program. In 2023, over 131 unique participants removed over
132,000 Ibs of litter from creeks, parks, trails and streets in Fayetteville and diverted 21,000 Ibs of electronic
waste from the landfill.
DISCUSSION:
The City of Fayetteville proposes continuing the Litter Abatement Program into 2024. Genesis Church will
manage the day-to-day operation of the program. They will supervise workers, provide transportation, provide
lunch, provide access to local social services and pay workers at the end of each day. The City will provide all
litter collection supplies and direct litter abatement crews to identify locations for litter collection. Litter that has
been collected and bagged by the litter abatement crews will then be delivered to the Recycling and Trash
Division's transfer station on Happy Hollow Road.
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Page 14 of 286
The City in partnership with Genesis Church, will continue to collect data and metrics that will be utilized to
determine the effectiveness of the project.
BUDGET/STAFF IMPACT:
The maximum not -to -exceed amount authorized for this pilot project is $100,000. Funding for the work will
come from the Sustainability Department's contract services budget.
ATTACHMENTS: SRF (#3), Genesis MOA - 2024 (#4)
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Page 15 of 286
== City of Fayetteville, Arkansas
y 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
- Legislation Text
File #: 2023-1510
Litter Abatement Program with Genesis Church
A RESOLUTION TO APPROVE AMENDMENT 2 TO THE MEMORANDUM OF AGREEMENT
WITH GENESIS CHURCH OF FAYETTEVILLE FOR CONTINUATION OF A LITTER
ABATEMENT PROGRAM THROUGH 2O24 IN AN AMOUNT NOT TO EXCEED $100,000.00
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 Mayor Jordan
to sign Amendment 2 to the Memorandum of Agreement with Genesis Church of Fayetteville for
continuation of a Litter Abatement Program through 2024 in an amount not to exceed $100,000.00.
Page 1
Page 16 of 286
Peter Nierengarten
Submitted By
City of Fayetteville Staff Review Form
2023-1510
Item ID
1/2/2024
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
12/8/2023 RECYCLING/TRASH COLLECTION (750)
Submitted Date Division / Department
Action Recommendation:
Approve contract amendment 2 with Genesis Church for continuation of a litter abatement program in partnership
with the City of Fayetteville.
Budget Impact:
1010.631.6310-5315.00 Sustainability - Contract Services
Account Number
Fund
Project Number Project Title
Budgeted Item? Yes Total Amended Budget $ 178,000.00
Expenses (Actual+Encum) $ -
Available Budget $ 178,000.00
Does item have a direct cost? Yes Item Cost $ 100,000.00
Is a Budget Adjustment attached? No Budget Adjustment $ -
Remaining Budget
V20221130
Purchase Order Number: 2023-00000530 Previous Ordinance or Resolution # 21-23
Change Order Number:
Original Contract Number:
Comments:
2
Approval Date:
1/17/2023
Page 17 of 286
AMENDMENT 2 TO MEMORANDUM OF AGREEMENT FOR THE
FAYETTEVILLE LITTER ABATEMENT PROGRAM
This Amendment 2, made and entered into on this day of , 2024, by and
between the City of Fayetteville, Arkansas ("City") and Genesis Church of Fayetteville
("Genesis"), witnesseth:
WHEREAS, homelessness is a significant public issue for many Fayetteville residents;
and,
WHEREAS, the City supports and encourages programs that address the critical health
and safety needs of unsheltered individuals; and,
WHEREAS, on June 17, 2022, the City and Genesis entered into an Agreement
establishing a pilot program to help ensure that unsheltered Fayetteville residents have a work
opportunity and access to support services; and,
WHEREAS, since that time the City and Genesis have partnered to operate a program
providing persons experiencing homelessness with paid work opportunities by picking up debris
in designated areas within the City of Fayetteville which has beautified the City (the "Program")
NOW, THEREFORE, the City of Fayetteville, Arkansas and Genesis Church agree to
amend their original Agreement as follows:
1. The City of Fayetteville, Arkansas and Genesis agree to extend the term of their
agreement through December 31, 2024. This Amendment 2 shall be effective on
, and supersedes and replaces all of the terms, conditions, and
obligations contained in previous agreements.
2. The City of Fayetteville, Arkansas agrees to:
A. Reimburse Genesis Church for:
1) Payments made to independent contractors participating in the Program at
a rate of $12.50 per hour.
2) The supervisory position at a rate of $17.00 per hour plus taxes, workers'
compensation insurance and other withholdings.
3) The administration fee at a rate of $2,000.00 per month.
4) Mileage expenses for transportation provided for independent contractors
to and from job sites and for transport of material to City Transfer Station.
5) Lunches provided to program participants, $10.50 per meal.
B. The City agrees to provide the following equipment for this Program as needed
and as agreed upon by the parties, including but not limited to:
• Trash Grabbers;
Page 1 of 3
Page 18 of 286
• Buckets;
• Recycle Bins
• Trash bags;
• Safety vests; and
• Gloves.
C. The City agrees to designate a contact person in the City's Recycling and Trash
Collection Division who will assign work sites.
D. Accept trash at the City's Transfer Station or other designated drop location.
3. Genesis Church agrees to:
A. Designate a representative to direct and coordinate Genesis' responsibilities
with respect to this Agreement.
B. Provide the Program's supervisors any required workers' compensation
insurance and shall be solely responsible for any and all taxes and
withholdings related thereto. Genesis also agrees to comply with all applicable
state and federal tax, insurance, and employment laws.
C. Pay Program participants at a rate of $12.50/hour worked as independent
contractors. Genesis shall pay each participant weekly at the drop-off point at
the end of the day.
D. Provide information about various local social services to the participants with
a goal of ending their unsheltered status.
E. Collect and report data concerning the Project to the City including, but not
limited to:
• The number of participants of each day of the Program;
• The number of individuals participating in the Program on more than
one day and the total number of days each such person participated in
the Program;
• Provide an estimate of the amount of debris collected;
• The monetary amount spent to pay participants for participation in the
Program.
F. Be responsible for determining the routes to each site as well as the pickup
and drop off points for the participants.
G. Provide vehicles for the purposes of transporting independent contractors to
and from the job sites and for transport of materials to the City Transfer
Station.
Page 2 of 3
Page 19 of 286
H. Transport trash to the City's Transfer Station or other designated drop
location.
I. Provide lunch for the Program' s participants and supervisors each day the
Program operates.
J. File, in a timely fashion and to the best of its ability, an Internal Revenue
Service Form 1099 for any participant in the Program who receives more than
Six Hundred Dollars ($600.00) by means of the Program.
K. Provide the participants the equipment needed to perform their duties whether
that equipment is purchased by Genesis or provided by the City.
L. Submit monthly invoice to the City showing proof hours worked, sites cleaned
up, and amount of trash collected.
4. The maximum not to exceed amount for this agreement is $100,000 and the term of
this amended Agreement shall be from the effective date of this Amendment as
provided above through December 31, 2024. The term of this Agreement may be
extended by mutual agreement between Genesis and the Fayetteville City Council.
IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE
SIGN BELOW:
GENESIS CHURCH OF
FAYETTEVILLE
By: (VIM (&
J NICE HANN , Executive Director
ATTEST:
By:I-
CITY OF FAYETTEVILLE,
ARKANSAS
LIONELD JORDAN, Mayor
ATTEST:
KARA PAXTON, City Clerk
Page 3 of 3
Page 20 of 286
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF DECEMBER 28, 2023
TO: Mayor Jordan and City Council
THRU: Susan Norton, Chief of Staff
FROM: Paul Becker, Chief Financial Officer
DATE: December 12, 2023
SUBJECT: Seven Hills Homeless Center Funding Agreement
RECOMMENDATION:
CITY COUNCIL MEMO
2023-1539
A Resolution to waive competitive bidding, to approve a monthly funding agreement with Seven Hills Homeless
Center contingent on satisfactory contractual performance for the period of January 1, 2024, through
December 31, 2024.
BACKGROUND:
The Seven Hills Homeless Center has provided services to homeless and needy residents in Fayetteville for
over 20 years. Seven Hills is a not -for -profit organization that has relied almost exclusively on private donations
for operational funding during that period.
The City Council approved the 2024 budget which appropriated funding for the 2024 fiscal year to maintain the
operations of the day center by Seven Hills in the amount of $119,400. Although funding for the center by
generous donors has improved, a shortfall still exists.
The contractual amount would be paid in monthly disbursements of $9,950 each month beginning in January
2024. Attached is a contract for services with Seven Hills
DISCUSSION:
BUDGET/STAFF IMPACT:
This contract is contingent on funding approval by the City Council.
ATTACHMENTS: SRF (#3), 2024 City of Fayetteville Executed Contract (#4)
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Page 21 of 286
== City of Fayetteville, Arkansas
Y 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
- Legislation Text
File #: 2023-1539
Seven Hills Homeless Center Funding Agreement
A RESOLUTION TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING
AND APPROVE A CONTRACT WITH SEVEN HILLS HOMELESS CENTER IN THE AMOUNT
OF $119,400.00 FOR SERVICES TO HOMELESS AND NEEDY RESIDENTS IN FAYETTEVILLE
IN 2024
WHEREAS, the Board of Directors of Seven Hills has operated a day time facility to serve numerous
homeless and needy Fayetteville residents for over 20 years relying upon the support of several local
churches, charities and charitable persons, as well as some governmental support (for veterans, etc.); and
WHEREAS, the Fayetteville City Council approved a funding request for the 2024 fiscal year to
maintain the operations of the Seven Hills day center and, although funding for the center by donors has
improved, a shortfall still exists that jeopardizes its ability to continue to offer vital services to
Fayetteville's homeless residents; and
WHEREAS, if Seven Hills could no longer operate its Walker Family Residential Community
transitional housing facility, currently housed citizens might become homeless again and have to live on
the streets or in the woods; and
WHEREAS, if Seven Hills could no longer operate its day time facility, the large number of homeless
residents who depend upon this facility for showers and washing, hot food, a warm place to stay during
the day, as well as access to a telephone and other job assistance services could not find such
comparable services elsewhere; and
WHEREAS, the facilities and services provided by Seven Hills are required to be continued and should
continue to be supported by the City in order to prevent our homeless and needy residents from suffering
undue hardship and deprivation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of 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 between the City of Fayetteville,
Arkansas and Seven Hills Homeless Center in the amount of $119,400.00 for services to homeless and
needy Fayetteville residents in 2024 and authorizes Mayor Jordan to sign this contract.
Page 1
Page 22 of 286
Resolution:
File Number: 2023-1539
Page 2
Page 23 of 286
Paul Becker
Submitted By
City of Fayetteville Staff Review Form
2023-1539
Item ID
1/2/2024
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
12/12/2023 CHIEF FINANCIAL OFFICER (110)
Submitted Date Division / Department
Action Recommendation:
A Resolution to waive competitive bidding, to approve a monthly funding agreement with Seven Hills Homeless
Center contingent on satisfactory contractual performance for the period of January 1, 2024, through December
31, 2024.
Budget Impact:
1010.090.6600-5721.00
General
Account Number Fund
40901.4010.1 Outside Agencies Funding - Seven Hills Homeless
Project Number
Budgeted Item? Yes
Does item have a direct cost? Yes
Is a Budget Adjustment attached? No
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
2023-03
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$ 119,400.00
$ 119,400.00
$ 119,400.00
V20221130
Previous Ordinance or Resolution # 12-23
Approval Date:
Page 24 of 286
CONTRACT
THIS CONTRACT is made by and between the City of Fayetteville, Arkansas
(hereinafter "City") and Seven Hills Homeless Center, which is an Arkansas
nonprofit corporation which filed its corporate documents with the Secretary of
State in 2001 (hereinafter "Seven Hills") on this 1 st day of January 2024.
Whereas, the Board of Directors of Seven Hills has operated a daytime facility to
serve numerous homeless and needy Fayetteville residents for over 20 years
relying upon the support of several local churches, charities and charitable persons,
as well as some governmental support (for veterans, etc.); and
Whereas, the Fayetteville City Council has approved a funding request for the
2024 fiscal year to maintain the operations of the Seven Hills day center. Although
funding for the center by donors has improved, a shortfall still exists to continue to
offer vital services to Fayetteville's homeless residents; and
Whereas, if Seven Hills could no longer operate its Walkcr Family Residential
Community transitional housing facility, currently housed citizens might become
homeless again and have to live on the streets or in the woods; and
Whereas, if Seven Hills could no longer operate its day time facility, the large
number of homeless residents who depend upon this facility for showers and
washing, hot food, a warm place to stay during the day, as well as access to a
telephone and other job assistance services could not find such comparable
services elsewhere; and
Whereas, the facilities and services provided by Seven Hills are required to be
continued and should continue to be supported by the City in order to prevent our
homeless and needy residents from suffering undue hardship and deprivation.
NOW, THEREFORE, The City of Fayetteville and the Board of Directors of
Seven Hills Homeless Center agree as follows:
1. The term of this contract shall be January 1, 2024 until December 31, 2024
unless ended earlier by the City for failure of Seven Hills to comply with all
provisions and requirements of this contract.
Page 25 of 286
2. Seven Hills Homeless Center agrees to and shall provide all necessary
personnel, supplies, utilities and maintenance of its facility to serve all
Fayetteville's needy homeless residents who are utilizing and will continue
to need to utilize the daytime facility. Seven Hills agrees to continue to offer
all programs and services which Seven Hills has been normally supplying in
the past in its daytime facility.
I Seven Hills Homeless Center further agrees to and shall provide all
necessary personnel, supplies, utilities and maintenance of the Walker
Family Residential Community transitional facility to serve the transitional
housing occupants. Seven Hills is authorized to use some of the City revenue
for these purposes where appropriately authorized by the earlier agreement
between the City and Seven Hills. Seven Hills agrees to continue to offer all
programs and services to these Fayetteville transitional housing tenants as it
has normally been providing in the past.
4. Seven Hills Homeless Center further agrees to make diligent efforts to
regain its financial footing by increasing its revenues and/or reducing its
expenses so Seven Hills Homeless Center can once again pay all of its own
bills and will not need further financial support from the City of Fayetteville.
5. Seven Hills Homeless Center further agrees to make a report to the Mayor
on its financial status on a monthly basis. Seven Hills also agrees to present
any other report as requested by the Mayor or City Council.
6. The City of Fayetteville agrees to pay the sum of NINE THOUSAND
NINE HUNDRED FIFTY ($9,950.00) on the first Wednesday of each
month beginning in January while this contract is effective as long as the
Finance Director and the City Administration are satisfied that Seven Hills is
satisfactorily complying with all terms and conditions of this contract.
Page 26 of 286
IN WITNESS WHEREOF, the parties hereto have caused their signatures
to be set by their authorized representatives effective the date signed by the Mayor
after approval by the Fayetteville City Council.
SEVEN HILLS HOMELESS
CENTER
Will Roth
Chair of the Seven Hills Homeless
Center Board
ABe4son, CEO
CITY OF FAYETTEVILLE,
ARKANSAS
Lioneld Jordan, Mayor
Date:
ATTEST:
Kara Paxton
City Clerk/Treasurer
Page 27 of 286
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF DECEMBER 28, 2023
TO: Mayor Jordan and City Council
THRU:
CITY COUNCIL MEMO
2023-1548
FROM: Paul Becker, Chief Financial Officer
DATE: December 14, 2023
SUBJECT: Fire Pension Fund Number Change and Authorization to Loan Cash to the Fire
Pension Fund from the General Fund When Necessary
RECOMMENDATION:
That the assigned Fire Pension Fund fund number be changed from 6810 to 2810 in the 2024 budget. This will
identify the fund as a special revenue fund in the City of Fayetteville accounting structure.
That the Mayor or his designee (Chief Financial Officer) be authorized to loan cash from the General Fund to
the Fire Pension Fund to make monthly payments to LOPFI for benefit payments until fire pension tax
payments are received from the County to provide necessary reimbursements for the remainder of the fiscal
year.
That loan repayments from the Fire Pension Fund be made to the General Fund when practicable.
That the total loan liability amount due the General Fund in the Fire Pension Fund be reduced to its lowest
amount based on available cash by the end of each fiscal year.
BACKGROUND:
The City Council, at the administration's recommendation, approved the consolidation of the Fayetteville local
fire pension fund with LOPFI (Arkansas Local Police and Fire retirement system) by the passage of Ordinance
#6676 on August 15, 2023. At that time, the exact details had not yet been communicated to the City
concerning payment amounts required by the City to LOPFI. Therefore, the budget for transfer payments to
LOPFI and the related property taxes which fund those payments were budgeted in the Fire Pension Fund
#6810. This is classified as a Trust Fund in the City of Fayetteville budget and accounting system.
DISCUSSION:
The final details received from LOPFI require monthly reimbursements be made by the City to LOPFI for
benefit payments to retirees. This creates a cash flow problem because the majority of fire property tax funding
is normally received from the County in two large distributions in April and October. Therefore, it is requested
that the Mayor or his designee (CFO) be authorized to loan necessary cash to the City's Fire Pension Fund
from the City General Fund in order to meet monthly payments to LOPFI for the reimbursement of monthly
benefit payments.
The Mayor or his designee (CFO) would then be required to repay the cash loaned to the Fire Pension Fund
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Page 28 of 286
as soon as possible based on Fire Pension property taxes received. By the end of the fiscal year, the Mayor or
his designee would be required to reduce the loan liability amount to the General Fund to its lowest possible
value with any cash available in the Fire Pension Fund.
BUDGET/STAFF IMPACT:
The loans and repayment of the loans from the General Fund to the Fire Pension Fund would not require an
adjustment to the budget but instead would create a loan payable on the Fire Pension Fund balance sheet and
a receivable on the General Fund balance sheet until all cash loans are paid back.
ATTACHMENTS: SRF (#3)
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Page 29 of 286
== City of Fayetteville, Arkansas
y 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
- Legislation Text
File #: 2023-1548
Fire Pension Fund Number Change and Authorization to Loan Cash to the Fire Pension Fund
from the General Fund When Necessary
A RESOLUTION TO CHANGE THE ASSIGNED FIRE PENSION FUND NUMBER IN THE 2024
BUDGET, TO AUTHORIZE THE MAYOR OR THE MAYOR'S DESIGNEE TO LOAN CASH
FROM THE GENERAL FUND TO THE FIRE PENSION FUND FOR MONTHLY BENEFIT
PAYMENTS, AND TO AUTHORIZE THE MAYOR OR THE MAYOR'S DESIGNEE TO
REIMBURSE THE GENERAL FUND WHEN FIRE PENSION TAXES ARE RECEIVED
WHEREAS, on August 15, 2023, the City Council passed Ordinance 6676 approving the consolidation
of the Fayetteville local fire pension fund with the Arkansas Local Police and Fire (LOPFI) retirement
system; and
WHEREAS, at the time, the exact details concerning payments to LOPFI had not yet been
communicated to the City so the budget for transfer payments to LOPFI and the related property taxes
which fund those payments were budgeted in the Fire Pension Fund #6810; and
WHEREAS, LOPFI has now communicated to the City that it requires monthly reimbursements from
the City to LOPFI for benefit payments to retirees, which creates a cash flow issue because the majority
of fire property tax funding is normally received from Washington County in two large distributions in
April and October; and
WHEREAS, Chief Financial Officer Paul Becker recommends that the City Council authorize the
Mayor or the Mayor's designee to loan necessary cash to the City's Fire Pension Fund from the City
General Fund in order to make the required payments to LOPFI for the reimbursement of monthly
benefit payments; and
WHEREAS, if so authorized, the Mayor or the Mayor's designee will repay the cash loaned to the Fire
Pension Fund as soon as possible based on Fire Pension property taxes received and reduce the loan
liability amount to the General Fund to its lowest possible value with any cash available in the Fire
Pension Fund, by the end of each fiscal year.
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 changes the assigned Fire
Pension Fund number from 6810 to 2810 in the 2024 budget.
Page 1
Page 30 of 286
Resolution:
File Number. 2023-1548
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the Mayor or
the Mayor's designee to loan cash from the General Fund to the Fire Pension Fund to make monthly
payments to LOPFI for benefit payments until fire pension tax payments are received from the County
to provide necessary reimbursements.
Section 3: That the City Council of the City of Fayetteville, Arkansas further authorizes the Mayor or
the Mayor's designee to repay the cash loaned to the Fire Pension Fund as soon as possible based on
Fire Pension property taxes received each year and reduce the loan liability amount to the General Fund
to its lowest possible value with any cash available in the Fire Pension Fund by the end of each fiscal
year.
Page 2
Page 31 of 286
Paul Becker
Submitted By
City of Fayetteville Staff Review Form
2023-1548
Item ID
1/2/2024
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
12/14/2023 CHIEF FINANCIAL OFFICER (110)
Submitted Date Division / Department
Action Recommendation:
That the assigned "Fire Pension Fund" fund number be changed from 6810 to 2810 in the 2024 budget, and that
the Mayor or his designee (Chief Financial Officer) be authorized to loan cash from the General Fund to the Fire
Pension Fund to make monthly payments to LOPFI for benefit payments until fire pension tax payments are
received from the County to provide necessary reimbursements for the remainder of the fiscal year.
Account Number
Project Number
Budgeted Item? No
Does item have a direct cost? No
Is a Budget Adjustment attached? No
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Budget Impact:
6810 - Fire Pension Fund
Fund
Project Title
Total Amended Budget
$ -
Expenses (Actual+Encum)
$ -
Available Budget
Item Cost
$ -
Budget Adjustment
$ -
Remaining Budget
V20221130
Previous Ordinance or Resolution # 6676
Approval Date: 8/15/2023
Page 32 of 286
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF DECEMBER 28, 2023
TO: Mayor Jordan and City Council
CITY COUNCIL MEMO
THRU: Susan Norton, Chief of Staff
FROM: Tim Nyander, Utilities Director
DATE: December 7, 2023
SUBJECT: Arkansas One -Call System, Inc. — Utility Locating Services
RECOMMENDATION:
2023-1478
Staff recommends waiving competitive bidding and authorizing the purchase of utility locating services from
Arkansas One -Call System, Inc. in an amount not to exceed $50,000.00 per year for all City departments on an
as -needed basis through December 31, 2029.
BACKGROUND:
Arkansas One -Call System, Inc. provides utility locating services for the Water & Sewer Department to make
sure that City of Fayetteville employees don't damage other utilities in the course of installing lines and taps
and performing repairs on the water and sewer system. Ark. Code Ann. 14-271-107 requires the City of
Fayetteville to be a part of the One Call Center as owners of an underground utility system. Arkansas One -Call
System, Inc. is the sole provider of this service in Arkansas.
DISCUSSION:
For the Water & Sewer Department, locating service from Arkansas One -Call System have usually cost under
$35,000.00 annually. However, other City departments utilize Arkansas One -Call. With those other
departments, the combined amount will exceed $35,000.00 per year, requiring City Council approval.
Since Arkansas One -Call is the sole provider of utility locating services in Arkansas, staff recommends
approval of the purchase of utility locating services from Arkansas One -Call System, Inc. in an amount not to
exceed $50,000.00 per year for all City departments on an as -needed basis through December 31, 2029.
BUDGET/STAFF IMPACT:
Funds are available in the Construction Materials accounts within the Water & Sewer Fund and the Street
Fund.
ATTACHMENTS: SRF (#3), 2023 Membership Fees (#4)
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Page 33 of 286
== City of Fayetteville, Arkansas
y 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
- Legislation Text
File #: 2023-1478
Arkansas One -Call System, Inc. — Utility Locating Services
A RESOLUTION TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE THE PURCHASE OF
UTILITY LOCATING SERVICES FROM ARKANSAS ONE -CALL SYSTEM, INC. IN AN
AMOUNT NOT TO EXCEED $50,0000.00 PER YEAR FOR ALL CITY DEPARTMENTS ON AN
AS -NEEDED BASIS THROUGH DECEMBER 31, 2029
WHEREAS, Arkansas One -Call System, Inc. provides utility locating services for City departments to
make sure that other utilities are not damaged by City projects; and
WHEREAS, Ark. Code Ann. § 14-271-107 requires the City of Fayetteville to be a part of the One Call
Center as owners of an underground utility system; and
WHEREAS, Arkansas One -Call System, Inc. is the sole provider of this service in Arkansas.
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 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 authorizes the purchase of utility locating services from
Arkansas One -Call System, Inc. in an amount not to exceed $50,000.00 per year for all City departments
on an as -needed basis through December 31, 2029.
Page 1
Page 34 of 286
Tim Nyander
Submitted By
City of Fayetteville Staff Review Form
2023-1478
Item ID
1/2/2024
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
12/7/2023 WATER SEWER (720)
Submitted Date Division / Department
Action Recommendation:
Staff recommends waiving competitive bidding and authorizing the purchase of utility locating services from
Arkansas One -Call System, Inc. in an amount not to exceed $50,000.00 per year for all City departments on an as -
needed basis through December 31, 2029.
Budget Impact:
5400.720.XXXX-5216.00
Water and Sewer
Account Number Fund
N/A N/A
Project Number
Budgeted Item? Yes
Does item have a direct cost? Yes
Is a Budget Adjustment attached? No
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$ 1,163,418.00
Is 1,163,418.00
$ 50,000.00
1,113,418.00
Previous Ordinance or Resolution #
Approval Date:
V20221130
Page 35 of 286
Arkansas 811
Member Fees
2023
Members of Arkansas 811 pay fees to finance the cost of providing the statewide system to
process notices from excavators of their intention to dig, drill or blast and to promote digging
safely. The fees fall into two categories basic monthly fees and call fees.
Member Types
Arkansas 811 members fall into one of three categories:
Public Authority
A Public Authority Member is limited to owners or operators of utility
Membership
systems which are governmental entities or otherwise political subdivisions
of the State of Arkansas or the United States, such as municipalities,
counties, improvement districts, rural water associations, and similar bodies
and organizations.
Premium
A Premium Member includes any member whose facilities are primarily
Membership
engaged in interstate transmission or whose facilities are not connected
directly to end users other than themselves.
Regular
All other owners and operators of underground facilities.
Membership
Member Categories
Members fall into one of 12 categories based on the total number of notices during the previous
year:
WOC
A
Minimum
NoticesiIncluded
0
Maximum Annual
150
Notices
150
B
151
360
240
C
361
750
0
D
751
1,500
0
E
1,501
3,000
0
F
3,001
6,000
0
G
6,001
15,000
0
H
15,001
30,000
0
I
30,001
75,000
0
J
75,001
150,000
0
K
150,001
300,000
0
L
300,001
500,000
0
(over)
Page 36 of 286
Basic Fees
The Basic Fee covers the cost of servicing the member with record -keeping, information,
mailings, screening of locates not in a member's territory, and the statewide education and
damage prevention program. It also covers the cost of the notices included in the basic fee.
A
BasicMonthly
Regular MemLUL_ Public
19.50
Authority Premium
11.40
Member
29.28
B
34.80
24.36
52.20
C
46.50
32.58
69.78
D
69.00
48.30
103.50
E
114.00
79.80
171.00
F
204.00
142.80
306.00
G
474.00
331.80
711.00
H
924.00
646.80
1,386.00
I
2,274.00
1,591.80
3,411.00
J
4,524.00
3,166.80
6,786.00
K
9,024.00
6,316.80
13,536.00
L
15,024.00
10,516.80
22,536.00
Call Fees
Call fees cover the cost of receiving the locate requests in the center, processing to determine
which members need to be notified, and transmitting the notices to the appropriate members.
Call fees are billed on a monthly basis after the free notices included in the basic fees have been
used:
Billing — Members are invoiced for both basic fees and call fees (should they exceed the
number of "free" notices included) on a monthly basis. Invoices are due and payable within 20
days of the date of invoice. A late charge of 3% is assessed if the invoice is not paid within 30
days.
Effective Date: 01/01/2009
(over)
Page 37 of 286
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF DECEMBER 28, 2023
TO: Mayor Jordan and City Council
CITY COUNCIL MEMO
2023-1542
THRU: Susan Norton, Chief of Staff
FROM: Tim Nyander, Utilities Director
DATE: December 14, 2023
SUBJECT: Amendment No. 1 to the Engineering Services Agreement with McClelland
Consulting Engineers, Inc. for the Greenland Sewer Cost Share Project
RECOMMENDATION:
Staff recommends approval of Amendment No. 1 to the engineering services agreement with McClelland
Consulting Engineers, Inc. for professional services associated with the Greenland Sewer Cost Share Project
in an amount not to exceed $48,000.00.
BACKGROUND:
The majority of Greenland's wastewater is conveyed to Lift Station 18 (LS18 located at 210 N. Sandy Ave.),
which is then pumped approximately 5,600 feet via an 8-inch force main into Fayetteville's collection system.
LS18 and the 8-inch force main have exceeded their useful lives and are at capacity. As such, improvements
to the existing system are necessary to ensure enough capacity for the 20-year growth period. Greenland's
proposed improvements include construction of a new lift station in the vicinity of existing LS 18, approximately
6,200 linear feet of 10-inch force main, and approximately 3,500 linear feet of 18-inch gravity sewer that will
connect back into Fayetteville's existing 12" gravity sewer north of Drake Field.
Fayetteville will need to upsize the gravity sewer from the point Greenland ties -in, downstream to Lift Station
16 and add a 3rd pump at this station to accommodate the increased flows. All of these items have been
previously identified in Wastewater Collection System Master Plans and were anticipated. Since McClelland
Consulting Engineers was already the design engineer for Greenland on this project, they were previously
selected via RFQ# 22-01, Selection #7 to provide these design services for Fayetteville.
DISCUSSION:
Amendment No. 1 will increase the scope of engineering services to include construction observation, field
accounting, construction engineering support, material submittal reviews, as -built drawing preparation, and all
services necessary to manage the project throughout construction. This additional scope and effort is based on
hourly, not -to -exceed rates at $48,000.00. The original design contract was $33,480.00 therefore increasing
the overall engineering contract value to $81,480.00.
BUDGET/STAFF IMPACT:
The proposed amendment is hourly in the maximum not -to -exceed amount of $48,000.00. Budgeted funds are
available in the Sanitary Sewer Rehabilitation account within the Water & Sewer fund.
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Page 38 of 286
ATTACHMENTS: SRF (#3), Amendment No. 1 (#4), RFQ 23-01, Selection 7 - Voting Results (#5)
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Page 39 of 286
== City of Fayetteville, Arkansas
y 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
- Legislation Text
File #: 2023-1542
Amendment No. 1 to the Engineering Services Agreement with McClelland Consulting Engineers,
Inc. for the Greenland Sewer Cost Share Project
A RESOLUTION TO APPROVE AMENDMENT NO. 1 TO THE PROFESSIONAL ENGINEERING
SERVICES AGREEMENT WITH MCCLELLAND CONSULTING ENGINEERS, INC. IN AN
AMOUNT NOT TO EXCEED $48,000.00 FOR ADDITIONAL SERVICES ASSOCIATED WITH
THE GREENLAND SEWER COST SHARE PROJECT
WHEREAS, on March 14, 2022, Mayor Jordan signed a Professional Engineering Services Agreement
with McClelland Consulting Engineers, Inc. for the design of upgrades necessary to accept wastewater
from Greenland; and
WHEREAS, Amendment No. 1 will increase the scope of engineering services to include construction
observation, field accounting, construction engineering support, material submittal reviews, as -built
drawing preparation, and all services necessary to manage the project through construction.
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 Amendment No. 1 to the Professional Engineering Services Agreement with McClelland
Consulting Engineers, Inc. in an amount not to exceed $48,000.00 for additional services associated with
the Greenland Sewer Cost Share Project, as shown in the scope of services attached to Amendment No.
1.
Page 1
Page 40 of 286
Tim Nyander
Submitted By
City of Fayetteville Staff Review Form
2023-1542
Item ID
1/2/2024
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
12/12/2023 WATER SEWER (720)
Submitted Date Division / Department
Action Recommendation:
Staff recommends approval of Amendment No. 1 to the engineering services agreement with McClelland
Consulting Engineers, Inc. for professional services associated with the Greenland Sewer Cost Share Project in an
amount not to exceed $48,000.00.
5400.720.5700-5314.00
Account Number
02017.1
Project Number
Budgeted Item? Yes
Does item have a direct cost? Yes
Is a Budget Adjustment attached? No
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Budget Impact:
Water and Sewer
Fund
Sanitary Sewer Rehabilitation
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$ 13,071,913.00
$ 12,791,579.39
280,333.61
$ 48,000.00
232,333.61
V20221130
2022-277 Previous Ordinance or Resolution #
1 Approval Date:
2022-17
Page 41 of 286
Amendment No. 1 to the Engineering Services Agreement for
Gravity Sewer Upgrade Associated with Greenland Sewer to Fayetteville Project
Date:
WHEREAS, the CITY OF FAYETTEVILLE and McClelland Consulting Engineers, Inc.
(ENGINEER) entered into an Agreement for Professional Engineering Services
(AGREEMENT) on March 14, 2022; and,
WHEREAS, the CITY OF FAYETTEVILLE has requested that ENGINEER perform additional
services outside of the scope of the AGREEMENT.
NOW THEREFORE, the following modifications will be made to the AGREEMENT to
include the additional services requested:
MODIFICATIONS:
1. Section 2.1.1 —the additional scope of services are included in the attached
Appendix "A-1 ".
2. Section 5.1 — the maximum not -to -exceed amount is increased from $33,480.00 to
$81,480.00. Modifications to compensation are included in the attached
Appendix "A-2".
IN WITNESS WHEREOF, the parties execute this Amendment No. 1, to be effective on the
date set out above.
McClelland Consulting Engineers, Inc
BY:
Nicholas R. Batker, P.E.
Senior Associate
City of Fayetteville, Arkansas
mm
Mayor Lioneld Jordan
Page 42 of 286
APPENDIX A-1 -SCOPE OF ADDITIONAL SERVICES
AMENDMENT NO. 1 TO THE ENGINEERING SERVICES AGREEMENT FOR THE
12-INCH GRAVITY SEWER UPGRADE ASSOCIATED WITH THE GREENLAND
SEWER TO FAYETTEVILLE PROJECT
1.0 General
The scope of additional services includes construction administration and construction
observation services for the referenced project, which consists of approximately 1,900
linear feet of 18-inch gravity sewer, manholes and associated tie-in to Lift Station No. 16.
This new 18-inch gravity sewer will replace the existing 12-inch gravity sewer and will
provide the necessary capacity to handle sewer flows from the Greenland Sewer to
Fayetteville Project. Construction is anticipated to commence in early 2024.
2.0 Basic Services
2.1 Construction Administration
Construction administration services are generally included in the ENGINEER's
contract with the City of Greenland for the Greenland Sewer to Fayetteville Project.
However, the following items are specifically related to the 18-inch gravity sewer main
and are included in this scope of work with the CITY OF FAYETTEVILLE:
• Review Contractor's submittals related to the 18-inch gravity sewer main;
• Review Contractor's Requests for Information (RFIs) related to the 18-inch gravity
sewer main and issue clarifications as required;
• Conduct final inspection for the 18-inch gravity sewer main with the CITY OF
FAYETTEVILLE, and develop a punch list of outstanding items; and
• Prepare record drawings of the 18-inch gravity sewer main based upon information
furnished by the Contractor and field representatives, and provide to CITY OF
FAYETTEVILLE in AutoCAD and PDF format.
2.2 Construction Observation
• Provide a field representative to perform comprehensive construction observation
services. Field representative shall provide weekly updates to the CITY OF
FAYETTEVILLE on construction progress and any issues that may arise.
• It is estimated that the level of observation required by the ENGINEER to provide
comprehensive services will equate to an average of 30 hours per week for the
duration of the construction activities associated with the 18-inch gravity sewer
main. The construction duration of the 18-inch gravity sewer main is estimated to
be 90 calendar days.
Appendix A-1 — Scope of Additional Services
12-Inch Gravity Main Upsize
Page 1 of 2
Page 43 of 286
3.0 Compensation
In consideration of the performance of the foregoing services by the ENGINEER, the
CITY OF FAYETTEVILLE will compensate the ENGINEER as follows:
3.1 Compensation will be paid to the ENGINEER on the basis of ENGINEER's
standard hourly rates in effect at the time the work is performed, plus
reimbursable expenses. A task hour fee breakdown is provided as Appendix
A-2.
3.2 The maximum not -to -exceed fee for Amendment No. 1 will be $48,000.00.
3.3 The maximum not -to -exceed total contract amount is increased from
$33,480.00 to $81,480.00.
Appendix A-1 — Scope of Additional Services
12-Inch Gravity Main Upsize
Page 2 of 2
Page 44 of 286
APPENDIX A-2
City of Fayetteville - 12-inch Gravity Main Upsize
Amendment No. 1 - Services During Construction
Personnel Hour Fee Estimate
11/30/2023
McCLELLAND
CONSULTING
ENGINEERS, INC.
Task Description
Sr. Project
Manager
Project
Manager
Project
Engineer/
Designer
CAD/GIS
Technician
Const.
Observer
Extended Cost
Task 2.1 - Construction Administration
Review Contractor's Submittals
1.00
4.00
$750.00
Respond to RFls
2.00
8.00
$1,500.00
Final Inspection and Punch List
4.00
4.00
$1,320.00
As -Built Construction Documents
1.00
8.00
1 20.00
1 $3 5 00.00
Subtotal Labor Hours / Fee -Task 2.11
0.00
1 8.00
1 24.00
1 20.00
1 0.00
1 $7,080.00
Estimated Reimbursable Expenses/Subconsultants
Mileage
$20.00
Subtotal Reimbursable Expenses -Task 2.1
$20.00
Total Task 2.1 -construction Administration
0.00
8.00
24.00
20.00
0.00 $7,100.00
Task 2.2 - Construction Observation
Comprehensive Field Observation Services
400.00 $40 000.00
Subtotal Labor Hours / Fee - Task 2.21
0.00
1 0.00
1 0.00
1 0.00
1 400.00 1 $40,000.00
Estimated Reimbursable Expenses/Subconsultants
Mileage
$900.00
Subtotal Reimbursable Expenses -Task 2.2
$900.00
Total Task 2.2 -construction Observation
0.00
0.00
0.00
0.00
400.00 $40,900.00
GRAND TOTAL AMENDMENT NO. 21
0.00
1 8.00
1 24.00
1 20.00
1 400.00 1 $48,000.00
Page 1 of 1
Page 45 of 286
SELECTION
COMMITTEE - VOTING RESULTS
CITY OF
FAYETTEV(Li—
ARKANSAS
Selection Description: RFQ 23-01, Selection 47 - New
Lift Station - Greenland
Selection Committee Date/Time: 09/11/2023 at 4:00 PM
Firms are listed alphabetical order.
1
2
3
Overall RANK
Garver, LLC.
Hawkings-Weir Engineer,
McClelland Consulting
Inc.
Engineers, Inc.
list
2nd
3rd
{
I 4
OVERALL RANK SUMMARY SCORING
1st ranked firm:
�Cl.el I
bu*lne s , Inc..
2nd ranked firm:
r o,v,{tr
, I I � .
3rd ranked firm:
Las
-Weir Wtr-S' , (1(�-
Tallied by:
l
Amanda SIr Purchasing A e
K nny itch, Purchasing Agent
Date:
�B{eilfuss,
/
I ! /
!
Date: '7/ P5 /
\ Page 46 of 286
City of Fayetteville
RFQ 23-01, Engineering & Architectural Services
Date: 09/11/2023 at 4:00 PM
Meeting ID 85412640913
Topic S/C Meeting: RFQ 23-01, Selections 6-8
Start Time 9/11/2023 3:55:32 PM
End Time 9/11/2023 4:15:02 PM
User Email abeilfuss@favetteville-ar.gov
Duration (Minutes) 20
Participants 7
CITY OF
FAYETTEVILLE
ARKANS
ARKANSAS
Name (Original Name)
User Email Total Duration (Minutes)
Guest
Amanda Beilfuss
abeilfuss@fayetteville-ar.gov 20
No
Lyssie Koscheski
17
Yes
Mike Wiederkehr
17
Yes
Matt Mihalevich
mmihalevich@fayetteville-ar.gov 16
No
cgranderson
7
Yes
Chris Brown
13
Yes
wabernathy
12
Yes
Page 47 of 286
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF DECEMBER 28, 2023
CITY COUNCIL MEMO
2023-1540
TO: Mayor Jordan and City Council
THRU: Susan Norton, Chief of Staff
FROM: Tim Nyander, Utilities Director
DATE: December 14, 2023
SUBJECT: Cost Share Agreement with The City of Greenland for Upsizing a Portion of the Sewer
Line Coming from Greenland to the City of Fayetteville
RECOMMENDATION:
Staff recommends the approval of a cost share agreement with the City of Greenland, Arkansas in an amount
not to exceed $954,000.00 for upsizing a portion of 12-inch sanitary sewer line to 18-inch, to approve a project
contingency in the amount of $100,000.00, and to approve a budget adjustment.
BACKGROUND:
The City of Greenland owns its sewer collection system, including a lift station and force main within their
corporate city limits. Due to past and anticipated growth, upsizing of these facilities is necessary, all at
Greenland's cost. This system connects to the City of Fayetteville's sewer system just north of Drake Field at
which point it is conveyed through gravity sewers, lift stations, and force mains on its way to the Noland Water
Resource Recovery Facility.
In anticipation of these upgrades, the City of Fayetteville also needs to upsize facilities to accommodate this
additional flow. These upgrades include approximately 1,860-feet of gravity sewer upsizing from 12" to 18"
diameter leading to sewer Lift Station #16 on Ernest Lancaster Road. This lift station is also being modified to
accommodate an additional pump. The downstream sewer force main is already adequate for these increased
flows.
DISCUSSION:
The City of Fayetteville and City of Greenland have cooperated to incorporate Fayetteville's scope of
improvements into the project bid package for the Greenland project. This is an advantage to Fayetteville in
that economies of scale should keep costs competitive. It also reduces the project management burden on City
of Fayetteville staff.
This cost share agreement consists of Fayetteville paying 100% of costs for upsizing Fayetteville's
infrastructure, and likewise Greenland paying 100% of costs for Greenland's infrastructure. The low bid cost of
the Fayetteville scope of work was $954,000.00.
BUDGET/STAFF IMPACT:
A budget adjustment is attached to move funds from the Wastewater Impact Fee Improvements account to the
Water/Sewer Impact Fee Cost Sharing account within the Water & Sewer fund.
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Page 48 of 286
ATTACHMENTS: SRF (#3), 2023-1540 BA Greenland sewer cost share, Greenland Cost Share Agreement
(#5)
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Page 49 of 286
== City of Fayetteville, Arkansas
Y 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
- Legislation Text
File #: 2023-1540
Cost Share Agreement with The City of Greenland for Upsizing a Portion of the Sewer Line
Coming from Greenland to the City of Fayetteville
A RESOLUTION TO APPROVE A COST SHARE AGREEMENT WITH THE CITY OF
GREENLAND IN AN AMOUNT NOT TO EXCEED $954,000.00 FOR UPSIZING A PORTION OF
12-INCH SANITARY SEWER LINE TO 18-INCH, TO APPROVE A PROJECT CONTINGENCY IN
THE AMOUNT OF $100,000.00, AND TO APPROVE A BUDGET ADJUSTMENT
WHEREAS, the City of Greenland owns its sewer collection system, including a lift station and force
main within its corporate city limits; and
WHEREAS, due to past and anticipated growth, upsizing of these facilities is necessary, all at
Greenland's cost; and
WHEREAS, the system connects to the City of Fayetteville's sewer system just north of Drake Field at
which point is conveyed through gravity sewers, lift stations, and force mains on its way to the Noland
Water Resource Recovery Facility; and
WHEREAS, in anticipation of these upgrades, the City of Fayetteville needs to upgrade our own
facilities to accommodate this additional flow; and
WHEREAS, the City of Fayetteville and the City of Greenland have cooperated to incorporate
Fayetteville's scope of improvements into the project bid package for the Greenland project; and
WHEREAS, the cost share agreement consists of Fayetteville paying 100% of costs for upgrades to
Fayetteville's infrastructure, and likewise Greenland paying 100% of costs for Greenland's
infrastructure.
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 cost share agreement with the City of Greenland with the City of Fayetteville's portion of the cost
not to exceed $954,000.00 and further approves a project contingency in the amount of $100,000.00.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget
adjustment, a copy of which is attached to this Resolution.
Page 1
Page 50 of 286
Tim Nyander
Submitted By
City of Fayetteville Staff Review Form
2023-1540
Item ID
1/2/2024
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
12/12/2023 WATER SEWER (720)
Submitted Date Division / Department
Action Recommendation:
Staff recommends the approval of a cost share agreement with the City of Greenland in an amount not to exceed
$954,000.00 for upsizing a portion of 12-inch sanitary sewer line to 18-inch, to approve a project contingency in the
amount of $100,000.00, and to approve a budget adjustment.
5400.720.5700-5815.00
Account Number
04039.2301
Project Number
Budgeted Item? Yes
Does item have a direct cost? Yes
Is a Budget Adjustment attached? Yes
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Budget Impact:
Water & Sewer
Fund
Water & Sewer Impact Fee Cost Sharing
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$ 1,261,190.00
$ 467,458.41
�93,731.59
$ 1,054,000.00
$ 1,054,000.00
793,731.59
Previous Ordinance or Resolution #
Approval Date:
V20221130
Page 51 of 286
City of Fayetteville, Arkansas - Budget Adjustment (Agenda)
Budget Year Division Adjustment Number
WATER SEWER (720)
/Org2
2024 (BY)
Requestor: Cheryl Partain
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
A budget adjustment is needed in the Water & Sewer Impact Fee Cost Sharing project for the City of Greenland cost share
project. The cost share project with the City of Greenland is for upsizing a portion of the City of Greenland's 12-inch
sanitary sewer line that connects to the City of Fayetteville's sewer system to an 18-inch sanitary sewer line. Budgeted
impact fee funds need to be transferred and utilized for this project.
COUNCIL DATE:
ITEM ID#:
1/2/2024
2023-1540
Holly Black
7217412023 77:25 ql;l
RESOLUTION/ORDINANCE
Budget Division Date
TYPE: D - (City Council)
JOURNAL#:
GLDATE:
CHKD/POSTED:
TOTAL
Account Number
1,208,000 1,208,000
Increase / (Decrease)
Expense Revenue
Project.Sub#
Project Sub.Detl AT
v.20231213
Account Name
5400.720.5700-5815.00
1,054,000
-
04039
2301 EX
Improvements - Sewer
5400.720.5700-6602.30
2300.730.9300-7602.40
-
1,054,000
1,054,000
-
04039
07004
2301 RE
4039.2301 EX
Transfer from Fund - Impact Fee
Transfers To Funds - Water & Sewer Fund
2300.730.9300-5815.00
2300.730.9300-4999.99
(900,000)
-
-
154,000
07004
2 EX
RE
Improvements - Sewer
Use Fund Balance - Current
Iof1
Page 52 of 286
CONTRACTUAL AGREEMENT FOR
COST SHARE OF SEWER MAIN INSTALLATION COSTS
This Agreement, made and entered into on this_. day of December 2023, by and between
the City of Fayetteville, Arkansas ("Fayetteville") and the City of Greenland, Arkansas ("Greenland"),
witnesseth:
WHEREAS, on Tuesday, June 6, 2023 Greenland opened sealed bids on the Lift Station and
Sewer System to Fayetteville Project; and
WHEREAS, OrrConstiuction, Inc. of Davenport, Oklahoma is the low bidder in the amount
of $7,799,100.00; and
WHEREAS, McClelland Consulting Engineers, Inc., representing Greenland as the
Engineer of Record on this sewer main project, has reviewed the bid and recommends awarding the
bid to Orr Construction, Inc. ui the amount of $7,799,100.00; and
WHEREAS, upsizing a 1,900 ft. segment of 12-inch sewer main to 18-inch will provide for
ample future capacity which Fayetteville recognizes will be necessary for the area that is served by
this sewer main, and is described in Fayetteville's 2014 Sewer Master Plan Update; and
WHEREAS, § 51.113 of the Fayetteville City Code provides that "the City shall pay the
excess material cost of facilities of a size larger than required to service subdivisions when such
excess size is specified and required by the water and wastewater director for the general benefit of
the sewerage system."
NOW, THEREFORE, the City of Fayetteville, Arkansas and the City of Greenland,
Arkansas agree as follows:
1. The City of Fayetteville, Arkansas agrees to:
A. Reimburse Greenland for the cost to upsize approximately 1,900 linear feet of 12-
inch sewer main to 18-inch sewer main in the area identified in Exhibit "A" up to a
maximum -not -to -exceed amount of $954,000.00, as was bid by Orr Construction,
Inc. and shown on Exhibit `B", attached.
B. Payments due to Greenland shall be remitted within sixty (60) days after receipt of
valid invoices and/or pay applications, verged by the Engineer of Record during
the progress of the project.
Page 53 of 286
2. The City of Greenland, Arkansas agrees to:
A. Provide the necessary and normal project management, inspection, and testing
as necessary for a complete and acceptable sewer main upsizing.
B. Provide a copy of the invoices and/or pay applications from the Contractor and
Greenland for Fayetteville approval of payments for the sewer main upsizing.
C. Pay the costs for the Lift Station and Sewer System to Fayetteville Project in
the amount of $7,799.100.00 (with reimbursement of $954,000.00 of the cost
by Fayetteville).
3. It is further understood that the contract for construction is between Greenland and
its contractor and that Fayetteville has no contractual obligation with either the
contractor or any agent for the contractor. Fayetteville's only obligation shall be to
participate in this cost share agreement with a not -to -exceed amount of $954,000.00
for the sewer main upsizing.
IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE
SIGN BELOW:
CITY OF GREENLAND,
ARKANSAS
By:
JIM RENFRO , Mayor
ATTEST:
By:
MISTY MCCARD,
Recorder/Treasurer
CITY OF FAYETTEVILLE,
ARKANSAS
LIONELD JORDAN, Mayor
ATTEST:
By:
KARA PAXTON, City Clerk
Page 54 of 286
EXHIBIT A
Page 55 of 286
mcECONSULT/NGD
mrimmmmm ENGINEERS, INC.
Signature:
Nicholas Batker, RE # 16753
Date:
DENOTES MATHEMATICAL ERROR
EXHIBIT B
Certified Bid Tabulation
City of Greenland
Lift Station and Sewer System to Fayetteville
Greenland, AR
NICE Project # 21-2120
Bid Opening Date/Time: June 6, 2023, 10:00 A.M.
SCHEDULE 1 - GREENLAND LIFT STATION
Orr Construction
Brothers Construction
Tri-Star Contractors
UNIT PRICE BID SCHEDULE
ITEM NO.
DESCRIPTION
UNIT
CITY
UNIT PRICE
TOTAL
UNIT PRICE
TOTAL
UNIT PRICE
TOTAL
1.01
Mobilization Max. 5 % total Schedule 1
LS
1
$65,000.00
$ 65,000.00
$125,000.00
$ 125,000.00
$130,250.00
$ 130,250.00
1.02
Bonds &Insurance
LS
1
$50,000.00
$ 50,000.00
$37,000.00
$ 37,000.00
$78,150.00
$ 78,150.00
1.03
Act 291,1993 Trench & Excavation Safety System
LS
1
$200,000.00
$ 200,000.00
$220,000.00
$ 220,000.00
$125,000.00
$ 125,000.00
1.04
Pre -Construction Video
LS
1
$5,000.00
$ 5,000.00
$10,000.00
$ 10,000.00
$10,000.00
$ 10,000.00
1.05
Traffic Control
LS
1
$5,000.00
$ 5,000.00
$16,000.00
$ 16,000.00
$20,000.00
$ 20,000.00
1.06
Environmental Compliance & Erosion & Sediment Control
LS
1
$25,000.00
$ 25,000.00
$29,000.00
$ 29,000.00
$35,000.00
$ 35,000.00
1.07
Site Work
LS
1
$265,000.00
$ 265,000.00
$290,000.00
$ 290,000.00
$200,000.00
$ 200,000.00
1.08
ISite Utilities
LS
1
$140,000.00
1 $ 140,000.00
$235,000.00
1 $ 235,000.00
$150,000.00
1 $ 150,000.00
1.09
Lift Station Structure
LS
1
$690,000.00
$ 690,000.00
$930,000.00
$ 930,000.00
$615,000.00
$ 615,000.00
1.1
Electrical Building
LS
1
$75,000.00
$ 75,000.00
$95,000.00
$ 95,000.00
$125,000.00
$ 125,000.00
1.11
Pumps, Controls, Electrical and VFD's
I LS
1
$1,475,000.00
$ 1,475,000.00
$1,415,000.00
$ 1,415,000.00
$1,300,000.00
$ 1,300,000.00
1.12
Piping, Valves, Accessories and Appurtenances
LS
1
$275,000.00
$ 275,000.00
$305,000.00
$ 365,000.00
$293,500.00
$ 293,500.00
SUBTOTAL SCHEDULE 1 - GREENLAND LIFT STATION
$ 3,270,000.00
$ 3,707,000.00
$ 3,081,900.00
SCHEDULE 2 - GREENLAND FORCE MAIN
Orr Construction
Brothers Construction
Tri-Star Contractors
UNIT PRICE BID SCHEDULE
ITEM NO.
DESCRIPTION
UNIT
QTY
UNIT PRICE
TOTAL
UNIT PRICE
TOTAL
UNIT PRICE
TOTAL
2.01
Mobilization (Max. 5 % Total Schedule 2)
LS
1
$70,000.00
$ 70,000.00
$73,000.00
$ 73,000.00
$89,939.29
$ 89,939.29
2.02
Bonds &Insurance
LS
1
$50,000.00
$ 50,000.00
$19,000.00
$ 19,000.00
$53,963.57
$ 53,963.57
2.03
Act 291, 1993 Trench & Excavation Safety System
LS
1
$30,000.00
$ 30,000.00
$23,500.00
$ 23,500.00
$50,000.00
$ 50,000.00
2.04
Pre -Construction Video
LS
1
$7,500.00
$ 7,500.00
$10,000.00
$ 10,000.00
$10,000.00
$ 10,000.00
2.05
Traffic Control
LS
1
$7,500.00
$ 7,500.00
$16,000.00
$ 16,000.00
$60,000.00
$ 60,000.00
2.06
Environmental Compliance & Erosion & Sediment Control
LS
1
$65,000.00
$ 65,000.00
$81,000.00
$ 81,000.00
$65,000.00
$ 65,000.00
2.07
10-inch PVC C900 DR-18 Force Main
LF
6,200
$95.00
$ 589,000.00
$127.00
$ 787,400.00
$95.00
$ 589,000.00
2.08
Ductile Iron Fittings
LB
2,500
$20.00
$ 50,000.00
$33.00
$ 82,500.00
$40.00
$ 100,000.00
2.09
Underground Combination Air Valve
EA
4
$24,000.00
$ 96,000.00
$36,500.00
$ 146,000.00
$33,337.19
$ 133,348.76
2.10
20-Inch Minimum Diameter Steel Casing by Open Cut
LF
40
$350.00
$ 14,000.00
$340.00
$ 13,600.00
$462.60
$ 18,504.00
2.11
20-Inch Minimum Diameter Steel Casing by Bore
LF
210
$1,100.00
$ 231,000.00
$1,275.00
$ 267,750.00
$1,500.00
$ 315,000.00
2.12
Fence Repair
EA
3
$2,000.00
$ 6,000.00
$1,375.00
$ 4,125.00
$1,500.00
$ 4,500.00
2.13
Vinyl Fence by Modem Fence
LS
1
$35,000.00
$ 35,000.00
$15,150.00
$ 15,150.00
$25,000.00
$ 25,000.00
2.14
10' Farm Gate
EA
2
$1,500.00
$ 3,000.00
$1,150.00
$ 2,300.00
$2,000.00
$ 4,000.00
2.15
River Pea Stone Drive Repair
LF
25
$125.00
$ 3,125.00
$33.00
$ 825.00
$250.00
$ 6,250.00
2.16
Gravel Drive Repair
LF
130
$50.00
$ 6,500.00
$10.00
$ 1,300.00
$80.00
$ 10,400.00
2.17
Asphalt Drive Repair
LF
30
$120.00
$ 3,600.00
$122.00
$ 3,660.00
$120.00
$ 3,600.00
2.18
Concrete Drive Repair
LF
90
$120.00
$ 10,800.00
$112.00
$ 10,080.00
$175.00
$ 15,750.00
2.19
Asphalt Pavement Repair
SY
300
$225.00
$ 67,500.00
$122.00
$ 36,600.00
$90.00
$ 27,000.00
2.20
Full Depth Class 7 Backfill
TON
1,390
$40.00
$ 55,600.00
$29.00
$ 40,310.00
$50.00
$ 69,500.00
2.21
Trench Dam
EA
6
$1,000.00
$ 6,000.00
$190.00
$ 1,140.00
$5,000.00
$ 30,000.00
2.22
Rock Excavation
CY
100
$250.00
$ 25,000.00
$300.00
$ 30,000.00
$220.00
$ 22,000.00
2.23
Flowable Fill, as Directed by the Engineer
CY
100
$250.00
$ 25,000.00
$270.00
$ 27,000.00
$250.00
$ 25,000.00
2.24
Trench and Bank Stabilization Material, as Directed by the Engineer
TON
150
$65.00
$ 9,750.00
$115.00
$ 17,250.00
$50.00
$ 7,500.00
2.25
Temporary Construction 6' Tall Chain Link Fence
LF
1,300
$20.00
$ 26,000.00
$20.00
$ 26,000.00
$13.41
$ 17,433.00
2.26
Relocate Existing Water Meter
I EA
5
$2,000.00
$ 10,000.00
$3,000.00
$ 15,000.00
$35,000.00
$ 175,000.00
2.27
10-inch Plug Valve
EA
1
$10,000.00
$ 10,000.00
$7,700.00
$ 7,700.00
$15,000.00
$ 15,000.00
SUBTOTAL SCHEDULE 2 - GREENLAND FORCE MAIN
$ 1,512,875.00
$ 1,758,190.00
$ 1,942,688.62
W:Q021121-2120- Greenland Wastewater System Rehabililation\Construction DocumenWCertifed Bid TaM21-2120 Cernfled Bid Tab Page 1 of 3 10/25/2023
Page 56 of 286
SCHEDULE 3 - GREENLAND GRAVITY MAIN
Orr Construction
Brothers Construction
Tri-Star Contractors
UNIT PRICE BID SCHEDULE
ITEM NO.
DESCRIPTION
UNIT
OTY
UNIT PRICE
TOTAL
UNIT PRICE
TOTAL
UNIT PRICE
TOTAL
3.01
Mobilization Max. 5% Total Schedule 3
LS
1
$70,000.00
$ 70,000.00
$73,000.00
$ 73,000.00
$121,286.66
$ 121,286.66
3.02
Bonds &Insurance
LS
1
$60,000.00
$ 60,000.00
$12,000.00
$ 12,000.00
$72,771.99
$ 72,771.99
3.03
Act 291,1993 Trench & Excavation Safety System
LS
1
$70,000.00
$ 70,000.00
$23,500.00
$ 23,500.00
$100,000.00
$ 100,000.00
3.04
Pre -Construction Video
LS
1
$7,500.00
$ 7,500.00
$10,000.00
$ 10,000.00
$10,000.00
$ 10,000.00
3.05
Traffic Control
LS
1
$10,000.00
$ 10,000.00
$16,000.00
$ 16,000.00
$62,500.00
$ 62,500.00
3.06
Environmental Compliance & Erosion & Sediment Control
LS
1
$65,000.00
$ 65,000.00
$90,000.00
$ 90,000.00
$7,000.00
$ 7,000.00
3.07
15-inch PVC SDR-26 Sewer Main
LF
3,400
$120.00
$ 408,000.00
$85.00
$ 289,000.00
$200.00
$ 680,000.00
3.08
12-Inch PVC SDR-26 Sewer Main
LF
160
$100.00
1 $ 16,000.00
$62.00
1 $ 9,920.00
$195.00
1 $ 31,200.00
3.09
Gravity Sewer Main Trenching & Backfill, 0'-10' Depth
LF
1,330
$35.00
$ 46,550.00
$65.00
$ 86,450.00
$50.00
$ 66,500.00
3.1
Gravity Sewer Main Trenching & Backfill, 10'-14' Depth
LF
1,900
$50.00
$ 95,000.00
$82.00
$ 155,800.00
$100.00
$ 190,000.00
3.11
Gravity Sewer Main Trenching & Backfill, 14'-18' Depth
LF
110
$150.00
$ 16,500.00
$109.00
$ 11,990.00
$150.00
$ 16,500.00
3.12
4' Diameter Manhole, Ulp to 6' Depth
EA
14
$6,500.00
$ 91,000.00
$5,800.00
$ 81,200.00
$6,500.00
$ 91,000.00
3.13
4' Diameter Drop Manhole, Up to 6' Depth
EA
3
$7,500.00
$ 22,500.00
$5,800.00
$ 17,400.00
$8,500.00
$ 25,500.00
3.14
4' Diameter Manhole, Extra Depth Over 6'
VF
70
$300.00
$ 21,000.00
$265.00
$ 18,550.00
$185.00
$ 12,950.00
3.15
4' Diameter Drop Manhole, Extra Depth Over 6'
VF
30
$300.00
$ 9,000.00
$265.00
$ 7,950.00
$250.00
$ 7,500.00
3.16
4' Diameter Manhole Epoxy Coating
VF
191
$525.00
$ 100,275.00
$485.00
$ 92,635.00
$650.00
1 $ 124,150.00
3.17
Standard Manhole Frame and Cover
EA
12
$600.00
1 $ 7,200.00
$608.00
1 $ 7,296.00
$987.50
$ 11,850.00
3.18
Watertight Frame and Gasketed Cover
EA
5
$1,150.00
$ 5,750.00
$915.00
$ 4,575.00
$1,372.40
$ 6,862.00
3.19
30-inch Minimum Diameter Steel Casing by Bore
LF
225
$1,800.00
$ 405,000.00
$2,125.00
$ 478,125.00
$1,800.00
$ 405,000.00
3.2
30-inch Minimum Diameter Steel Casing by Open Cut
LF
135
$620.00
$ 83,700.00
$735.00
$ 99,225.00
$734.60
$ 99,171.00
3.21
Remove Existing Manhole
EA
1
$3,000.00
$ 3,000.00
$3,450.00
$ 3,450.00
$5,500.00
$ 5,500.00
3.22
Abandon Existing Manhole
EA
14
$2,500.00
$ 35,000.00
$3,250.00
$ 45,500.00
$3,500.00
$ 49,000.00
3.23
Cut and Plug Existing Sanitary Sewer
EA
7
$2,500.00
$ 17,500.00
$3,200.00
$ 22,400.00
$4,500.00
$ 31,500.00
3.24
Split Steel Encasement
LF
1 10
$700.00
$ 7,000.00
$1,300.00
$ 13,000.00
$900.00
$ 9,000.00
3.25
Reconnect Existing Sewer Service
EA
12
$2,000.00
$ 24,000.00
$1,750.00
$ 21,000.00
$4,750.00
$ 57,000.00
3.26
4-Inch PVC Sanitary Sewer Service Pie
LF
200
$45.00
1 $ 9,000.00
$60.00
$ 12,000.00
$55.00
$ 11,000.00
3.27
6-Inch PVC Sanitary Sewer Service Pipe
LF
100
$65.00
$ 6,500.00
$55.00
$ 5,500.00
$65.00
$ 6,500.00
3.28
Post -Construction CCTV Inspection of Sewer Main
LF
3,540
$5.00
$ 17,700.00
$2.50
$ 8,850.00
$5.63
$ 19,930.20
3.29
Fence Repair
EA
2
$2,500.00
$ 5,000.00
$1,375.00
$ 2,750.00
$1,500.00
$ 3,000.00
3.3
Asphalt Drive Repair
LF
20
$120.00
$ 2,400.00
$122.00
$ 2,440.00
$120.00
$ 2,400.00
3.31
Concrete Curb and Gutter Repair
LF
60
$300.00
$ 18,000.00
$60.00
$ 3,600.00
$32.00
$ 1,920.00
3.32
Concrete Drive Repair
LF
20
$120.00
$ 2,400.00
$112.00
$ 2,240.00
$175.00
$ 3,500.00
3.33
lAsphalt Pavement Repair
I SY
370
$225.00
$ 83,250.00
$122.00
$ 45,140.00
$90.00
$ 33,300.00
3.34
Full Depth Class 7 Backfill
TON
1,550
$40.00
$ 62,000.00
$29.00
$ 44,950.00
$50.00
$ 77,500.00
3.35
Trench Dam
EA
3
$1,000.00
$ 3,000.00
$190.00
$ 570.00
$5,000.00
$ 15,000.00
3.36
Rock Excavation
CY
100
$250.00
$ 25,000.00
$300.00
$ 30,000.00
$220.00
$ 22,000.00
3.37
Flowable Fill, as Directed by the Engineer
CY
500
$250.00
$ 125,000.00
$270.00
$ 135,000.00
$250.00
$ 125,000.00
3.38
Bank Stabilization Material, as Directed b the Engineer
TON
100
$65.00
$ 6,500.00
$115.00
$ 11,500.06
$50.00
$ 5,000.00
SUBTOTAL SCHEDULE 3 - GREENLAND GRAVITY MAIN
$ 2,062,225.00
$ 1,994,506.00
$ 2,619,791.85
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Page 57 of 286
SCHEDULE 4 - FAYETTEVILLE SEWER UPSIZE
Orr Construction
Brothers Construction
Tri-Star Contractors
UNIT PRICE BID SCHEDULE
ITEM NO.
DESCRIPTION
UNIT
CITY
UNIT PRICE
TOTAL
UNIT PRICE
TOTAL
UNIT PRICE
TOTAL
4.01
Mobilization Max. 5 % Total Schedule 4
LS
1
$40,000.00
$ 40,000.00
$40,000.00
$ 40,000.00
$77,078.18
$ 77,078.18
4.02
Bonds &Insurance
LS
1
$50,000.00
$ 50,000.00
$7,500.00
$ 7,500.00
$46,246.91
$ 46,246.91
4.03
Act 291,1993 Trench & Excavation Safety System
LS
1
$50,000.00
$ 50,000.00
$53,000.00
$ 53,000.00
$100,000.00
$ 100,000.00
4.04
Pre -Construction Video
LS
1
$5,000.00
$ 5,000.00
$10,000.00
$ 10,000.00
$10,000.00
$ 10,000.00
4.05
Traffic Control
LS
1
$5,000.00
$ 5,000.00
$16,000.00
$ 16,000.00
$85,000.00
$ 85,000.00
4.06
Environmental Compliance & Erosion & Sediment Control
LS
1
$40,000.00
$ 40,000.00
$35,000.00
$ 35,000.00
$75,000.00
$ 75,000.00
4.07
18-Inch PVC PS-115 Sewer Main
LF
1,860
$140.00
$ 260,400.00
$108.00
$ 200,880.00
$300.00
$ 558,000.00
4.08
8-Inch PVC SDR-26 Sewer Main
LF
20
$100.00
1 $ 2,000.00
$43.00
$ 860.00
$85.00
1 $ 1,700.00
4.09
Gravity Sewer Main Trenching & Backfill, 0'-10' Depth
LF
240
$40.00
$ 9,600.00
$65.00
$ 15,600.00
$50.00
$ 12,000.00
4.10
Gravity Sewer Main Trenching & Backfill, 10'-14' Depth
LF
1,580
$50.00
$ 79,000.00
$82.00
$ 129,560.00
$100.00
$ 158,000.00
4.11
Gravity Sewer Main Trenching & Backfill, 14'-18' Depth
LF
100
$150.00
$ 15,000.00
$109.00
$ 10,900.00
$150.00
$ 15,000.00
4.12
5' Diameter Manhole, Up to 6' Depth
EA
6
$8,500.00
$ 51,000.00
$9,600.00
$ 57,600.00
$8,100.00
$ 48,600.00
4.13
5' Diameter Drop Manhole, Up to 6' Depth
EA
1
$9,000.00
$ 9,000.00
$9,600.00
$ 9,600.00
$10,000.00
$ 10,000.00
4.14
5' Diameter Flat Top Manhole with Vent, Up to 6' Depth
EA
2
$12,000.00
$ 24,000.00
$11,900.00
$ 23,800.00
$15,500.00
$ 31,000.00
4.15
5' Diameter Flat Top Drop Manhole with Vent, Up to 6' Depth
EA
1
$13,500.00
$ 13,500.00
$11,900.00
$ 11,900.00
$15,500.00
$ 15,500.00
4.16
5' Diameter Manhole, Extra Depth Over 6'
VF
36
$350.00
$ 12,600.00
$380.00
$ 13,680.00
$800.00
$ 28,800.00
4.17
5' Diameter Drop Manhole, Extra Depth Over 6'
VF
20
$400.00
1 $ 8,000.00
$380.00
$ 7,600.00
$800.00
$ 16,000.00
4.18
5' Diameter Manhole Epoxy Coating
VF
110
$650.00
$ 71,500.00
$600.00
$ 66,000.00
$750.00
$ 82,500.00
4.19
4' Diameter Manhole, Up to 6' Depth
EA
1
$6,500.00
$ 6,500.00
$5,800.00
$ 5,800.00
$6,500.00
$ 6,500.00
4.20
4' Diameter Manhole, Extra Depth Over 6'
VF
2
$300.00
$ 600.00
$265.00
$ 530.00
$185.00
$ 370.00
4.21
4' Diameter Manhole Epoxy Coating
VF
8
$525.00
$ 4,200.00
$485.00
$ 3,880.00
$650.00
$ 5,200.00
4.22
Watertight Frame and Gasketed Cover
EA
11
$1,150.00
$ 12,650.00
$915.00
$ 10,065.00
$1,372.40
$ 15,096.40
4.23
36-inch Minimum Diameter Steel Casing by Open Cut
LF
75
$650.00
$ 48,750.00
$1,190.00
$ 89,250.00
$1,174.51
$ 88,088.25
4.24
Remove Existing Manhole
EA
1
$2,500.00
$ 2,500.00
$3,450.00
$ 3,450.00
$5,500.00
$ 5,500.00
4.25
lAbandon Existing Manhole
EA
2
$2,500.00
$ 5,000.00
$3,250.00
$ 6,500.00
$3,500.00
$ 7,000.00
4.26
Cut and Plug Existing Sanitary Sewer
EA
6
$2,500.00
1 $ 15,000.00
$3,200.00
$ 19,200.00
$4,500.00
$ 27,000.00
4.27
Install lnserta Valve
EA
1
$25,000.00
$ 25,000.00
$50,000.00
$ 50,000.00
$35,555.56
$ 35,555.56
4.28
Post -Construction CCTV Inspection of Sewer Main
LF
1,910
$5.00
$ 9,550.00
$3.00
$ 5,730.00
$5.63
$ 10,753.30
4.29
Fence Repair
EA
1
$2,500.00
$ 2,500.00
$1,375.00
$ 1,375.00
$1,500.00
$ 1,500.00
4.3
Gravel Drive Repair
LF
40
$50.00
$ 2,000.00
$10.00
$ 400.00
$80.00
$ 3,200.00
4.31
Asphalt Pavement Repair
SY
30
$225.00
$ 6,750.00
$122.00
$ 3,660.00
$90.00
$ 2,700.00
4.32
Full Depth Class 7 Backfill
TON
1 210
$40.00
$ 8,400.00
$29.00
$ 6,090.00
$50.00
$ 10,500.00
4.33
Trench Dam
EA
3
$1,000.00
$ 3,000.00
$190.00
$ 570.00
$5,000.00
$ 15,000.00
4.34
1 Rock Excavation
CY
100
$250.00
$ 25,000.00
$300.00
$ 30,000.00
$220.00
$ 22,000.00
4.35
Flowable Fill, as Directed by the Engineer
CY
50
$250.00
$ 12,500.00
$270.00
$ 13,500.00
$250.00
$ 12,500.00
4.36
ITrench and Bank Stabilization Material, as Directed by the Engineer
TON
100
$65.00
$ 6,500.00
$170.00
$ 17,000.00
$50.00
$ 5,000.00
4.37
18-Inch DIP Sewer Main
LF
40
$300.00
$ 12,000.00
$290.00
$ 11,600.00
$400.00
$ 16,000.00
SUBTOTAL SCHEDULE 4 - FAYETTEVILLE SEWER UPSIZE
$ 954,000.00
$ 988,080.00
$ 1,659,888.60
TOTAL AMOUNT BID (SCHEDULES 1 + 2 + 3 + 4) $ 7,799,100.00 $ 8,447,776.00 $ 9,304,269.07
W:Q021121-2120- Greenland Wastewater System Rehabilitation\Construction Documente\Certifed Bid TaM21-2120 CertlOed Bid Tab Page 3 of 3 10/25/2023
Page 58 of 286
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF DECEMBER 28, 2023
CITY COUNCIL MEMO
2023-1543
TO:
Mayor Jordan and City Council
THRU:
Susan Norton, Chief of Staff
FROM:
Tim Nyander, Utilities Director
DATE:
December 14, 2023
SUBJECT:
Amendment No. 2 to the Engineering Services Agreement with Hawkins -Weir
Engineers, Inc. for Utility Relocations Required by ArDOT Project 040846 (1-49 & Hwy
62 Interchange Improvements)
RECOMMENDATION:
Staff recommends approval of Amendment No. 2 to the engineering services agreement with Hawkins -Weir
Engineers, Inc. for professional services associated with ArDOT Project 040846 Utility Relocations along
Martin Luther King Jr. Blvd. at the 1-49 & Hwy-62 Interchange in an amount not to exceed $294,800.00.
BACKGROUND:
ArDOT previously notified the City of Fayetteville to relocate water and sewer infrastructure along Highway 62
where they will be widening the roadway, reconstructing the 1-49 overpass, and creating a new overpass at
15th Street. After receiving this notification, a formal selection committee was held on September 8, 2022 at
which Hawkins -Weir was selected for contract negotiations (RFQ 21-01, Selection #14).
Previously, Amendment No. 1 was approved (Res. 125-23) to advance the design from 30% to 100% bid -
ready plans and specifications for just the relocations necessary near the 15th Street improvements.
DISCUSSION:
Amendment No. 2 will increase the scope of engineering services to include construction observation, field
accounting, construction engineering support, material submittal reviews, as -built drawing preparation, and all
services necessary to manage the project throughout construction. Future contract amendments will be
proposed for final engineering effort on the remainder of the project, and for construction phase services when
those future portions of the project advance through bidding.
BUDGET/STAFF IMPACT:
The proposed contract is hourly in the maximum not -to -exceed amount of $294,800.00. Budgeted funds are
available in the Water & Sewer Relocations account within the Water & Sewer fund.
ATTACHMENTS: SRF Hawkins -Weir Amendment No. 2, Amendment No. 2
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Page 59 of 286
== City of Fayetteville, Arkansas
y 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
- Legislation Text
File #: 2023-1543
Amendment No. 2 to the Engineering Services Agreement with Hawkins -Weir Engineers, Inc. for
Utility Relocations Required by ArDOT Project 040846 (I-49 & Hwy 62 Interchange
Improvements)
A RESOLUTION TO APPROVE AMENDMENT NO. 2 TO THE PROFESSIONAL ENGINEERING
SERVICES AGREEMENT WITH HAWKINS-WEIR ENGINEERS, INC. IN AN AMOUNT NOT TO
EXCEED $294,800.00 FOR PROFESSIONAL SERVICES ASSOCIATED WITH UTILITY
RELOCATIONS ALONG MARTIN LUTHER KING JR. BLVD. AT THE I-49/HWY-62
INTERCHANGE
WHEREAS, on February 7, 2023, the City Council passed Resolution No. 30-23 approving a
Professional Engineering Services Agreement with Hawkins -Weir Engineers, Inc. for engineering
services associated with the utility relocations at the I-49 and Martin Luther King, Jr. Boulevard
Interchange Project; and
WHEREAS, on June 6, 2023, the City Council passed Resolution No. 125-23 approving Amendment
No. 1 to the contract with Hawkins -Weir Engineers, Inc. to advance the design from 30% to 100% bid -
ready plans and specifications for just the relocations necessary near the 15th Street improvements; and
WHEREAS, Amendment No. 2 will increase the scope of engineering services to include construction
observation, field accounting, construction engineering support, material submittal reviews, as -built
drawing preparation, and all services necessary to manage the project throughout construction.
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 Amendment No. 2 to the Professional Engineering Services Agreement with Hawkins -Weir
Engineers, Inc. in an amount not to exceed $294,800.00 for professional services associated with utility
relocations along Martin Luther King Jr. Blvd. at the I-49/HWY-62 Interchange, as shown in the scope
of services attached to Amendment No. 2.
Page 1
Page 60 of 286
Tim Nyander
Submitted By
City of Fayetteville Staff Review Form
2023-1543
Item ID
1/2/2024
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
12/13/2023 WATER SEWER (720)
Submitted Date Division / Department
Action Recommendation:
Staff recommends approval of Amendment No. 2 to the engineering services agreement with Hawkins -Weir
Engineers, Inc. for professional services associated with ArDOT Project 040846 Utility Relocations along Martin
Luther King Jr. Blvd. at the 1-49 & Hwy-62 Interchange in an amount not to exceed $294,800.00.
Budget Impact:
5400.720.5600-5314.00 5400.720.5700-
5314.00
Account Number
11011.2301
Project Number
Budgeted Item? Yes
Does item have a direct cost? Yes
Is a Budget Adjustment attached? No
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Water and Sewer
Fund
Water & Sewer Relocations
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$ 5,903,062.00
$ 2,527,931.87
3,375,130.13
$ 294,800.00
3,080,330.13
Previous Ordinance or Resolution #
Approval Date:
V20221130
Page 61 of 286
RAWKI N S AWE I R
E N G I N E E R S, I N C.
Engineering Client Success
November 9, 2023
Mr. Corey Granderson, P.E.
Utilities Engineer
City of Fayetteville
113 West Mountain Street
Fayetteville, Arkansas 72701
Re: Utility Relocations 1-49/15th Street Interchange — Task 3
Agreement for Engineering Services — Amendment No. 2
HWEI Project No. 2022129
Dear Mr. Granderson:
We respectfully request an Amendment to our Agreement for Professional Services, dated
February 7, 2023 (Agreement), for the referenced project. The purpose of this Amendment is to
add the construction engineering scope and fee for the preparation of Task 3 — Construction
Engineering Agreement for the Construction Phase of the 1-49/15th Street Interchange.
The Arkansas Department of Transportation (ARDOT) has recently directed that the utility
relocations associated with the proposed 1-49/15th Street Interchange be broken out from the main
I-49/Martin Luther King (MLK) project into a separate project. Per our original Agreement for
Engineering Services, Task 1 defined preliminary engineering services associated with route
selections for utility relocations and preparation of an opinion of probable construction costs for
both the MLK and West 15th Street utility relocations. The Task 1 breakout for the 1-49/15th Street
Interchange is now complete, while Task 1 for the 1-49/MLK Interchange is still ongoing. Task 2
defined the final design associated with the 15th Street utility relocations, and it is now complete.
We propose an increase of $294,800.00 to our contractual not to exceed (NTE) fee at our
current Standard Hourly Rate Schedule. If this Amendment is approved, our NTE fee will increase
from $544,550.00 (for Tasks 1 and 2) to $839,350.00 (for Tasks 1, 2, and 3), which will cover the
Construction Phase for the 1-49/15th Street relocations. ARDOT has stated that the proposed
utility relocations for the 1-49/15th Street Interchange are 100% reimbursable, and this has been
confirmed during the final design phase.
For your review and consideration, we have prepared the attached Amendment No. 2, the
scope of services, and fee proposal.
110 So. 7th Street • P.O. Box 648 • Van Buren, AR 72957 • Ph: (479) 474-1227 • Fax: (479) 474-8531
211 Natural Resources Drive • Little Rock, AR 72205 • Ph: (501) 374-4846
516 East Millsap Road • Suite 103 • Fayetteville, AR 72703 Ph: (479) 455-2206
403 Garrison Avenue • Suite 101 • Fort Smith, AR 72901 • Ph: (479) 242-4685
2022129\CG110923BM mumhawkins-weir.coin Page 62 of 286
Mr. Corey Granderson, P.E.
Page 2
November 9, 2023
We trust that this is satisfactory for your review. If you have any questions, or require
additional information, please do not hesitate to contact me.
Sincerely,
HAWKINS-WEIR ENGINEERS, INC.
B Cormick, P.E.
BKM/mcw
Enclosures: Amendment No. 2
Exhibit A — Scope of Services
Exhibit B — Scope of Services and Fee Proposal
Exhibit C — Standard Hourly Billing Rate Structure, effective August 13, 2023
cc: Ms. Becky Horne, Business Manager, Hawkins -Weir Engineers, Inc.
2022129\CG110923BM mow. hazukins-weir.com
Page 63 of 286
AMENDMENT NO.2
TO THE
AGREEMENT For PROFESSIONAL ENGINEERING SERVICES
BETWEEN
CITY OF FAYETTEVILLE, ARKANSAS
AND
HAWKINS-WEIR ENGINEERS, INC.
In accordance with the AGREEMENT For PROFESSIONAL ENGINEERING SERVICES for the Utility
Relocation for I-49/MLK Interchange (HW Project No. 2022129), dated February 7, 2023, between the
City of Fayetteville, Arkansas (hereinafter called Owner) and Hawkins -Weir Engineers, Inc. (hereinafter
called Engineer), Owner hereby authorizes Engineer to proceed with engineering services as modified by
this Amendment No. 2.
SECTION 1— SCOPE OF SERVICES
1.1 Amendment No. 2 is for Task 3 - Construction Engineering Agreement associated with the
Construction Phase of the Utility Relocation for the I-49/15' Street Interchange project. Additional services
are detailed in the Engineer's attached Scope of Services dated November 9, 2023.
SECTION 2 — TIME OF SERVICE
2.1 Engineer will proceed with providing the services set forth herein immediately upon execution of
this Authorization by all parties.
SECTION 3 — COMPENSATION
3.1 Owner shall compensate Engineer for providing the services set forth herein in accordance with the
terms of the Agreement. Total payment for Scope of Services described herein shall not exceed
($294,800.00) without written approval of Owner. These additional services adjust the Agreement's not to
exceed fee to $839,350.00, and the adjustment includes $1,500.00 for Reproduction and Printing. The total
not to exceed reimbursable expenses is adjusted to Fifty Four Thousand and 00/100 Dollars ($54,000.00).
2022129 Amendment 2- 15th Street.docx Pagel of 2 November 9, 2023
Page 64 of 286
Attachments: Exhibit A — Scope of Services dated, November 9, 2023
Exhibit B — Scope of Services and Fee Proposal, dated November 9, 2023
Exhibit C — Standard Hourly Billing Rate Structure, effective August 13, 2023
ACCEPTED BY:
HAWKINS-WEIR ENGINEERS, INC.
By:
BAcCormick, P.E.
Corporate Secretary
Date:
11 1 q /Zo23
AUTHORIZATION BY:
CITY OF FAYETTEVILLE, ARKANSAS
Honorable Lioneld Jordan, Mayor
Date:
2022129 Amendment 2- 15th Street.docx Page 2 of 2 November 9, 2023
Page 65 of 286
Exhibit A — Construction Engineering Agreement F
Scope of Services�
PM Utility Relocations for 1-49/15th Street Interchange
Amendment 2 — Task 3 CITY OF
FAYETTEVILLE
Fayetteville, Arkansas ARKANSAS
HW Project No. 2022129
November 9, 2023
Further Description of Basic Engineering Services and Related Matters:
Scope
The Utility Relocations for the 1-49/15th Street Interchange project include the relocation of
publicly owned utilities to precede the roadway improvements to West 15th Street at the
proposed crossing of Interstate 49 (1-49) by the Arkansas Department of Transportation
(ARDOT). The ARDOT project includes the extension of West 15th Street for an overpass of
1-49 with two (2) traffic circles, entrance and exit ramps, and box culvert structures under
West 15th Street and South Futrall Drive. The utility relocation project will consist of an
estimated 2,122 linear feet of 18-inch water main, 216 linear feet of 12-inch sanitary sewer,
15 linear feet of 24-inch sanitary sewer, and 399 linear feet of 30-inch sanitary sewer.
TASK 3 — Construction Engineering Services — Construction Phase
1. Conduct a Pre -Construction Conference with the Owner, Contractor, and ARDOT
2. Provide full-time construction observation during utility relocation
3. Provide Construction Engineering Administration
4. Conduct up to four (4) Periodic Progress Meetings
5. Prepare, review, and coordinate the dissemination of construction documentation
including material submittals, requests for information, field change orders, and
change orders as directed by the Owner
6. Review the Contractor's construction quantities and prepare monthly pay requests for
the Owner's consideration and approval
7. Conduct as -built surveys of the completed improvements
8. Coordinate and conduct a final inspection with the Contractor and Owner, and prepare
a punch list of deficient construction items for the Contractor to address
9. Prepare Record Drawings of the completed project and provide one (1) full-size
reproducible hard copy, and one (1) electronic copy for the Owner's archives
10. Assist the Owner in preparing project closeout documentation to ARDOT
Note: Engineer will prepare and distribute minutes of all meetings.
Advertising and Bidding Phase Services are included under Amendment 1 to the contract.
2022129Wmendment No. 2 Scope of Services Page 1 of 1
Page 66 of 286
Exhibit B
1 Scope of Services Fee Proposal
Utility Relocations for 1-49/15th Street Interchange
Amendment 2 - Task 3
Fayetteville, Arkansas
HW Project No. 2022129
November 9, 2023
PHASE 3 (TASK 3): Construction Engineering Services - Construction Phase
I
_
CITY OF
FAYETTEVILLE
ARKANSAS
Utility Relocations for 1-49/15th Street Interchange
Task 3
Billing Rate Effective thru 08/12/2023
Enqr
VIII
$240
Enqr
V
$175
Enqr
III
$130
GPS
Survey
$175
Surveyor
$125
Technician
IV
$100
Technician
I
$65
Inspector
I
$75
Total
Hours
Total
Cost
1. Conduct a Pre -Construction Conference with the Owner, Contractor, and ARDOT
4
8
4
4
20
$3,180
2 Provide full-time construction observation during utility relocation (1)
160
1800
1960
$155,800
3. Construction Engineering Administration
60
120
80
260
$45,800
4. Conduct up to four (4) Periodic Progress Meetings
8
8
8
24
$4,360
5. Prepare, review, and coordinate the dissemination of construction documentation including
material submittals, requests for information, field change orders, and change orders as directed
by the Owner
20
80
80
180
$29,200
6. Review the Contractor's construction quantities and prepare monthly pay requests for the
Owner's consideration and approval
20
80
104
40
244
$34,920
7. Conduct as -built surveys of the completed improvements
24
8
32
$5,200
8. Coordinate and conduct a final inspection with the Contractor and Owner, and prepare a punch
list of deficient construction items for the Contractor to address
8
20
28
$4,000
9. Prepare Record Drawings of the completed project and provide one (1) full-size reproducible
hard copy, and one (1) electronic copy for the Owner's archives
8
8
16
24
8
64
$8,400
10. Assist the Owner in preparing project closout documentation to ARDOT
8
8
16
$2,440
Total Hours
Total Cost - Task 3 Construction Engineering Services - Construction Phasel
120
320
480
24
8
24
40
1812
2688
$28,800
1 $56,000
$62,400
$4,200
$1,000
$2,400
1 $2,600
1 $135,9001
1 $293,300
(1) Based on a 300-calendar day Contract Time (270-calendar days until Substantial Completion, and 30-calendar days until Final Completion thereafter). Full-time construction observation is based on 8-hours per day
(Monday through Friday) unitl the originally scheduled Substantial Completion date, and periodic inspection (24 hours a week) until the originally schedule Final Completion date therafter.
11. Reimbursable Expenses
Item Description Total
a. Outside Services Reproduction and Printing (estimated) $1,500
Total Estimated Reimbursable Expenses 1 $1,500
ENGINEERING SERVICES SUMMARY Utility Relocations for 1-49/15th Street Interchan e
PHASE 3 (TASK 3): Construction Engineering Services -Construction Phase $293,300
Reimbursable Expenses $1,500
Total Engineering Fee - Not to Exceed
2022129/Scope and Fees Page 1 of 1
Page 67 of 286
Exhibit C
Engineer
Standard Billing Rate Structure
For Hourly Fee Based Contracts
Hawkins -Weir Engineers, Inc.
Effective August 13, 2023 through August 10, 2024"'
Engineer VIII
$
240
Per
Hour
Engineer VII
$
220
Per
Hour
Engineer VI
$
200
Per
Hour
Engineer V
$
175
Per
Hour
Engineer IV
$
150
Per
Hour
Engineer III
$
130
Per
Hour
Engineer II
$
115
Per
Hour
Engineer I
$
100
Per
Hour
Engineering Technician
Designer II
$
120
Per Hour
Designer I
$
110
Per Hour
Technician IV
$
100
Per Hour
Technician III
$
85
Per Hour
Technician II
$
75
Per Hour
Technician I
$
65
Per Hour
Field Technician - Field Inspector
Resident Project Representative (RPR)
$
120
Per Hour
Construction Manager
$
100
Per Hour
Inspector II
$
85
Per Hour
Inspector I
$
75
Per Hour
Field Surveying
GPS Survey
Surveyor
Administrative
Business Manager
Expert Witness
Preparation
Testimony, less than 1/2 day
Testimony, per Day
$ 175 Per Hour
$ 125 Per Hour
$ 85 Per Hour
At Engineer's Hourly Rate
$ 2,000
$ 4,000
Expenses Reimbursable Expenses and upcharges are determined by the Client Agreement/Contract
Subconsultants/Outside Services
Express Delivery, Field Supplies, Testing, Review/Filing Fees and Advertising
Travel: Hotel and meals
Actual Cost
Vehicle(2)
$0.655 per mile effective l/l/23
Reproduction: Outside printing service
Actual Cost
In-house printing
Letter Copy - B&W
$ 0.12
Per Copy
Letter Copy - Color
$ 0.75
Per Copy
22 x 34 Size Copy - B&W
$ 3.00
Per Copy
22 x 34 Size Copy - Color
$12.00
Per Copy
22 x 34 Size Copy - Color Photo
$ 25.00
Per Copy
11 x 17 Size Copy - B&W
$ 1.50
Per Copy
11 x 17 Size Copy - Color
$ 5.00
Per Copy
CD Copy
$ 5.00
Per Copy
Binding
$ 1.00
Each
Billing Rates are reviewed and adjusted annually in August. Regardless, any adjustment
in Billing Rates will not impact previously negotiated Not To Exceed (NTE) fee amounts without a
formal Contract Amendment.
(2) To be adjusted periodically to current IRS mileage rate.
All Billings are due upon receipt unless prior arrangements for payment have been made.
Page 68 of 286
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF DECEMBER 28, 2023
TO: Mayor Jordan and City Council
CITY COUNCIL MEMO
2023-1544
THRU: Susan Norton, Chief of Staff
FROM: Tim Nyander, Utilities Director
DATE: December 15, 2023
SUBJECT: Bid #23-44, Brothers Construction, Inc. — Construction Contract for MILK & 1-49
Interchange 15th Street Utility Relocations (ARDOT Project 040846)
RECOMMENDATION:
Staff recommends awarding Bid #23-44 and approving a construction contract with Brothers Construction, Inc.
in the amount of $3,963,291.00 for construction of water and sewer utility relocations associated with the 1-49 &
MILK Interchange 15th Street Utility Relocations (ARDOT Project 040846), approval of a project contingency in
the amount of $250,000.00, and approval of a budget adjustment recognizing revenue from ARDOT in the
amount of $4,903,162.00.
BACKGROUND:
On November 7, 2023 the City of Fayetteville accepted sealed competitive bids for the MILK 1-49 Interchange
15th Street Area Utility Relocations (ARDOT Project 040846) project. Brothers Construction, Inc. submitted the
lowest bid. All bids are listed here:
TriStar Contractors
Privcon Developments, Inc.
Brothers Construction, Inc.
KAJACS Contractors, Inc.
Timco Blasting & Coatings, Inc.
DISCUSSION:
$7,924,990.86
$2,837,625.49 (bid withdrawn by contractor)
$3,963,291.00
$4,000,000.00
$6,418,600.00
The Arkansas Department of Transportation has requested utility relocations to prepare for the extension and
overpass of 15th Street at Interstate-49 just south of the Martin Luther King Jr. Blvd. Interchange. The scope
consists of 2,042-feet of 18-inch diameter water line, 399-feet of 30-inch diameter sewer line, and
approximately 300-feet of sewer lines ranging from 12-inch to 24-inch diameters.
The relocations are 100% reimbursable to the City of Fayetteville by ARDOT.
BUDGET/STAFF IMPACT:
Funds are available for this project in the Water & Sewer Relocations account within the Water & Sewer fund.
ATTACHMENTS: SRF Brothers Construction, Inc., 2023-1544 BA Brothers Construction, Inc., Agreement, Bid
23-44, Bid Tab - Final, Bid 23-44, Submittal - Brothers Construction Inc, Hawkins -Weir Recommendation,
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Page 69 of 286
ARDOT Utility Relocation Agreement Change Orders
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Page 70 of 286
== City of Fayetteville, Arkansas
y 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
- Legislation Text
File #: 2023-1544
Bid #23-44, Brothers Construction, Inc. — Construction Contract for MLK & I-49 Interchange
15th Street Utility Relocations (ARDOT Project 040846)
A RESOLUTION TO AWARD BID #23-44 AND AUTHORIZE A CONTRACT WITH BROTHERS
CONSTRUCTION, INC. IN THE AMOUNT OF $3,963,291.00 FOR CONSTRUCTION OF UTILITY
RELOCATIONS ASSOCIATED WITH THE INTERSTATE 49 & MARTIN LUTHER KING, JR.
BOULEVARD INTERCHANGE PROJECT, TO APPROVE A PROJECT CONTINGENCY IN THE
AMOUNT OF $250,000.00, AND TO APPROVE A BUDGET ADJUSTMENT
WHEREAS, ARDOT has requested utility relocations to prepare for the 15th Street extension and
overpass at Interstate-49, which is part of the ARDOT Highway 62 (Interstate 49 and Martin Luther
King, Jr. Boulevard) Interchange Project; and
WHEREAS, 100% of the cost of the utility relocations will be reimbursed by ARDOT.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #23-44 and
authorizes Mayor Jordan to sign a contract with Brothers Construction, Inc. the amount of
$3,963,291.00 for construction of water and sewer utility relocations near 15th Street associated with the
Interstate 49 & Martin Luther King, Jr. Boulevard Interchange Project, and further approves a project
contingency in the amount of $250,000.00.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget
adjustment, a copy of which is attached to this Resolution, recognizing revenue from ARDOT in the
amount of $4,903,162.00.
Page 1
Page 71 of 286
Tim Nyander
Submitted By
City of Fayetteville Staff Review Form
2023-1544
Item ID
1/2/2024
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
12/13/2023 WATER SEWER (720)
Submitted Date Division / Department
Action Recommendation:
Staff recommends awarding Bid #23-44 and approving a construction contract with Brothers Construction, Inc. in
the amount of $3,963,291.00 for construction of water and sewer utility relocations associated with the 1-49 & MLK
Interchange 15th Street Utility Relocations (ARDOT Project 040846), approval of a project contingency in the
amount of $250,000.00, and approval of a budget adjustment recognizing revenue from ARDOT in the amount of
$4,903,162.00.
Budget Impact:
5400.720.5600-5808.00 / 5400.720.5700-
5815.00
Account Number
11011.2301
Project Number
Budgeted Item? Yes
Does item have a direct cost? Yes
Is a Budget Adjustment attached? Yes
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Water and Sewer
Fund
Water & Sewer Relocations
Project Title
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
$ 5,903,062.00
$ 2,822,731.87
3,080,330.13
$ 4,213,291.00
$ 4,903,162.00
3,770,201.13
Previous Ordinance or Resolution #
Approval Date:
V20221130
Page 72 of 286
City of Fayetteville, Arkansas - Budget Adjustment (Agenda)
Budget Year Division Adjustment Number
WATER SEWER (720)
/Org2
2024 (BY)
Requestor: Cheryl Partain
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
A budget adjustment is needed in the Water & Sewer Relocation Project for the 1-49 & MILK Interchange Utility Relocations
Project - ARDOT Project #040846. Project scope consists of 2,042 ft of 18-inch diameter water line, 399 ft of 30 inch
diameter sewer line, and approximately 300 ft of sewer lines ranging from 12 inch to 24 inch diameter. The relocations are
100% reimbursable to the City by ARDOT. Approximately $4,903,162.00 will be reimbursed by ARDOT for the construction
and engineering services costs.
COUNCIL DATE:
ITEM ID#:
1/2/2024
2023-1544
Holly Black
7217512023 &.73 RIn
RESOLUTION/ORDINANCE
Budget Division Date
TYPE: D - (City Council)
JOURNAL#:
GLDATE:
CHKD/POSTED:
TOTAL
Account Number
4,903,162 4,903,162
Increase / (Decrease)
Expense Revenue
Project.Sub#
Project Sub.Detl AT
v.20231213
Account Name
5400.720.5600-5808.00
3,677,372
-
11011
2301 EX
Improvements - Water Line
5400.720.5700-5815.00
5400.720.5600-4309.00
1,225,790
-
-
3,677,372
11011
11011
2301 EX
2301 RE
Improvements - Sewer
Federal Grants - Capital
5400.720.5700-4309.00
-
1,225,790
11011
2301 RE
Federal Grants - Capital
Iof1
Page 73 of 286
City of Fayetteville, Arkansas
Utility Relocations for I-49/15" Street Interchange
ARDOT Job 040846 (Utilities)
Hawkins -Weir Engineers, Inc.
HWEI Project No. 2022129
SECTION 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR
Contract Name/Title: Utility Relocations for I-49/15" Street Interchange
Contract No.: 23-44, Construction
THIS AGREEMENT is dated as of the day of in the year 20_ by and
between The City of Fayetteville, Arkansas and Brothers Construction, Inc. (hereinafter called
Contractor).
ARTICLE 1 - WORK
1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The
work under this Agreement includes, but is not limited to:
A. Relocation of water and sanitary sewer utilities along 1-49 and 15" Street.
1.02 The Contractor agrees to perform the work described in the Contract Documents and comply
with the terms therein for the amounts shown in the Bid Proposal. Refer to SECTION 00400
— BID FORM for quantities.
1.03 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.
1.04 Contractor is responsible for obtaining all applicable permits. The fees for City of
Fayetteville (only) issued permits shall be waived.
1.05 The Contract may include work in City of Fayetteville right-of-way, ARDOT (State) right-of-
way, railroad right-of-way, and in General or Utility Easements.
ARTICLE 2 - ENGINEER
2.01 The Contract Documents have been prepared by Hawkins -Weir Engineers, Inc. Hawkins -
Weir Engineers, Inc. assumes all duties and responsibilities, and has the rights and authority
assigned to Engineer in connection with completion of the Work in accordance with the
Contract Documents.
00500 Agreement
00500-1
October 2023
Page 74 of 286
City of Fayetteville, Arkansas
Utility Relocations for I-49/151' Street Interchange
ARDOT Job 040846 (Utilities)
Hawkins -Weir Engineers, Inc.
HWEI Project No. 2022129
SECTION 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR (continued)
2.02 The City of Fayetteville assumes all duties and responsibilities, and has the rights and
authority assigned to The City of Fayetteville as Owner in connection with completion of the
Work in accordance with the Contract Documents.
ARTICLE 3 - CONTRACT TIME
3.01 TIME OF THE ESSENCE:
A. All time limits for milestone, if any, Substantial Completion and completion and
readiness for final payment as stated in the Contract Documents are of the essence of
the Contract.
3.02 DATES FOR COMPLETION AND FINAL PAYMENT:
A. The Work shall be substantially completed within 270 calendar days after the date
when the Contract Times commence to run as provided in the GENERAL
CONDITIONS, and final completion and ready for final payment within 30 calendar
days after the date when the Contract Times commence to run as provided in the
GENERAL CONDITIONS.
3.03 LIQUIDATED DAMAGES:
A. Owner and Contractor recognize that time is of the essence of this Agreement and
that The City of Fayetteville will suffer financial loss if the Work is not completed
within the time specified above, plus any extensions thereof allowed in accordance
with the GENERAL CONDITIONS. The parties also recognize the delays, expense,
and difficulties involved in proving the actual loss suffered by The City of
Fayetteville if the Work is not Substantially Completed on time. Accordingly,
instead of requiring any such proof, The City of Fayetteville and Contractor agree
that as liquidated damages for delay (but not as a penalty) Contractor shall pay The
City of Fayetteville seven hundred Fifty dollars ($750.00) for each calendar day that
expires after the time specified above in Paragraph 3.02 for Substantial Completion
until the Work is Substantially Complete. After Substantial Completion, if
Contractor shall neglect, refuse, or fail to complete the remaining Work within the
time specified in Paragraph 3.02 for completion and readiness for final payment or
00500 Agreement 00500-2 October 2023
Page 75 of 286
City of Fayetteville, Arkansas
Utility Relocations for I-49/15`h Street Interchange
ARDOT Job 040846 (Utilities)
Hawkins -Weir Engineers, Inc.
HWEI Project No. 2022129
SECTION 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR (continued)
any proper extension thereof granted by The City of Fayetteville, Contractor shall
pay The City of Fayetteville seven hundred fifty dollars ($750.00) for each calendar
day that expires after the time specified for completion and readiness for final
payment.
ARTICLE 4 - CONTRACT PRICE
4.01 The CITY OF FAYETTEVILLE agrees to pay, and the CONTRACTOR agrees to accept, as
full and final compensation for all work done under this agreement, the amount based on the
unit prices bid in the Proposal (BID FORM) which is hereto attached, for the actual amount
accomplished under each pay item, said payments to be made in lawful money of the United
States at the time and in the manner set forth in the Specifications.
4.02 As provided in the Contract estimated quantities are not guaranteed, and determinations of
actual quantities and classifications are to be made by ENGINEER as provided in the General
Conditions. Unit prices have been computed as provided in the Contract Documents.
4.03 Changes, modifications, or amendments in scope, price or fees to this contract shall not be
allowed without a prior formal contract amendment approved by the City of Fayetteville in
advance of the change in scope, cost or fees.
A. Further, there shall be no changes to the scope and/or contract documents without
prior written approval of the Engineer of Record and the City's designated
Professional Engineer.
ARTICLE 5 - PAYMENT PROCEDURES
5.01 SUBMITTAL AND PROCESSING OF PAYMENTS:
A. Contractor shall submit Applications for Payment in accordance with the GENERAL
CONDITIONS. Applications for Payment will be processed by Engineer as provided
in the GENERAL CONDITIONS.
00500 Agreement
00500-3
October 2023
Page 76 of 286
City of Fayetteville, Arkansas
Utility Relocations for I-49/15" Street Interchange
ARDOT Job 040846 (Utilities)
Hawkins -Weir Engineers, Inc.
HWEI Project No.2022129
SECTION 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR (continued)
5.02 PROGRESS PAYMENTS. RETAINAGE:
A. The City of Fayetteville shall make progress payments on account of the Contract
Price on the basis of Contractor's Applications for Payment as recommended by
Engineer, on or about the 15`h day of each month during construction. All such
payments will be measured by the schedule of values established in the GENERAL
CONDITIONS (and in the case of Unit Price Work based on the number of units
completed) or, in the event there is no schedule of values, as provided in the General
Requirements.
00500 Agreement
I. Prior to Substantial Completion, progress payments will be made in an
amount equal to the percentage indicated below, but, in each case, less the
aggregate of payments previously made and less such amounts as Engineer
shall determine, or The City of Fayetteville may withhold, in accordance
with the GENERAL CONDITIONS.
a. 95% of Work Completed (with the balance being retainage). If Work
has been 50% completed as determined by Engineer, and if the character
and progress of the Work have been satisfactory to The City of
Fayetteville and Engineer, The City of Fayetteville on recommendation
of Engineer, may determine that as long as the character and progress of
the Work subsequently remain satisfactory to them, there will be no
additional retainage on account of Work subsequently completed, in
which case the remaining progress payments prior to Substantial
Completion will be an amount equal to 100% of the Work Completed
less the aggregate of payments previously made; and
b. 100% of Equipment and Materials not incorporated in the Work but
delivered, suitably stored, and accompanied by documentation
satisfactory to The City of Fayetteville as provided in the GENERAL
CONDITIONS.
00500-4
October 2023
Page 77 of 286
City of Fayetteville, Arkansas
Utility Relocations for I-49/15`h Street Interchange
ARDOT Job 040846 (Utilities)
Hawkins -Weir Engineers, Inc.
HWEI Project No. 2022129
SECTION 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR (continued)
5.03 FINAL PAYMENT:
A. Upon final completion and acceptance of the Work in accordance with the
GENERAL CONDITIONS, The City of Fayetteville shall pay the remainder of the
Contract Price as recommended by Engineer and as provided in the GENERAL
CONDITIONS.
ARTICLE 6 - CONTRACTOR'S REPRESENTATIONS
6.01 In order to induce The City of Fayetteville to enter into this Agreement, Contractor makes the
following representations:
A. Contractor has examined and carefully studied the Contract Documents including the
Addenda and other related data identified in the Bid Documents.
B. Contractor has visited the Site(s) and become familiar with and is satisfied as to the
general, local, and Site conditions that may affect cost, progress, performance, and
furnishing of the Work.
C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and
Regulations that may affect cost, progress, performance, and furnishing of the Work.
D. Contractor has carefully studied all:
00500 Agreement
1. Reports of explorations and tests of subsurface conditions at or contiguous to
the Site and all drawings of physical conditions in or relating to existing
surface or subsurface structures at or contiguous to the Site; and
2. Reports and drawings of a Hazardous Environmental Condition, if any, at the
Site. Contractor acknowledges that The City of Fayetteville and Engineer do
not assume responsibility for the accuracy or completeness of information
and data shown or indicated in the Contract Documents with respect to
Underground Facilities at or contiguous to the Site.
00500-5
October 2023
Page 78 of 286
City of Fayetteville, Arkansas
Utility Relocations for I-49/151' Street Interchange
ARDOT Job 040846 (Utilities)
Hawkins -Weir Engineers, Inc.
HWEI Project No. 2022129
SECTION 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR (continued)
E. Contractor has obtained and carefully studied (or assumes responsibility of having
done so) all such additional supplementary examinations, investigations,
explorations, tests, studies, and data concerning conditions (surface, subsurface, and
Underground Facilities) at or contiguous to the Site or otherwise which may affect
cost, progress, performance, and furnishing of the Work or which relate to any aspect
of the means, methods, techniques, sequences, and procedures of construction to be
employed by Contractor and safety precautions and programs incident thereto.
F. Contractor does not consider that any additional examinations, investigations,
explorations, tests, studies, or data are necessary for the performing and furnishing of
the Work at the Contract Price, within the Contract Times, and in accordance with
the other terms and conditions of the Contract Documents.
G. Contractor is aware of the general nature of work to be performed by The City of
Fayetteville and others at the Site that relates to the Work as indicated in the Contract
Documents.
H. Contractor has correlated the information known to Contractor, information and
observations obtained from visits to the Site, reports and drawings identified in the
Contract Documents, and all additional examinations, investigations, explorations,
tests, studies, and data with the Contract Documents.
I. Contractor has given the City of Fayetteville's Purchasing Division written notice of
all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in
the Contract Documents and the written resolution thereof by the City of
Fayetteville's Purchasing Division is acceptable to Contractor.
J. The Contract Documents are generally sufficient to indicate and convey
understanding of all terms and conditions for performance and furnishing of the
Work.
00500 Agreement 00500-6 October 2023
Page 79 of 286
City of Fayetteville, Arkansas Hawkins -Weir Engineers, Inc.
Utility Relocations for I-49/15" Street Interchange HWEI Project No. 2022129
ARDOT Job 040846 (Utilities)
SECTION 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR (continued)
ARTICLE 7 - CONTRACT DOCUMENTS
7.01 CONTENTS:
A. The Contract Documents which comprise the entire Agreement between The City of
Fayetteville and Contractor concerning the Work consist of the following and may
only be amended, modified, or supplemented as provided in this Agreement and in
the GENERAL CONDITIONS:
00500 Agreement
1. This Agreement.
2. Exhibits to this Agreement (enumerated as follows):
a. Notice to Proceed.
b. Contractor's Bid.
c. Documentation submitted by Contractor prior to Notice of Award.
3. Performance, Payment, and other Bonds.
a. The Performance Bond shall be for one hundred percent (100%) of the
Contract amount.
b. The Payment Bond shall be for one hundred percent (100%) of the
Contract amount.
c. The Contractor shall file the Performance, Payment and Warranty Bonds
at the Washington County Clerk's office prior to providing a file marked
copy of the filed Performance, Payment and Warranty Bonds to the
Owner or Engineer.
4. General Conditions.
5. Supplementary Conditions.
6. Specifications consisting of divisions and sections as listed in Table of
Contents of Project Manual.
00500-7
October 2023
Page 80 of 286
City of Fayetteville, Arkansas
Utility Relocations for I-49/151h Street Interchange
ARDOT Job 040846 (Utilities)
Hawkins -Weir Engineers, Inc.
HWEI Project No. 2022129
SECTION 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR (continued)
7. Drawings consisting of a cover sheet and sheets as listed in the Table of
Contents thereof (Drawings), with each sheet bearing the following general
title:
Utility Relocations for 1-49/15" Street Interchange
8. Addenda numbers 1-2 inclusive.
9. The following which may be delivered or issued after the Effective Date of
the Agreement and are not attached hereto: All Written Amendments and
other documents amending, modifying, or supplementing the Contract
Documents pursuant to the GENERAL CONDITIONS.
ARTICLE 8 - MISCELLANEOUS
8.01
8.02
TERMS:
A. Terms used in this Agreement which are defined in the GENERAL CONDITIONS
shall have the meanings stated in the GENERAL CONDITIONS.
ASSIGNMENT OF CONTRACT:
A. No assignment by a party hereto of any rights under or interests in the Contract
Documents will be binding on another party hereto without the written consent of the
party sought to be bound; and specifically but without limitation, moneys that may
become due and moneys that are due may not be assigned without such consent
00500 Agreement
(except to the extent that the effect of this restriction may be limited by Law), and
unless specifically stated to the contrary in any written consent to an assignment, no
assignment will release or discharge the assignor from any duty or responsibility
under the Contract Documents.
00500-8
October 2023
Page 81 of 286
City of Fayetteville, Arkansas
Utility Relocations for I-49/15" Street Interchange
ARDOT Job 040846 (Utilities)
Hawkins -Weir Engineers, Inc.
HWEI Project No. 2022129
SECTION 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR (continued)
8.03 SUCCESSORS AND ASSIGNS:
A. The City of Fayetteville and Contractor each binds himself, his partners, successors,
assigns, and legal representatives to the other party hereto, its partners, successors,
assigns, and legal representatives in respect to all covenants, agreements, and
obligations contained in the Contract Documents.
8.04 SEVERABILITY:
A. Any provision or part of the Contract Documents held to be void or unenforceable
under any Law or Regulation shall be deemed stricken, and all remaining provisions
shall continue to be valid and binding upon The City of Fayetteville and Contractor,
who agree that the Contract Documents shall be reformed to replace such stricken
provision or part thereof with a valid and enforceable provision that comes as close
as possible to expressing the intention of the stricken provision.
8.05 FREEDOM OF INFORMATION ACT:
A. City contracts and documents prepared while performing city contractual work are
subject to the Arkansas Freedom of Information Act. If a Freedom of Information
Act request is presented to the City of Fayetteville, the contractor will do everything
possible to provide the documents in a prompt and timely manner as prescribed in the
Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally
authorized photocopying costs pursuant to the FOIA may be assessed for this
compliance.
8.06 LIENS:
A. No liens against this construction project are allowed. Arkansas law
(A.C.A. §§18-44-501 through 508) prohibits the filing of any mechanic's or
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
00500 Agreement 00500-9 October 2023
Page 82 of 286
City of Fayetteville, Arkansas
Utility Relocations for I-49/15" Street Interchange
ARDOT Job 040846 (Utilities)
Hawkins -Weir Engineers, Inc.
HWEI Project No.2022129
SECTION 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR (continued)
00500 Agreement
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.
00500-10
October 2023
Page 83 of 286
City of Fayetteville, Arkansas
Utility Relocations for I-49/15`h Street Interchange
ARDOT Job 040846 (Utilities)
Hawkins -Weir Engineers, Inc.
HWEI Project No. 2022129
SECTION 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR (continued)
IN WITNESS WHEREOF, The City of Fayetteville and Contractor have signed this Agreement in
quadruplicate. One counterpart each has been delivered to Contractor. Three counterparts each has been
retained by The City of Fayetteville. All portions of the Contract Documents have been signed, initialed,
or identified by The City of Fayetteville and Contractor.
This Agreement will be effective on , 20_, which is the Effective
Date of the Agreement.
CONTRACTOR: 13rMV\,4S 65V(- +YKA,"I"�VkITY OF FAYETTEVILLE
By: f 9d el Moo vow
(Type or legibly print)
By: Lioneld Jordan
(Type or legibly print)
(Signature) (Signature)
Title: Sea
Contractor shall attach evidence of authority to sign.
Title: Mayor
If Contractor is a corporation, corporate entity or LLC, Contractor shall attach Corporate Resolution
authorizing Contractor's signature and execution of Agreement.
Further if Contractor is a corporation, corporate entity or LLC, Contractor shall also attach a copy of the
Contractor's Articles of Incorporation and a copy form the Arkansas State Secretary of State to document
that the corporation, corporate entity or LLC is in current "Good Standing" with the State of Arkansas and
such entity is permitted to perform work in the State of Arkansas.
(SEAL) (SEAL)
Attest A0 Attest
00500 Agreement
00500-11
October 2023
Page 84 of 286
City of Fayetteville, Arkansas
Utility Relocations for I-49/1511 Street Interchange
ARDOT Job 040846 (Utilities)
Hawkins -Weir Engineers, Inc.
HWEI Project No. 2022129
SECTION 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR (continued)
Address for giving notices Address for giving notices
b 3 113 W. Mountain Street
� jjM_ 3 l.t^01 Off.MA 5_ o Fayetteville, AR 72701
License No. 0 0 S S" 03 19
Agent for Service of process
II 04d Mto
(Type or legibly print)
U V
(Signature)
Contractor shall attach evidence of authority of Agent for Service process to sign. If Contractor is a
corporation, corporate entity or LLC, Contractor shall attach Corporate Resolution authorizing Agent for
Service process authority to sign.
(If Contractor is a corporation, corporate entity Approved as to Form:
or LLC, attach evidence of authority to
sign.) By:
00500 Agreement
Attorney For:
END OF SECTION 00500
00500-12
October 2023
Page 85 of 286
CITY OF
FAYETTEVILLE
ARKANS
ARKANSAS
BID TABULATION
Bid 23.44, Construction - MILK Interchange Utility Relocations (15th Street), Phase 1
DEADLINE: Tuesday, November ], 2023 at 2:. pM
.,,atfonal funds:$4.)00,000A0155,3]S,-im m,.l --,di
p,iV[on Developments, Inc
Brothers Construction Inc
Kajacs Contractors Inc.
Tlmeo Blasting& Coatings Inc.
Trl Star Contractors LLC
Total
$2,837,625.49
$3,963,291.00
$4,000,000.00
$6,418,600.00
e$9,688,990.86
Unit #
Be34rlplldn
CITY
Dom
Unit
Extended
Unit
EateMed
Unk
Eatesaded
Unk
Eatendad
Unit
Eara.dad
1
PnformFnamd PF,m BOM,
I
Lf
$135.DW.W
51 t`.; ".::":
$40.000.00
Seo,000.w
$Iw'. Eo
$l.pODoo
$50,000.00
$SO,O...
$219,833.31
$219,e33.31
2
MoOili,atipn(,NII to dS%ofw1IW3ebld)
1
IS
$110.000OC
il:[!; '.::i'
$7S,000.00
$7510001
$2w,0...
$200."00.0)
SI50..0.w
$ISO,WO..
$3)],380.52
$3)],380.S2
3
M,Intena,ke of TraMc
1
LS
5!2.SWC)
522: r-;
$9A..c
591000..
S10A.A0
$]0,0o0..
$1WW.0..
SIOO,000AO
$250,000..
S25O0...
4
Trench Ssfaty�ProtK6,e Sy%em,
I
LS
51 ).00n Oi:
517.1!1
$23.0oDo0
$23,000.00
$IS,--
515A...
$125,000.00
511"crow
S3.,000.c
$2oomw
S
C--.,. E...IW Contrd,M SedlmentCMOd
I
LS
511.Cri000
$1,.-t;^.
$43,000.00
$43,000.00
538,260A0
Sm.m..W
Mora'..
540,0W.011
$2W,000.00
$IOOMIE'D
.
"Preparation
1
I-S
51a,W0�U
III.—
$)9,000..
$78,000.0D
$JSM,W
$JSA..W
$25,0...
S25.000..
S250,0...
S250A...
)
Cl...M.MGmMing
I
LS
510.000W
$30.0com
592.000.00
$92,000.01
$1c,W0..
$100Ac..
SwAc.w
S50,0..w
$250'moo
8
Remove,nd Replace Landscspiq and lr,gation Systems
1
LS
515.0,p Gi
515OW.W
$19,J50.w
$11,750..
$10,000.w
510,Do0.W
S.AW.W
$WM.W
$195,O..W
$195,000m
9
Conslwd w Dewatadng
1
LS
S15,000 CC
$1510..w
$40AOOA0
S4 -no
S2S,000W
$25,000.00
S15MA..W
$ISocoD.
$125.00D.
$125.-DIF
10
Bypass pump.,
1
IS
518.00o oc
5180Ww
S65000.m
%"o00..
S9510130A0
SBSAW.W
$75p00.00
$]5,O..W
$2.,0...
$200,000.01)
11
Rock E-.6-(Trendes)
1
LS
S15.oO0.W
SISACOW
$250,0W.W
IFI% 00
$1A0
St.
$I... Aw
$4.,000M
.0
$95,.w
$95,000.W
12
fill,,, and Testing d Wale, Mal,
1
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54,WO.W
S4'00 W
$W.ODO.W
5w.o00..
$25,00D.
$2SM0.00
SISA...
$25,OW.W
Sio%W Eo
$IW.WOW
13
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1
15
114.0.W
S14ACOW
$9,000..
S9.-
$6,SOOAO
$6,SW.W
$2SAW.w
$25,O..W
$IWM.W
$ISO,O..W
11
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Is.
SY
SJ098
5532>,J
$176.W
$12,.-
SHOW
$14,3...
56SDoo
$84'moc
$3w.w
$39.1100.
15
SI.Fm Bank Pro W,nd Rmw,tlo, IMMVI,r Wall)
4
FA
520.op0.W
SlIll":.1
$17.325.00
$69.30D.W
$35,001
$1a0,000.W
SII=-
$..-.
Sao.-..
$320.000041
l6
Rennveand Disposeof Gncrete SdewFlksantl Onveways
SW
SY
$30..
11, �.`c 1
518.
$55c.c
$8.w
$4,000..
$2...
$IW,.O.W
$50.W
$2S,W0.c
1]
Remove and g3poseof Cenerete Curb or Curb&Gutter
LBO
Lf
530.00
S514^,O i:J
$IJ..
53,OW..
$3A0
$54000
565.
$11,7w.w
515DW
$2I,0.01)
18
E1.11I Granular O.W1I IT ,en hul For Pavetl Area,
200
GY
53OW
S7,6.W
$]5..
W $1S,0W .
565co
.
$13A..
$65.w
$13,000..
52..
WOW.S40.
19
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1030
CY
W100
539.OF Eo
$MDD
$38,000.c
S40M
$.A...
Sc.w
f6O000.0D
Sl...
$100AW01)
10
Sel,I B,CMII IFxov,llon{)
450
CY
$39..
517.1%1M
SUM
$IS,3..w
S4
$IBA...
$)S.W
$33,750.00
$ISO-
S67,5..
21
flowable.11(h Ws)
1.
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51).�+:Oc3
$2M.W
$22,OW,W
S250A0
$25.000..
$250.w
$25.0..w
53...
S10,O..W
22
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202
CY
$390)
S).x)'3 ::1
$]B.m
$IS.7S5W
$BS.W
51].1)0,00
S75..
SIS.I..w
5200.00
$401400,00'
23
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1.
LF
5481A0
SJI,I�.cl :'i
SMOD
$601000.0)
$m0..
$)O,WO.W
$.A...
St.. -Do
57smoo
$7S,000.
24
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""""12
1w
IF
SIA80W
5168.OEU �:
$2,OSaw
S205,0W.W
$2,250..
SEESAW..
$2Aw..
$280,w0..
$2.9com
$2wmw
25
%pe Gsing 36"Steel (Open Cut)
340
IF
5804.00
52]3.1r:-3'.1
S)..W
5239.000.W
SBSO.W
$189,W0.W
SEA...
5680,00o..
S1,1omoo
$374,000.04)
26
%pe G{Ing-48"Steel(ope, Cull
3.
LF
$848.
$305.210:11
$11050.W
$376WO.W
Si'locci
$756,030.0)
$2,500.00
S9 '_oo
$2AW.W
$720,000,00
17
Sewn %pe 112"pVC,5DR261
21
LF
S1
5J1..
$1,491.W
Se"An
S1.680.W
S4...
51,4...
55...
510,5W00
28
Sewn%pe(15"PVC,SM26)
19S
If
M.,
S,, 10
519.1'i :]
S85.
$Is S]S.W
$90M
$17,550.00
$350.00
$681250.00
S550.00
$10)1250.
29
Sewn %pe 124"PVC,Shc26)
59
if
$I15W
111.12�_!
$168.00
S9,912.W
$,as-
$10,915.
$SW..
$29,SWA0
$600.00
$15,400
3L2
Sewn %pe 130"PVC,fOR 261
399
Lf
$1]).w
_
$10.61t:':1
$270..
$30].]30.0)
$245.00
$9),]SS.00
Ssoom
$239,4W..
$b25c
5249,375.011
31
SaNnry Sewer Trending and Wdfllling,4'-8'Oeep(1N,kh)
21
LF
S395..
$9.J IS']
$1..w
S2,J30,00
S45..
$945..
$ISO..
$3,150..
$1...
$2,1.c
M
Sadtary5ewe,Trendingand M&RIII.8. 4' IF Deep(II-h)
78
LF
$412.1311
_ 532.13b
$13D..
$10,140..
$45.00
$3,510.00
$4...
$31,2WW
$125.W
$9,]S0.
33
Sadtary Sewer Trending and BadXllln& a' li' Deep 115irchl
I)
LF
542)W
SJ.JS .,':1
S2Ww
S4,420.W
595.00
$I.fimoo
S500..
$9,5...
$13S.w
$I,295m
34
Aptary Sewer Trending and BadXlling, 8'12'Deap1241.1,)
59
Li
$541 fA
531.i1'".;
$Iwo
$15,340..
$95..
$5,605..
$5...
$29,5...
$145.w
$:,SIS.c
35
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39
LF
1145,)1
515.1+: �1
$2c..
$10,1/0..
$95..
$3,)OS..
$5...
$19,SW.Do
$150.00
$5,15Q.
36
S_,, Fer011cingand Mulling
87M
SY
SI.35
52141u �1
$1.W
$8,3W.W
$I.w
$20,S.W
$4.
$31,B..W
$10.w
$el,oOD.OD
3)
Shcd Saddr,
31.
SY
$).c
5!3.1 i"�':'.
$].W
$23,MIND
$10..
$33,IXp..
$30..
$66,000..
f),I5
$23,925.
38
MoWlt pavement Repai,(Type 1, 3"Thidnessl
3fi0
SY
Is So
$151.W
$56,520..
$125A0
$45,0...
Sit—$fi4,8w.w
$]5.w
52),000..
39
Cell Milling Atphalt pavement
160
SY
551.00
540.00
S14,4W.W
$65.W
S23,400.00
$180.
$64,8..W
$50.c
W
AspWlttdd Mla (l'TNckness)
215
51
SS2.
- 514,3^.0 ':]
S45.011
$12,375.00
$sox
$13,7SO.W
Sim=
$49,SW..
III—
$.2,5..
01
Curband Gutt,(TypeA-8arW)
IDo
LF
_ SSS.W
5, :'?::I
$36.W
$6,STs.W
53SA0
$"moo
$75.w
$13'soom
$IW.W
$2),o. ..
42
"-..,Tr,O(12'Wldth,4'Tlkkne{{)
2W
Sy
$)S.W
S35.C'n:l1
$110.W
$22.moo
$90.0)
$18AW.w
S215.00
$45,000.W
$2c..
0.W $40,00
43
Remov dRepne Ir ADSNI2
34
LF
_ _ S233W
$7,92' 1
$110W
$3,)40.W
$50..
$I,700.00
$500.00
$1J,O.AO
$200.00
$".Mw
44
0.edd1{eruet INN Tap
I
EA
S6,600,00
513,2:(l ::1
$4800.w
S%s0000
IF,—
$14,0w.w
54,S00,00
$9,O..W
$9,S.W
$19,00000
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$10,710.00
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$8]].W
$35C""'1
$31450.00
$13B4OWoF
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1
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$27.500.03
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$30000.00
$18,000.00
518,000.00
$13,111,31
$11,119.35
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I
EA
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$2,050,00
14,1w.w
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$9,0cw
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$1,491.
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nY ind, Pu M1a{iM Alent pare
Ama.�,il�. f. Pu t pore a3
Page 86 of 286
CITY OF
FAYETTEVILLE
ARKANSAS
Bid 23-44 Addendum 2
Brothers Construction Inc
Supplier Response
Event Information
Number: Bid 23-44 Addendum 2
Title: Construction - MILK Interchange Utility Relocations (15th Street),
Phase 1
Type: Invitation to Bid
Issue Date: 10/8/2023
Deadline: 11/7/2023 02:00 PM (CT)
Notes: The City of Fayetteville is accepting sealed bids from properly
licensed firms for the relocation of water and sewer utilities along 1-49
and 15th Street Interchange. Questions regarding this bid should be
addressed to Amanda Beilfuss, Sr. Purchasing Agent at
abeilfuss@fayetteville-ar.gov.
Contact Information
Contact: Amanda Beilfuss - Sr. Purchasing Agent
Address: Purchasing
City Hall
Room 306
113 W. Mountain St.
Fayetteville, AR 72701
Email: abeilfuss@fayetteville-ar.gov
Page 1 of 8 pages
Vendor: Brothers Construction Inc
Bid 23-44 Addendum 2
Page 87 of 286
Brothers Construction Inc Information
Contact:
Todd Mooney
Address:
PO Box 1763
Van Buren, AR 72956
Phone:
(479) 474-5716
Fax:
(479) 471-9912
Email:
todd@brothers. construction
By submitting your response, you certify that you are authorized to represent and bind your company.
Todd Mooney
Signature
Submitted at 111712023 10:35:46 AM (CT)
Requested Attachments
Bid 23-44, Required Signature Forms
todd@brothers.construction
Email
23-44 MLK Signiture Pages and
SOQ.pdf
Please attach your completed forms. These documents can be found in the Project Manual or as a convenience file in
the 'Attachments' tab titled File #00.
Bid 23-44, Bid Bond
MLK Relocate Bid Bond.pdf
Please attach a signed and completed copy of your bid bond. Bid bonds in the form of a cashier's check shall be
delivered to City Hall, Purchasing Division before bid deadline and have a copy of the cashier's check uploaded with
submittal.
Bid Attributes
1
Arkansas Secretary of State Filing Number:
100157004
2
Arkansas Contractor License Number:
0055490324
3
Check Yes or No:
Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently
boycott Israel and will not boycott Israel during any time in which they are entering into, or while in contract,
with any public entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott
Israel, the contractor must notify the contracted public entity in writing.
0 Yes, I agree
❑ No, I don't agree
Page 2 of 8 pages Vendor: Brothers Construction Inc Bid 23-44 Addendum 2
Page 88 of 286
4
Check Yes or No:
Pursuant Arkansas Code Annotated §25-1-1002, the Contractor agrees and certifies that they do not currently
boycott Energy,
Fossil Fuel, Firearms, and Ammunition Industries during any time in which they are entering into, or while in
contract, with any
public entity as defined in §25-1-1002. If at any time during the contract the contractor decides to boycott Energy,
Fossil Fuel,
Firearms, and/or Ammunition Industries, the contractor must notify the contracted public entity in writing.
0 Yes, I agree
❑ No, I don't agree
5
Addendum Acknowledgement
By selecting "I agree", you acknowledge that you have read and understand any addendums that have been issued
for this bid.
0 1 agree
Bid Lines
9 Construction Dewatering
Quantity: 1 UOM: LS Price: $40,000.00 Total: $40,000.00
1 Bypass Pumping
0
Quantity: 1 UOM: LS Price: $69,000.00 Total: $69,000.00
Page 3 of 8 pages
Vendor: Brothers Construction Inc
Bid 23-44 Addendum 2
Page 89 of 286
2 Pipe Casing - 48" Steel (Open Cut)
6
Quantity: 360 UOM: LF Price: $1,050.00 Total: $378,000.00
Page 4 of 8 pages
Vendor: Brothers Construction Inc
Bid 23-44 Addendum 2
Page 90 of 286
4 Concrete Trail (12' Width, 4" Thickness)
2
Quantity: 200 UOM: SY Price: $110.00 Total: $22,000.00
Page 5 of 8 pages
Vendor: Brothers Construction Inc
Bid 23-44 Addendum 2
Page 91 of 286
4 Remove and Replace 18" ADS-N 12
3
Quantity: 34 UOM: LF Price: $110.00 Total: $3,740.00
4 Reconstruct Inlet Top
4
Quantity: 2 UOM: EA Price: $4,800.00 Total: $9,600.00
4 Water Pipe (18" PVC, AWWA C900, Class 235, DR 18)
5
Quantity: 2042 UOM: LF Price: $275.00 Total: $561,550.00
4 Ductile Iron Fittings
6
Quantity: 10000 UOM: LBS Price: $27.00 Total: $270,000.00
5 1" Water Service Connection
8
Quantity: 2 UOM: EA Price: $2,050.00 Total: $4,100.00
Page 6 of 8 pages
Vendor: Brothers Construction Inc
Bid 23-44 Addendum 2
Page 92 of 286
7 Abandon & Grout Fill Sewer Main (24-Inch)
4
Quantity: 172 UOM: LF Price: $80.00 Total: $13,760.00
Page 7 of 8 pages
Vendor: Brothers Construction Inc
Bid 23-44 Addendum 2
Page 93 of 286
8 Remove and Reinstall Light Pole
0
Quantity: 1 UOM: EA Price: $9,000.00 Total: $9,000.00
Response Total: $3,963,291.00
Page 8 of 8 pages
Vendor: Brothers Construction Inc
Bid 23-44 Addendum 2
Page 94 of 286
IPR A N C F
More Than a Promise
5500 Euper Lane
PO Box 3529
Ft. Smith, AR 72913 (479) 452-4000
www.bhca.com
Bid Bond
KNOW ALL MEN BY THESE PRF_SENTS. that we -
(Here insert full name and address or legal title of Contractor)
Brother's Construction Inc.
P. O. Box 1763
Van Buren, AR 72957
as Principal, hereinafter called the Principal, and
(Harp insert full name and nddre.s.s rr legal title of .Surety)
Travelers Casualty and Surety Company of America
One Tower Square
Hartford, CT 06183
a corporation duly organized under the laws of the State of Connecticut
as Surety, hereinafter called the Surety, are held and firmly bound unto
1Here insert full name and address or legal title of Owner)
City of Fayetteville
113 W. Mountain Street
Fayetteville, AR 72701
as Obligee, hereinafter called the Obligee, in the sum of FIVE PERCENT OF THE TOTAL AMOUNT BID
Dollars ($ 5% ), for the payment
of which cum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid for MLK Interchange Utility Relocations
(Here insertfull name, address and descriprfon of project)
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract
with the Ohligee in acenrdanrr with the terms of such bid, and give such bond or bonds as may be specified in the
bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the
prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal
to enter such Contract and a ve such bond or bonds, if the Principal shall pay to the Obligce the difference riot to exceed
the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good
faith contract with another party to pc, -form the Work covered by said bid, then this obligation shall be null and void,
otherwise to remain in full force and effect.
Signed and sealed this 7th day of November
2023
Brother's Construction Inc.
(Principal) (Seal)
(Title)
Travelers Casualty and Surety Company of America
-
i T ills) (Seal)
ary Ann Ju ice , Attorney -In -Fact
AIA Document A3107u —1970. Copyright 01963 and 1970 by Tie American Inslltute Of Architects.
Page 95 of 286
Travelers Casualty and Surety Company of America
Travelers Casualty and Surety Company
TRAVELERS J St. Paul Fire and Marine Insurance Company
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and
St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein
collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Mary Ann Justice of
FORT SMITH , Arkansas , their true and lawful Attorney(s)-in-Fact to sign, execute, seal and
acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of
the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or
guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April,
2021.
SW
• t
witt FiA'� i HMIFORD, � 2
State of Connecticut
City of Hartford ss.
By.
Robert L Rane enior Vice President
On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior
Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the
purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer.
**� .' O-,
IN WITNESS WHEREOF, I hereunto set my hand and official seal. % �'
NdrAA1'
My Commission expires the 30th day of June, 2026 s1* I °
i♦r a"Wc 4 i Anna P. Nowik, Notary Public
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of
the Companies, which resolutions are now in full force and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice
President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint
Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority
may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings
obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may
remove any such appointee and revoke the power given him or her; and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or
any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided
that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance,
or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive
Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the
Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;
or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her
certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President,
any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to
any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -
Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of
Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed
and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or
understanding to which it is attached.
I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a
true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect.
Dated this 7th day of November , 2023
c
I
FA
Kevin E. Hughes, Assistant Secretary
To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880.
Please refer to the above -named Attorneys) -in -Fact and the details of the bond to which this Power of Attorney is attached.
Page 96 of 286
CITY OF
FAYETTEVILLE
r 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 to prepare a
bid and shall not be used as a substitute for the requirements of the bid documents. 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.
1Z 5% Bid Bond of the amount bid accompanied by required documentation (Power of Attorney, etc.)
o 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). Cashier's checks shall be made
payable to the City of Fayetteville, AR and received prior to the bid deadline by making an in -person delivery
appointment with the City Purchasing Division.
All addenda shall be signed, acknowledged, and submitted on the appropriate forms (submitting the actual addendums
or marking acknowledgement on other bid pages).
All line items shall be appropriately filled out and extended to reveal the line item price as well as the total bid price.
Total base bid should be calculated in the provided space.
All pages provided with signature lines shall be appropriately signed, dated accordingly, and included with submitted bid
documents
DAll bids shall be received before the stated deadline utilizing the City's electronic bidding platform or submitting a physical
sealed bid to the City Purchasing Division. Submitting a bid electronically is strongly encouraged. A public bid opening
will be conducted shortly after the deadline at City Hall and livestreamed at
https://www.youtube.com/user/cityoffayettevillear. Late or misdirected bids shall not be accepted. The City of
Fayetteville shall not be responsible for lost or misdirected bids, or failure of bidder's technical equipment. If submitting
a physical bid, all bid documents shall be delivered in a sealed envelope to the address stated in the advertisement or
updated deadline issued via Addenda. 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.
Additional Information Required:
• List of Subcontractors: Submit form on bidding platform or attach if submitting a physical bid.
• AR Secretary of State Filing #: l tiblS'70a Lf OR submit electronically.
3
• Arkansas Contractor License #: OVS5" 024 OR submit electronically.
• 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.
o Submit electronically or circle applicable answer: ES or NO
• Pursuant Arkansas Code Annotated §25-1-1002, the Contractor agrees and certifies that they do not currently
boycott Energy, Fossil Fuel, Firearms, and Ammunition Industries during any time in which they are entering
into, or while in contract, with any public entity as defined in §25-1-1002. If at any time during the contract the
contractor decides to boycott Energy, Fossil Fuel, Firearms, and/or Ammunition Industries, the contractor must
notify the contracted public entity in writing.
o Submit electronically or circle applicable answer: UYESor NO
Telecommunications Device for the Deaf TDD (479) 521-1316
113 West Mountain - Fayetteville, AR 72701
Page 97 of 286
City of Fayetteville, Arkansas
Utility Relocations for I-49/15`h Street Interchange
ARDOT Job 040846 (Utilities)
SECTION 00140 — BIDDER'S QUALIFICATION STATEMENT
Contract Name: Utility Relocations for 1-49/15"' Street Interchange
Bid 23-44, Construction
Date: I 47 .20).3
SUBMITTED TO:
The City of Fayetteville, Arkansas
113 West Mountain Street
Fayetteville, Arkansas 72701
SUBMITTED BY:
Address T(D /�__ _ 1-1 � 3 \(6,A:iU1� n kTL 12AT��1,,
Principal Office lg� Vif'Ct ) ,M 34- n bUeAt //T.rMA5(
Corporation, LLC, partnership, individual, joint
venture, other �J Coe^W
Arkansas State General Contractor's tcense Number
0055 4!{ 0.3
(Type or legibly print)
Hawkins -Weir Engineers, Inc.
HWEI Project No. 2022129
For a Bidder (Contractor) to be considered as Qualified, the Contractor must satisfy all insurance,
financial, and bonding requirements of the City of Fayetteville.
The Contactor must also provide documentation with the bid to document:
The Contractor's successful completion of five contracts similar in scope to this City of
Fayetteville Bid.
The Contractor shall have executed work for municipalities operating water distribution and
sanitary sewer collection facilities with a minimum of three (3) projects equaling or exceeding
five hundred thousand dollars ($500,000) for installation of the product(s) bid. Work for
developers and commercial site work will not be considered as permissible work experience.
Acceptable documentation of these minimum installations must be submitted to the City of
Fayetteville attached to this section. In accordance with Arkansas Procurement Law, a
Contractor may use the combined experience of its owners or senior executive staff to satisfy the
experience requirement, or the combined amount of experience of the key personnel that will be
responsible for satisfying the experience requirement.
00140 Bidder Qualifications
00140-1
October 2023
Page 98 of 286
City of Fayetteville, Arkansas
Utility Relocations for 1-49/15' Street Interchange
ARDOT Job 040946 (Utilities)
Hawkins -Weir Engineers, Inc.
HWEI Project No. 2022129
SECTION 00140 — BIDDER'~ QUALIFICATION STATEMENT (continued)
EXPERIENCE STATUMENT (MANDATORY)
1. Bidder has been engaged as a General Contractor in construction for " years and
has performed work of the nature and magnitude of this Contract for _al__ years.
Bidder has been in business under its present name for M years.
2. The Contactor must also provide documentation with the bid to document the
Contractor's successful experience with the following:
a. The Contactor must also provide documentation with the bid to document the
Contractor's successful completion of five contracts similar in scope to this City
of Fayetteville Bid.
3. Bidder now has the following bonded projects under contract: (On a separate sheet,
list project name, owner, name of owner contact, engineer/architect, name of
engineer/architect contact, amount of contract, surety, and estimated completion
date.)
4. Bidder has completed the following (list minimum of 3) contracts consisting of work
similar to that proposed by this Contract: (On a separate sheet, list project name,
owner, name of owner contact, engineer/architect, name of engineer/architect contact,
amount of contract, surety, and date of completion and percentage of the cost of the
Work performed with Bidder's own forces.)
5. Has Bidder ever failed to complete any project? If so, state when, where, and why.
6. Bidder normally performs the following work with his own forces:
S-e_e aktd
7. Construction experience of key individuals in the organization is as follows
(continued on attached sheets if needed):
8. in the event the Contract is awarded to Bidder, the required surety Bonds will be
furnished by the following surety company and name and address of agent:
S
00140 Bidder Qualifications
00140-2
October 2023
Page 99 of 286
City of Fayetteville, Arkansas
Utility Relocations for I-49/15" Street Interchange
ARDOT Job 040846 (Utilities)
Hawkins -Weir Engineers, Inc.
HWEI Project No. 2022129
SECTION 00140 — BIDDER'S QUALIFICATION STATEMENT (continued)
9. Bidder's Workers' Compensation Experience Modifier Factor is:
q L`
FINANCIAL STATEMENT (IF REQUESTED)
A. If requested by the City of Fayetteville during the evaluation of bids the bidder shall provide
to the City of Fayetteville the following additional information:
Bidder possesses adequate financial resources as indicated by the following:
1. Assets and Liabilities: Attach a financial statement, audited if available, including
Bidder's latest balance sheet and income statements showing the following items:
a. Current assets (cash, joint venture accounts, accounts receivable, notes
receivable, accrued income, deposits, materials inventory, and prepaid expenses).
b. Net fixed assets.
c. Other assets.
d. Current liabilities (accounts payable, notes payable, accrued expenses, provision
for income taxes, advances, accrued salaries, and accrued payroll taxes).
e. Other liabilities (capital, capital stock, authorized and outstanding shares par
values, earned surplus, and retained earnings).
f. Name of firm preparing financial statement and date thereof:
If financial statement is not for identical organization named herein, explain
relationship and financial responsibility of the organization furnished.
2. Current Judgments: The following judgements are outstanding against Bidder:
Ridament Creditors Where Docketed and Date Amount
a. $
b. $
00140 Bidder Qualifications
00140-3
October 2023
Page 100 of 286
City of Fayetteville, Arkansas
Utility Relocations for I-49/15`h Street Interchange
ARDOT Job 040846 (Utilities)
Hawkins -Weir Engineers, Inc.
HWEI Project No. 2022129
SECTION 00140 — BIDDER'S QUALIFICATION STATEMENT (continued)
Bidder herebyrepresents and warrants that all statements set forth herein are true and correct.
Date: !V/11 % , 20 2-7
Name of Organization
By �nnr�g� Peas
(Type or legibly print)
By _
(Signature)
Titles./.
(Type or legibly print)
(OFFICIAL SEAL)
SEAL
If Bidder is a partnership, the partnership name shall be signed, followed by the signature of at least one
of the partners. If Bidder is a corporation or LLC, the corporate name shall be signed, followed by the
signature of a duly authorized officer and with the corporate seal affixed.
Contractor shall attach evidence of authority of signature. If Contractor is a corporation, corporate entity
or LLC, Contractor shall attach Corporate Resolution authorizing Contractor's signature and authority to
sign.
END OF SECTION 00140
00140 Bidder Qualifications
00140-4
October 2023
Page 101 of 286
City of Fayetteville, Arkansas
Utility Relocations for i-49/15th Street Interchange
ARDOT Job 040846 (Utilities)
SECTION 00400— BID FORM
Contract
Name: Utility Relocations for 1-49/15th Street Interchange
Bid Number: 23-44, Construction
BID TO:
Owner: The City of Fayetteville, Arkansas
1 13 West Mountain Street
Fayetteville, Arkansas 72701
BID FROM:
t o ? a1�. !1l I 11
ARTICLE l - INTENT
Hawkins -Weir Engineers, Inc.
HWEI Project No. 2022129
1.01 The undersigned Bidder proposes an agrees, if this Bid is accepted, to enter into an agreement with
Owner in the form included in the Contract Documents to perform and furnish all Work as specified or
indicated in the Contract Documents for the Bid price and within the Bid time indicated in this Bid and
in accordance with the other terms and conditions of the Contract Documents.
ARTICLE 2 - TERMS AND CONDITIONS
2.01 Bidder accepts all of the terms and conditions of the Invitation to Bid and Instructions to Bidders,
including without limitation those dealing with the disposition of Bid security. This Bid will remain
subject to acceptance for 90 days after the day of Bid opening. Bidder will sign and deliver the
required number of counterparts of the Agreement with the Bonds and other documents required by
the Bidding Requirements within 15 days after the date of Owner's Notice of Award.
2.02 The undersigned bidder, having examined the specifications and contract documents, and being fully
advised as to the extent and character of the work, propose to furnish all equipment and to perform all
labor and work necessary for the completion of the work described by and in accordance with the
specifications and contracts for the following prices.
00400 Bid Form
00400-1
September 2023
Page 102 of 286
City of Fayetteville, Arkansas Hawkins -Weir Engineers, Inc.
Utility Relocations for 1-49/15th Street interchange HWET Project No. 2022129
ARDOT Job 040846 (Utilities)
SECTION 00400— BID FORM (continued)
ARTICLE 3 - BIDDER'S REPRESENTATIONS
3.01 in submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that:
A. Bidder has examined and carefully studied the Bid Documents, and the following Addenda, receipt of
all which is hereby acknowledged:
Number Date
B. Bidder has visited the Site, City or Utilities and become familiar with and is satisfied as to the general,
local, and Site conditions that may affect cost, progress, performance, and furnishing of the Work.
C. Bidder is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may
affect cost, progress, performance, and furnishing of the Work.
D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or
contiguous to the Site and all drawings of physical conditions in or relating to existing surface or
subsurface structures at or contiguous to the Site; and (2) reports and drawings of a Hazardous
Environmental Condition, if any, at the Site. Bidder acknowledges that such reports and drawings are
not Contract Documents and may not be complete for Bidder's purposes. Bidder acknowledges that
Owner and Engineer do not assume responsibility for the accuracy or completeness of information and
data shown or indicated in the Bid Documents with respect to Underground Facilities at or contiguous
to the Site.
E. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all such
additional or supplementary examinations, investigations, explorations, tests, studies, and data
concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site or
otherwise which may affect cost, progress, performance, or furnishing of sequences, and procedures of
construction to be employed by Bidder and safety precautions and programs incident thereto.
F. Bidder does not consider that any additional examinations, investigations, explorations, tests, studies,
or data are necessary for the determination of this Bid for performing and furnishing of the Work in
accordance with the times, price, and other terms and conditions of the Contract Documents.
G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that
relates to Work for which this Bid is submitted as indicated in the Contract Documents.
00400 Bid Form 00400-2 September 2023
Page 103 of 286
City of Fayetteville, Arkansas
Utility Relocations for I-49/15th Street Interchange
ARDOT Job 040846 (Utilities)
SECTION 00400- BID FORM (continued)
Hawkins -Weir Engineers, Inc.
HWET Project No. 2022129
ITEM
NO.
DESCRIPTION
EST.
QTY
UNIT
UNIT
PRICE
TOTAL
73
Cut & Cap Existing 12" Sewer Main
2
EA
S
S
74
Cut & Cap Existing 24" Sewer Main
1
EA
S
$
75
Concrete Anchor Collar (12" Sewer Line)
6
CY
S
S
76
Concrete Anchor Collar (30" Sewer Line)
16
CY
S
S
77
Remove and Replace Fence (6' Tall, Security Steel)
270
LF
$
$
78
Remove and Reinstall Light Pole
1
EA
S
is
TOTAL AMOUNT BID (SCHEDULE I)
ARTICLE 5 - CONTRACT TIMES
5.01 Bidder agrees that the Work will be substantially completed and completed and ready for final
payment within the number of calendar days indicated in the Agreement.
5.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to
complete the Work within the times specified in the Agreement.
ARTICLE 6 - BID CONTENT
6.01 The following documents are attached to and made a condition of this Bid:
A. A 5% required Bid security in the form of a cashier's check from a financial institution located in the
State of Arkansas or a Bid Bond and in the amount of
H b I (o 45-5- Dollars ($ )
B. A tabulation of Subcontractors and other persons and organizations required to be identified in this
ARTICLE 7 - COMMUNICATIONS
7.01 Communications concerning this Bid shall be addressed to the Bidder as follows:
oact Moo)
Fax No. u1� --` -% I —I I i-L-
-Ud7bV]
-F�3.22 17 `&0
00400 Bid Form
00400-7
September 2023
Page 104 of 286
City of Fayetteville, Arkansas
Utility Relocations for I-49/15th Street Interchange
ARDOT Job 040846 (Utilities)
SECTION 00400— BID FORK-1 (continued)
9.02 Execution/Signatures for Contractor Assurances above, Bid and Bid Form:
SUBMITTED on _ fl ( % . 20-73
Arkansas State Contractor License No. 60 J J YI
If Bidder is:
An Individual
Name (type or printed):
By:
Doing business as:
Business address:
Phone No:
Email Address:
A Partnership
Partnership Name
By:
Name (type or printed):
Business address:
No.
Phone No: Fax No.
Email Address:
L)
(SEAL)
Hawkins -Weir Engineers, Inc.
HWET Project No. 2022129
00400 Bid Form
00400-10
September 2023
Page 105 of 286
City of Fayetteville, Arkansas
Utility Relocations for 1-49/15th Street Interchange
ARDOT Job 040846 (Utilities)
SECTION 00400— BID FORM (continued)
A Corporation or Corporate entityincluding Limited Liability Company (LLC)
Corporation Name : of"5 (SEAL)
State of Incorporation:. A1/'�OWIS6L_5
Type (General Business, Professional, Service, Limited Liability):
By: e<6 j'}w m
Name (type or printed): "4a
T
Title: TeS
(CORPORATE SE
Attest: 2
Business address: Pa 13 oK_ 0 0
Viam 8u xw. Ar. -?2 Sb
Phone No: Fax No. zI -?� - q11 -Qq l 2-
Email Address: _L_d C41 �broft�y� . onAv -f rgd-i bii
Tax ID No: -i_- 8 $o b
END OF DOCUMENT 00400
Hawkins -Weir Engineers, Inc.
HWET Project No. 2022129
00400 Bid Form
00400-11
September 2023
Page 106 of 286
City of Fayetteville, Arkansas Hawkins -Weir Engineers, Inc.
Utility Relocations for 1-49/15" Street Interchange HWEI Project No. 2022129
ARDOT Job 040846 (Utilities)
SECTION 00430 — LIST OF SUBCONTRACTORS
In compliance with the Instructions to Bidders and other Contract Documents, the undersigned submits
the following names of Subcontractors to be used in performing the Work for:
Utility Relocations for I-49/15t" Street Interchange
Bid 23-44, Construction
Bidder certifies that all Subcontractors listed are eligible to perform the Work.
Subcontractor's Work
Designate Work
&05 iot\ &-)A4ro(
llov
Subcontractor's Name
and Address
rtJV,rC,+r0,(. Safe{, am) S,C'•
Po. 8cx %5 , Cwtw-11,0 72833
b.C. 114&1-1 6A5YUCFioA
Expected Percentage
'2\0 3S 1' IM54n 4 Vq It ex 0, Ua4 4m -/W%
NOTE: This form must be submitted in accordance with the Instructions to Bidders.
�aJ a cso
Bidder's name (type or print)
4101
Bidder's name (signature)
11 (7j2,3
Date
END OF SECTION 00430
or Value
5 170
3 ` C1
00430 List of Subcontractors
00430-1
October 2023
Page 107 of 286
License No. 0055490324
ID #6997
State of Arkansas
Commercial Contractors Licensing Board
BROTHERS CONSTRUCTION, INC.
PO BOX 1763
VAN BUREN, AR 72957
BROTHERS CONSTRUCTION, INC
This is to Certify That
is dul'r licensed'ander the provisions of Ark. Code Ann. R. 17-25- A�� et. se^y. uS
amended and is entitled to practice Contracting in the State of Arkansas within
the following classifications/specialties:
BUILDING
- (COMMERCIAL & RESIDENTIAL)
HIGHWAY, RAILROAD, AIRPORT
CONSTRUCTION
MUNICIPAL & UTILITY CONSTRUCTION
This contractor has an unlimited suggested hid limit.
from April14.2023
until ]March 31. 2024 When this Certificate expires.
11 ifpw�v our hands oL rhe Board, doted at North Little Rock. .lrkansa.s'
6
CHAIRMAN
SECRETARY
April 14, 2023 - dsa
Page 108 of 286
4/5/23, 11:45 AM
Arkansas Secretary of State
Search Incorporations, Coon-Cl- I c,, 13a11l.; and I_IISLH-arice C 0t»panics
This is only a preliminary; search and no guarantee that a name is a,,ailable for initial riling
until a confirmation has been received ",rim the Secretary w State arter filing has been processed
Please reVie-N our �:_ _ i .=i prior to searching for a na,,v entity name,
- _ ..
LLC Member information is now confidential per Act 865 of 2007
Use your browser's back button to return to the Search Results
Begin New Search
For service of process contact the 3: air 4
Corporation Name
BROTHERS CONSTRUCTION, INC.
Fictitious Names
Filing #
100157004
Filing Type
For Profit Corporation
Filed under Act
Dom Bus Corp; 958 of 1987
Status
Good Standing
Principal Address
P.O. BOX 1763
VAN BUREN, AR 72957
Reg. Agent
TERRY W. MOONEY
Agent Address
3918 EAST POINTER TRAIL
VAN BUREN, AR 72957
Date Filed
03/12/1998
Officers
SEE FILE, Incorporator/Organizer
FCA, CPAS PLLC, Tax Preparer
TERRY WAYNE MOONEY , President
MICHAELTODD MOONEY , Secretary
Foreign Name
N/A
Foreign Address
State of Origin
N/A
Purchase a Certificate of Good P-1%i Fra),-icnisa Tax f o f this cop i,,oa a_ic,t
Standing for this Entity
https://www.sos.arkansas.gov/corps/search corps.php?DETAIL=157765&corp_type_id=&corp_name=&agent_Search=&agent city=&agent state=&fili... 1/1
Page 109 of 286
CONSTRUCTION
November 7, 2023
City of Fayetteville, AR
113 West Mountain Street
Fayetteville, AR 72701
RE: 1-49 & 15th Street Interchange
Bid 23-44
To Whom It May Concern:
Brothers Construction was established in 1994 by two brothers, Terry & Todd Mooney.
Approximately 4 years later, in 1998, the business incorporated to become Brothers
Construction, Inc. We are an "S Corp" in the State of Arkansas and our Contractors License
number is 0055490324. For over 29 years, Brothers Construction has strived to provide a safe
workplace, perform quality work, and always put our customers' satisfaction first.
The company's focus is municipal & utility construction, as indicated by our work on hand as
well as our recently completed projects. We are also equipped to do site prep, subdivisions as
well as heavy hauling. Brothers Construction, Inc. has never failed to complete any work and
has never defaulted on any contract.
The officers are Terry Mooney, President, with over 40 years of utility experience, overseeing
daily operations in the field. Todd Mooney, Secretary, with over 35 years of experience in
estimating & project management.
Here are a few examples of our experienced field staff:
Josh Lamance- Job Supervisor- 22 years of experience with Brothers Construction
Bill Collins- Lowboy Driver with 20 years of experience
Christopher Scrivner- Job Supervisor with 15 years of experience
Robert Hall- Job Supervisor with 40 years of experience
Ed Chaney- Job Supervisor with 32 years of experience
Skip Howard- Safety Director (OSHA Trainer) 6 years of experience with Brothers Construction
Our main banking references are Citizens Bank & Trust in Van Buren, Joe Ryan, at 479-410-5213
and Relyance Bank in Little Rock, David Straessle, at 501-404-3458 extension 2174.
Our bonding agent is Marty Clark with BHC Insurance at 479-452-4000 and our surety company
is Travelers Casualty & Surety Company of America, providing us with a $40,000,000 aggregate.
PO BOX 1763 VAN BUREN, AR 72957
OFFICE: (479) 474-5716 • FAX (479) 471-9912 www. brothers. construction
Page 110 of 286
Current work
Prairie Grove Downtown Bond $4,450,184 (estimated start date 11/2023)
City of Prairie Grove 479-846-3038
City of Rogers, 13th Street & Popular $8730,562 (estimated start date 11/2023)
CEI Engineering Associates Inc. Bentonville, AR 800-433-4173
City of Bentonville SW 28th Street- $5,214,213 (estimated start date 11/2023)
APAC Central, Inc. 755 E Millsap Rd. Fayetteville, AR 479-587-3300
City of Elkins Sanitary Sewer Capacity Improvements $6,944,410 (estimated completion 6/2024)
Garver -Chris Buntin 479-527-9100
Cave Springs Force Main & Lift Station $10,727,495 (estimated completion 7/2024)
McClelland Engineers -Nick Batker 479-443-2377
Heights Interceptor Sewer $2,017,036 (estimated completion 11/2023)
Springdale Water Utilities Rick Pulvirenti, PE 479-751-5751
88CC Chad Colley Blvd Fort Smith $2,273,867 (estimated completion 11/2023)
Meadows Properties- Jim Phelan 479-478-6788
Cobblestone $4,399,922 (estimated completion 12/2023)
Fayetteville Housing Partners- Crafton Tull -Taylor Lindley 479-636-4838
Dixieland South/Crossland $2,150,670 (estimated completion 11/2023)
Crossland Heavy Contractors- Jason Necessary 479-347-7960
Sisters Place Fort Smith $1,647,040 Estimated completion 11 /2023)
Griffin Construction- Mickle Wagner Coleman- Jackson Goodwin 479-649-8484
Hazelton Utilities $651,392 (estimated completion 7/2023)
Grant Garrett Excavation 501-520-5200
Wal-Mart Child Card $500,433 (estimated completion 11/2023)
ARCO Excavation -Tony White 479-451-8000
HarBer Ave. Extension $2,003,355 Estimated completion 11/2023)
Crossland Heavy Contractors -Jason Necessary 479-347-7960
Uptown -Oak Flyovers City of Rogers $1,491,388 (estimated completion 12/2023)
Crossland Heavy Contractors-Holten Elmore 620-429-1410
Page 111 of 286
City of Poteau Sanitary Sewer East Interceptor $2,782,525 (estimated start date 11/2023)
City of Poteau Oklahoma-WDB Engineers- David Wyatt 405-741-7090
The Retreat at Fayetteville- water & sewer $1,091,390 (estimated completion 11/2023)
ARCO Excavation & Paving- Derek Espolt 479-451-8000
Lumen (Westwood Village) Apartments Bentonville, AR -Site & Utilities $1,330,345
Conco, Inc — Rob Davis 316-943-7111 (estimated completion 12/2023)
Completed Projects
Reserves at Bentonville Apartments LLC-Site & Utilities $3,119,192
Norris Service & Construction, Inc.-Tori Osborne 479-651-8078 (completed 8/2023)
Gene George South Phase 1- Street/Road & Utilities $4,247,971
City of Springdale- Garver/Seth Yancey 501-537-33283 (completed 7/2023)
Ebbing Place Phase II $2,057,635 (completed 6/2023)
Barling Place LLC -CMC Asset Management-479-242-1267
Southwest Basin Sewer Improvements $1,692,050
City of Centerton- Jeff Dehnhardt 479-751-8733 (completed 2022)
Mayo Drive Water Improvements $835,628
City of Barling, AR -Danny Byrd 479-452-1550 (completed 2022)
Fairway 15 Village Fort Smith, AR- Subdivision $800,608
Mickle Wagner Coleman -Jackson Goodwin 479-649-8484 (completed 2022)
Fort Smith Nursing- Site work & Utilities $2,333,091
Rick Mooney Construction 479-929-5577 (completed 2022)
Allen's Mill- Site & Utilities $3,985,547
Buffington Homes- Anna Traylor 479-251-1106 (completed 2022)
Pure Springdale- Site work & Utilities $1,885,938
ERC Construction Group- 479-452-9950 (completed 2023)
Mountainview at Prairie Grove- Site work & Utilities $5,229,000
PG Three Amigos, LLC- Karen Parker 479-466-7254 (completed 2022)
Providence Village Ph 3- Site work & Utilities $2,031,064
Rausch Coleman- Ben Kennedy 479-455-9090 (completed 2022)
Page 112 of 286
The Peaks Ph 2- Site & Utilities $1,691,973
Ridge Construction LLC/ Coty Allen 501-479-8143 (completed 2022)
Hampton Place- Site work & utilities $2,978,265
Rick Mooney Construction 479-929-5577 (completed 10/2021)
Crystal Springs- Utilities $2,219,583
Rausch Coleman- Ben Kennedy 479-455-9090 (completed 3/2022)
City of Bentonville- Nomad Sewer included 5708 LF of 24" Sewer $1,602,875
CEI- Nate Bachelor 479-254-1591 (completed 8/2021)
Stone Ridge in Fort Smith- Site work & Utilities $1,689,717
Crafton Tulll — Connor Threet & Taylor Lindley 479-636-4838 (completed 8/2021)
Park Meadows Phase 3- Utilities $1,104,986
Rausch Coleman- Ben Kennedy 479-455-9090 (completed 1/2022)
Magnolia Park- Site work & Utilities $4,489,885
Buffington Homes- Anna Traylor 479-251-1106
Engineer: Joseph Fifer, Crafton Tull 501-878-2406 (completed 3/2022)
Riverwalk Phase 3 Fayetteville- Site work & Utilities $1,721,830
Riggins Construction 479-582-9597 (completed 2/2021)
Morningside Estates Ph 3 - Utilities $1,568,990
Rausch Coleman -Ben Kennedy 479-455-9090 (completed)
Uptown Square Apartments Rogers, AR site work & utilities $1,520,195
MBA Construction Indianapolis, IN (completed 2022)
Pinnacle Grove- Utilities $652,346
ARCO Excavation & Paving 479-451-8000 (completed)
Hawthorn Heights - site work & all utilities $3,559,592
Rick Mooney Construction 479-929-5577 (completed)
Providence Village 2- Utilities $1,139,317
Rausch Coleman -Ben Kennedy 479-455-9090 (completed)
The Pointe Phase II Bentonville, AR- site work, water, sewer & drainage $1,430,342
Ridge Construction- Rick McReynolds 501-758-0050 (completed)
City of Centerton Sanitary Sewer Improvements included 1770 24" Sewer $2,885,102
ESI, Inc. Mark Johnson 479-751-8733 (completed 2/21)
Page 113 of 286
Park Meadow- water, sewer & drainage $943,398
Rausch Coleman Ben Kennedy 479-455-9090
Engineer- Crafton Tull 479-636-4838 (completed 5/2020)
Belle Mead- site work & utilities (subdivision) $1,218,915
Brothers Investment Properties (completed 2/2020)
Downtown Springdale Sanitary Sewer Improvements $2,136,375.00
ESI, Inc. Jonathan Strain P.E. 479-751-8733 (completed 1/15/2020)
The Peaks at Springdale- site work and all utilities $518,884.00
Ridge Construction LLC/ Coty Allen 501-479-8143 (completed 10/2019)
Tyson Heights Phase II Springdale, AR $368,610.00 water & drainage
Rausch Coleman Homes LLC 479-472-4663 (completed 7/2019)
Preston Park in Bentonville, AR $3,172,538.00 site work & all utilities
Buffington Homes/Anna Traylor 479-251-1106 (completed 11/2019)
Heritage Village at Chaffee Crossing Fort Smith, AR $1,222,213 site work & utilities
Meadows Construction/Jim Meadows 479-478-6788 (completed 11/2019)
Fuller Estates in Fort Smith, AR $445,723.00 site work, streets & all utilities
Charles Palmer/owner 918-671-9246 (completed 7/2019)
Offsite Heritage Village water & sewer Improvements $ 334,395.00
Mickle Wagner Coleman/ Pat Mickle 479-649-8484 (completed 6/2019)
Hwy 412 Bypass Gravity Sewer Extension, City of Tontitown $393,938.00
Garver, LLC/Chris Buntin P.E. 479-527-9100 (completed 5/2019)
Van Buren Municipal Utilities Sanitary Sewer Improvements $588,868.00
Hawkins Weir Engineers/Josh Durham 474-1227 (completed 5/2019)
Allen's Mill at Cave Springs, AR $3,241,579 site work & all utilities
Buffington Homes/Anna Traylor 479-251-1106 (completed 5/2019)
Grand Retirement in Fayetteville, AR $3,410,257 site work & all utilities
Rick Mooney Construction (GC) 479-929-5577 (completed 4/2019)
Red Barn in Bentonville, AR $538,214 water & sewer
Crossland Construction- Tom Keller 479-464-7077 (completed 10/2018)
City of Bentonville- 8th Street Water & Sewer Relocate $1,679,167.00
USI Consulting Engineers 479-872-7114 (completed 7/2018)
Page 114 of 286
Guyll Ridge & Dixieland Rd Waterline Replacement $578,537.00
Benton County Water District Avoca, AR
Plymouth Engineering, David Gilbert P.E. 479-595-5934 (completed 6/3/2018)
City of Gravette Sanitary Sewer Improvements $634,075.00
Morrison Shipley 479-273-2209 (completed 1/2018)
The Mansions at Mill Creek Springdale, AR- Water & Sewer $374,148.00
ARCO Excavation 479-451-8000 (completed 10/2017)
The Greens at Fort Chaffee Fort Smith, AR $780,000.00 Site Work & Utilities
Meadows Construction 479-478-6788 (completed 9/2017)
Emma Ave Water Improvements in Springdale, AR $1,043,691.00
Springdale Water Utilities — Rick Pulvirenti, 479-751-5751 (completed 4/20/17)
Cambridge Street Utilities — Water and Sewer Improvements, $1,512, 062.00
City of Springdale — (ARCO Tony White) 479-451-8000 (completed 7/2017)
Scissortail Subdivision -Sanitary sewer $875,094.00
ARCO Excavation Tony White 479-451-8000 (completed 1/31/2017)
The Villas at Forest Hills in Fayetteville, AR site work & utilities $2,080,949
Morrison Shipley Engineers- Patrick Foy 479-273-2209 (completed 5/2017)
Emma Avenue Sewer Rehab in Springdale, AR $1,003,241
Springdale Water Utilities- Rick Pulvirenti 479-751-5751 (completed 1/2017)
City of Springdale Northern Bypass water & sewer Relocate $1,324,584
City of Springdale- Tom Talley 479-751-5751 (completed 5/3/16)
I can provide a list of our major equipment and would be glad to furnish financial statements or
any other information upon request.
Sincerely,
Todd Mooney
Brothers Construction, Inc.
Page 115 of 286
Bid 23-44, Addendum 1 CITY OF
IV
FAYETTEVILLE
Date: Tuesday, October 31, 2023 A R K A N S A S
To: All Prospective Vendors
From: Amanda Beilfuss — 479.575.8220 — abeilfuss@fayetteville-ar.gov
RE: Bid 23-44, Construction — MLK Interchange Utility Relocations (15th Street), Phase 1
This addendum is hereby made a part of the contract documents to the same extent as though it were originally
included therein. Interested parties should indicate their receipt of same in the appropriate blank of the Bid.
BIDDERSSHALL ACKNOWLEDGE THISADDENDUM ON THE DESIGNA TED LOCATION ON THE BID FORM.
1. A non -mandatory Pre -Bid meeting was held in Room #111 of Fayetteville City Hall on Thursday, October
12, 2023 at 3:00 PM. The sign -in sheet of attendees and meeting summary are also attached to this
addendum for disclosure to all interested parties (see Attachment A).
a. Attendees:
i. City of Fayetteville:
1. Amanda Beilfuss, Sr. Purchasing Agent
2. Kenny Fitch, Purchasing Agent
3. Corey Granderson, Utilities Engineer
4. Robert Lancaster, W/S Field Maintenance Supervisor
5. Oren Noble, Hawkins -Weir Engineers, Inc.
6. Zachary Johnson, Hawkins -Weir Engineers, Inc.
7. Josh Durham, Hawkins -Weir Engineers, Inc.
ii. Vendors:
1. Goins Enterprises
2. KAJACS
3. Privcon Developments Inc.
2. Specifications: The following are changes/additions to the Detailed Specifications:
a. SPECIFICATIONS —SECTION 01010, SPECIAL CONDITIONS
i. Add the following paragraph to Section 1.03 AMERICAN MADE MATERIALS after paragraph
A, to read as follows:
B. The attached Arkansas Department of Transportation Special Provision for BUY
AMERICA— CONSTRUCTION MATERIALS shall be included by reference in the
Specifications under this section (see Attachment B).
ii. Add the following paragraphs to Section 1.07 TECHNICAL DATA after paragraph A to read
as follows:
B. The attached soil boring logs are included with this addendum for review in
accordance with the caveats identified in the Specifications (see Attachment Q.
C i r v o f F a v e t t e v i I I e, A R
B i d )_ 3 -4 4, A.d d e n d u rr 1
Page 13
Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701
Page 116 of 286
b. SECTION 02517 — POLYVINYL CHLORIDE (PVC) PRESSURE PIPE
i. Add the following paragraph to Section 2.01 POLYVINYL CHLORIDE (PVC) PIPE AND
FITTINGS after paragraph K to read as follows:
L. The specified 18-inch water main pipe shall be Certa Lok RJIB DR 18 or approved
equal.
c. SECTION 02531—SANITARY SEWER MANHOLES, FRAMES, AND COVERS
i. Add the following paragraph to Section 2.04 ANTIMICROBIAL CONCRETE ADMIXTURE after
paragraph B to read as follows:
C. The combined use of Penetron Admix SB and Penetron BioMIC solutions AEM5772
is an approved alternative.
d. SECTION 02682 — BYPASS PUMPING OF SANITARY SEWER
i. SPECIFICATION SECTION 02682, BYPASS PUMPING OF SANITARY SEWER, is added in its
entirety, and should be used in the preparation of bid (see Attachment D).
3. Plan Sheets: The following are changes/additions to the Plan Sheets/Drawings:
a. DRAWINGS —SHEET 2, GENERAL CONSTRUCTION NOTES
i. Revise Item 22 of the General Notes — Miscellaneous to read as follows:
1. The contractor shall complete the relocation of the water and sewer under 151h
Street from Right of Way to Right of Way. Due to ARDOT's schedule, the contractor
may be required to work on both the water and sanitary sewer relocation at the
same time.
b. DRAWINGS —SHEET 4, WATERLINE PLAN AND PROFILE STA 0+80 TO 6+00, and SHEET 7, WATER
LINE PLAN AND PROFILE STA 16+00 TO END, see Attachment E for revised details:
i. See attached Attachment E for the revised connection of the proposed 18-inch water main
to the existing 24-inch water main. The proposed 18-inch connection to the existing 24-
inch water main shall include a 24" X 18" reducer. The weight for this fitting was included in
the Ductile Iron Fittings bid item.
c. DRAWINGS — SHEET 18, MISCELLANEOUS DETAILS V, see Attachment F for revised details:
i. See Attachment F of this addendum for the revised carrier and casing sizes table in the
encasement pipe detail C502. The table references 0.500 casing wall thickness for a 36-inch
encasement. The casing wall thickness for 36-inch encasement for this project shall be
0.625 wall thickness.
4. Questions: The following questions were received and have been answered by the responsible
department:
a. Question: Are there any geo reports available?
i. Answer: Yes, please see the reports attached to this addendum.
City of Fayetteville, AR
Bid 2 3 -44, Addendum. 1
Page 213
Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701
Page 117 of 286
b. Question: Regarding Line Item #11, is there a reason it's listed as a lump sum quantity and not
priced by the cubic yard?
i. Answer: This was intentional. Bidder may go to the site and look at town branch, conduct
spot digs if so desired, review soil borings, and conduct drilling if they so choose to. The
bidder can calculate the quantity of rock, size of machinery (equipment), labor, and profit
for the lump sum bid item.
5. Clarifications:
a. Access to parking during construction is available at 15th Street and Futrall Drive. Contractor shall
not use Best Western's parking lot for parking or access.
6. Addendum Attachments:
a. Attachment A: Pre -Bid Sign -In Sheet and Summary
b. Attachment B: ARDOT Special Provision — Build America Buy America
c. Attachment C: Soil Boring Logs
d. Attachment D: Section 02682 — Bypass Pumping of Sanitary Sewer
e. Attachment E: Plan/Drawing Sheet 4 & 7
f. Attachment F: Plan/Drawing Sheet 18
City of F a y e t t e v i l le, AR
Bid 2 3- 4 4, Addendum 1
Page 313
Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701
Page 118 of 286
Bid 23-44, Addendum 2
Date: Wednesday, November 1, 2023
To: All Prospective Vendors
CITY OF
W;M FAYETTEVILLE
ARKANSAS
From: Amanda Beilfuss — 479.575.8220 — abeilfuss@fayetteville-ar.p_ov
RE: Bid 23-44, Construction — MLK Interchange Utility Relocations (15th Street), Phase 1
This addendum is hereby made a part of the contract documents to the same extent as though it were originally
included therein. Interested parties should indicate their receipt of same in the appropriate blank of the Bid.
BIDDERS SHALL ACKNOWLEDGE THISADDENDUM ON THE DESIGNATED LOCH TION ON THE BID FORM.
1. Specifications: The following are changes/additions to the Detailed Specifications:
a. SPECIFICATIONS —SECTION 00400, BID FORM (pages 27-38 of Project Manual)
i. The revised Bid Form shall replace the original Bid Form in its entirety (see Attachment A of
this addendum).
b. SPECIFICATIONS —SECTION 01271, MEASUREMENT AND PAYMENT (pages 149-170 of Project
Manual)
i. The revised Measurement and Payment shall replace the original Measurement and
Payment in its entirety (see Attachment B of this addendum).
2. Line Item Pricing: There have been edits and additions made to the Line Item Pricing. Also, please advise,
the order of the Line Items has also been adjusted. Please refer to the 'Line Items' tab on the online
bidding portal for these revisions.
3. Addendum Attachments:
a. Attachment A: Revised SECTION 00400, BID FORM
b. Attachment B: Revised SECTION 01271, MEASUREMENT AND PAYMENT
C i t y o f F a y e t t e v i l l e, A R
B d 2 3 - 4 4 , A, d d e n d u m 2
a t e 1 I 1
Telecommunications Device for the Deaf TDD (479) 521-1316
113 West Mountain - Fayetteville, AR 72701
Page 119 of 286
1411 HAWKI N S AWE I R
E N G I N E E R S, I N C.
Engineering Client Success
December 04, 2023
Mr. Corey Granderson, P.E.
Utilities Engineer
City of Fayetteville
113 West Mountain Street
Fayetteville, Arkansas 72701
Re: Utility Relocation 1-49/15th Street Interchange
Project No. 23-44
HW Project No. 2022129
Dear Mr. Granderson:
As you are aware, on November 7, 2023, at 2:00 p.m. bids were received for the above
referenced project. The apparent low bid was submitted by Privcon Development, Inc. of Jacksonville,
Arkansas in the amount of $2,837,626.49. Privcon withdrew their bid on November 29, 2023. Brothers
Construction Inc. is the apparent low bidder. A total of five (5) bids were received and the totals are
shown below:
Bid Amount
Privcon Development, Inc.
$2,837,625.49 — Bid withdrawn on 11i29/23
Brothers Construction Inc.
$3,963,291.00
KAJACS Contractors, Inc.
$4,000,000.00
Timco Blasting & Coatings Inc.
$6,418,600.00
Tri Star Contractors LLC
$9,688,990.86
We have reviewed the Certified Bid Tabulation prepared by the City of Fayetteville, and we
recommend that the City of Fayetteville award a contract for the project to Brothers Construction Inc.
in the amount of $3,963,291.00. We have worked with Brothers Construction Inc. on past projects
and their performance to date has been satisfactory. We understand you will present the bid tabulation
and our recommendation to the City Council of the City of Fayetteville for their consideration at the
December 2023 or January 2024 meeting. We will attend the meeting if necessary and be available
to answer any questions.
We trust that this is satisfactory for your review and consideration. If you have any questions.
or require any additional information, please do not hesitate to call.
Sincerely,
HAWKINS-WEIR ENGINEERS, INC.
Oren Noble, P.E.
CON/clk
110 So. 7th Street • P.O. Box 648 • Van Buren, AR 72957 • Pli: (479) 474-1227 • Fax: (479) 474-8531
211 Natural Resources Drive • Little Rock, AR 72205 • Ph: (501) 374-4846
516 East Millsap Road • Suite 103 • Fayetteville, AR 72703 • Ph: (479) 455-2206
403 Garrison Avenue
Suite 101 • Fort Smith, AR 72901
www.hazukins-weir.coin
Ph: (479) 242-4685
2022129\CG120423ON Letter of Recommendation.dou
Page 120 of 286
ARKANSAS DEPARTMENT OF TRANSPORTATION
YOF
ARDOT.9ov I IDriveArkansas.conn Lorie H. Tudor, P.E., Director
KANSAS DEPARTMENT 10324 Interstate 30 1 P.O. Box 2261 Little Rock, AR 72203-2261 TRANSPORTATION Phone:501.569.2000 1 Voice/TTY 7111 Fax:501.569.2400
December 12, 2023
Mr. Corey Granderson
City of Fayetteville
113 W. Mountain St.
Fayetteville, AR 72703
RE: Job 040846 (Utilities)
Hwy. 62 Intchng. Impvts.
(Fayetteville)(F)
Route 1-49 Section 28
Washington County
Dear Mr. Granderson:
Your consultant's letter dated November 9, 2023, transmitted copies of bids and the bid
tabulation sheet covering work to be performed on the above captioned job. The letter
requested that the Department concur in the award of the contract to the low bidder,
Privcon Developments, Inc., who has since withdrawn their bid. Your letter dated
December 5, 2023 requested that the Department concur in the award of the contract to
the next low bidder, Brothers Construction Inc. in the amount of $3,963,291.00.
The bids have been checked and we concur in the request to award the contract to the
named contractor. Enclosed is Change Order Two reflecting this low bid which was
approved on December 11, 2023.
This is your authorization to proceed with the execution of the contract covering the
adjustment work. Please furnish this office two (2) copies of the contract specification
complete with the executed contract agreement.
Upon receipt of these documents and finding them in order, a work order covering the
adjustments will be issued. Work under this contract shall not be started prior to the
issuance of the work order.
C: "C" Files
District Engineer
Resident Engineer #43
"U" File
Hawkins -Weir
Job Filcs\Job #\Utility\Authorization to Bid
Sincerely,
Keith Mashburn
Utility Coordinator
Utilities Section Right
of Way Division
Revised August 8, 2017
Page 121 of 286
ARKANSAS STATE HIGHWAY COMMISSION
UTILITY CHANGE ORDER
UTILITY City of Fayetteville CHANGE ORDER NO. One
JOB NO. 040846 FAP NO.
ROUTE 1-49
COUNTY Washington
NHPP-9142(51) JOB NAME Hwy. 62 Intchng. Impvts.
SECTION 28
(Fayetteville)(F)
DESCRIPTION OF CHANGE:
Update Construction Cost from the amount entered on the agreement of $4,367,875.00 to the low bid amount of
$2,837,625.49, which results in a decrease of $1,530,249.51.
REASON FOR CHANGE:
Update Construction Cost based on low bid received. Review by coordinator shows minor change in quantities.
Item Description
Present Amount
Revised Amount
Increase
(Decrease)
Phase I
Phase I
Construction
$4,367,875.00
$2,837,625.49
($1,530,249.51)
Preliminary Engineering
$544,550.00
$544,550.00
$0.00
Construction Engineering
$294,800.00
$294,800.00
$0.00
Easement Acquisition
$99,021.00
$99,021.00
$0.00
Advertising
$1,000.00
$1,000.00
$0.00
ADH Review Fee
$500.00
$500.00
$0.00
$0.00
TOTAL
$5,307,746.00
$3,777,496.49
($1,530,249.51)
COMPUTATION OF REIMBURSABLE AMOUNT:
Reimbursable Percentage: 100.00%
Present Amount
$5,307,746.00
Reimb. % 100.00%
$5,307,746.00
Revised Amount
$3,777,496.49
IReimb. % 100.00%
$3,777,496.49
Underrun
($1,530,249.51)
Requested
Coordinator
Recommended 56.4� aa4,;t �&
Section Head-Utili66s Section
Approved 1 I t
Right of ray Division ;ad
Authorized ��-
Asst. Chief ,sneer -Design
Date 11-15-2023
Date 11-15-2023
Date 11 /15/2023
Date 11-16-2023
Job Files\Job #\Funding
Page 122 of 286
ARKANSAS STATE HIGHWAY COMMISSION
UTILITY CHANGE ORDER
UTILITY City of Fayetteville CHANGE ORDER NO. Two
JOB NO. 040846 FAP NO.
ROUTE 1-49
COUNTY Washington
NHPP-9142(51) JOB NAME Hwy. 62 Intchng. Impvts.
SECTION 28
(Fayetteville)(F)
DESCRIPTION OF CHANGE:
Update Construction Cost from the amount entered on change order one of $2,837,625.49 to the revised amount of
$3,963,291.00, which results in an increase of $1,125,665.51.
REASON FOR CHANGE:
Update Construction Cost due to the low bid contractor being unable to fulfill the contract requirements. The
revised Construction Cost is based on the second low bid, as recommended by the Owner.
Item Description
Present Amount
Revised Amount
Increase
(Decrease)
Phase I
Phase I
Construction
$2,837,625.49
$3,963,291.00
$1,125,665.51
Preliminary Engineering
$544,550.00
$544,550.00
$0.00
Construction Engineering
$294,800.00
$294,800.00
$0.00
Easement Acquisition
$99,021.00
$99,021.00
$0.00
Advertising
$1,000.00
$1,000.00
$0.00
ADH Review Fee
$500.00
$500.00
$0.00
$0.00
TOTAL
$3,777,496.49
$4,903,162.00
$1,125,665.51
COMPUTATION OF REIMBURSABLE AMOUNT:
Reimbursable Percentage: 100.00%
Present Amount
$3,777,496.49
Reimb. % 100.00%
$3,777,496.49
Revised Amount
$4,903,162.00
IReimb. % 100.00%
$4,903,162.00
Overrun
$1,125,665.51
Requested
Coordinator
Recommended'F&Z�"-
Section Head-U g ities Section
Approved 1 �2- L . l
Right of WV ay Division Hea '
Authorized
Asst. Chief 11 ,per -Design
Date 12-5-2023
Date 12-6-2023
Date 12/6/2023
Date 12-11-2023
Job Files\Job #\Funding
Page 123 of 286
Rev. 11 /09/2022
ARKANSAS STATE HIGHWAY COMMISSION
HIGHWAY - UTILITY CONSTRUCTION/RELOCATION AGREEMENT
State Job No 040846 (Utilities) County Washington
Federal Aid Project NHPP-9142(51
Job Location Hwy. 62 Intchng. Impvts.
(Fayetteville)(F)
Route 1-49 Section 28
Utility Owner City of Fayetteville
THIS AGREEMENT, made andentered into this 12th day of
September, 2023, by and between the Arkansas State Highway Commission,
acting by and through the duly authorized representatives of the Arkansas Department
of Transportation, with headquarters at Little Rock, Arkansas, hereinafter referred to
as the "Department," and the City of Fayetteville, Arkansas acting by and through
its duly authorized representatives, hereinafter referred to as the "Owner"
WITNESSETH:
The Department proposes to make highway improvements as specified under the
above referenced job number and the Owner will adjust or relocate its existing facilities as
set out in the attached plans and cost estimate.
The Department will participate in the cost of said adjustment/relocation to the extent
that eligibility is hereinafter established.
Payment will be made on actual cost basis as mutually agreed between Owner and
Department.
This agreement is governed by all applicable State and Federal laws, rules, and
regulations including the Arkansas State Highway Commission Utility Accommodation Policy
adopted by Commission Minute Order 2010-146 as amended and supplemented, the Federal
Aid Program Guide on Utility Adjustments and Accommodation on Federal Aid Highway
Projects as amended and supplemented, and the provisions of 23 CFR § 645 as amended
and supplemented.
DESCRIPTION OF WORK: See Exhibit A on Page 4
The Department agrees that the required adjustment is 100% eligible for
reimbursement for the total cost which is estimated to be $5,307,746.00 of
which $5,307,746.00 is to be paid by the Department and $0.00 is to be borne by Owner.
Page 1 of 4
Page 124 of 286
Rev. 08/07/2017 Job 040846
City of Fayetteville
Owner will not commence work until authorized by the Department, and will then
endeavor to begin within 180 calendar days and complete within 300 calendar days
thereafter.
On completion of said work, Owner is responsible for the cleanup and restoration of
the work area including the disposal of surplus materials and debris.
Final billing must include all supporting detail. Owner shall also submit one (1) set of
as -built drawings at this time.
Payment will be 100% of lump sum bills and actual cost bills, at the discretion of the
Department a 10% retainage can be withheld and released upon completion of an audit
review. All final bills for utility relocation are subject to review and audit by state and/or federal
auditors.
Expenses incurred under an actual cost agreement may be billed to the Department
monthly in increments of $5,000.00 or more.
Owner must maintain cost records and accounts to support the agreed
adjustment/relocation work. Said records to be retained and available for inspection for a
period of three (3) years from date of final payment.
Owner shall be responsible for any and all hazards to persons, property, and traffic.
With respect to traffic control, Owner shall adhere to the requirements of the Manual
of Uniform Traffic Control Devices as amended and supplemented.
To the extent applicable to this agreement, the Owner shall comply with the Buy
America and Build America, Buy America requirements (as specified in 23 U.S.C. 313, 23
CFR 635.410 and the Infrastructure Investment and Jobs Act (IIJA)). The Owner is not
required to change its existing standards for materials as long as these requirements are
met. These requirements take precedence over regulations pertaining to the accommodation
or regulation of the Owner's facilities (as specified in 23 CFR 645) on contracts and
agreements involving Federal -Aid Highway Program funding and precedence over
regulations which allow the Owner to furnish materials from company stock (as specified on
23 CFR 645.117(e)). Company Stock materials that do not meet these requirements may not
be permanently incorporated into a Federal -Aid Highway Program funded project. The Owner
must provide a definitive statement that all products permanently incorporated into the project
are covered under these requirements. This requirement is fulfilled via proper signature and
submission of the statement of charges form. In some circumstances, a waiver of these
requirements may be granted by the Federal Highway Administration, to be determined on a
project -by -project basis.
Page 2 of 4
Page 125 of 286
Rev. 08/07/2017
Job 040846
City of Fayetteville
Owner shall be responsible for and shall hold harmless the Arkansas State Highway
Commission, the Department and their officers and employees from any and all claims,
actions, causes of action, suits, damages, losses or liability whatsoever, arising out of
Owner's performance of the work subject to this Agreement.
Notwithstanding anything hereinbefore written, neither the Owner nor the Department
by execution of this Agreement waives or relinquishes any rights which either may legally
have within the limits of the Law or Constitution, either State or Federal.
City of Fayetteville
L.1one ld .Ibrdan
Name (Typed or Printed)
Title
ARKANSAS HIGHWAY COMMISSION
Acting By and Through The
ARKANSAS DEPARTMENT of
TRANSPORTATION
(For) Dir -ir
) �Q -:- 7. �
Right of Way Division Head
ature j / for Section Head -Utilities Section
FEDERAI_ TAXPAYER IDENTIFICATION #
)<u a dtx+-D+n
Name (Typed or Printed)
�111111111
-TUI K i r
Title �.�`�G•' •�T Y • R�
.
•n
Signature Y�TVt �':
Page 3 of 4
Page 126 of 286
Rev. 08/07/2017 Job 040846
City of Fayetteville
EXHIBIT A
This agreement has been prepared to address the Phase 1 (15th St. Relocation) portion
of this project. Phase II (Hwy. 62 Relocation) portion will be included via change order at
a later date.
Adjust water facilities to clear highway construction by abandoning 1,260 LF of 24" water
main complete with appurtenances. Restore service by installing 2,014 LF of 18" water
main complete with appurtenances.
Adjust sewer facilities to clear highway construction by abandoning 400 LF of 24" sewer
main and 778 LF of 12" sewer main complete with appurtenances. Restore service by
installing 399 LF of 30" sewer main, 15 LF of 24" sewer main, and 216 LF of 12" sewer
main complete with appurtenances.
All of the facilities to be abandoned are located on private property; therefore, this work
is 100% reimbursable. Owner will perform this work by competitively bid contract forces.
Owner has elected to utililize O.R. Colan for easement acquisition services, as allowed
under the existing CMGC contract for this project.
Summary of Cost
Construction
$
4,367,875.00
Preliminary Engineering
$
544,550.00
Construction Engineering
$
294,800.00
Easement Acquisition
$
99,021.00
Advertising
$
1,000.00
ADH Review Fee
$
500.00
TOTAL COST
$
5,307,746.00
Reimbursable Cost $5,307,746.00 X 100%
_ $5,307,746.00
Page 4 of 4
Page 127 of 286
Mashburn, Keith A.
From: Granderson, Corey <cgranderson@fayetteville-ar.gov>
Sent: December 5, 2023 4:24 PM
To: Mashburn, Keith A.
Cc: Oren Noble
Subject: MILK 15th Street Area - Fayetteville Bid Award
Attachments: Bid 23-44, Bid Tab - Final.pdf, RE: Privcon Bid for 1-49/15th Street Interchange Utility Relocation; Bid
Withdrawal for Bid 23-44
CAUTION: This email originated from outside of ARDOT. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Keith,
PrivCon Developments, Inc. was low -bidder at $2,837,625.49 but their bonding company would not bond the
project due to discrepancy in cost to next low bidder and engineer's estimate. Therefore the next low bidder is
Brothers Construction, Inc. with a bid of $3,963,291.00. The updated Bid Tabulation from our Purchasing
Department is attached.
Privcon's insurance provider (Kevin Bruick @ Cadence Insurance) has provided email correspondence
explaining the bonding rejections. Furthermore, the owner of Privcon, Jerry Smith, Jr. has formally requested
the withdraw for these reasons. Both of these emails are attached for reference.
If you need anything further don't hesitate to ask. Thanks for your assistance.
Best,
Corey W. Granderson, P.E.
Utilities Engineer
City of Fayetteville, Arkansas
carandersonBfavetteville-ar.aov
479.444.3452
www.fayetteville-ar.gov
CITY OF
PAYETTSVILLS
•RKANSAS
Page 128 of 286
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF DECEMBER 28, 2023
CITY COUNCIL MEMO
2023-1547
TO:
Mayor Jordan and City Council
THRU:
Susan Norton, Chief of Staff
FROM:
Tim Nyander, Utilities Director
DATE:
December 14, 2023
SUBJECT:
Approval of a Resolution authorizing the City Attorney to seek condemnation and an
order of possession for the remaining easements necessary for the Highway 16
Utility Relocations project.
RECOMMENDATION:
Staff recommends City Council approval of a Resolution authorizing the City Attorney to seek condemnation
and an order of possession for the remaining easements necessary for the Highway 16 Utility Relocations
project.
BACKGROUND:
The Arkansas Department of Transportation (ArDOT) has requested utility relocations to prepare for the
widening of Highway 16 from Stonebridge Road to E. Roberts Road. The City of Fayetteville and ArDOT
entered into a Utility Relocation Agreement on July 12, 2023 which notes that the water and sanitary sewer
relocations for this project are estimated to cost approximately $4,748,216.08, subject to public bidding.
$1,328,286.00 of this total is considered "betterment" where larger lines are replacing smaller lines to meet
current and future capacity needs. The relocations are estimated to be 42.49% reimbursable to the City of
Fayetteville by ARDOT. Based on the estimated costs with betterments removed, this would result in ARDOT
funding $1,453,128.29 and the City of Fayetteville $3,295,087.71. The actual costs of construction will
determine final contributions from each party.
DISCUSSION:
The project design required permanent easements to be obtained on 30 tracts along the project corridor.
However, at this time there are still 7 tracts that have not been settled. The City is approaching deadlines as
set forth in our ARDOT Relocation Agreement. Namely, that construction start by April 7th, 2024. In order to
stay on this critical path, the project will bid in January and work towards committee/council contract approvals
in February and March. Meanwhile, all easements must be secured before a contractor can begin work.
BUDGET/STAFF IMPACT:
The payment for land acquisition will be made from the Water & Sewer Utility Relocations account. The
agenda item staff review form indicates $59,355.00 as the cost of this request. It should be noted that this is an
estimate, based on the appraised value of the properties, and that the final cost is subject to negotiation with
the property owners or court order. The appraised value will be deposited into the Registry of the Circuit Court
as just compensation when the condemnation complaint is filed for the property so the city will be able take
immediate possession of the easements.
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Page 129 of 286
ATTACHMENTS: SRF Highway 16 Easements, Summary List of Easements, Easements
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Page 130 of 286
== City of Fayetteville, Arkansas
Y 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
- Legislation Text
File #: 2023-1547
Approval of a Resolution authorizing the City Attorney to seek condemnation and an order of
possession for the remaining easements necessary for the Highway 16 Utility Relocations project.
A RESOLUTION TO AUTHORIZE THE CITY ATTORNEY TO SEEK CONDEMNATION AND
POSSESSION OF CERTAIN LANDS OWNED BY INDIVIDUALS NEEDED FOR THE HIGHWAY
16 UTILITY RELOCATIONS PROJECT
WHEREAS, the City of Fayetteville has been unable to negotiate the acquisition of easements on 6
properties needed to complete the Highway 16 Utility Relocations Project; and
WHEREAS, the City of Fayetteville needs to gain possession of these needed properties promptly to
begin work on this public improvement and to not delay construction of the project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City
Attorney to file suit to seek court -ordered possession of property located on or near the Highway 16
Utility Relocations Project and owned by Ramy Gatie and Lindsey Marie Schaefer, that is needed for a
water/sewer easement for the Project, and to pay into the registry of the Circuit Court just compensation
in the amount of $10,500.00.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City
Attorney to file suit to seek court -ordered possession of property located on or near the Highway 16
Utility Relocations Project and owned by J&N Rent and Store, that is needed for a water/sewer
easement for the Project, and to pay into the registry of the Circuit Court just compensation in the
amount of $4,000.00.
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City
Attorney to file suit to seek court -ordered possession of property located on or near the Highway 16
Utility Relocations Project and owned by the Frederick Family Revocable Living Trust, that is needed
for a water/sewer easement for the Project, and to pay into the registry of the Circuit Court just
compensation in the amount of $8,500.00.
Section 4: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City
Attorney to file suit to seek court -ordered possession of property located on or near the Highway 16
Utility Relocations Project and owned by Roger Dale Mitchell, that is needed for a water/sewer
easement for the Project, and to pay into the registry of the Circuit Court just compensation in the
Page 1
Page 131 of 286
Resolution:
File Number. 2023-1547
amount of $2,100.00.
Section 5: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City
Attorney to file suit to seek court -ordered possession of property located on or near the Highway 16
Utility Relocations Project and owned by the Doris Faye Roberts Trust, that is needed for a water/sewer
easement for the Project, and to pay into the registry of the Circuit Court just compensation in the
amount of $27,555.00.
Section 6: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City
Attorney to file suit to seek court -ordered possession of property located on or near the Highway 16
Utility Relocations Project and owned by Sarah E. Pierson, that is needed for a water/sewer easement for
the Project, and to pay into the registry of the Circuit Court just compensation in the amount of
$6,700.00.
Page 2
Page 132 of 286
Tim Nyander
Submitted By
City of Fayetteville Staff Review Form
2023-1547
Item ID
1/2/2024
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
12/14/2023 WATER SEWER (720)
Submitted Date Division / Department
Action Recommendation:
Staff recommends City Council approval of a Resolution authorizing the City Attorney to seek condemnation and an
order of possession for the remaining easements necessary for the Highway 16 Utility Relocations project.
Budget Impact:
5400.720.5600-5810.00
Water & Sewer
Account Number Fund
11011.2102 Water & Sewer Utility Relocations
Project Number
Budgeted Item? Yes
Does item have a direct cost? Yes
Is a Budget Adjustment attached? No
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$
5,903,062.00
$
2,132,860.89
3,770,201.11
$
59,355.00
Previous Ordinance or Resolution #
Approval Date:
3,710,846.11
V20221130
Page 133 of 286
Easement Tracts for Condemnation
Highway 16 Utility Relocations Project
Tract
Owner
Amount
02
GATIE, RAMY & SCHAEFER, LINDSEY MARIE
$ 10,500.00
10
J&N RENT AND STORE LLC
$ 4,000.00
19
FREDERICK FAMILY REVOCABLE LIVING TRUST
$ 4,400.00
19
FREDERICK FAMILY REVOCABLE LIVING TRUST
$ 4,100.00
23
MITCHELL, ROGER DALE;
$ 2,100.00
26
ROBERTS, DORIS FAYE TRUST
$ 27,555.00
28
PIERSON, SARAH E
$ 6,700.00
Tract 19 has two appraisals due to zoning differences
59,355.00
Page 134 of 286
GATI E, RAMY & SCHAEFER, LI N DSEY MARI E
Tract No. 02
Page 135 of 286
W41F
CITY OF
FAYETTEVILLE
ARKANSAS
December 5, 2023
Ramy Gatie & Lindsey Schaefer
3220 E Huntsville Road
Fayetteville, AR 72701
RE: Hwy 16 East Utility Relocation
Parcel Nos. 765-02282-001 & 765-02322-000 Tract 2
Offer to Purchase Easement
Dear Mr. Ramy & Ms. Schaefer:
The City of Fayetteville needs to promptly relocate water and sewer utilities, as required by the Arkansas Department of Transportation
for their upcoming project to widen Highway 16 between S. Stone Bridge Rd. and S. Roberts Rd.
Arkansas Department of Transportation time limitations require that we must obtain signed easements or Court ordered possessory rights
for every necessary prior to approving construction contracts in early February 2024. Therefore, we will have to ask the Fayetteville Council on January 2, 2024 to authorize condemnations on every parcel that we have not yet received a properly signed easement. City
Even if a condemnation must be filed on your property, we prefer reaching fair settlements with you and every other landowner. In years
past, the City of Fayetteville has had to acquire hundreds of water and sewer easements and street rights -of -way. To ensure these
projects could be built timely, the City Council had to authorize many condemnations for these projects. However, the City continued
negotiations and only once did any condemnation actually have to be decided in a trial. There is a brochure enclosed explaining the
process.
Please accept our counteroffer of $10,500 as per the professional appraisal for this vital easement across your property now to help
us ensure continued service to residential and business consumers needing sufficient water to drink, bathe, wash, and operate; and to
provide our firefighters with sufficient firefighting water.
The water/sewer easement document we previously sent to you should be executed by all parties with current ownership interest in the
particular property. If you have misplaced this document, please let us know and we will send a new copy to you. The document should
be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness and notarize the execution of the
documents upon your request. A payment check will be requested upon receipt of all necessary documents by the City, and we will mail
your check for full payment promptly. We will provide a copy of the recorded documents upon your request. Please provide us with a
Social Security Number or a Tax Identification Number (Corporation) so that a check can be written. A W-9 was provided for this purpose,
but we will provide another copy upon your request.
A Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the associated easements and
acquisitions, please contact Cassie Elliott at 1-8897 (ca
gineer ssie onvisionarymilestones com). For engineering questions or concerns,
please contact Andrew Stephens, Project Engineer, 479-443-2377, astephens(a mce us com or Corey Granderson, Utilities Engineer at
(cgranderson@fayetteville-ar aov).
With kindest regards,
Land Agent g t
Visionary Milestones, Inc.
PO Box 486
Siloam Springs, AR 72761
Enc
Mailing Address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Page 136 of 286
File: 23-017
Location: County: Washington Tract
Fee Ow 3220 E. Huntsville Road, Fa 02
Owner(s) Ramy Gatie and Lindsey Schaefer
Mlle AR 72701
Address;
Phone: N/A
E- Huntsville Road, Fayetteville AR 72701
Tenant(S): N/A
Area Of Whole: Area Of Remainder: 128,502+/- sq. ft. ��ane�nt(s):
Area Of Acquisition: 128,502+/_ sq. ft. Temporary 0 +/- sq. ft Easement(s): 9,541 +/_ SF
2,193+_ SF
ESTIMATED FAIR MARKET VALUE OF THE
Land: Before PROPERTY
128,502+/- SF @ $2.10 (Rounded)
Site Improvements Within Acquisition:
$ Total: $ 269,900
N/A
Land: I2After $ 269,900
Improvemeents:nts: +/_ SF @ $ 2.02 (Rounded)
Total: $ 259,900
$ 0
FAIR MARKET VALUE OF ACQUISITION;
$ 259,900
Temporary Construction Easement: Rental Value $
10,000
Total Compensation as of: November 13, 2023 $
500
Land: ALLOCATION OF COMPENSATION S 10,500
Permanent Easement:
Temporary Easement- Rental Value $ 0
Site Improvements within Acquisition:$ 10,000
Damage to Remainder Land: $
500
$
Cost to Cure Items: $ 0
0
Total Compensation: $
0
Stuart Sanders, CG1738
Ontime Appraisals, Inc.
w\ • 51.4� •�
CEI1I:ILI3 ;=: -
%o'a • CG772S r
G
/tp Ira
10 500
Page 137 o� 286
Parcel No. 765-02282-001 & 765-02322-000
Tract No. 2
WATER/SEWER EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT WE, Ramy Gatie and Lindsey Marie Schaefer, husband and wife,
hereinafter called GRANTOR, for and in consideration of the sum of One Dollar
($1.00) and other good and valuable consideration, the receipt of which is hereby
acknowledged, does hereby GRANT, SELL and CONVEY unto the City of
Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE,
and unto Grantee's successors and assigns, a permanent easement and a
temporary construction and grading easement to construct, lay, remove, relay,
inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines,
manholes, grantee owned fiber optic equipment and appurtenances thereto, on,
over, across, and under the following described land situated in the County of
Washington, State of Arkansas, to -wit:
PROPERTY DESCRIPTION: (as shown in deed record 2022-00003631 and 2021-00046200)
Part of the Southeast Quarter (SE1/4) of the Southwest Quarter (SW1/4) of Section Thirteen (13),Township
Sixteen (16) North. Range Thirty (30) West, Washington County, Arkansas, and being more particularly described
as follows, to wit: Beginning at a point which is 1787.5 feet East of the Northwest corner of the South half (S1/2) of
the Southwest Quarter (SW1/4) of said Section Thirteen (13) and running thence South 01 degrees 01 minutes
East 889 feet to the center line of State Highway 16, thence North 74 degrees 16 minutes East along said highway
centerline 114 feet, thence North 01 degrees 01 minutes West 858 feet to the forty line, thence West 110 feet to
the point of beginning, containing 2.20 acres, more or less.
And also
Part of the Southeast Quarter (SE1/4) of the Southwest Quarter (SW1/4) of Section Thirteen (13), Township
Sixteen (16) North. Range Thirty (30) West, Washington County, Arkansas and being more particularly described
as beginning at a point 629.96 feet West and 820 feet North of the SE corner of said 40 acre tract, thence West
100 feet; thence South 358 feet, more or less, to a point in the centerline of State Highway 16, thence following
said centerline in a northeastwardly direction to a point that is due South of the point of beginning, thence North to
the point of beginning.
PERMANENT EASEMENT DESCRIPTION:
Part of the Southeast Quarter (SE1/4) of the Southwest Quarter (SW1/4) of Section 13, Township 16 North.
Range 30 West, Washington County, Arkansas, being more particularly described as follows:
Commencing at the southwest corner of said SE1/4; thence along the south line of said SE1/4, S 87°17'16" E -
489.88 feet; thence leaving said south line, N 01 °33'07" E - 515.41 feet to a point on the Grantor's west line,
and to the Point of Beginning (POB ESMT); thence continuing along said west line, N 01 °33'07" E - 21.70 feet;
thence leaving said west line, N 76'06'47" E - 211.47 feet; thence S 86'18'44" E - 7.90 feet to the Grantors east
line; thence along said east line, S 01 '26'57" W - 30.69 feet to the proposed north Right -of -Way (ROW) of
Arkansas Highway 16 (ARDOT Job #040785); thence leaving said east line S 23°39'25" W - 46.03 feet along said
ROW; thence continuing along said north line, S 82°53'27" W - 83.99 feet; thence leaving said north line, N
01 °26'57" E - 22.28 feet; thence S 87038'58" W - 26.39 feet; thence along a tangent curve to the left, an arc
distance of 86.01 feet, said curve having a radius of 577.96 feet, and a chord bearing and distance of S 83°23'10"
W - 85.93 feet; to the Point of Beginning (POB ESMT), containing 9,541 sq. ft., or 0.22 acres.
TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION:
Part of the Southeast Quarter (SE1/4) of the Southwest Quarter (SW1/4) of Section 13, Township 16 North,
Range 30 West, Washington County, Arkansas, being more particularly described as follows.
Commencing at the southwest corner of said SE1/4; thence along the south line of said SE1/4, S 87°17'16" E -
489.88 feet; thence leaving said south line, N 01 033'07" E - 537.11 feet to a point on the Grantor's west line,
and to the Point of Beginning (POB TCE); thence along said west line, N 01 '33'07" E - 10.37 feet;
thence leaving said west line, N 76°06'47" E - 210.25 feet; thence S 86'18'44" E - 9.05 feet to the Grantor's east
Page 138 of 286
line; thence along said east line, S 01 °26'57" W - 10.01 feet:
Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment
of the rights herein granted.
This temporary construction and grading easement as conditioned above, shall terminate when the hereinabove
referenced project has been completed by the contractor and accepted by the City of Fayetteville, Arkansas.
It is expressly understood that the above temporary construction and grading easement shall exclude any
permanent structure presently located within said temporary construction and grading easement area.
TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines,
manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate
first hereinabove described for the uses and purposes hereinabove set forth.
The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said
Grantee, which hereby agrees to bury all pipes, where feasible, to a sufficient depth so as not to interfere with cultivation of
soil, and that manholes will be constructed flush with the surface of the ground except in bottom lands where they shall be at
a height above high water.
The Grantor agrees not to erect any buildings or structures in said permanent easement.
The Grantee shall have the right to construct additional pipelines upon the above described easement at any time in
the future and agrees to pay any damages as a result of such future construction as set out in this easement.
It is further understood that Grantee's easement shall be exclusive and that Grantor and/or Grantor's successors
shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express
written permission of Grantee.
The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby
granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal
representatives, successors and assigns of the parties hereto.
It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without
authority to make any covenant or agreement not herein expressed.
WITNESS the execution hereof on this the day of
Ramy Gatie
STATE OF ARKANSAS
COUNTY OF
Lindsey Marie Schaefer
ACKNOWLEDGMENT
ss.
2023.
BE IT REMEMBERED, that on this date. before the undersigned, a duly commissioned and acting Notary Public
within and for said County and State, personally appeared Ramy Gatie and Lindsey Marie Schaefer,
me well known as the persons who executed the foregoing document, and whhusband and wife, to
o stated and acknowledged that they had so
signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth.
WITNESS my hand and seal on this day of
MY COMMISSION EXPIRES:
otary Public
2023.
Page 139 of 286
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LEGEND
765-02282-001 TAX PARCEL NUMBER =�
PROPOSED RIGHT-OF-WAY
2022/3631 DEED RECORD �_______
[�`�__� PROPOSED UTILITY EASEMENT
EXISTING PROPERTY LINE E PROPOSED TEMP. CONST. EASEMENT
BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY)
zI. IwT
o7/Y7/2023 i."' HWY 16 UTILITY RELOCATIONS ®�-MCCLELLAND
,GE 7 EXHIBIT "A" FAYETTEVILLE, AR MR CONSUL77NG
AS MED 21-2121 MAP TRACT02 —ENGINEERS, INC.
1580 E. STEARNS ST.
EX— 1 GATIE, RAMY & SCHAEFER, LINDSEY MARIE FAYETTEVILLE, AR 72703
(479) 443-2377
r v:,,www.n�e.us.can
Page 140 of 286
AN RENT AND STORE LLC
Tract No. 10
Page 141 of 286
CITY OF
FAYETTEVILLE
ARKANSAS
December 5. 2023
J & N Rent and Store
Mr. & Mrs. Nathan Harris
18758 Duncan Road
Fayetteville, AR 72701
RE: Hwy 16 East Utility Relocation
Parcel Nos. 765-14262-000 Tract 10
Offer to Purchase Easement
Dear Mr. & Mrs. Harris:
The City of Fayetteville needs to promptly relocate water and sewer utilities, as required by the Arkansas Department of Transportation
for their upcoming project to widen Highway 16 between S. Stone Bridge Rd. and S. Roberts Rd.
Arkansas Department of Transportation time limitations require that we must obtain signed easements or Court ordered possessory rights
for every necessary prior to approving construction contracts in early February 2024. Therefore, we will have to ask the Fayetteville City
Council on January 2, 2024 to authorize condemnations on every parcel that we have not yet received a properly signed easement.
Even if a condemnation must be filed on your property, we prefer reaching fair settlements with you and every other landowner. In years
past, the City of Fayetteville has had to acquire hundreds of water and sewer easements and street rights -of -way. To ensure these
projects could be built timely, the City Council had to authorize many condemnations for these projects. However, the City continued
negotiations and only once did any condemnation actually have to be decided in a trial. There is a brochure enclosed explaining the
process.
Please accept our counteroffer of $4,000 as per the professional appraisal for this vital easement across your property now to help us
ensure continued service to residential and business consumers needing sufficient water to drink, bathe, wash, and operate; and to
provide our firefighters with sufficient firefighting water.
The water/sewer easement document we previously sent to you should be executed by all parties with current ownership interest in the
particular property. If you have misplaced this document, please let us know and we will send a new copy to you. The document should
be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness and notarize the execution of the
documents upon your request. A payment check will be requested upon receipt of all necessary documents by the City, and we will mail
your check for full payment promptly. We will provide a copy of the recorded documents upon your request. Please provide us with a
Social Security Number or a Tax Identification Number (Corporation) so that a check can be written. A W-9 was provided for this purpose,
but we will provide another copy upon your request.
A Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the associated easements and
acquisitions, please contact Cassie Elliott at 479-531-8897 (cassie _visionarymilestones.com). For engineering questions or concerns,
please contact Andrew Stephens, Project Engineer, 479-443-2377, astephensCcDmce.us.com or Corey Granderson, Utilities Engineer at
(cgranderson(&fpyetteville-ar.gov).
With kindest regards,
Cassie Elliott, Land Agent
Visionary Milestones, Inc.
PO Box 486
Siloam Springs, AR 72761
Enc
Mailing Address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Page 142 of 286
File: 23-023 C,�unty: Washington Tract
10
Location: 3530 E. Huntsville Road. Fayetteville AR 72701
Fee Owner(S): J&N Rent and Store
Address: 18758 Duncan Road, Fayetteville AR 72701
Phone: N/A
Tenant(S): N/A
Area Of Whole: 180,774+/- sq. ft. Permanent Easement(s): 3,611+/- SF
Area Of Remainder: 180,774+/- sq. ft. Temporary Easement(s): 1,444+- SF
Area Of Acquisition: 0 +/- sq. ft
ESTIMATED FAIR MARKET VALUE OF THE PROPERTY
Before
Land: 180,774+/- SF @ $2.03 (Rounded) $ 367,000
Site Improvements Within Acquisition: $ N/A
Total: $ 367,000
After
Land: 180,774+/- SF @ $ 2.00 (Rounded) $ 363,300
Improvements: $ 0
Total: $ 363,000
FAIR MARKET VALUE OF ACQUISITION: $ 3.700
Temporary Construction Easement: Rental Value $ 300
Total Compensation as of: November 13, 2023 $ 4,000
ALLOCATION OF COMPENSATION
Land: $ 0
Permanent Easement: $ 3,700
Temporary Easement: Rental Value $ 300
Site Improvements within Acquisition: $ 0
Damage to Remainder Land: $ 0
Cost to Cure Items: $ 0
Total Compensation:
Stuart Sanders, CG1738
Ontime Appraisals, Inc.
$ 4,000
Parcel No. 765-14262-000
Tract No. 10
WATER/SEWER EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT J & N Rent and Store, LLC, an Arkansas limited liability
company, hereinafter called GRANTOR, for and in consideration of the sum of
One Dollar ($1.00) and other good and valuable consideration, the receipt of which
is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto the City
of Fayetteville, Arkansas, a municipal corporation, hereinafter called
GRANTEE, and unto Grantee's successors and assigns, a permanent easement
and a temporary construction and grading easement to construct, lay, remove,
relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or
lines, manholes, grantee owned fiber optic equipment and appurtenances thereto,
on, over, across, and under the following described land situated in the County of
Washington, State of Arkansas, to -wit:
PROPERTY DESCRIPTION: (Deed Record 2016-00035843)
A part of the SW 1/4 of the SE 1/4 of Section 13, Township 16 North, Range 30 West, Washington County,
Arkansas, more particularly described as follows:
Commencing at the Northwest corner of said SW 1/4 of the SE 1/4; thence along the North line of said SW 1 /4 of
the SE 1/4 N87°14'05"W 546.01 feet to the point of beginning; thence departing said North line S02°45'33"W
667.36 feet to the found iron pin, thence N87°1 V35W 101.11 feet to a found iron pin; thence S02°30'44W 167.08
feet to a railroad spike found on the North right-of-way line of E. Huntsville Road/ Arkansas State Highway No. 16
(80R/W); thence along said North right-of-way line N 77°14'22" W 144.76 feet to a found iron pin; thence departing
said North right-of-way line NO2°47'30"E 809.24 feet to the North line of said SW 1 / 4 of the SE 1 / 4; thence along
said North line S87°14'05"E 242.49 feet to the point of the beginning, containing 4.22 acres, more or less. Subject
to any easements, covenants or restrictions of record or fact.
PERMANENT EASEMENT DESCRIPTION:
Part of the Southwest Quarter (SW1/4) of the Southeast Quarter (SE1/4) of Section 13, Township 16 North, Range 30
West, Washington County, Arkansas, being more particularly described as follows:
Commencing at the southwest corner of said SW1/4; thence along the south line of said SW1/4, S 87004'14" E - 520.54
feet; thence leaving said south line, N 02055'46" E - 530.52 feet to a point on the Grantor's west line, and to the Point of
Beginning (POB ESMT); thence continuing along said west line N 02055'02" E - 25.37 feet; thence leaving said west line
S 77'16'09" E - 4.32 feet; thence S 77'15'37" E - 57.46 feet; thence S 77°27'47" E - 22.49 feet; thence S 7719'02" E -
60.19 feet to a point on the Grantor's east line; thence along said east line, S 02'38'32" W - 25.39 feet to the proposed
north Right -of -Way (ROW) of Arkansas Highway 16 (ARDOT Job #040785); thence leaving said east line, along said
proposed north ROW, N 77°19'02" W - 144.58 feet; to the Point of Beginning (POB ESMT), containing 3,611 sq. ft., or
0.08 acres.
TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION
Part of the Southwest Quarter (SW1/4) of the Southeast Quarter (SE1/4) of Section 13, Township 16 North, Range 30
West, Washington County, Arkansas, being more particularly described as follows:
Commencing at the southwest corner of said SW1/4; thence along the south line of said SW1/4, S 87'04'14" E - 520.54
feet; thence leaving said south line, N 02°55'46" E - 555.89 feet to a point on the Grantor's west line,
and to the Point of Beginning (POB TCE); thence continuing along said west line, N 02°57'38" E - 10.15 feet;
thence leaving said west line, S 77°16'09" E - 6.04 feet; thence S 77015'37" E - 57.44 feet; thence S 77'27'47" E - 22.49
feet; thence S 77'19'02" E - 58.43 feet to the Grantor's east line; thence along said east line, S 02038'32" W - 10.16 feet;
thence leaving said east line, N 77'19'02" W - 60.19 feet, thence N 77°27'47" W - 22.49 feet; thence N 77015'37" W -
57.46 feet; thence N 77°16'09" W - 4.32 feet; to the Point of Beginning (POB TCE), containing 1,444 sq. ft., or 0.03 acres.
Page 144 of 286
Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment
of the rights herein granted.
This temporary construction and grading easement as conditioned above, shall terminate when the hereinabove
referenced project has been completed by the contractor and accepted by the City of Fayetteville, Arkansas.
It is expressly understood that the above temporary construction and grading easement shall exclude any
permanent structure presently located within said temporary construction and grading easement area.
TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines,
manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate
first hereinabove described for the uses and purposes hereinabove set forth.
The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said
Grantee, which hereby agrees to bury all pipes, where feasible, to a sufficient depth so as not to interfere with cultivation of
soil, and that manholes will be constructed flush with the surface of the ground except in bottom lands where they shall be at
a height above high water.
The Grantor agrees not to erect any buildings or structures in said permanent easement.
The Grantee shall have the right to construct additional pipelines upon the above described easement at any time in
the future and agrees to pay any damages as a result of such future construction as set out in this easement.
It is further understood that Grantee's easement shall be exclusive and that Grantor and/or Grantor's successors shall
convey no parallel rights to any person, utility or corporation on, across or under said easement without the express
written permission of Grantee.
The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby
granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal
representatives, successors and assigns of the parties hereto.
It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without
authority to make any covenant or agreement not herein expressed.
WITNESS the execution hereof on this day of 2023.
J & N RENT AND STORE, LLC, an Arkansas limited liability
company
By:
Jody Harris, Manager
ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF WASHINGTON ; ss.
BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public
within and for said County and State, personally appeared Jody Harris, to me well known as the person who executed
the foregoing document, and who stated and acknowledged that she is a Manager of J & N Rent and Store, LLC, an
Arkansas limited liability company, and is duly authorized in her capacity to execute the foregoing instrument for and in
the name and behalf of said company, and further stated and acknowledged that she had so signed, executed and
delivered said instrument for the consideration, uses and purposes therein mentioned and set forth.
WITNESS my hand and seal on this day of 2023.
MY COMMISSION EXPIRES:
Notary Public
Page 145 of 286
I � I
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SECTION 13 �ww
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LEGEND _
765-14262-000 TAX PARCEL NUMBER p77Tl�r
2016/35843 DEED RECORD iCCf�C[1l11 PROPOSED RIGHT-OF-WAY
�____�
t PROPOSED UTILITY EASEMENT
— — EXISTING PROPERTY LINE _ _`°
BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, PROPOSED TEMP. CONST. EASEMENT
D 83, NORTH ZONE. (NOT A PLAT OF SURVEY)
rang w.aw[a: oa.[,rx sr:
2L IMT
HWY 16 UTILITY RELOCATIONS MCCLELLAND
11/08/2023 3 EXHIBIT "A"
u FAYEITEVILLE, AR CONSULTING
AS NOTED 21-2121 MAP ENGINEERS, INC.
E Y — i T�� 10 1580 E. STEARNS ST.
.L XN RENT AND STORE LLC FAYETTEVILLE, AR 72703
-..,__. (479) 443-2377
Page 146 of 286
FREDERICK FAMILY REVOCABLE LIVING TRUST
Tract No. 19
Page 147 of 286
CITY OF
FAYETTEVILLE
ARKANSAS
December 5, 2023
Frederick Family Revocable Trust
233 Rhodes Drive
West Fork, AR 72774
RE: Hwy 16 East Utility Relocation
Parcel Nos. 765-14254-000 & 765-14265-000 Tract 19
Offer to Purchase Easement
Dear Mr. & Mrs. Frederick:
The City of Fayetteville needs to promptly relocate water and sewer utilities, as required by the Arkansas Department of Transportation
for their upcoming project to widen Highway 16 between S. Stone Bridge Rd. and S. Roberts Rd.
Arkansas Department of Transportation time limitations require that we must obtain signed easements or Court ordered possessory rights
for every necessary prior to approving construction contracts in early February 2024. Therefore, we will have to ask the Fayetteville City
Council on January 2, 2024 to authorize condemnations on every parcel that we have not yet received a properly signed easement.
Even if a condemnation must be filed on your property, we prefer reaching fair settlements with you and every other landowner. In years
past, the City of Fayetteville has had to acquire hundreds of water and sewer easements and street rights -of -way. To ensure these
projects could be built timely, the City Council had to authorize many condemnations for these projects. However, the City continued
negotiations and only once did any condemnation actually have to be decided in a trial. There is a brochure enclosed explaining the
process.
Please accept our offer of $8,500 as per the professional appraisal for this vital easement across your property now to help us ensure
continued service to residential and business consumers needing sufficient water to drink, bathe, wash, and operate, and to provide our
firefighters with sufficient firefighting water.
The water/sewer easement document we previously sent to you should be executed by all parties with current ownership interest in the
particular property. If you have misplaced this document, please let us know and we will send a new copy to you. The document should
be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness and notarize the execution of the
documents upon your request. A payment check will be requested upon receipt of all necessary documents by the City, and we will mail
your check for full payment promptly. We will provide a copy of the recorded documents upon your request. Please provide us with a
Social Security Number or a Tax Identification Number (Corporation) so that a check can be written. A W-9 was provided for this purpose,
but we will provide another copy upon your request.
A Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the associated easements and
acquisitions, please contact Cassie Elliott at 479-531-8897 (cassieevisionarymilestones com). For engineering questions or concerns,
please contact Andrew Stephens, Project Engineer, 479-443-2377, astephensCd)mce.us.com or Corey Granderson, Utilities Engineer at
(cgrranderson a()fayetteville-ar gov).
With kindest regards,
04MA ��
Cassie Elliott, Land Agent
Visionary Milestones, Inc.
PO Box 486
Siloam Springs, AR 72761
Enc
Mailing Address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteviIIe-ar.gov
Page 148 of 286
File: 23-021 County: Washington Tract
Location: 3539 E. Huntsville Road, Fayetteville AR 72701 19B
Fee Owner(S): Frederick Family Revocable Living Trust
Address: 3539 E. Huntsville Road, Fayetteville AR 72701
Phone: N/A
Tenant(S): N/A
A �r
Area yr whole 43,560+/ sq. ft, Permanent Easement s
Area Of Remainder: 43,560+/- sq. ft. Temporary Easement( ): 2,875 +/' SF
Area Of Acquisition: 0 +/_ sq. ft N/A
ESTIMATED FAIR MARKET VALUE OF THE PROPERTY
Before
Land: 43,560+/- SF C� $2.83 (Rounded) $ 123,300
Site Improvements Within Acquisition: $
N/A
Total:
After $ 123,300
Land: 43,560+/_ SF @ $ 2.74 (Rounded) $ 119,200
Improvements: $
Total: 0
FAIR MARKET VALUE OF ACQUISITION: $ 119,200
$ 4,100
Temporary Construction Easement: Rental Value
Total Compensation as of : November 13, 2023
$ 4,100
ALLOCATION OF COMPENSATION
Land:
Permanent Easement: $ 0
Temporary Easement: Rental Value $ 4,100
Site Improvements within Acquisition: $ 0
Damage to Remainder Land: $ 0
$ 0
Cost to Cure Items:
$ 0
Total Compensation:
$ 4,100
5 1 i ����Q►'t'a�G�AiI j1�'�%'���i
J: CC.F: i•Ir Ir_- •may
Stuart Sand � ers, CG1738 �'�, ., CG1728
Ontime Appraisals, Inc.
q93` • c 4 •�`•
'r1ua i„nti�s`0
49 of
File: 23-020 County: Washington Tract
Location: 3539 E. Huntsville Road, Fayetteville AR 72701 19A
Fee Owner(S): Frederick Family Revocable Living Trust
Address: 3539 E. Huntsville Road, Fayetteville AR 72701
Phone: N/A
Tenant(S): N/A
Area Of Whole: 43,560+/- sq. ft. Permanent Easements
Area Of Remainder: 43,560+/- sq. ft. Temporary Easement(s):
Area Of Acquisition: 0 +/- sq. ft
N/A
ESTIMATED FAIR MARKET VALUE OF THE PROPERTY
Before
Land: 43,560+/- SF @ $2.69 (Rounded) $
117,200
Site Improvements Within Acquisition: $
N/A
Total:
$
117,200
After
Land: 43,560+/- SF @ $ 2.59 (Rounded) $
112,800
Improvements: $
Total:
0
$
112,800
FAIR MARKET VALUE OF ACQUISITION:
$
4,400
Temporary Construction Easement: Rental Value
$
Total Compensation as of : November 13, 2023
$
4,400
ALLOCATION OF COMPENSATION
Land:
Permanent Easement:
$
0
Temporary Easement: Rental Value
$
4,400
Site Improvements within Acquisition:
$
0
Damage to Remainder Land:
$
0
$
0
Cost to Cure Items:
$
0
Total Compensation:
_ $
42400
aSTATE
v� CE• ,It--n-M L)
CE17-'-I-ML •`J
CG778�`
Stuart Sanders, CG1738 ��j�•.•• .•; ��
Ontime Appraisals, Inc. •q --- ��.�'
/Ij
Page 150 of 286
Parcel No. 765-14254-000 & 765-14265-000
Tract No. 19
WATER/SEWER EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT WE, Loy Harley Frederick and Pauletta Sue Frederick, Trustees
of the Frederick Family Revocable Living Trust dated January 20, 2021,
hereinafter called GRANTOR, for and in consideration of the sum of One Dollar
($1.00) and other good and valuable consideration, the receipt of which is hereby
acknowledged, does hereby GRANT, SELL and CONVEY unto the City of
Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE.
and unto Grantee's successors and assigns, a permanent easement and a
temporary construction and grading easement to construct, lay, remove, relay,
inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines,
manholes, grantee owned fiber optic equipment and appurtenances thereto, on,
over, across, and under the following described land situated in the County of
Washington, State of Arkansas, to -wit:
PROPERTY DESCRIPTION: (as shown in deed record 2021-00008265)
A PART OF THE SOUTHWEST QUARTER (SW %) OF THE SOUTHEAST QUARTER (SE x) OF SECTION
THIRTEEN (13) TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS; TO -WIT: BEGINNING AT A POINT WHICH IS FIVE HUNDRED
THIRTY TWO (532) FEET WEST OF THE SOUTHEAST CORNER OF SAID FORTY (40) ACRE TRACT, AND
RUNNING THENCE WEST ONE HUNDRED SEVEN (107) FEET; THENCE NORTH FOUR HUNDRED
FOURTEEN (414) FEET, TO THE SOUTH SIDE OF STATE HIGHWAY NO. SIXTEEN; THENCE RUNNING
SOUTHEASTERLY WITH SAID HIGHWAY RIGHT OF WAY TO A POINT THAT IS DUE NORTH OF THE POINT
OF BEGINNING, CONTAINING 1ACRE, MORE OR LESS.
AND
PART OF THE SW'/ OF THE SE % OF SECTION 13, TOWNSHIP 16 NORTH, RANGE 30 WEST, DESCRIBED
AS BEGINNING 10.335 CHAINS (682.11 FEET) EAST OF THE SW CORNER OF SAID 40 ACRE TRACT, AND
RUNNING THENCE NORTH 6.98 CHAINS(460.68 FEET) OR TO THE CENTERLINE OF HIGHWAY NO. 16, AS
NOW LOCATED, AND RUNNING THENCE WEST BEARING NORTH WITH THE CENTERLINE OF SAID
HIGHWAY NO. 16 TO A POINT DUE NORTH OF A POINT WHICH IS 1.39 CHAINS (91.74 FEET) WEST OF
THE POINT OF BEGINNING, THENCE SOUTH 7.08 CHAINS (476.28 FEET) TO THE SOUTH LINE OF SAID 40
ACRE TRACT, THENCE EAST 1.39 CHAINS (91.74 FEET) TO THE POINT OF BEGINNING, CONTAINING 1
ACRE, MORE OR LESS, LESS AND EXCEPT THAT PART EMBRACED IN HIGHWAY NO. 16 RIGHT OF WAY.
PERMANENT EASEMENT DESCRIPTION "A":
Part of the Southwest Quarter (SW1/4) of the Southeast Quarter (SE1/4) of Section 13, Township 16 North, Range 30
West, Washington County, Arkansas, being more particularly described as follows:
Commencing at the southeast corner of said SW1/4; thence along the south line of said SW1/4, N 87°04'14" W - 531.42
feet, thence leaving said south line, N 02052'03" E - 331.14 feet to a point on the Grantor's east line, and to the Point of
Beginning (POB ESMT A); thence leaving said east line, N 75°04'47" W - 109.44 feet; thence N 02'52'03" E - 30.68 feet
to the proposed south Right -of -Way (ROW) of Arkansas Highway 16 (ARDOT Job #040785); thence along said proposed
ROW, S 75004'47" E - 109.44 feet to the Grantor's east line; thence leaving said proposed ROW, S 02-52-03" W - 30.68
feet along said east line, to the Point of Beginning (POB ESMT A), containing 3,283 sq. ft., or 0.08 acres.
PERMANENT EASEMENT DESCRIPTION "B":
Part of the Southwest Quarter (SW1/4) of the Southeast Quarter (SE1/4) of Section 13, Township 16 North, Range 30
West, Washington County, Arkansas, being more particularly described as follows.
Commencing at the southeast corner of said SW1/4; thence along the south line of said SW1/4, N 87°04'14" W - 531.42
feet; thence leaving said south line, N 02°52'03" E - 331.14 feet to a point on the Grantor's east line; thence leaving said
east line, N 75'04'47" W - 109.44 feet to the Point of Beginning (POB ESMT B); thence, N 75'04'47" W - 95.76 feet to the
Grantor's west line; thence along said west line, N 02'34'27" E - 30.71 feet to the proposed south Right -of -Way (ROW) of
Arkansas Highway 16 (ARDOT Job 4040785); thence leaving said west line, S 75°04'47" E - 95.93 feet, along said
proposed ROW, thence leaving said proposed ROW, S 02052'03" W - 30.68 feet; to the Point of Beginning (POB ESMT
B), containing 2,875 sq. ft., or 0.07 acres.
Page 151 of 286
Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the
rights herein granted.
TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines,
manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate
first hereinabove described for the uses and purposes hereinabove set forth.
The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said
Grantee, which hereby agrees to bury all pipes, where feasible, to a sufficient depth so as not to interfere with cultivation of
soil, and that manholes will be constructed flush with the surface of the ground except in bottom lands where they shall be at
a height above high water.
The Grantor agrees not to erect any buildings or structures in said permanent easement.
The Grantee shall have the right to construct additional pipelines upon the above described easement at any time in
the future and agrees to pay any damages as a result of such future construction as set out in this easement.
It is further understood that Grantee's easement shall be exclusive and that Grantor and/or Grantor's successors
shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express
written permission of Grantee.
The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby
granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal
representatives, successors and assigns of the parties hereto.
It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without
authority to make any covenant or agreement not herein expressed.
WITNESS the execution hereof on this day of
Loy Harley Frederick, Co -Trustee of the Frederick
Frederick Family Revocable Living Trust
dated January 20, 2021
2023.
Pauletta Sue Frederick, Co -Trustee of the
Frederick Family Revocable Living Trust
dated January 20, 2021
ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF
ss.
BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public
within and for said County and State, personally Loy Harley Frederick and Pauletta Sue Frederick, Trustees of the Frederick
Family Revocable Living Trust dated January 20, 2021, to me well known as the persons who executed the foregoing
document, and who stated and acknowledged that they had so signed, executed and delivered said instrument for the
consideration, uses and purposes therein mentioned and set forth.
WITNESS my hand and seal on this day of
MY COMMISSION EXPIRES:
Notary Public
2023.
Page 152 of 286
wW
�� � 0 20 40
WW
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R/W
R'W = �-
R/W �
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N020 52' 03"E-30.68'
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\ \ \ \ 2875 SQ. FT. \ \ \ \ S7So
`0.07 AC.` \ \ \ \ \ \ \ 0447"F_I0 ww
N7$o04 ��\\\\\ \\\\\\\\ 9.44' yt
47"w�9S 76\= \ \ \ \ \ ESMT 19 A \ \ _
3283 SQ. FT. \ \ \ \ \ "iw
I S020 52' 03"W-30.68' I \ 0.08
\ 8\ \ \ \ \ \ \
I POB ESMT B 1p9.44' J ` S020 52' 03"W-30.68'
POB ESMT A —
'a
765-14254-000 I 765-14265-000 M SE CORNER
w SWa SE4
o SECTION 13
h T16N/R30W
0
N
0
z
N870 04' 14"W-S31.42'
I
I
SW/SE
13-16-30
I
LEGEND
765-14254-000 TAX PARCEL NUMBER PROPOSED RIGHT-OF-WAY
2021/8265 DEED RECORD C= PROPOSED UTILITY EASEMENT
EXISTING PROPERTY LINE ra PROPOSED TEMP. CONST. EASEMENT
BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY)
Z L`wea '"T McCLELLAND
HWY 16 UTILITY RELOCATIONS
iino/2oz� z EXHIBIT "A" CONSULTING
sole: ..otwu"eec FAYETTEVILLE, AR ENGINEERS, INC. AS NOTED 21-2121 MAP TRACT 19 1580 E. STEARNS ST.
" C�/� i FREDERICK FAMILY REVOCABLE LIVING TRUST FAYETfEVILLE, AR 72703
k EX 1 (479)443-2377
N ": //YlVIW.NCk.US.IUN
Page 153 of 286
MITCHELL, ROGER DALE
Tract No. 23
Page 154 of 286
CITY OF
FAYETTEVILLE
ARKANSAS
December 5, 2023
Roger Dale Mitchell
4125 E Huntsville Road
Fayetteville, AR 72701
RE: Hwy 16 East Utility Relocation
Parcel Nos. 765-13090-000 & 765-13098-000 Tract 23
Offer to Purchase Easement
Dear Mr. Mitchell:
The City of Fayetteville needs to promptly relocate water and sewer utilities, as required by the Arkansas Department of Transportation
for their upcoming project to widen Highway 16 between S. Stone Bridge Rd. and S. Roberts Rd.
Arkansas Department of Transportation time limitations require that we must obtain signed easements or Court ordered possessory rights
for every necessary prior to approving construction contracts in early February 2024. Therefore, we will have to ask the Fayetteville City
Council on January 2, 2024 to authorize condemnations on every parcel that we have not yet received a properly signed easement.
Even if a condemnation must be filed on your property, we prefer reaching fair settlements with you and every other landowner. In years
past, the City of Fayetteville has had to acquire hundreds of water and sewer easements and street rights -of -way. To ensure these
projects could be built timely, the City Council had to authorize many condemnations for these projects. However, the City continued
negotiations and only once did any condemnation actually have to be decided in a trial. There is a brochure enclosed explaining the
process.
Please accept our offer of $2,100 as per the professional appraisal for this vital easement across your property now to help us ensure
continued service to residential and business consumers needing sufficient water to drink, bathe, wash, and operate, and to provide our
firefighters with sufficient firefighting water.
The water/sewer easement document we previously sent to you should be executed by all parties with current ownership interest in the
particular property. If you have misplaced this document, please let us know and we will send a new copy to you. The document should
be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness and notarize the execution of the
documents upon your request. A payment check will be requested upon receipt of all necessary documents by the City, and we will mail
your check for full payment promptly. We will provide a copy of the recorded documents upon your request. Please provide us with a
Social Security Number or a Tax Identification Number (Corporation) so that a check can be written. A W-9 was provided for this purpose,
but we will provide another copy upon your request.
A Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the associated easements and
acquisitions, please contact Cassie Elliott at 479-531-8897 (cassie(c�
please contact Andrew Stephens, Project Engineer, 479c randersonfa ettevvisionarymilestones com). For engineering questions or concerns,
-443-2377, astephensCa�mce us com or Corey Granderson, Utilities Engineer at
ille-ar.00v).
With kindest regards
4� A
Cassie Elliott, Land Agent
Visionary Milestones, Inc.
PO Box 486
Siloam Springs, AR 72761
Enc
Mailing Address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteviIIe-ar.gov
Page 155 of 286
File: 23-018 County: Washington Tract
23
Location: 4125 E. Huntsville Road, Fayetteville AR 72701
Fee Owner(S): Roger, Theta, Steven, Kathryn and Alva Mitchell, Melanie White and Britany
Walker
Address: 4125 E. Huntsville Road, Fayetteville AR 72701
Phone: N/A
Tenant(S): N/A
Area Of Whole: 64,992+/- sq. ft. Permanent Easement(s): 1,356 +/- SF
Area Of Remainder: 64,992+/- sq. ft. Temporary Easement(s): 1,079+- SF
Area Of Acquisition: 0 +/- sq. ft
ESTIMATED FAIR MARKET VALUE OF THE PROPERTY
Before
Land: 64,992+/- SF @ $2.62(Rounded) $
170,300
Site Improvements Within Acquisition: $
N/A
Total:
$
170,300
After
Land: 64,992+/- SF @ $ 2.59 (Rounded) $
168,500
Improvements: $
0
Total:
$
168,500
FAIR MARKET VALUE OF ACQUISITION:
$
1,800
f
Temporary Construction Easement: Rental Value
$
300
Total Compensation as of: November 13, 2023
$
2,100
ALLOCATION OF COMPENSATION
Land:
$
0
Permanent Easement:
$
1,800
Temporary Easement: Rental Value
$
300
Site Improvements within Acquisition:
$
0
Damage to Remainder Land:
$
0
Cost to Cure Items:
Total Compensation:
Stuart Sanders, CG1738
$ 0
$ 2,100
,�gtll�101fej�f
p,shl 6�
�1�F
�bt''•- a��''-
STATE •,3�
GEMS UAL
�'� �.• CG1728 ; ��.�
'���iernnl„►la`��
page 1
Parcel No. 765-13090-000 & 765-13098-000
Tract No. 23
WATER/SEWER EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT WE, Roger Dale Mitchell, Theta Jo Mitchell, Steven Ray
Mitchell, Kathryn Teresa Mitchell, Melanie Ann White, Alva Ray Mitchell, Jr.,
and Brittany Dawn Mitchell Walker, hereinafter called GRANTOR, for and in
consideration of the sum of One Dollar ($1.00) and other good and valuable
consideration, the receipt of which is hereby acknowledged, does hereby GRANT,
SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal
corporation, hereinafter called GRANTEE, and unto Grantee's successors and
assigns, a permanent easement and a temporary construction and grading
easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water
and/or sanitary sewer pipe line or lines, manholes, grantee owned fiber optic
equipment and appurtenances thereto, on, over, across, and under the following
described land situated in the County of Washington, State of Arkansas, to -wit:
PROPERTY DESCRIPTION: (as shown in deed record 2007-00013531)
Part of the West Half (W1/2) of the Northwest Quarter (NW1/4) of Section Nineteen (19), Township Sixteen (16) North, Range
Twenty-nine (29) West of the 511' P.M., described as beginning at a point 315 feet West and 104 feet South of the Northeast
corner of the Southwest corner (SW1/4) of the Northwest Quarter (NW1/4), thence West 149 feet; thence North to the South
line of State Highway No. 16, thence Southeasterly with said highway to a point due North of the beginning, thence South to the
Point of Beginning, less and except the following described tract: Beginning 440 feet West and 30 feet South of the Northeast
corner of the SW % NW '/4 of said section and running thence South 30 feet; thence West 24 feet; thence North to the South
line of said highway; thence Southeast with said highway 130 feet; thence Southwest to the point of beginning.
AND
Part of the Fractional West Half (Fri W1/2) of the Fractional Northwest Quarter (Frl. NW1/4) Section Nineteen (19), Township
Sixteen (16) North, Range Twenty-nine (29) West, more particularly described as follows, to -wit: Beginning at a point four
hundred forty (440) feet West and thirty (30) feet South of the southeast corner of the Fractional Northwest Quarter (Fri. NW '/4)
of the Fractional Northwest Quarter (Fri. NW '/4) of said Section, and running thence West twenty-four (24) feet, Thence North
to south line of right of way of Highway No. 16, thence Southeast along said right of way one hundred thirty (130) feet, thence
Southwest to the place of beginning.
PERMANENT EASEMENT DESCRIPTION:
Part of the Northwest Quarter (NW1/4) of the Northwest Quarter (NW1/4) of Section 19, Township 16 North,
Range 29 West, Washington County, Arkansas, being more particularly described as follows:
Commencing at the southeast corner of said NW1/4; thence along the south line of said NW1/4, N 86'1110" W -
310.43 feet; thence leaving said south line, N 02°53'41" E - 225.68 feet to a point on the Grantor's east line, and to
the Point of Beginning (POB ESMT); thence leaving said east line, N 53'14'01" W - 71.53 feet; thence N 05°02'05"
W - 24.14 feet to the south Right -of -Way (ROW) of Arkansas Highway 16; thence along said ROW, S 53°53'53" E
- 74.96 feet to the Grantor's east line; thence leaving said ROW, S 02'53'41" W - 22.72 feet along said east line; to
the Point of Beginning (POB ESMT), containing 1,356 sq. ft., or 0.03 acres.
TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION:
Part of the Northwest Quarter (NW1/4) of the Northwest Quarter (NW1/4) of Section 19, Township 16 North,
Range 29 West, Washington County, Arkansas, being more particularly described as follows:
Commencing at the southeast corner of said NW1/4; thence along the south line of said NW1/4, N 86011'10" W -
310.43 feet; thence leaving said south line, N 02°53'41" E - 213.64 feet to a point on the Grantor's east line, and to
the Point of Beginning (POB TCE); thence leaving said east line, N 53°14'01" W - 82.71 feet, thence N 05°02'05"
W - 37.35 feet to the south Right -of -Way (ROW) of Arkansas Highway 16; thence along said ROW, S 53'53'53" E
- 13.28 feet; thence leaving said ROW, S 05°02'05" E - 24.14 feet, thence S 53°14'01" E - 71.53 feet to the
Grantor's east line; thence along said east line, S 02°53'41" W - 12.04 feet; to the Point of Beginning (POB TCE),
containing 1,079 sq. ft., or 0.02 acres.
Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the
rights herein granted.
This temporary construction and grading easement as conditioned above, shall terminate when the hereinabove
referenced project has been completed by the contractor and accepted by the City of Fayetteville, Arkansas.
It is expressly understood that the above temporary construction and grading easement shall exclude any
permanent structure presently located within said temporary construction and grading easement area.
Page 157 of 286
WATER/SEWER EASEMENT
Page 2 of 2
TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines,
manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate
first hereinabove described for the uses and purposes hereinabove set forth.
The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said
Grantee, which hereby agrees to bury all pipes, where feasible, to a sufficient depth so as not to interfere with cultivation of
soil, and that manholes will be constructed flush with the surface of the ground except in bottom lands where they shall be at
a height above high water.
The Grantor agrees not to erect any buildings or structures in said permanent easement.
The Grantee shall have the right to construct additional pipelines upon the above described easement at any time in
the future and agrees to pay any damages as a result of such future construction as set out in this easement.
It is further understood that Grantee's easement shall be exclusive and that Grantor and/or Grantor's successors
shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express
written permission of Grantee.
The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby
granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal
representatives, successors and assigns of the parties hereto.
It is hereby understood and agreed that the parry securing this document on behalf of the Grantee is without
authority to make any covenant or agreement not herein expressed.
WITNESS the execution hereof on this the day of \ ? ,-2023
rJ j
'..- �_ -
STATE OF ARKANSAS
COUNTY OF
ACKNOWLEDGMENT
ss.
BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public
within and for said County and State, personally, Roger Dale Mitchell, to me well known as the person(s) who executed the
foregoing document, and who stated and acknowledged that he/she/they had so signed, executed and delivered said
instrument for the consideration, uses and purposes therein mentioned and set forth.
WITNESS my hand and seal on this-�' day of �_ , 023.
Notary Public
MY COMMISSION EXPIRES:
Sg1E S. F
Ex A •�0
m
Z
•d o A�eLIG
tio. 1231 PCB
Page 158 of 286
Theta Jo Mitchell
ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF ss.
BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public
within and for said County and State, personally appeared, Theta Jo Mitchell. to me well known as the person who executed
the foregoing document, and who stated and acknowledged that she had so signed, executed and delivered said instrument
for the consideration, uses and purposes therein mentioned and set forth.
WITNESS my hand and seal on this day of
Notary Public
My COMMISSION EXPIRES:
2023.
Page 159 of 286
Steven Ray Mitchell
ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF ss.
BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public
within and for said County and State, personally appeared, Steven Ray Mitchell, to me well known as the person who
executed the foregoing document, and who stated and acknowledged that he had so signed, executed and delivered said
instrument for the consideration, uses and purposes therein mentioned and set forth.
WITNESS my hand and seal on this day of 2023.
Notary Pu
MY COMMISSION EXPIRES:
Page 160 of 286
Kathryn Teresa Mitchell
ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF ss.
BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public
within and for said County and State, personally appeared, Kathryn Teresa Mitchell, to me well known as the person who
executed the foregoing document, and who stated and acknowledged that she had so signed, executed and delivered said
instrument for the consideration, uses and purposes therein mentioned and set forth.
WITNESS my hand and seal on this day of
otary Public
MY COMMISSION EXPIRES:
2023.
Page 161 of 286
Melanie Ann White
ACKNOWLEDGMENT
STATE OF ARKANSAS )
COUNTY OF ) ss.
1
BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public
within and for said County and State, personally appeared, Melanie Ann White, to me well known as the person who
executed the foregoing document, and who stated and acknowledged that she had so signed, executed and delivered said
instrument for the consideration, uses and purposes therein mentioned and set forth.
WITNESS my hand and seal on this day of
Notary Public
MY COMMISSION EXPIRES:
2023.
Page 162 of 286
Alva Ray Mitchell, Jr.
ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF ss.
BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public
within and for said County and State, personally appeared, Sandra Lee Mitchell, as custodian under the Uniform Transfer to
Minor Act for Alva Ray Mitchell, Jr., Minor, to me well known as the person who executed the foregoing document, and who
stated and acknowledged that she had so signed, executed and delivered said instrument for the consideration, uses and
purposes therein mentioned and set forth.
WITNESS my hand and seal on this day of
Notary Public
MY COMMISSION EXPIRES:
2023.
Page 163 of 286
Brittany Dawn Mitchell Walker
ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF ss.
BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public
within and for said County and State, personally appeared, Sandra Lee Mitchell, as custodian under the Uniform Transfer to
Minor Act for Brittany Dawn Mitchell, Minor, to me well known as the person who executed the foregoing document, and who
stated and acknowledged that she had so signed, executed and delivered said instrument for the consideration, uses and
purposes therein mentioned and set forth.
WITNESS my hand and seal on this day of
Notary Public
MY COMMISSION EXPIRES:
2023.
Page 164 of 286
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LEGEND
0 TAX PARCEL NUMBER
PROPOSED RIGHT-OF-WAY
2007/1353/
zoo7/13531
DEED RECORD
r� `� `�_
L--_--_ -�
PROPOSED UTILITY EASEMENT
—
— EXISTING PROPERTY LINE
-
E: —
PROPOSED TEMP. CONST. EASEMENT
BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE.
(NOT A PLAT OF SURVEY)
EXHIBIT "A"
HWY 16 UTILITY RELOCATIONS
AlortArEqMcCLELLAND
CONSULTING
FAYETTEVILLE, AR
MAP
� ENGINEERS, INC.
TRACT23
MITCHELL, ROGER DALE
1580 E. STEARNS ST.
FAYETTEVILLE, AR 72703
(479)443.2377
Page 165 of 286
ROBERTS, DORIS FAYE TRUST
Tract No. 26
Page 166 of 286
WWF
CITY OF
FAYETTEVILLE
ARKANSAS
December 4, 2023
Eldon Roberts, Trustee
Doris Faye Roberts Trust
4199 E Huntsville Road
Fayetteville, AR 72701
RE: Hwy 16 East Utility Relocation
Parcel Nos. 765-13091-000 Tract 26
Offer to Purchase Easement
Dear Mr. Roberts:
The City of Fayetteville needs to promptly relocate water and sewer utilities, as required by the Arkansas Department of Transportation
for their upcoming project to widen Highway 16 between S. Stone Bridge Rd. and S. Roberts Rd.
Arkansas Department of Transportation time limitations require that we must obtain signed easements or Court ordered possessory rights
for every necessary prior to approving construction contracts in early February 2024. Therefore, we will have to ask the Fayetteville City
Council on January 2, 2024 to authorize condemnations on every parcel that we have not yet received a properly signed easement.
Even if a condemnation must be filed on your property, we prefer reaching fair settlements with you and every other landowner. In years
past, the City of Fayetteville has had to acquire hundreds of water and sewer easements and street rights -of -way. To ensure these
projects could be built timely, the City Council had to authorize many condemnations for these projects. However, the City continued
negotiations and only once did any condemnation actually have to be decided in a trial. There is a brochure enclosed explaining the
process.
Please accept our counteroffer of $27,555 (appraised at $9,300) for this vital easement across your property now to help us ensure
continued service to residential and business consumers needing sufficient water to drink, bathe, wash, and operate; and to provide our
firefighters with sufficient firefighting water.
The water/sewer easement document we previously sent to you should be executed by all parties with current ownership interest in the
particular property. If you have misplaced this document, please let us know and we will send a new copy to you. The document should
be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness and notarize the execution of the
documents upon your request. A payment check will be requested upon receipt of all necessary documents by the City, and we will mail
your check for full payment promptly. We will provide a copy of the recorded documents upon your request. Please provide us with a
Social Security Number or a Tax Identification Number (Corporation) so that a check can be written. A W-9 was provided for this purpose,
but we will provide another copy upon your request.
A Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the associated easements and
acquisitions, please contact Cassie Elliott at 479-531-8897 (cassie visionar milestones.com). For engineering questions or concerns,
please contact Andrew Stephens, Project Engineer, 479-443-2377, astephens a�mce us com or Corey Granderson, Utilities Engineer at
(cgranderson(a)fayetteville-ar gov).
With kindest regards,
&J)�_ q�"
Cassie Elliott, Land Agent
Visionary Milestones, Inc.
PO Box 486
Siloam Springs, AR 72761
Enc
Mailing Address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteviIIe-ar.gov
Page 167 of 286
File: 23-026
County: Washington Tract
Location: 4199 E. Huntsville Road, Fayetteville AR 72701 26
Fee Owner(S): Doris Roberts Trust
Address: 4199 E. Huntsville Road, Fayetteville AR 72701
Phone: N/A
Tenant(S): N/A
Area Of Whole; ......
y9,31 i+/ sq ft.Permanent
Area Of Remainder.
Easement(s).
Area Of Acquisition: 99.317+/- sq. ft.
Temporary Easement(s):
7,881 +/- SF
0 +/_ sq. ft
1,609+_ SF
ESTIMATED FAIR MARKET VALUE OF THE PROPERTY
Land: 99,317+/_ SF Before
(Rounded)
Site Improvements Within Acquisition
$ 223,500
Total:
$
N/A
After
$
223,500
Land: 99,317+/- SF @ $ 2.16 (Rounded)
Improvements:
$ 214,600
Total:
$
0
FAIR MARKET VALUE OF ACQUISITION:
$
214,600
Temporary Construction Easement: Rental Value
$
8,900
Total Compensation as of: November 13, 2023
$
400
ALLOCATION OF COMPENSATION
$
9,300
Land:
Permanent Easement:
$
Temporary Easement: Rental Value
Site Improvements
$
0
8,900
within Acquisition:
Damage to Remainder Land:
$
$
400
0
Cost to Cure Items:
$
0
Total Compensation:
$
0
$
9,300
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Page 68 of 28
Parcel No. 765-13091-000
Tract No. 26
WATER/SEWER EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT I, Eldon R. Roberts, Acting Trustee of the Doris Faye Roberts
Trust (U/D dated 10-16-98), hereinafter called GRANTOR, for and in
consideration of the sum of One Dollar ($1.00) and other good and valuable
consideration, the receipt of which is hereby acknowledged, does hereby GRANT,
SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal
corporation, hereinafter called GRANTEE, and unto Grantee's successors and
assigns, a permanent easement and a temporary construction and grading
easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water
and/or sanitary sewer pipe line or lines, manholes, grantee owned fiber optic
equipment and appurtenances thereto, on, over, across, and under the following
described land situated in the County of Washington, State of Arkansas, to -wit:
PROPERTY DESCRIPTION: (as shown in deed record 98-108937
Part of the Northwest Quarter (NW1/4) of the Northwest Quarter (NW1/4) and part of the Southwest Quarter
(SW1/4) of the Northwest Quarter (NW1/4) of Section Nineteen (19), Township Sixteen (16) North, Range Twenty-
nine (29) West, Washington County, Arkansas, being more particularly described as follows, to -wit: Beginning at
the Southeast corner of the Northwest Quarter (NW1/4) of the Northwest Quarter (NW1/4) of said Section,
Township and Range, and running, thence South 297 feet, thence West 160 feet, thence South 140 feet, thence
West 155 feet, thence North 331 feet, thence East 84.5 feet, thence North 106 feet, thence East 92 feet, thence
North 7 degrees 37 minutes East 156 feet, more or less, to the South line of Arkansas State Highway No. 16,
thence in a Southeasterly direction along said line to a point which is 120 feet North of the Southeast corner of the
Northwest Quarter (NW1/4) of the Northwest Quarter (NW1/4) of said Section, Township and Range, and thence
South 120 feet to the place of beginning.
PERMANENT EASEMENT DESCRIPTION.
Part of the Northwest Quarter (NW1/4) of the Northwest Quarter (NW1/4) and of the Southwest Quarter (SW1/4) of the
Northwest Quarter (NW1/4) of Section 19, Township 16 North, Range 29 West, Washington County, Arkansas, being
more particularly described as follows:
Commencing at the northeast corner of said SW1/4; thence along the east line of said SW1/4, S 02°30'31" W - 66.98 feet
to the Point of Beginning (POB ESMT); thence continuing along said east line, S 02°30'31" W - 46.53 feet; thence leaving
said east line, N 45°59'21" W - 79.07 feet; thence N 05'55'56" E - 28.62 feet; thence S 85'10'55" E - 6.45 feet, thence N
04°49'05" E - 34.68 feet; thence N 85'10'55" W - 5.78 feet; thence N 05°55'56" E - 55.92 feet; thence N 53°1 T59" W -
80.66 feet to the Grantor's west line; thence along said west line, N 11-22-08" E - 33.21 feet to the proposed south Right -
of -Way (ROW) of Arkansas Highway 16 (ARDOT Job #040785), thence leaving said west line along said proposed ROW
for the following three courses: thence S 5314'01" E - 111.94 feet; thence S 05°56'41" W - 138.92 feet; thence S
84°45'45" E - 29.49 feet; to the Point of Beginning (POB ESMT), containing 7,881 sq. ft., or 0.18 acres.
TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION "A":
Part of the Southwest Quarter (SW1/4) of the Northwest Quarter (NW1/4) of Section 19, Township 16 North, Range 29
West, Washington County, Arkansas, being more particularly described as follows:
Commencing at the northeast corner of said SW1/4; thence along the east line of said SW1/4, S 02'30'31" W - 113.51
feet to the Point of Beginning (POB TCE A); thence continuing along said east line, S 02°30'31" W - 13.35 feet;
thence leaving said east line, N 45'59'21" W - 80.08 feet; thence N 05'55'54" E - 12.70 feet; thence S 45°59'21" E - 79.07
feet; to the Point of Beginning (POB TCE A), containing 796 sq. ft., or 0.02 acres.
TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION "B":
Part of the Northwest Quarter (NW1/4) of the Northwest Quarter (NW1/4) of Section 19, Township 16 North, Range 29
West, Washington County, Arkansas, being more particularly described as follows:
Page 169 of 286
Commencing at the southeast corner of said NW1/4; thence along the east line of said NW1/4. N 02-30-31" E - 46.27 feet;
thence leaving said east line, N 8729'29" W - 52.79 feet to the Point of Beginning (POB TCE B). thence N 53°14'01" W -
81.88 feet to the Grantor's west line; thence along said west line, N 11 °22'08" E - 11.07 feet; thence leaving said west
line, S 53013'59" E - 80.66 feet: thence S 05'56'18" W - 11.64 feet; to the Point of Beginning (POB TCE B), containing
813 sq. ft., or 0.02 acres.
Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment
of the rights herein granted.
This temporary construction and grading easement as conditioned above, shall terminate when the hereinabove
referenced project has been completed by the contractor and accepted by the City of Fayetteville, Arkansas.
It is expressly understood that the above temporary construction and grading easement shall exclude any
permanent structure presently located within said temporary construction and grading easement area.
TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines,
manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate
first hereinabove described for the uses and purposes hereinabove set forth.
The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said
Grantee, which hereby agrees to bury all pipes, where feasible, to a sufficient depth so as not to interfere with cultivation of
soil, and that manholes will be constructed flush with the surface of the ground except in bottom lands where they shall be at
a height above high water.
The Grantor agrees not to erect any buildings or structures in said permanent easement.
The Grantee shall have the right to construct additional pipelines upon the above described easement at any time in
the future and agrees to pay any damages as a result of such future construction as set out in this easement.
It is further understood that Grantee's easement shall be exclusive and that Grantor and/or Grantor's successors
shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express
written permission of Grantee.
The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby
granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal
representatives, successors and assigns of the parties hereto.
It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without
authority to make any covenant or agreement not herein expressed.
WITNESS the execution hereof on this the day of
STATE OF ARKANSAS
COUNTY OF
2023.
Eldon R. Roberts, Acting Trustee of the
Doris Faye Roberts Trust (U/D dated 10-16-98)
ACKNOWLEDGMENT
ss.
BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public
within and for said County and State, personally, Eldon R. Roberts, Acting Trustee of the Doris Faye Roberts Trust (U/D
dated 10-16-98), to me well known as the person who executed the foregoing document, and who stated and acknowledged
that she had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned
and set forth.
WITNESS my hand and seal on this day of
MY COMMISSION EXPIRES:
Notary Public
2023.
Page 170 of 286
ZL
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11/0
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19-16-29 ESMT 26 ` `N I /\
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S020 30' 31"W-13.35'
LEGEND
765-13091-000 TAX PARCEL NUMBER p7?TJry7777a
98/108937 DEED RECORD [�_ n
EXISTING PROPERTY LINE
BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE.
1MT m:
a AS NOTED 121-2121
HWY 16 UTILITY RELOCATIONS
EXHIBIT "A" FAYETTEVILLE, AR
MAP TRACT 26
ROBERTS, DORIS FAYE TRUST
PROPOSED RIGHT-OF-WAY
PROPOSED UTILITY EASEMENT
PROPOSED TEMP. CONST. EASEMENT
(NOT A PLAT OF SURVEY)
MCCLELLAND
CONSULTING
® ENGINEERS, INC.
1580 E. STEARNS ST.
FAYETTEVILLE, AR 72703
(479)443-2377
v://www.nu.us
Page 171 of 286
PI ERSON, SARAH E
Tract No. 28
Page 172 of 286
CITY OF
FAYETTEVILLE
ARKANSAS
December 5, 2023
Sarah Pierson
4255 E Huntsville Road
Fayetteville, AR 72701
RE: Hwy 16 East Utility Relocation
Parcel Nos. 765-13102-000 Tract 28
Offer to Purchase Easement
Dear Ms. Pierson:
The City of Fayetteville needs to promptly relocate water and sewer utilities, as required by the Arkansas Department of Transportation
for their upcoming project to widen Highway 16 between S. Stone Bridge Rd. and S. Roberts Rd.
Arkansas Department of Transportation time limitations require that we must obtain signed easements or Court ordered possessory rights
for every necessary prior to approving construction contracts in early February 2024. Therefore, we will have to ask the Fayetteville City
Council on January 2, 2024 to authorize condemnations on every parcel that we have not yet received a properly signed easement.
Even if a condemnation must be filed on your property, we prefer reaching fair settlements with you and every other landowner. In years
past, the City of Fayetteville has had to acquire hundreds of water and sewer easements and street rights -of -way. To ensure these
projects could be built timely, the City Council had to authorize many condemnations for these projects. However, the City continued
negotiations and only once did any condemnation actually have to be decided in a trial. There is a brochure enclosed explaining the
process.
Please accept our offer of $6,700 as per the professional appraisal for this vital easement across your property now to help us ensure
continued service to residential and business consumers needing sufficient water to drink, bathe, wash, and operate; and to provide our
firefighters with sufficient firefighting water.
The water/sewer easement document we previously sent to you should be executed by all parties with current ownership interest in the
particular property. If you have misplaced this document, please let us know and we will send a new copy to you. The document should
be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness and notarize the execution of the
documents upon your request. A payment check will be requested upon receipt of all necessary documents by the City, and we will mail
your check for full payment promptly. We will provide a copy of the recorded documents upon your request. Please provide us with a
Social Security Number or a Tax Identification Number (Corporation) so that a check can be written. A W-9 was provided for this purpose,
but we will provide another copy upon your request.
A Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the associated easements and
acquisitions, please contact Cassie Elliott at 479-531-8897 (cassievisionarymilestones com). For engineering questions or concerns,
please contact Andrew Stephens, Project Engineer, 479-443-2377, astephens(a)mce.us.com or Corey Granderson, Utilities Engineer at
(c�c randerson(cr�favetteville-ar ov).
With kindest regards,
(
Cassie Elliott, Land Agent
Visionary Milestones, Inc.
PO Box 486
Siloam Springs, AR 72761
Enc
Mailing Address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Page 173 of 286
i
File: 23-019
County: Washington
Location: 4255 F. Huntsville Road, Fayetteville AR 72701
Fee Owner(S): Sarah Pierson
Address: 4255 E. Huntsville Road, Fayetteville AR 72701
Phone: N/A
Tract
28
Tenant(S): N/A
Area Of Whole: 77,972+/- sq. ft. Permanent Easements :
Area Of Remainder: () 5,067 +/- SF
77,972+/- sq. R, Temporary Easement(s): 1,876+- SF
Area Of Acquisition: 0 +/- sq. ft
ESTIMATED FAIR MARKET VALUE OF THE PROPERTY
Before
Land: 77,972+/- SF @ $2.46 (Rounded)
$
Site Improvements Within Acquisition:
191,800
$ N/A
Total:
$
191,800
After
Land: 77,972+/- SF @ $ 2.38 (Rounded)
Improvements:
$ 185,600
Total:
$ 0
$
185,600
FAIR MARKET VALUE OF ACQUISITION:
$
6,200
Temporary Construction Easement: Rental Value
$
500
Total Compensation as of : November 13, 2023
$
6,700
ALLOCATION OF COMPENSATION
Land:
Permanent Easement:
$
0
Temporary Easement: Rental Value
$
6,200
Site Improvements within Acquisition:
$
500
Damage to Remainder Land:
$
0
$
0
Cost to Cure Items:
$
0
Total Compensation:
$
6,700
r n,
``tttttt't'rr,r.
CE
Stuart Sanders, CG1738
:L9 LG�a2�: '•• � 3
Ontime Appraisals, Inc.
'��, q '' • • - • • '' �. ''�•��
e 174 of 2
Parcel No, 765-13102-000
Tract No. 28
GENERAL UTILITY EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT I, Sarah E. Pierson, hereinafter called GRANTOR, for and in
consideration of the sum of One Dollar ($1.00) and other good and valuable
consideration, the receipt of which is hereby acknowledged, does hereby GRANT,
SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal
corporation, hereinafter called GRANTEE, and unto the public utilities holding a
franchise granted by said City of Fayetteville, a permanent easement for the
purpose of construction, maintenance, repair and/or replacement, enlargement and
operations of general utilities including water and/or sanitary sewer pipe line or lines,
manholes, natural gas, electrical power, telephone, fiber optic cable(s) and
television communication line or lines, traffic signal poles and equipment, and
appurtenances thereto, on over, across, and under the following described land
situated in the County of Washington, State of Arkansas, to -wit:
PROPERTY DESCRIPTION: (Deed Ref. 2018-00004904)
A part of the Southeast Quarter (SE %4) of the Northwest Quarter (NW'/4) of Section Nineteen (19), in Township
Sixteen (16) North of Range Twenty -Nine (29) West of the 511 Principal Meridian. Washington County, Arkansas
described as follows: Beginning at a point which is 220 feet East and 917.8 feet North of the Southwest corner of said
40-acre tract, and running thence North 345.8 feet to the South line of the right of way of State Highway No. 16, thence
South 56 degrees 30 minutes East with the South line of said Highway 251 feet, thence South 345.8 feet, thence West
210 feet, thence North 136.4 feet to the place of beginning, containing two (2) acres, more or less.
LESS AND EXCEPT: A part of the SE'/4 of the NW %4 pf Section 19, T16N, R29W in Washington County, Arkansas,
and being described as follows: Commencing at the SW corner of said SE'/, NW 1/4, thence S87`09'33"E 210.00 feet,
thence NO2°58'10"E 527.46 feet to the POINT OF BEGINNING; thence NO2`58'10"E 250.00 feet, thence S87°48'39" E
210.67 feet, thence NO2°33'43" E 324.88 feet, thence S53-48'27" E 125.96 feet, thence S02°59'43" W 508.50 feet,
thence N87°04'15" W 313.48 feet to the POINT OF BEGINNING, containing 2.51 acres, more or less, subject to
easements and right of ways of record, shown as Adjusted Legal Description — Tract 1 on Property Line Adjustment
survey filed for record September 19, 2017, as Instrument 2017- 28750, in the records of Washington County,
Arkansas
PERMANENT EASEMENT DESCRIPTION
Part of the Southeast Quarter (SE1/4) of the Northwest Quarter (NW1/4) of Section 19, Township 16 North, Range 29
West, Washington County, Arkansas, being more particularly described as follows:
Commencing at the northwest corner of said SE1/4; thence along the north line of said SE1/4, S 87'15'53" E - 222.87
feet; thence leaving said north line, S 02'30'31" W - 91.10 feet to the proposed south Right -of -Way (ROW) of Arkansas
Highway 16 (ARDOT Job #040785), and to the Point of Beginning (POB ESMT); thence along said proposed south ROW,
S 53'07'13" E - 253.30 feet to the Grantor's east line; thence leaving said proposed south ROW, S 02°23'47" W - 24.26
feet along said east line; thence leaving said east line, N 53'07'13" W - 253.36 feet to the Grantor's west line; thence
along said west line, N 02'30'31" E - 24.23 feet; to the Point of Beginning (POB ESMT), containing 5,067 sq. ft., or 0.12
acres.
TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION:
Part of the Southeast Quarter (SE1/4) of the Northwest Quarter (NW1/4) of Section 19, Township 16 North, Range 29
West, Washington County, Arkansas, being more particularly described as follows:
Commencing at the northwest corner of said SE1/4; thence along the north line of said SE1/4, S 87'15'53" E - 222.87
feet; thence leaving said north line, S 02°30'31" W - 115.33 feet to a point on the Grantor's west line, and to the Point of
Beginning (POB TCE); thence leaving said west line, S 53'07'13" E - 253.36 feet to the Grantor's east line;
thence S 02'23'47" W - 9.10 feet along said east line; thence leaving said east line, N 53'07'13" W - 163.36 feet;
thence N 08'08'06" E - 5.13 feet; thence N 81 °51'54" W - 9.35 feet; thence N 53'07'13" W - 79.35 feet to the Grantor's
west line; thence along said west line, N 02°30'31" E - 9.09 feet, to the Point of Beginning (POB TCE), containing 1,876
sq. ft., or 0.04 acres.
Page 175 of 286
General Utility Easement
Page 2
A sketch of this easement is attached as Exhibit "A" and is to be considered as part of this document. It is understood that
this sketch is descriptive only of the size, shape, and location of the permanent easement and does not constitute a plat
or survey of the Grantor's property.
Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of
the rights herein granted.
This temporary construction and grading easement as conditioned above, shall terminate when the
hereinabove referenced project has been completed by the contractor and accepted by the City of Fayetteville,
Arkansas.
It is expressly understood that the above temporary construction and grading easement shall exclude any
permanent structure presently located within said temporary construction and grading easement area.
TO HAVE AND TO HOLD unto said Grantee and the public utilities holding a franchise granted by said City of
Fayetteville, until the use of said permanent easement is relinquished, abandoned or vacated and so long as such pipe line or
lines, electrical power, telephone and/or television lines or cables, manholes and/or appurtenances thereto shall be
maintained, together with free ingress to and egress from the real estate first herein above described for the uses and
purposes herein above set forth.
The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said
Grantee and its associated franchisees, which hereby agree to bury all pipes, lines and/or cables where feasible, to a sufficient
depth so as not to interfere with cultivation of soil, and that manholes will be constructed flush with the surface of the ground
except in bottom lands where they shall be at a height above water.
The Grantor agrees not to erect any buildings or structures in said permanent easement. This easement cannot be used
for above -ground micro -wireless facilities, small wireless facilities (including associated poles or support structures), or any
other similar wireless communications facilities.
The Grantee and its associated franchisees shall have the right to construct additional pipe lines, electric power lines,
telephone and/or television lines or cables upon the above described easement at any time in the future and agrees to pay any
damages as a result of such future construction as set out in this easement.
The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby
granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal
representatives, successors and assigns of the parties hereto.
It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without authority
to make any covenant or agreement not herein expressed.
WITNESS the execution hereof on this day of
Sarah E. Pierson
pouse (if any)
2023.
Page 176 of 286
General Utility Easement
Page 3
ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF WASHINGTON N ss.
BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within
and for said County and State, personally y appeared Sarah E. Pierson and (spouse if any), to me well known as the
person(s) who executed the foregoing document, and who stated and acknowledged that he/she/they had so signed, executed
and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth.
WITNESS my hand and seal on this day of 2023.
Notary Public
MY COMMISSION EXPIRES:
Page 177 of 286
\ 87- 15' 53"E-222.87' «
\,:NCORNER \�` 3
NO a\
SECTION 19
T16N/R29W in �9,Q
POB ESMT 0 25 50 i
E Omni
—
N020 30' 31"E-24.23'\ \ \ \ SCALE 1" = 50'
\ \ \ \
POB TCE A \ \ \ \
NO2° 30' 31"E-9.09'
ao0 \\\\ S
%s30O.
,13
gas• \ \ \ \ . ESMT 28
5067 SQ. FT.
N81° 51' 54"W-9.35' `� \ \
k
N08R 08' 06"E-5.13' �F 05k, \ \ 3`�0e 0.12 AC.
TCE 28 arS\ \ \ \
1876 SQ. FT. 0 c \ \ \ \
I 0.04 AC.
\ S020 23' 47"W-24.26'
S02e 23. 47'W-5.82'
SE/NW \
19-16-29 \
1 \
I �POB TCE B
I
LEGEND
2018/4902-000 TAX PARCEL NUMBER � fit[:.:! PROPOSED RIGHT-OF-WAY
2o18/a904 DEED RECORD LPROPOSED UTILITY EASEMENT`_� _J
EXISTING PROPERTY LINE _ _ PROPOSED TEMP. CONST. EASEMENT
N�.�E BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY)
ZL" JMTne
11103/2023 z EXHIBIT "A"
s( E. PppA R�NRFR:
AS NOTED z1-z1z1 MAP
HWY 16 UTILITY RELOCATIONS
FAYETTEVILLE, AR
TRACT 28
PIERSON, SARAH E
McCLELLANO
CONSULTING
ENGINEERS, INC.
1580 E. STEARNS ST.
FAYETTEVILLE, AR 72703
(479) 443-2377
N: urrvrvenu.os
Page 178 of 286
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF DECEMBER 28, 2023
CITY COUNCIL MEMO
2023-1462
TO: Mayor Jordan and City Council
THRU: Susan Norton, Chief of Staff
FROM: Terry Gulley, Asst Public Works Director - Ops
DATE: December 1, 2023
SUBJECT: A resolution to award Bid 24-01 and authorize the purchase of pavement marking
installation from AF&G, LLC in variable amounts and for varying unit prices as
needed through the end of 2024.
RECOMMENDATION:
A resolution to award Bid 24-01 and authorize the purchase of pavement marking installation from AF&G, LLC
in variable amounts and for varying unit prices as needed through the end of 2024.
BACKGROUND:
The purchase of bulk construction materials and services is necessary to maintain current infrastructure and to
implement the 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 materials and services have been budgeted in various capital projects within the
Sales Tax Capital Improvements Fund and Street Fund operating programs.
ATTACHMENTS: SRF (#3), Bid 24-01, Bid Tab - Signed (#4)
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Page 179 of 286
== City of Fayetteville, Arkansas
y 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
- Legislation Text
File #: 2023-1462
A resolution to award Bid 24-01 and authorize the purchase of pavement marking installation
from AF&G, LLC in variable amounts and for varying unit prices as needed through the end of
2024.
A RESOLUTION TO AWARD BID NO. 24-01 AND AUTHORIZE THE PURCHASE OF
PAVEMENT MARKING INSTALLATION FROM AF&G, LLC IN VARIABLE AMOUNTS AND
FOR VARYING UNIT PRICES AS NEEDED THROUGH THE END OF 2024
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 No. 24-01 and
authorizes the purchase of pavement marking installation from AF&G, LLC in variable amounts and for
varying unit prices as needed through the end of 2024.
Page 1
Page 180 of 286
Terry Gulley
Submitted By
City of Fayetteville Staff Review Form
2023-1462
Item ID
1/2/2024
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
12/1/2023 TRANSPORTATION SERVICES (410)
Submitted Date Division / Department
Action Recommendation:
A resolution to award Bid 24-01 and authorize the purchase of pavement marking installation from AF&G, LLC
in variable amounts and for varying unit prices as needed through the end of 2024.
Budget Impact:
Account Number Fund
Project Number Project Title
Budgeted Item? Yes Total Amended Budget $ -
Expenses (Actual+Encum) $ -
Available Budget $
Does item have a direct cost? No Item Cost $ Is a Budget Adjustment attached? No Budget Adjustment $ -
Remaining Budget $
V20221130
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments: The "current budget" box has been left blank because these items will vary depending on fluctuating
needs based on citizen service requests received, construction projects approved, and other factors.
Page 181 of 286
CITY OF
FAYETTEVILLE
ARKANSAS
BID TABULATION
Bid 24-01, Construction - Pavement Marking Installation
DEADLINE: Thursday, November 2, 2023 at 2:00 PM
AF&G
LLC
Time
Striping, Inc
Total
$264,920.00
$285,975.00
Line A
Description
QTY
UOM
Unit
Extended
Unit
Extended
1
Reflectorized Paint Marking- WHITE-4"
60000
LF
$0.42
$25,200.00
$0.45
$27,000.00
2
Reflectorized Paint Marking-YELLOW-4"
200000
LF
SO.42
$84,000.00
$0.45
$90,000.00
3
Reflectorized Paint Marking-WHITE-6"
4500
LF
$0.52
$2,340.00
$0.55
$2,475.00
4
Reflectorized Paint Marking-YELLOW-6"
10000
LF
SQ.S2
$5,200.00
$0.55
$5,500.00
5
Reflectorized Paint Marking-WHITE-8"
500
LF
SO.62
$310.00
$0.65
$325.00
6
Reflectorized Paint Marking-YELLOW-8"
500
LF
SO.62
$310.00
$0.65
$325.00
7
Reflectorized Paint Marking-WHITE-12"
2000
LF
S4.75
$9,500.00
$5.00
$10,000.00
8
Reflectorized Paint Marking Arrows -WHITE
150
EA
JZII5
$10,687.50
$100.00
$15,000.00
9
Reflectorized Paint Marking -(Words Only: Lane, etc.)
26
EA
S95.00
$2,470.00
$125.00
$3,250.00
$95.00
10
Reflectorized Paint Marking - (Symbols only: Bike, ADA, etc.)
20
EA
$1,900.00
$125.00
$2,500.00
$0.52
11 Reflectorized Paint Marking - YELLOW/WHITE (4" walk -behind trail striping) 30000 LF
$15,600.00
$0.55
$16,500.00
12
Reflectorized Paint Marking - YELLOW/WHITE (4" walk -behind parking lot striping)
10000
LF
$0.71
$7,100.00
$0.75
$7,500.00
13
Green Bicycle Lane Coating - Cycle Grip
3000
SF
$9.50
$28,500.00
$10.00
$30,000.00
14
Thermoplastic Marking Installation (City will provide material)
25
EA
$47.50
$1,187.50
$50.00
$1,250.00
15
Thermoplastic Marking - WHITE - 4"
1000
LF
S2.85
$2,850.00
$3.00
$3,000.00
16
Thermoplastic Marking - YELLOW - 4"
2500
LF
S2.85
$7,125.00
$3.00
$7,500.00
17
Thermoplastic Marking- WHITE - 6"
1000
LF
$3.30
$3,300.00
$3.50
$3,500.00
18
Thermoplastic Marking - YELLOW - 6"
2500
LF
S3.30
$8,250.00
$3.50
$8,750.00
19
Thermoplastic Marking - WHITE - 8"
200
LF
$3.80
$760.00
$4.00
$800.00
20
Thermoplastic Marking - YELLOW - 8"
200
LF
$3.80
$760.00
$4.00
$800.00
21
Thermoplastic Marking - WHITE - 12"
500
LF
$7.60
$3,800.00
$8.00
$4,000.00
22
Thermoplastic Marking - WHITE - 24"
250
LF
JILN
$3,800.00
$16.00
$4,000.00
$30.40
23
Thermoplastic Marking - GREEN - 24"
250
LF
$7,600.00
$32.00
$8,000.D0
$375.00
24
Thermoplastic Marking - WORDS (Only, Lane, Stop, etc.)
10
EA
$3,750.00
$400.00
$4,000.00
$332.00
25
Thermoplastic Marking -ARROWS
10
EA
$3,320.00
$350.00
$3,500.00
$380.00
26
Thermoplastic Marking - SYMBOLS (Bike, ADA, Shared Lane, etc.)
10
EA
$3,800.00
$400.00
$4,000.00
$5.75
27 Pavement Marking Removal - Media Blasting 2500 SF
$14,375.00
$6.00
$15,000.00
28
Pavement Marking Removal - Grinding
2500
SF
2.85
$7,125.00
$3.00
$7,500.00
• NOTICE: Bid award is contingent upon vendor meeting minimum specifications and formal authorization by City Officials.
A"k I -� Z3
Kenny Fitch, Purchasing Agent
18193
Amanda Beilfu .Purchasing Agent
Page 182 of 286
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF DECEMBER 28, 2023
CITY COUNCIL MEMO
2023-1463
TO: Mayor Jordan and City Council
THRU: Susan Norton, Chief of Staff
FROM: Terry Gulley, Asst Public Works Director - Ops
DATE: December 1, 2023
SUBJECT: A resolution to award Bid 24-03 and authorize the purchase of Tree Planting Services
from Building Exteriors in variable amounts and for varying unit prices as needed
through the end of 2024.
RECOMMENDATION:
A resolution to award Bid 24-03 and authorize the purchase of Tree Planting Services from Building Exteriors
in variable amounts and for varying unit prices as needed through the end of 2024.
BACKGROUND:
The purchase of bulk construction materials and services is necessary to maintain current infrastructure and to
implement the 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 materials and services have been budgeted in various capital projects within the
Sales Tax Capital Improvements Fund and Street Fund operating programs.
ATTACHMENTS: SRF (#3), Bid 24-03, Bid Tab - Signed (#4)
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Page 183 of 286
== City of Fayetteville, Arkansas
y 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
- Legislation Text
File #: 2023-1463
A resolution to award Bid 24-03 and authorize the purchase of Tree Planting Services from
Building Exteriors in variable amounts and for varying unit prices as needed through the end of
2024.
A RESOLUTION TO AWARD BID #24-03 AND AUTHORIZE THE PURCHASE OF TREE
PLANTING SERVICES FROM BUILDING EXTERIORS, INC. IN VARIABLE AMOUNTS AND
FOR VARYING UNIT PRICES AS NEEDED THROUGH THE END OF 2024
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #24-03 and
authorizes the purchase of tree planting services from Building Exteriors, Inc. in variable amounts and
for varying unit prices as shown in the bid sheet attached to this Resolution as needed through the end of
2024.
Page 1
Page 184 of 286
Terry Gulley
Submitted By
City of Fayetteville Staff Review Form
2023-1463
Item ID
1/2/2024
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
12/1/2023 TRANSPORTATION SERVICES (410)
Submitted Date Division / Department
Action Recommendation:
A resolution to award Bid 24-03 and authorize the purchase of Tree Planting Services from Building Exteriors in
variable amounts and for varying unit prices as needed through the end of 2024.
Budget Impact:
Account Number Fund
Project Number Project Title
Budgeted Item? Yes Total Amended Budget $ -
Expenses (Actual+Encum) $ -
Available Budget $
Does item have a direct cost? No Item Cost $ Is a Budget Adjustment attached? No Budget Adjustment $ -
Remaining Budget $
V20221130
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments: The "current budget" box has been left blank because these items will vary depending on fluctuating
needs based on citizen service requests received, construction projects approved, and other factors.
Page 185 of 286
CITY OF
W9" FAYETTEVILLE
ARKANSAS
BID TABULATION
Bid 24-03, Construction - Tree Planting
DEADLINE: Thursday. November 2. 2023 at 2:00 PM
Total
Building Exteriors
$179,975.00
Line #
Description
QTY
UOM
Unit
Extended
1
2
3
4
5
Mulch installed 2" - 3" (shall be no more than 3")
Water tree as needed, to ensure establishment through 1-Year Guarantee after acceptance
Large/Medium Tree Species (2" caliper trees shall be used)
Small Tree Species (4' Tall)
Shrub Species (3-Gallon)
500
500
300
175
25
Each
Each
Each
Each
Each
$12.00
$42.00
$386.00
$6,000.00
$21,000.00
$115,800.00
$35,875.00
$1,300.00
$205.00
52.00
NOTICE: Bid award is contingent upon vendor meeting minimum specifications and formal authorization by City Officials.
L
II1-1-Z3
Kenny Fitch, Purchasing Agent
11��3
anda Beilfuss, Sr. Purchasing
Page 186 of 286
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF DECEMBER 28, 2023
CITY COUNCIL MEMO
2023-1464
TO: Mayor Jordan and City Council
THRU: Susan Norton, Chief of Staff
FROM: Terry Gulley, Asst Public Works Director - Ops
DATE: December 8, 2023
SUBJECT: A resolution to award Bid 24-04 and authorize the purchase of Asphalt Paving
Services from Emery Sapp & Sons in variable amounts and for varying unit prices as
needed through the end of 2024.
RECOMMENDATION:
A resolution to award Bid 24-04 and authorize the purchase of Asphalt Paving Services from Emery Sapp &
Sons in variable amounts and for varying unit prices as needed through the end of 2024.
BACKGROUND:
The purchase of bulk construction materials and services is necessary to maintain current infrastructure and to
implement the 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 materials and services have been budgeted in various capital projects within the
Sales Tax Capital Improvements Fund and Street Fund operating programs.
ATTACHMENTS: SRF (#3), Bid 24-04, Bid Tab - Signed (#4)
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Page 187 of 286
== City of Fayetteville, Arkansas
y 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
- Legislation Text
File #: 2023-1464
A resolution to award Bid 24-04 and authorize the purchase of Asphalt Paving Services from
Emery Sapp & Sons in variable amounts and for varying unit prices as needed through the end of
2024.
A RESOLUTION TO AWARD BID #24-04 AND AUTHORIZE THE PURCHASE OF ASPHALT
PAVING SERVICES FROM EMERY SAPP & SONS IN VARIABLE AMOUNTS AND FOR
VARYING UNIT PRICES AS NEEDED THROUGH THE END OF 2024
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #24-04 and
authorizes the purchase asphalt paving services from Emery Sapp & Sons in variable amounts and for
varying unit prices as shown in the bid sheet attached to this Resolution as needed through the end of
2024.
Page 1
Page 188 of 286
Terry Gulley
Submitted By
City of Fayetteville Staff Review Form
2023-1464
Item ID
1/2/2024
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
12/1/2023 TRANSPORTATION SERVICES (410)
Submitted Date Division / Department
Action Recommendation:
A resolution to award Bid 24-04 and authorize the purchase of Asphalt Paving Services from Emery Sapp & Sons
D/B/A Hutchens Construction Company, LLC in variable amounts and for varying unit prices as needed through the
end of 2024.
Budget Impact:
Account Number Fund
Project Number Project Title
Budgeted Item? Yes Total Amended Budget $ -
Expenses (Actual+Encum) $ -
Available Budget $
Does item have a direct cost? Yes Item Cost $ Is a Budget Adjustment attached? No Budget Adjustment $ -
Remaining Budget $
V20221130
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments: The "item cost" & "current budget" boxes have been left blank because these items will vary depending
upon fluctuating needs based on citizen service requests received, constrution projects approved, and
nthar varinhla fartnrc
Page 189 of 286
CITY OF
_ FAYETTEVILLE
ARKANSAS
BID TABULATION
Bid 24-04, Construction - Asphalt Paving
DEADLINE: Thursday, November 2, 2023 at 2:00 PM
Total
Emery Sapp & Sons, Inc.
Tomlinson Asphalt Co.
APAC-Central, Inc.
$992,300.00
$1,222,000.00
$1,295,000.00
Line # Description CITY UOM
Unit
Extended
Unit
Extended
Unit
Extended
1 Asphalt Paving Overlay - Superpave 9.5mm Surface with Tack (See Appendix A) 5000 Ton
198.46
$992,300.00
$244.401
$1,222,000.00
$259.001
$1,295,000.00
*NOTICE: Bid award is contingent upon vendor meeting minimum specifications and formal authorization by City Officials.
(( 23
Kenny Fitch, Purchasi ng Agent
Am da Beilfuss, Sr. Purcha ' Agent
Page 190 of 286
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF DECEMBER 28, 2023
CITY COUNCIL MEMO
2023-1498
TO: Mayor Jordan and City Council
THRU: Chris Brown, Public Works Director
FROM: Terry Gulley, Asst Public Works Director - Ops
DATE: December 8, 2023
SUBJECT: A resolution to award Bid 24-05 and authorize the purchase of concrete materials
from Tune Concrete as primary supplier in variable amounts and for varying unit
prices and to authorize the use of other bidders based on price and availability as
needed through the end of 2024.
RECOMMENDATION:
A resolution to award Bid 24-05 and authorize the purchase of concrete materials from Tune Concrete as
primary supplier in variable amounts and for varying unit prices and to authorize the use of other bidders based
on price and availability as needed through the end of 2024.
BACKGROUND:
The purchase of bulk construction materials and services is necessary to maintain current infrastructure and to
implement the 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 materials and services have been budgeted in various capital projects within the
Sales Tax Capital Improvements Fund and Street Fund operating programs.
ATTACHMENTS: SRF (#3), Bid 24-05, Bid Tab - Signed (#4)
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Page 191 of 286
== City of Fayetteville, Arkansas
Y 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
- Legislation Text
File #: 2023-1498
A resolution to award Bid 24-05 and authorize the purchase of concrete materials from Tune
Concrete as primary supplier in variable amounts and for varying unit prices and to authorize the
use of other bidders based on price and availability as needed through the end of 2024.
A RESOLUTION TO AWARD BID #24-05 AND AUTHORIZE THE PURCHASE OF CONCRETE
MATERIALS FROM TUNE CONCRETE AS PRIMARY SUPPLIER IN VARIABLE AMOUNTS
AND FOR VARYING UNIT PRICES AND TO AUTHORIZE THE USE OF OTHER BIDDERS
BASED ON PRICE AND AVAILABILITY AS NEEDED THROUGH THE END OF 2024
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #24-05 and
authorizes the purchase of concrete materials from Tune Concrete as primary supplier in variable
amounts and for varying unit prices as shown in the bid sheet attached to this Resolution and further
authorizes the use of other bidders based on price and availability as needed through the end of 2024.
Page 1
Page 192 of 286
Terry Gulley
Submitted By
City of Fayetteville Staff Review Form
2023-1498
Item ID
1/2/2024
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
12/1/2023
Submitted Date
Action Recommendation:
TRANSPORTATION SERVICES (410)
Division / Department
A resolution to award Bid 24-05 and authorize the purchase of concrete materials from Tune Concrete as primary
supplier in variable amounts and for varying unit prices and to authorize the use of other bidders based on price
and availability as needed through the end of 2024.
Budget Impact:
Account Number Fund
Project Number Project Title
Budgeted Item? Yes Total Amended Budget $ -
Expenses (Actual+Encum) $ -
Available Budget $
Does item have a direct cost? Yes Item Cost $ Is a Budget Adjustment attached? No Budget Adjustment $ -
Remaining Budget $
V20221130
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments: The "item cost" & "current budget" boxes have been left blank because these items will vary depending
upon fluctuating needs based on citizen service requests received, constrution projects approved, and
nthar varinhla fartnrc
Page 193 of 286
CITY OF
_ FAYETTEVILLE
ARKANSAS
BID TABULATION
Bid 24-05, Concrete Material
DEADLINE: Thursday, November 2, 2023 at 2:00 PM
Tune Concrete (Tune)
Standard Materials Group
APAC-Central, Inc.
Total
$817,600.00
$877,280.00
$879,330.00
Line # Description QTy UOM
Unit
Extended
Unit
Extended
Unit
Extended
1 3500 PSI 3/4" Max Aggregate Size, 4" Slump 500 CY
$145.00
$72,500.00
$150.00
$75,000.00
$155.00
$77,500.00
2 4000 PSI 3/4" Max Aggregate Size, 4" Slump 4000 CY
$148.00
$592,000.00
$152.00
$608,000.00
$157.00
$628,000.00
3 4000 PSI 1" Max Aggregate Size, 4" Slump 500 CY
$148.00
$74,000.00
$159.00
$79,500.00
$158.00
$79,000.00
4 4000 PSI 1" Max Aggregate Size With Fiber Reinforcement, 4" Slump 100 CY
$1S3.00
$15,300.00
$166.00
$16,600.00
$164.00
$16,400.00
5 4000 PSI 3/4" Max Aggregate Size, 4" Slump, High Early, 7 Bag Mix 100 CY
$154.00
$15,400.00
$170.00
$17,000.00
$177.00
$17,700.00
6 4000 PSI ARDOT Class S 7 1/2 Sack High Early, 1" Aggregate, 4" Slump 100 CY
$154.00
$15,400.00
$178.00
$17,800.00
$182.00
$18,200.00
7 Hydration Stabilizer Admixture - Price To Be Added To Concrete 100 CY
$4.00
$400.00
$4.00
$400.00
No Bid
8 5500 PSI 1" Max Aggregate Size, 4" Slump 100 CY
$154.00
$15,400.00
$187.00
$18,700.00
$192.00
$19,200.00
9 Flowable Fill 50 CY
$130.00
$6,500.00
$130.00
$6,500.00
$122.00
$6,100.00
10 1% Calcium Chloride Admixture - Price To Be Added To Concrete 100 CY
$5.00
$500.00
$4.00
$400.00
$5.00
$500.00
11 2% Calcium Chloride Admixture - Price To Be Added To Concrete 60 CY
$10.00
$600.00
$8.00
$480.00
$8_00
$480.00
12 Air Entraining Admixture - Price To Be Added To Concrete 2500 CY
No Bid
No Bid
No Bid
13 Hot Water - Price To Be Added To Concrete 500 CY
$6.00
$3,000.00
$7.00
$3,500.00
$7.00
$3,500.00
14 Chilled Water - Price To Be Added To Concrete 500 CY
$6.00
$3,000.00
$7.00
$3,500.00
No Bid
15 Ice - Price To Be Added To Concrete 100 CY
JLOM
$1,000.00
$17.00
$1,700.00
10.00
$1,000.00
16 Exposed Aggregate 3/8" - Price To Be Added To Concrete 50 Cy
15.00
$750.00
$190.00
$9,500.00
$25.00
$1,250.00
17 Exposed Aggregate 1/2" - Price To Be Added To Concrete 50 CY
15.00
$750.00
$190.00
$9,500.00
$27.00
$1,350.00
18 Type I Portland Cement - 100 Tons
No Bid
No Bid
No Bid
19 Concrete Sand 100 Tons
No Bid
$35.00
$3,500.00
$35.00
$3,500.00
20 Masonry Sand 50 Tons
No Bid
$40.00
$2,000.00
37.00
$1,850.00
21 Mobilization Fee (After Hours & Weekends) 1 EA
1000.00
$1,000.00
$3,500.00
$3,500.00
$3,500.00
$3,500.00
22 Colored Concrete Washout Fee (Per Truck) 1 EA
100.00
$100.00
$200.00
$200.00
$300.00
$300.00
What is the guaranteed delivery time from receipt of order?
24 hours
24 hours
45 minutes
• NOTICE: Bid award is contingent upon vendor meeting minimum specifications and formal authorization by City Officials.
at,-" I ( -I Z3
Kenny Fitch, Purchasing Agent
)> Ia3
Amanda Bei ss, Sr. Purchasing Agent
Page 194 of 286
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF DECEMBER 28, 2023
CITY COUNCIL MEMO
2023-1499
TO: Mayor Jordan and City Council
THRU: Chris Brown, Public Works Director
FROM: Terry Gulley, Asst Public Works Director - Ops
DATE: December 8, 2023
SUBJECT: A resolution to award Bid 24-06 and authorize the purchase of aggregate materials
from Green Dream International LLC as primary supplier in variable amounts and for
varying unit prices and to authorize the use of other bidders based on price and
availability as needed through the end of 2024.
RECOMMENDATION:
A resolution to award Bid 24-06 and authorize the purchase of aggregate materials from Green Dream
International LLC as primary supplier in variable amounts and for varying unit prices and to authorize the use
of other bidders based on price and availability as needed through the end of 2024.
BACKGROUND:
The purchase of bulk construction materials and services is necessary to maintain current infrastructure and to
implement the 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 materials and services have been budgeted in various capital projects within the Sales
Tax Capital Improvements Fund and Street Fund operating programs.
ATTACHMENTS: SRF (#3), Bid 24-06, Bid Tab - Signed (#4)
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Page 195 of 286
== City of Fayetteville, Arkansas
y 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
- Legislation Text
File #: 2023-1499
A resolution to award Bid 24-06 and authorize the purchase of aggregate materials from Green
Dream International LLC as primary supplier in variable amounts and for varying unit prices
and to authorize the use of other bidders based on price and availability as needed through the
end of 2024.
A RESOLUTION TO AWARD BID #24-06 AND AUTHORIZE THE PURCHASE OF AGGREGATE
MATERIALS FROM GREEN DREAM INTERNATIONAL, LLC AS PRIMARY SUPPLIER IN
VARIABLE AMOUNTS AND FOR VARYING UNIT PRICES AND TO AUTHORIZE THE USE OF
OTHER BIDDERS BASED ON PRICE AND AVAILABILITY AS NEEDED THROUGH THE END
OF 2024
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #24-06 and
authorizes the purchase of aggregate materials from Green Dream International LLC as primary supplier
in variable amounts and for varying unit prices as shown in the bid sheet attached to this Resolution and
further authorizes the use of other bidders based on price and availability as needed through the end of
2024.
Page 1
Page 196 of 286
Terry Gulley
Submitted By
City of Fayetteville Staff Review Form
2023-1499
Item ID
1/2/2024
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
12/1/2023
Submitted Date
Action Recommendation:
TRANSPORTATION SERVICES (410)
Division / Department
A resolution to award Bid 24-06 and authorize the purchase of aggregate materials from Green Dream International
LLC as primary supplier in variable amounts and for varying unit prices and to authorize the use of other bidders
based on price and availability as needed through the end of 2024.
Budget Impact:
Account Number Fund
Project Number Project Title
Budgeted Item? Yes Total Amended Budget $ -
Expenses (Actual+Encum) $ -
Available Budget $
Does item have a direct cost? Yes Item Cost $ Is a Budget Adjustment attached? No Budget Adjustment $ -
Remaining Budget $
V20221130
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments: The "item cost" & "current budget" boxes have been left blank because these items will vary depending
upon fluctuating needs based on citizen service requests received, constrution projects approved, and
nthar varinhla fartnrc
Page 197 of 286
CITY OF
_ FAYETTEVILLE
ARKANSAS
BID TABULATION
Bid 24-06, Aggregate Materials
DEADLINE: Thursday, November 2, 2023 at 2:00 PM
Hunt -Rogers Materials I.I.C.
APAC-Central, Inc.
Green Dream International LLC
$481,000.00
$513,750.05
$701,927.70
Total
Line # Description QTY UOM
Unit
Extended
Unit
Extended
Unit
Extended
1 Class 7 Base (SB-2) - Includes Wet And Dry 30000 Ton
$11.00
$330,000.00
$10.50
$315,000.00
$16.50
$495,000.00
2 Concrete Aggregate -1.5 Inches 500 Ton
$17.50
$8,750.00
$20.00
$10,000.00
$10.36
$5,180.00
3 Concrete Aggregate - 3/4 Inch 500 Ton
$21.00
$10,500.00
$22.50
$11,250.00
$29.70
$14,8S0.00
4 "B" Stone - 3 to 5 Inches 2500 Ton
$12.50
$31,250.00
$11.50
$28,750.00
$13.86
$34,650.00
5 Abrasives/Grit (1/4 Inch Chips) 500 Ton
No Bid
$15.50
$7,750.00
$11.55
$5,775.00
6 Shot Rock 500 Ton
$9.00
$4,500.00
$11.00
$5,500.00
$29.70
$14,850.00
7 Rip Rap Limestone 1500 Ton
$24.00
$36,000.00
$25.00
$37,500.00
$29.70
$44,550.00
8 Abrasives/Grit (1/4 Inch Clean Chips) 500 Ton
No Bid
$46.00
$23,000.00
$42.13
$21,065.00
9 Select Embankment (Hillside Gravel) 15000 CY
4.00
$60,000.00
$5.00
$75,000.00
$4.40
$66,000.00
10 Delivery 1 Load
No Bid
No Bid
$1.70,
$7.70
15557 Hamestring Rd,
15557 Hamestring Rd,
Where is the plant location for pickup?
Fayetteville, AR or 21202 N
Puppy Creek Road
Fayetteville, AR or 21202 N
Parsons Rd, Springdale, AR
Parsons Rd, Springdale, AR
' NOTICE: Bid award is contingent upon vendor meeting minimum specifications and formal authorization by City Officials.
Kenny Fitch, Purchasing
®<J
Page 198 of 286
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF DECEMBER 28, 2023
CITY COUNCIL MEMO
2023-1500
TO: Mayor Jordan and City Council
THRU: Chris Brown, Public Works Director
FROM: Terry Gulley, Asst Public Works Director - Ops
DATE: December 12, 2023
SUBJECT: A resolution to authorize the purchase of Asphalt Materials for use by the
Transportation Division on an as needed basis through the end of 2024.
RECOMMENDATION:
A resolution to authorize the purchase of Asphalt Materials for use by the Transportation Division on an as
needed basis through the end of 2024.
BACKGROUND:
The purchase of bulk construction materials and services is necessary to maintain current infrastructure and to
implement the projects outlined in the Capital Improvements Program and Annual Budget and Work Program.
DISCUSSION:
Ark. Code Ann. § 14-58-104(14) provides that the City may purchase "motor fuels, oil, asphalt, asphalt oil, and
natural gas" without soliciting bids;
BUDGET/STAFF IMPACT:
Funds for the acquisition of materials and services have been budgeted in various capital projects within the
Sales Tax Capital Improvements Fund and Street Fund operating programs.
ATTACHMENTS: SRF (#3), Bid 24-07, Bid Tab - Signed (#4)
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Page 199 of 286
== City of Fayetteville, Arkansas
y 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
- Legislation Text
File #: 2023-1500
A resolution to authorize the purchase of Asphalt Materials for use by the Transportation Division
on an as needed basis through the end of 2024.
A RESOLUTION TO AUTHORIZE THE PURCHASE OF ASPHALT MATERIALS FOR USE BY
THE TRANSPORTATION DIVISION ON AN AS NEEDED BASIS THROUGH THE END OF 2024
WHEREAS, Ark. Code Ann. § 14-58-104(14) provides that the City may purchase "motor fuels, oil,
asphalt, asphalt oil, and natural gas" without soliciting bids; and
WHEREAS, because price volatility in the crude oil market affects the cost of asphalt, the
Transportation Division proposes to solicit and accept bids on at least a quarterly basis without the need
for further approval of the City Council through calendar year 2024.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the purchase of
asphalt materials for use by the Transportation Division through the end of 2024, and authorizes the
Transportation Division to solicit informal bids or quotes on at least a quarterly basis without the need
for further approval of the City Council.
Page 1
Page 200 of 286
Terry Gulley
Submitted By
City of Fayetteville Staff Review Form
2023-1500
Item ID
1/2/2024
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
12/1/2023 TRANSPORTATION SERVICES (410)
Submitted Date Division / Department
Action Recommendation:
A resolution to authorize the purchase of Asphalt Materials for use by the Transportation Division on an as needed
basis through the end of 2024.
Account Number
Project Number
Budgeted Item? Yes
Does item have a direct cost? Yes
Is a Budget Adjustment attached? No
Budget Impact:
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
Fund
Project Title
V20221130
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number:
Original Contract Number:
Approval Date:
Comments: The "item cost" & "current budget" boxes have been left blank because these items will vary depending
upon fluctuating needs based on citizen service requests received, constrution projects approved, and
nthar vnrinhla fnrtnrc
Page 201 of 286
CITY OF
FAYETTEVILLE
ARKANSAS
BID TABULATION
Bid 24-07, Asphalt Materials - Quarter 1
DEADLINE: Thursday, November 2, 2023 at 2:00 PM
APAC-Central, Inc.
Emery Sapp & Sons, Inc.
Total
$872,750.00
$1,084,480.00
Une N Description QTY UOM
Unit
Extended
Unit
Extended
1 Section A: Type 2 Surface 1 EA
$350,000.00
$536,000.00
1.1 Asphalt Concrete Hot Mix Surface Course Type 2, per AHTD 1996 Specifications, PG 64-22, With Millings and Shingles Allowed (RAP/RAS) 3000 Ton
No Bid
$72.00
1.2 Asphalt Concrete Hot Mix Surface Course Type 2 per AHTD 1996 Specifications, PG 64-22, With Millings Only (RAP) 2000 Ton
$85.00
$75.00
1.3 Asphalt Concrete Hot Mix Surface Course Type 2 per AHTD 1996 Specifications, PG 64-22, No Millings or Shingles (Virgin) 2000 Ton
$90.00
2 Section B: Type 2 Binder 1 EA
$42,500.00
$35,500.00
2.1 Asphalt Concrete Hot Mix Binder Course Type 2 per AHTD 1996 Specifications, PG 64-22, With Millings or Shingles (RAP/RAS) 500 Ton
$85.00
71.00
3 Section C: Superpave Surface 9.5MM 1 EA
$96,500.00
$177,250.00
3.1 Asphalt Concrete Hot Mix Course 9.5mm as per AHTD 2014 Specifications, PG 64-22, With Millings or Shingles (RAP/RAS) 1000 Ton
No Bid
$86.50
3.2 Asphalt concrete Hot Mix Course 9.5mm as per AHTD 2014 Specifications, PG 64-22, With Millings Only (RAP) 500 Ton
$95.00
90.00
3.3 Asphalt concrete Hot Mix Course 9.5mm as per AHTH Specifications, PG 70-22, With Millings Only (RAP) 500 Ton
$98.00
91.50
4 Section D: Superpave Surface 12.5MM 1 EA
$197,000.00
$178,000.00
4.1 Asphalt concrete Hot Mix Surface Course 12.5mm as per AHTD 2014 Specifications, PG 64-22, With Millings and Shingles (RAP/RAS) S00 Ton
No Bid
S86.00
4.2 Asphalt concrete Hot Mix Surface Course 12.5mm as per AHTD 2014 Specifications, PG 64-22, With Millings Only (RAP) 500 Ton
$88.00
S84.00
4.3 Asphalt concrete Hot Mix Surface Course 12.5mm as per AHTD 2014 Specifications, PG 70-22, With Millings Only (RAP) 500 Ton
$91.00
88.00
4.4 Asphalt concrete Hot Mix Surface Course 12.5mm as per AHTD 2014 Specifications, PG 76-22, With Millings Only (RAP). Pre -Oct 2018 500 Ton
S105.00
No Bid
4.5 Asphalt concrete Hot Mix Surface Course 12.5mm as per AHTD 2014 Specifications, PG 76-22, No Millings or Shingles (Virgin) 500 Ton
$110.00
198.00
5 Section E: Other Items 1 EA
$186,750.00
$157,725.00
5.1 Asphalt concrete Hot Mix Surface Course 4.75mm as per AASHTO recommendation, PG 64-22, No Millings or Shingles (Virgin) 1500 Ton
$109.00
S93.00
5.2 Tack Oil (IN GALLONS) 2500 Gallon
$9.00
5.3 START UP PRICE FOR PLANT - Estimated One (1) Event Each Year 1 Lump Sum
$750.00
$725.00
5.4 Delivery - Cost per Ton 4500 Ton
No Bid
No Bid
6 Section F: Asphalt Millings for Sale - Through 12/31/2024 1 EA
No Bid
$5.00
6.1 Asphalt Millings (Picked Up By Vendor From City of Fayetteville) 1 Ton
No Bid
No Bid
6.2 Asphalt Millings (Delivered To Vendor at Convenience of City Staff) 1 Ton
INO Bid
$5.001
What is the plant location address? I
Puppy Creek Rd
Sonora, AR
• NOTICE: Bid award is contingent upon vendor meeting minimum specifications and formal authorization by City Officials.
VYi`" L z3
IU Kenny Fitch, Purchasing Agent
amd,J& F::;� )I fg/a3
Amanda Bei ss, Sr. Purchasing Agent
Page 202 of 286
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF DECEMBER 28, 2023
CITY COUNCIL MEMO
2023-1501
TO: Mayor Jordan and City Council
THRU: Chris Brown, Public Works Director
FROM: Terry Gulley, Asst Public Works Director - Ops
DATE: December 8, 2023
SUBJECT: A resolution to award Bid 24-08 and authorize the purchase of HDPE Drainage Pipe
from Northwest Arkansas Winwater as primary supplier in variable amounts and for
varying unit prices and to authorize the use of other bidders based on price and
availability as needed through the end of 2024.
RECOMMENDATION:
A resolution to award Bid 24-08 and authorize the purchase of HDPE Drainage Pipe from Northwest Arkansas
Winwater as primary supplier in variable amounts and for varying unit prices and to authorize the use of other
bidders based on price and availability as needed through the end of 2024.
BACKGROUND:
The purchase of bulk construction materials and services is necessary to maintain current infrastructure and to
implement the 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 materials and services have been budgeted in various capital projects within the
Sales Tax Capital Improvements Fund and Street Fund operating programs.
ATTACHMENTS: SRF (#3), Bid 24-08, Bid Tab - Signed (#4)
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Page 203 of 286
_= City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
- Legislation Text
File #: 2023-1501
A resolution to award Bid 24-08 and authorize the purchase of HDPE Drainage Pipe from
Northwest Arkansas Winwater as primary supplier in variable amounts and for varying unit
prices and to authorize the use of other bidders based on price and availability as needed through
the end of 2024.
A RESOLUTION TO AWARD BID #24-08 AND AUTHORIZE THE PURCHASE OF DRAINAGE
PIPE FROM NORTHWEST ARKANSAS WINWATER AS PRIMARY SUPPLIER AND FOR
VARYING UNIT PRICES AND TO AUTHORIZE THE USE OF OTHER BIDDERS BASED ON
PRICE AND AVAILABILITY AS NEEDED THROUGH THE END OF 2024
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #24-08 and
authorizes the purchase of HDPE Drainage Pipe from Northwest Arkansas Winwater as primary
supplier and for varying unit prices and further authorizes the use of other bidders based on price and
availability as needed through the end of 2024.
Page 1
Page 204 of 286
Terry Gulley
Submitted By
City of Fayetteville Staff Review Form
2023-1501
Item ID
1/2/2024
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
12/1/2023
Submitted Date
Action Recommendation:
TRANSPORTATION SERVICES (410)
Division / Department
A resolution to award Bid 24-08 and authorize the purchase of HDPE Drainage Pipe from Northwest Arkansas
Winwater as primary supplier in variable amounts and for varying unit prices and to authorize the use of other
bidders based on price and availability as needed through the end of 2024.
Budget Impact:
Account Number Fund
Project Number Project Title
Budgeted Item? Yes Total Amended Budget $ -
Expenses (Actual+Encum) $ -
Available Budget $
Does item have a direct cost? Yes Item Cost $ Is a Budget Adjustment attached? No Budget Adjustment $ -
Remaining Budget $
V20221130
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments: The "item cost" & "current budget" boxes have been left blank because these items will vary depending
upon fluctuating needs based on citizen service requests received, constrution projects approved, and
nthar varinhla fartnrc
Page 205 of 286
CITY OF
r_ FAYETTEVILLE
ARKANSAS
BID TABULATION
Bid 24-08, HDPE Drainage Pipe
DEADLINE: Thursday, November 2, 2023 at 2:00 PM
Core and Main
Northwest Arkansas Winwater
CONSOLIDATED PIPE
Ferguson Waterworks
Total
$99,704.74
$99,739.84
$108,226.00
$110,832.38
Line # Description QTY UOM
Unit
Extended
Unit
Extended
Unit
Extended
Unit
Extended
1 Section A: Plastic Drainage Pipe 1 EA
$46,897.54
$46,877.64
$S0,948.00
$56,841.98
1.1 Plastic Drainage Pipe N-12 Soil Tight (1S Inches) 100 LF
liim
$11.57
$12.50
$11.82
1.2 Plastic Drainage Pipe N-12 Soil Tight (18 Inches) 500 LF
$14.48
$14.44
$15.60
$14.75
1.3 Plastic Drainage Pipe N-12 Soil Tight (24 Inches) 500 LF
$24.04
$23.98
$26.00
$24.50
1.4 Plastic Drainage Pipe N-12 Soil Tight (30 Inches) 300 LF
$35.90
$35.89
$39.00
$36.65
1.5 Plastic Drainage Pipe N-12 Soil Tight (36 Inches) 100 LF
$48.60
$48.59
$54.00
$49.62
1.6 Plastic Drainage Pipe N-12 Soil Tight (42 Inches) 60 LF
S69.54
$70.60
$76.50
$72.10
1.7 Plastic Drainage Pipe N-12 Soil Tight (48 Inches) 60 LF
$76.00
$77.17
$83.50
$78.80
1.8 Flared End Section (15 Inches) 2 EA
$261.73
$255.05
$266.00
S250.71
1.9 Flared End Section (18 Inches) 2 EA
$351.60
$330.85
$376.00
$336.79
1.10 Flared End Section (24 Inches) 2 EA
$451.24
S423.32
$457.00
$432.23
1.11 Flared End Section (30 Inches) 2 EA
No Bid
No Bid
No Bid
S503.80
1.12 Flared End Section (36 Inches) 2 EA
No Bid
No Bid
No Bid
S734.66
1.13 Flared End Section (42 Inches) 2 EA
No Bid
No Bid
No Bid
$1,480.66
1.14 Flared End Section (48 Inches) 2 EA
No Bid
No Bid
No Bid
JLZ23.14
2 Section B: High Performance Plastic Drainage Pipe 1 EA
$52,807.20
$52,862.20
$S7,278.00
$53,990.40
2.1 Plastic Drainage Pipe High Performance (15 Inches) 100 LF
$13.31
$13.30
$14.50
$13.59
2.2 Plastic Drainage Pipe High Performance (18 Inches) 300 LF
$17.96
$17.95
$19.50
$18.34
2.3 Plastic Drainage Pipe High Performance (24 Inches) 300 LF
$30.45
$30.44
$33.00
$31.08
2.4 Plastic Drainage Pipe High Performance (30 Inches) 500 LF
$46.79
$46.65
$50.30
$47.64
2.5 Plastic Drainage Pipe High Performance (36 Inches) 60 LF
igt4
$57.79
$62.30
$59.01
2.6 Plastic Drainage Pipe High Performance (42 Inches) 60 LF
S71.07
$71.79
$80.00
$73.31
2.7 Plastic Drainage Pipe High Performance (48 Inches) 60 LF
12ZM1
$98.591
$106.S01
$100.77
What is the guaranteed delivery time from receipt of order?
12 business days
1 week
7 business days
TBD at order
• NOTICE: Bid award is contingent upon vendor meeting minimum specifications and formal authorization by City Officials.
Vill
FL Kenny Fitch, Purchasing Agent
Amanda Beilfus Sr. Purchasing Agent
Page 206 of 286
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF DECEMBER 28, 2023
CITY COUNCIL MEMO
2023-1502
TO: Mayor Jordan and City Council
THRU: Chris Brown, Public Works Director
FROM: Terry Gulley, Asst Public Works Director - Ops
DATE: December 8, 2023
SUBJECT: A resolution to award Bid 24-09 and authorize the purchase of Precast Drainage Pipe
& Structures from Scurlock Industries of Fayetteville in variable amounts and for
varying unit prices as needed through the end of 2024.
RECOMMENDATION:
A resolution to award Bid 24-09 and authorize the purchase of Precast Drainage Pipe & Structures from
Scurlock Industries of Fayetteville in variable amounts and for varying unit prices as needed through the end of
2024.
BACKGROUND:
The purchase of bulk construction materials and services is necessary to maintain current infrastructure and to
implement the 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 materials and services have been budgeted in various capital projects within the
Sales Tax Capital Improvements Fund and Street Fund operating programs.
ATTACHMENTS: SRF (#3), Bid 24-09, Bid Tab - Signed (#4)
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Page 207 of 286
== City of Fayetteville, Arkansas
y 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
- Legislation Text
File #: 2023-1502
A resolution to award Bid 24-09 and authorize the purchase of Precast Drainage Pipe &
Structures from Scurlock Industries of Fayetteville in variable amounts and for varying unit
prices as needed through the end of 2024.
A RESOLUTION TO AWARD BID #24-09 AND AUTHORIZE THE PURCHASE OF PRECAST
DRAINAGE PIPE & STRUCTURES FROM SCURLOCK INDUSTRIES OF FAYETTEVILLE IN
VARIABLE AMOUNTS AND FOR VARYING UNIT PRICES AS NEEDED THROUGH THE END
OF 2024
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #24-09 and
authorizes the purchase of Precast Drainage Pipe & Structures from Scurlock Industries of Fayetteville
in variable amounts and for varying unit prices as shown in the bid sheet attached to this Resolution as
needed through the end of 2024.
Page 1
Page 208 of 286
Terry Gulley
Submitted By
City of Fayetteville Staff Review Form
2023-1502
Item ID
1/2/2024
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
12/1/2023 TRANSPORTATION SERVICES (410)
Submitted Date Division / Department
Action Recommendation:
A resolution to award Bid 24-09 and authorize the purchase of Precast Drainage Pipe & Structures from Scurlock
Industries of Fayetteville in variable amounts and for varying unit prices as needed through the end of 2024.
Budget Impact:
Account Number Fund
Project Number Project Title
Budgeted Item? Yes Total Amended Budget $ -
Expenses (Actual+Encum) $ -
Available Budget $
Does item have a direct cost? Yes Item Cost $ Is a Budget Adjustment attached? No Budget Adjustment $ -
Remaining Budget $
V20221130
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments: The "item cost" & "current budget" boxes have been left blank because these items will vary depending
upon fluctuating needs based on citizen service requests received, constrution projects approved, and
nthar varinhla fartnrc
Page 209 of 286
CITY OF
FAYETTEVILLE
IARKANSAS
BID TABULATION
Bid 24-09, Precast Drainage Pipe & Structures
DEADLINE: Thursday. November 2. 2023 at 2:00 PM
Scurlock Industries of Fayetteville
Total
$436,905.00
Une N
Description
QTY UOM
Unit
Extended
1
Section A: Reinforced Concrete Pipe & Flared End Section Concrete
1
EA
$77,825.00
1.1
Reinforced Concrete Pipe, Class III, Round (15 inches)
90
FT
$23.OD
1.2
Reinforced Concrete Pipe, Class III, Round (18 inches)
180
FT
26A0
1.3
Reinforced Concrete Pipe, Class III, Round (24 inches)
180
FT
$36_00
1.4
Reinforced Concrete Pipe, Class III, Round (30 inches)
45
FT
55.00
1.5
Reinforced Concrete Pipe, Can III, Round (36 inches)
45
FT
$83.W
1.6
Reinforced Concrete Pipe, Class III, Round (42 inches)
45
FT
S1134.00
1.7
Reinforced Concrete Pipe, Class III, Round (48 inches)
45
FT
S12S.00
1.8
Flared End Section Concrete, Round (15 inches)
2
EA
S4W.00
1.9
Flared End Section Concrete, Round (18 inches)
2
EA
S450.00
1.10
Flared End Section Concrete, Round (24 inches)
2
EA
S525.00
1.11
Flared End Section Concrete, Round (30 inches)
2
EA
$640.00
1.12
Flared End Section Concrete, Round (36 inches)
2
EA
SMIXI.00
1.13
Flared End Section Concrete, Round (42 inches)
2
EA
$1500.00
1.14
Flared End Section Concrete, Round (48 inches)
2
EA
$1.800.00
1.15
Reinforced Concrete Pipe, Class III, Eliptical (14" X 23")
75
FT
W-00
1.16
Reinforced Concrete Pipe, Class III, Eliptical (19" X 30")
75
FT
52.00
1.17
Reinforced Concrete Pipe, Class III, Eliptical (24" X 38")
75
FT
$73.00
1.18
Reinforced Concrete Pipe, Class III, Eliptical (29" X 45")
75
FT
S108.00
1.19
Reinforced Concrete Pipe, Class III, Eliptical (34" X 53")
45
FT
S142.00
1.20
Reinforced Concrete Pipe, Class III, Eliptical (38" X 60")
45
FT
$174.00
2
Section B: Reinforced Concrete Junction and Inlet Boxes
1
EA
$118,000.00
2.1
Reinforced Concrete Junction Box - No Top (4' x 4' x 4')
10
EA
$2.1W.
2.2
Reinforced Concrete Junction Box - No Top (5' x 5' x 5')
5
EA
$311W.W
2.3
Reinforced Concrete Junction Box - No Top (6' x 6' x (S)
5
EA
$4,700.00
2.4
Reinforced Concrete Inlet Box - No Top (4' x 4' x 4')
10
EA
$2,100.00
2.5
Reinforced Concrete Inlet Box - No Top (Six 5' x 5')
5
EA
MOOD.
2.6
Reinforced Concrete Inlet Box - No Top (6' x 6' x 6')
5
EA
S4.500.00
3
Section C: Reinforced Concrete Culvert Boxes
1
EA
$241,080.00
3.1
Reinforced Concrete Culvert Box - With Top (2.5' Rise x 5' Span)
42
LF
$375.00
3.2
Reinforced Concrete Culvert Box - With Top (3' Rise x B' Span)
42
LF
$475.00
3.3
Reinforced Concrete Culvert Box - With Top (3' Rise x 12' Span)
42
LF
S695.00
3.4
Reinforced Concrete Culvert Box - With Top (3' Rise x 16' Span)
42
LF
S1,200.00
3.5
Reinforced Concrete Culvert Box - With Top (4' Rise x 4' Span)
42
LF
$350.00
3.6
Reinforced Concrete Culvert Box - With Top (4' Rise x 8' Span)
42
LF
$505.00
3.7
Reinforced Concrete Culvert Box - With Top (4' Rise x 9' Span)
42
LF
$540.00
3.8
Reinforced Concrete Culvert Box - With Top (4' Rise x 12' Span)
42
LF
S750.00
3.9
Reinforced Concrete Culvert Box - With Top IS' Rise x 12' Span)
42
LF
im-0-0
What is the guaranteed delivery time from receipt of order?
Flexible to City's schedule
NOTICE: Bid a-d! is contingent upon vendor meeting minimum spe--n- and rormal au[nenn[an try ury Unrtms.
Kenny ritch, purchasing Agent
ll ��a3
Am.nmBein�:, purmasmgAgent
Page 210 of 286
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF DECEMBER 28, 2023
CITY COUNCIL MEMO
2023-1503
TO: Mayor Jordan and City Council
THRU: Chris Brown, Public Works Director
FROM: Terry Gulley, Asst Public Works Director - Ops
DATE: December 8, 2023
SUBJECT: A resolution to award Bid 24-10 and authorize the purchase of Precast Modular Block
Retaining Wall Units from Industrial Precast Inc. as primary supplier in variable
amounts and for varying unit prices and to authorize the use of other bidders based
on price and availability as needed through the end of 2024.
RECOMMENDATION:
A resolution to award Bid 24-10 and authorize the purchase of Precast Modular Block Retaining Wall Units
from Industrial Precast Inc. as primary supplier in variable amounts and for varying unit prices and to authorize
the use of other bidders based on price and availability as needed through the end of 2024.
BACKGROUND:
The purchase of bulk construction materials and services is necessary to maintain current infrastructure and to
implement the 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 materials and services have been budgeted in various capital projects within the
Sales Tax Capital Improvements Fund and Street Fund operating programs.
ATTACHMENTS: SRF (#3), Bid 24-10, Bid Tab - Signed (#4)
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Page 211 of 286
== City of Fayetteville, Arkansas
Y 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
- Legislation Text
File #: 2023-1503
A resolution to award Bid 24-10 and authorize the purchase of Precast Modular Block Retaining
Wall Units from Industrial Precast Inc. as primary supplier in variable amounts and for varying
unit prices and to authorize the use of other bidders based on price and availability as needed
through the end of 2024.
A RESOLUTION TO AWARD BID #24-10 AND AUTHORIZE THE PURCHASE OF PRECAST
MODULAR BLOCK RETAINING WALL UNITS FROM INDUSTRIAL PRECAST, INC. AS
PRIMARY SUPPLIER IN VARIABLE AMOUNTS AND FOR VARYING UNIT PRICES AND TO
AUTHORIZE THE USE OF OTHER BIDDERS BASED ON PRICE AND AVAILABILITY AS
NEEDED THROUGH THE END OF 2024
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #24-10 and
authorizes the purchase of Precast Modular Block Retaining Wall Units from Industrial Precast Inc. as
primary supplier in variable amounts and for varying unit prices as shown in the bid sheet attached to
this Resolution and further authorizes the use of other bidders based on price and availability as needed
through the end of 2024.
Page 1
Page 212 of 286
Terry Gulley
Submitted By
City of Fayetteville Staff Review Form
2023-1503
Item ID
1/2/2024
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
12/1/2023
Submitted Date
Action Recommendation:
TRANSPORTATION SERVICES (410)
Division / Department
A resolution to award Bid 24-10 and authorize the purchase of Precast Modular Block Retaining Wall Units from
Industrial Precast Inc. as primary supplier in variable amounts and for varying unit prices and to authorize the use
other bidders based on price and availability as needed through the end of 2024.
Budget Impact:
Account Number Fund
Project Number Project Title
Budgeted Item? Yes Total Amended Budget $ -
Expenses (Actual+Encum) $ -
Available Budget $
Does item have a direct cost? Yes Item Cost $ Is a Budget Adjustment attached? No Budget Adjustment $ -
Remaining Budget $
V20221130
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments: The "item cost" & "current budget" boxes have been left blank because these items will vary depending
upon fluctuating needs based on citizen service requests received, constrution projects approved, and
nthar varinhla fartnrc
Page 213 of 286
CITY of
FAYETTEVILLE
ARKANS
ARKANSAS
BID TABULATION
Bid 24-10, Precast Modular Block Retaining Wall Units
nFAnl INF --d- N.-her 2. 2023 at 2:00 PM
Noble Concrete and Prcrast
Industrial Pre A Inc.
GCAST INC
Total
$81,880.00
$256,675.00
$285,020.00
Um# Description CITY UOM
Unit
I Extended
Unit
Extended
Unit
Extended
1 Section A: Limestone Face (Without Added Color) 1 EA
No Bid
$102.550.00
$123,190.00
1.1 Full Top Block 28" 100 EA
No Bid
5140.00
$18MOO
1.2 Half Top Block 28' 25 EA
No Bid
S100.00
$135,00
1.3 Half Middle Block 28" 25 FA
No Bid
5100.00
$135.00
1.4 Full Middle Black 28" 250 EA
No Bid
SISS.00
$180.00
1.5 Full Base Block 28" 25 EA
No Bid
SIS5A0
$180.00
1.6 Full Middle Block 41" 50 FA
No Bid
165.OD
$220.00
1.7 Half Middle Block 41" 30 EA
No Bid
S105.00
$142.00
1.8 Full Base Block 41" 25 EA
No Bid
165A0
$220.00
1.9 Full Middle Block 60" 25 EA
No Bid
$190.00
$248.00
1.10 Half Middle Block 60" 10 EA
No Bid
S125A0
$170.00
1.11 Full Base Block 60" 10 EA
No Bid
$190,00
$248.00
1.12 52" XL Black 10 EA
No Bid
$285.00
5248.00
1.13 72" XL Block 10 FA
No Bid
$325.00
S298M
1.14 96' XL Block 10 EA
No Bid
$375.00
$3b,00
1.15 Freestanding Middle Block 24" 2$ EA
No Bid
$150.00
$280.00
1.16 Freestanding Middle End Block 24" 10 EA
No Bid
$ISOXI
$180.00
`:0.00
1.17 Freestanding Top End Block 24" 10 EA
NO Bid
SISOAO
1.18 Freestanding top Block 24" 10 EA
No Bid
I50.00
$180.00
1.19 Garden To Black 24" 10 EA
No Bid
.00
$180.00
2 Section B: Ledgestone Face (Without Added Color) 1 EA
$70,150.00
$102,550.00
$120,590.00
2.1 Full Top Block 28" 100 EA
$173.00
S14aoo
$176.00
2.2 Half Top Block 28' 25 EA
$128.00
5100.00
$132.00
2.3 Half Middle Black 28" 25 EA
$128.00
5100.00
$132.00
2.4 Full Middle Block 28" 250 EA
$173.00
SssS.ro
$176.00
2.5 Full Base Block 29" 25 EA
,$128
$155.00
5176.00
2.6 Full Middle Block 41" 50 EA
No Bid
S165AD
5216.00
2.7 Half Middle Block 41" 10 EA
No Bid
$,1¢SIN
$139.W
2.8 Full Base Block 42" 25 EA
NO Bid
S165,ao
$216.00
2.9 Full Middle Block 60" 25 EA
No Bid
S190M
$244.00
2.10 Half Middle Block 60" 10 EA
NO Bid
51261At
$166.OD
2.11 Full Base Block 60" 10 FA
NO Bid
S790A0
$244.00
2.12 52" XL Block 10 EA
No Bid
$285.00
52 m
2.13 72" XL Black 30 EA
No Bid
$325.00
S292,00
2.14 96" XL Block 10 EA
No Bid
$375.00
S3080
2.15 Freestanding Middle Block 24" 25 EA
No Bid
5150310
$176.00
2.16 Freestanding Middle End Block 24" 10 EA
No Bid
5150.00
$276.00
2.17 Freestanding Top End Block 24" 10 EA
No Bid
1 .00
:176.00
2.18 Freestanding top Block 24" SO EA
No Bid
5175.00
2.19 Garden Top Block 24" SO EA
No Bid
1 9150.00
$276.00
3 Section C: Bin Blocks 1 EA
No Bid
$29,375.00
$i22,000.00
3.1 Full Bin Block -2'x2'x 6' 100 EA
NO Bid
$250.00
5376110
3.2 Half Bin Black -2'x 2'x 3' 25 EA
NO Bid
S1751a
$176.00
4 Section D: Hollow Core Blocks 1 EA
$11,730.00
$11,700.00
$13,640.00
4.1 F-HC Halbw Core 50 EA
5173.00
SISSAO
$176.00
4.2 F-CHC Corner Hollow Core 30 EA
$215.00
$155.00
$176.00
4.3 F-HHC Half Hollow Core 10 EA
$128.00
120.00
$132.00
4.4 F-HCHC Half -Comer Hollow Core 10 EA
1 65.001
$120.00
$176400
5 Section E: Color and Seal 1 EA
No Bid
$50,500.00
$5,600.00
50
5.1 Cost per Block to Color and Seal 3EA
No Bid1
$30.00
16A0
Who Is the manufacturer?
Noble Concrete
and Precast
Industrial
Precast Inc.
VMFBIock/G-Cast
What is the minimum order?
NA
48,000 pounds
48,000 ounds
What is the guaranteed delivery time from receipt oforder7
30 days
30days
30 days
l i g a3
Ananaa and w, L. ury aaenl
Page 214 of 286
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF DECEMBER 28, 2023
CITY COUNCIL MEMO
2023-1504
TO: Mayor Jordan and City Council
THRU: Chris Brown, Public Works Director
FROM: Terry Gulley, Asst Public Works Director - Ops
DATE: December 8, 2023
SUBJECT: A resolution to award Bid 24-11 and authorize the purchase of High Performance
Cold Mix from Emery Sapp & Sons in variable amounts and for varying unit prices as
needed through the end of 2024.
RECOMMENDATION:
A resolution to award Bid 24-11 and authorize the purchase of High Performance Cold Mix from Emery Sapp &
Sons in variable amounts and for varying unit prices as needed through the end of 2024.
BACKGROUND:
The purchase of bulk construction materials and services is necessary to maintain current infrastructure and to
implement the 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 materials and services have been budgeted in various capital projects within the
Sales Tax Capital Improvements Fund and Street Fund operating programs.
ATTACHMENTS: SRF (#3), Bid 24-11, Bid Tab - Signed (#4)
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Page 215 of 286
== City of Fayetteville, Arkansas
y 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
- Legislation Text
File #: 2023-1504
A resolution to award Bid 24-11 and authorize the purchase of High Performance Cold Mix from
Emery Sapp & Sons in variable amounts and for varying unit prices as needed through the end of
2024.
A RESOLUTION TO AWARD BID #24-11 AND AUTHORIZE THE PURCHASE OF HIGH
PERFORMANCE COLD MIX FROM EMERY SAPP & SONS, INC. IN VARIABLE AMOUNTS
AND FOR VARYING UNIT PRICES AS NEEDED THROUGH THE END OF 2024
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #24-11 and
authorizes the purchase high performance cold mix from Emery Sapp & Sons, Inc. in variable amounts
and for varying unit prices as shown in the bid sheet attached to this Resolution as needed through the
end of 2024.
Page 1
Page 216 of 286
Terry Gulley
Submitted By
City of Fayetteville Staff Review Form
2023-1504
Item ID
1/2/2024
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
12/1/2023 TRANSPORTATION SERVICES (410)
Submitted Date Division / Department
Action Recommendation:
A resolution to award Bid 24-11 and authorize the purchase of High Performance Cold Mix from Emery Sapp & Sons
D/B/A Hutchens Construction Company, LLC in variable amounts and for varying unit prices as needed through the
end of 2024.
Budget Impact:
Account Number Fund
Project Number Project Title
Budgeted Item? Yes Total Amended Budget $ -
Expenses (Actual+Encum) $ -
Available Budget $
Does item have a direct cost? Yes Item Cost $ Is a Budget Adjustment attached? No Budget Adjustment $ -
Remaining Budget $
V20221130
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments: The "item cost" & "current budget" boxes have been left blank because these items will vary depending
upon fluctuating needs based on citizen service requests received, constrution projects approved, and
nthar varinhla fartnrc
Page 217 of 286
CITY OF
_ FAYETTEVILLE
ARKANSAS
BID TABULATION
Bid 24-11, High Performance Cold Mix
DEADLINE: Thursday, November 2, 2023 at 2:00 PM
Total
APAC-Central, Inc.
Emery Sapp & Sons, Inc.
$72,000.00
$114,000.00
Line # Description QTY UOM
Unit
I Extended
Unit
Extended
1 High Performance Cold Mix - For pick up by the City of Fayetteville from Vendor's location. (*UPM - Mix*) 400 Ton
2 High Performance Cold Mix - For delivery by vendor to a City of Fayetteville location. (*UPM - Mix*) 400 Ton
$180.00
No Bid
$72,000.00
$135.00
I S150.00
$54,000.00
$60,000.00
Where is the plant location for pickup?
Puppy Creek Rd
I Sonora, AR
* NOTICE: Bid award is contingent upon vendor meeting minimum specifications and formal authorization by City Officials.
c
Kenny Fitch, Purchasing Agent
a3
Ama a Beilfuss, Sr. Purchasing A t
Page 218 of 286
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF DECEMBER 28, 2023
CITY COUNCIL MEMO
2023-1505
TO: Mayor Jordan and City Council
THRU: Chris Brown, Public Works Director
FROM: Terry Gulley, Asst Public Works Director - Ops
DATE: December 8, 2023
SUBJECT: A resolution to award Bid 24-13 and authorize the purchase of Preformed
Thermoplastic Pavement Markings from Geveko Markings Inc. as primary supplier in
variable amounts and for varying unit prices and to authorize the use of other
bidders based on price and availability as needed through the end of 2024.
RECOMMENDATION:
A resolution to award Bid 24-13 and authorize the purchase of Preformed Thermoplastic Pavement Markings
from Geveko Markings Inc. as primary supplier in variable amounts and for varying unit prices and to authorize
the use of other bidders based on price and availability as needed through the end of 2024.
BACKGROUND:
The purchase of bulk construction materials and services is necessary to maintain current infrastructure and to
implement the 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 materials and services have been budgeted in various capital projects within the
Sales Tax Capital Improvements Fund and Street Fund operating programs.
ATTACHMENTS: SRF (#3), Bid 24-13, Bid Tab - Signed (#4)
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Page 219 of 286
== City of Fayetteville, Arkansas
Y 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
- Legislation Text
File #: 2023-1505
A resolution to award Bid 24-13 and authorize the purchase of Preformed Thermoplastic
Pavement Markings from Geveko Markings Inc. as primary supplier in variable amounts and for
varying unit prices and to authorize the use of other bidders based on price and availability as
needed through the end of 2024.
A RESOLUTION TO AWARD BID #24-13 AND AUTHORIZE THE PURCHASE OF PREFORMED
THERMOPLASTIC PAVEMENT MARKINGS FROM GEVEKO MARKINGS, INC. AS PRIMARY
SUPPLIER IN VARIABLE AMOUNTS AND FOR VARYING UNIT PRICES AND TO
AUTHORIZE OTHER BIDDERS BASED ON PRICE AND AVAILABILITY AS NEEDED
THROUGH THE END OF 2024
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #24-13 and
authorizes the purchase of Preformed Thermoplastic Pavement Markings from Geveko Markings Inc. in
variable amounts and for varying unit prices as shown in the bid sheet attached to this Resolution and
further authorizes the use of other bidders based on price and availability as needed through the end of
2024.
Page 1
Page 220 of 286
Terry Gulley
Submitted By
City of Fayetteville Staff Review Form
2023-1505
Item ID
1/2/2024
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
12/1/2023
Submitted Date
Action Recommendation:
TRANSPORTATION SERVICES (410)
Division / Department
A resolution to award Bid 24-13 and authorize the purchase of Preformed Thermoplastic Pavement Markings from
Geveko Markings Inc. as primary supplier in variable amounts and for varying unit prices and to authorize the use of
other bidders based on price and availability as needed through the end of 2024.
Budget Impact:
Account Number Fund
Project Number Project Title
Budgeted Item? Yes Total Amended Budget $ -
Expenses (Actual+Encum) $ -
Available Budget $
Does item have a direct cost? Yes Item Cost $ Is a Budget Adjustment attached? No Budget Adjustment $ -
Remaining Budget $
V20221130
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments: The "item cost" & "current budget" boxes have been left blank because these items will vary depending
upon fluctuating needs based on citizen service requests received, constrution projects approved, and
nthar varinhla fartnrc
Page 221 of 286
CITY OF
_ FAYETTEVILLE
ARKANSAS
BID TABULATION
Bid 24-13, Preformed Thermoplastic Pavement Markings
DEADLINE: Thursday, November 2, 2023 at 2:00 PM
Ozark Materials, LLC
Ennis -Flint, Inc.
Geveko Markings Inc
Preform LLC
Total
$17,448.20
$61,964.20
$62,226.70
$140,970.50
Line A Description QTY UOM
Unit
Extended
Unit
Extended
Unit
Extended
Unit
Extended
OPTAMARK Preformed Thermoplastic Pavement Markings (shall be constituted of white long line, high skid
1 7000 SF
$1.92
$13,440.00
$2.18
$15,260.00
$3.06
$21,420.00
$2.54
$17,780.00
material, 125 mil, in a variety of widths from 4" to 24"), including shipping.
2 OPTDCROSS TP 21 - Running bond decorative prick thermoplastic pavement markings (2' x 2' pieces, 7 sq. ft. pack 2800 SF
No Bid
$7.77
$21,756.00
$6.90
$19,320.00
$31.79
$89,012.00
shall include sealer kit), including shipping. (Brick Red with White grout lines)
3 OPTDCROSS TP 36 - Border for decorative brick thermoplastic pavement markings (14 sq. ft. per pack to include 1400 SF
No Bid
$7.77
$10,878.00
$ .90
$9,660.00
$15.86
$22,204.00
sealer kit), including shipping. (Brick Red with White grout lines)
4 OPTAMARK Sealer Kit 10 Packs
No Bid
$85.00
$850.00
0.01
$0.10
$55.00
$550.00
5 OPTAMARK Preformed thermoplastic contrast shared lane marking 125 mil (white with green background) - per 5 EA
No Bid
$247.08
$1,235.40
$211.68
$1,058.40
$205.80
$1,029.00
MUTCD, figure 9C-9, including shipping.
6 OPTAMARK FHWA standard straight 125 mil white thermoplastic arrow, including shipping. 20 EA
111M
$1,033.20
$63.68
$1,273.60
$62.80
$1,256.00
$60.20
$1,204.00
7 OPTAMARK FHWA standard left 125 mil white thermoplastic arrow, including shipping. 50 EA
$59.50
$2,975.00
$73.84
$3,692.00
$72.82
$3,641.00
$69.83
$3,491.50
8 OPTAMARK contrast bike lane straight arrow (125 mil white with green background) 20 EA
No Bid
$172.98
$3,459.60
$146.78
$2,935.60
$142.50
$2,850.00
9 OPTAMARK contrast bike lane bicycle rider (125 mil white with green background) 20 EA I
No Bid
$172.98
$3,459.60
$146.78
$2,935.60
142.50
$2,850.00
' NOTICE: Bid award is contingent upon vendor meeting minimum specifications and formal authorization by City Officials.
• NOTICE: Based on bid results, it is in the City of Fayetteville's best Interest to award to vendors that submitted pricing on all line items for a one year term.
Kenny Fitch, Purchasing Agent
Amanda Beilfu . Purchasing Agent
Page 222 of 286
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF DECEMBER 28, 2023
CITY COUNCIL MEMO
2023-1506
TO: Mayor Jordan and City Council
THRU: Chris Brown, Public Works Director
FROM: Terry Gulley, Asst Public Works Director - Ops
DATE: December 8, 2023
SUBJECT: A resolution to award Bid 24-14 and authorize the purchase of Lighting from Premier
Lighting Group in variable amounts and for varying unit prices as needed through
the end of 2024.
RECOMMENDATION:
A resolution to award Bid 24-14 and authorize the purchase of Lighting from Premier Lighting Group in
variable amounts and for varying unit prices as needed through the end of 2024.
BACKGROUND:
The purchase of bulk construction materials and services is necessary to maintain current infrastructure and to
implement the 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 materials and services have been budgeted in various capital projects within the
Sales Tax Capital Improvements Fund and Street Fund operating programs.
ATTACHMENTS: SRF (#3), Bid 24-14, Bid Tab - Signed (#4)
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Page 223 of 286
== City of Fayetteville, Arkansas
Y 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
- Legislation Text
File #: 2023-1506
A resolution to award Bid 24-14 and authorize the purchase of Lighting from Premier Lighting
Group in variable amounts and for varying unit prices as needed through the end of 2024.
A RESOLUTION TO AWARD BID #24-14 AND AUTHORIZE THE PURCHASE OF LIGHTS,
FIXTURES, AND POLES FROM PREMIER LIGHTING GROUP IN VARIABLE AMOUNTS AND
FOR VARYING UNIT PRICES AS NEEDED THROUGH THE END OF 2024
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #24-14 and
authorizes the purchase of lights, fixtures, and poles from Premier Lighting Group in variable amounts
and for varying unit prices as shown in the bid sheet attached to this Resolution as needed through the
end of 2024.
Page 1
Page 224 of 286
Terry Gulley
Submitted By
City of Fayetteville Staff Review Form
2023-1506
Item ID
1/2/2024
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
12/1/2023 TRANSPORTATION SERVICES (410)
Submitted Date Division / Department
Action Recommendation:
A resolution to award Bid 24-14 and authorize the purchase of Lighting from Premier Lighting Group in variable
amounts and for varying unit prices as needed through the end of 2024.
Budget Impact:
Account Number Fund
Project Number Project Title
Budgeted Item? Yes Total Amended Budget $ -
Expenses (Actual+Encum) $ -
Available Budget $
Does item have a direct cost? Yes Item Cost $ Is a Budget Adjustment attached? No Budget Adjustment $ -
Remaining Budget $
V20221130
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments: The "item cost" & "current budget" boxes have been left blank because these items will vary depending
upon fluctuating needs based on citizen service requests received, constrution projects approved, and
nthar varinhla fartnrc
Page 225 of 286
CITY OF
_ FAYETTEV'ILLE
ARKANSAS
BID TABULATION
Bid 24-14, Lighting
DEADLINE: Thursdav, November 2, 2023 at 2:00 PM
Total
Premier Lighting Group
$433,025.00
Line #
Description
QTY UOM
Unit
Extended
1
2
3
4
5
6
7
8
9
10
11
12
Visionaire Lighting Model# ODN-I-L-T2-48LC-5-4K-UNV-UAM-BK-05/H3-Trail Fixture
Visionaire Lighting Model# N2F-L-LITA-T2-32LC-5-4K-UNV-PT-BK-FINI-FBC (BLACK) -Street Fixture
Visionaire Lighting Model# N2F-L-LITA-T2-32LC-5-4K-UNV-PT-CC-FINI-FBC (RAL 70-22)-Street Fixture
Visionaire Lighting Model# N2F-L-HTLINL-(type)-32LC-5-4K-UNV-PT-BK-FINI-FBC (BLACK) -Street Fixture
Visionaire Lighting Model# N2F-L-HTLINL-(type)-48LC-5-4K-UNV-PT-BK-FINI-FBC (BLACK) -Street Fixture
Visionaire Lighting Model# VA-100-M-Sl-4-BK-Trail Arm
Alliance Composites, Inc. Model# D3TS15FOONCA0254/BAS-0012-JAX-Direct bury 12 ft. exposed, 16 in. black decorative base, 4" O.D. Tenon
Visionaire Lighting Model# RNTFA-5R-. 188- 14-AKB-343-T3 R- BLACK- DCB-4-5RF-BLACK (14 ft. Pole) -Street Pole and Base
Visionaire Lighting Model# RNTFA-5R-.188-12-AKB-343-T3R-BLACK- DCB-4-5RF-BLACK (12 ft. Pole) -Street Pole and Base
Visionaire Lighting Model# RNTFA-SR-.188-14-AKB-343-T3R-CC-DCB-4-5RF-RAL 70-22 (14 ft. Pole) -Street Pole & Base
Visionaire Lighting Model# RNTFA-5R-.188-12-AKB-343-T3R-CC-DCB-4-5RF-RAL 70-22 (12 ft. Pole) -Street Pole & Base
Visionaire Lighting Model# RNTFA-4R-.188-8.5-AKB-343-T3R-CC-DCB-4-5RF-RAL 70-22 (8'-6" ft. Pole) -Street Pole & Base
25
10
50
50
50
25
25
10
10
10
10
10
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
$1,325.00
$33,125.00
$17,250.00
$88,000.00
$89,250.00
$94,750.00
$5,625.00
$16,875.00
$18,150.00
$17,100.00
$19,000.00
$18,300.00
$15,600.00
$1,725.00
$1,760.00
$1,785.00
$1,895.00
$225.00
$675.00
$1,815.00
$1,710.00
$1,900.00
$1,830.00
1560.00
NOTICE: Bid award is contingent upon vendor meeting minimum specifications and formal authorization by City Officials.
0'��1 l -1z3
iL Kenny Fitch, Purchasing Agent
II/da-5
Amanda Beilfu , Sr. Purchasing Age
Page 226 of 286
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF DECEMBER 28, 2023
CITY COUNCIL MEMO
2023-1507
TO: Mayor Jordan and City Council
THRU: Chris Brown, Public Works Director
FROM: Terry Gulley, Asst Public Works Director - Ops
DATE: December 8, 2023
SUBJECT: A resolution to award Bid 24-15 and authorize the purchase of Truck Hauling
Services from Jus Ewen Transport LLC in variable amounts and for varying unit
prices as needed through the end of 2024.
RECOMMENDATION:
A resolution to award Bid 24-15 and authorize the purchase of Truck Hauling Services from Jus Ewen
Transport LLC in variable amounts and for varying unit prices as needed through the end of 2024.
BACKGROUND:
The purchase of bulk construction materials and services is necessary to maintain current infrastructure and to
implement the 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 materials and services have been budgeted in various capital projects within the
Sales Tax Capital Improvements Fund and Street Fund operating programs.
ATTACHMENTS: SRF (#3), Bid 24-15, Bid Tab - Signed (#4)
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Page 227 of 286
== City of Fayetteville, Arkansas
y 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
- Legislation Text
File #: 2023-1507
A resolution to award Bid 24-15 and authorize the purchase of Truck Hauling Services from Jus
Ewen Transport LLC in variable amounts and for varying unit prices as needed through the end
of 2024.
A RESOLUTION TO AWARD BID #24-15 AND AUTHORIZE THE PURCHASE OF TRUCK
HAULING SERVICES FROM JUS EWEN TRANSPORT, LLC IN VARIABLE AMOUNTS AND
FOR VARYING UNIT PRICES AS NEEDED THROUGH THE END OF 2024
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #24-15 and
authorizes the purchase of Truck Hauling Services from Jus Ewen Transport LLC in variable amounts
and for varying unit prices as shown in the bid sheet attached to this Resolution as needed through the
end of 2024.
Page 1
Page 228 of 286
Terry Gulley
Submitted By
City of Fayetteville Staff Review Form
2023-1507
Item ID
1/2/2024
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
12/1/2023 TRANSPORTATION SERVICES (410)
Submitted Date Division / Department
Action Recommendation:
A resolution to award Bid 24-15 and authorize the purchase of Truck Hauling Services from Jus Ewen Transport LLC
in variable amounts and for varying unit prices as needed through the end of 2024.
Budget Impact:
Account Number Fund
Project Number Project Title
Budgeted Item? Yes Total Amended Budget $ -
Expenses (Actual+Encum) $ -
Available Budget $
Does item have a direct cost? Yes Item Cost $ Is a Budget Adjustment attached? No Budget Adjustment $ -
Remaining Budget $
V20221130
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments: The "item cost" & "current budget" boxes have been left blank because these items will vary depending
upon fluctuating needs based on citizen service requests received, constrution projects approved, and
nthar varinhla fartnrc
Page 229 of 286
CITY OF
_ FAYETTEVILLE
ARKANSAS
BID TABULATION
Bid 24-15, Truck Hauling Services
DEADLINE: Thursday, November 2, 2023 at 2:00 PM
Jus Ewen Transport LLC
MDM Trucking
Total
$178,500.00
$367,115.00
Line # Description QTy UOM
Unit Extended
Unit Extended
Truck Hauling Services - Asphalt Hauling:Hot mix asphalt from plant to paver. Truck bed shall be clean and free of
1 3000 Hours
51.00 $153,000.00
$104.89 $314,670.00
contaminates. No trailer hitches protruding past rear tires. BIDDER SHALL BE WILLING TO HAULASPHALT.
Truck Hauling Services - Miscellaneous Hauling:Excavation/construction debris which may include rock, dirt, chunks of
2 500 Hours
$51.00 $25,500.00
$104.89 $52,445.00
concrete, etc. EXCLUDES ASPHALT.
How much notice is required by the City before services are requested?
24 hours
24 hours
What is the minimum number of hours required per truck request?
8 hours
8 hours
• NOTICE: Bid award is contingent upon vendor meeting minimum specifications and formal authorization by City Officials.
dt',4�� i(il-� fZ
Kenny Fitch, Purchasing Agent
Amanda Be Ifuss, Sr. Purcha gent
Page 230 of 286
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF DECEMBER 28, 2023
CITY COUNCIL MEMO
2023-1508
TO: Mayor Jordan and City Council
THRU: Chris Brown, Public Works Director
FROM: Terry Gulley, Asst Public Works Director - Ops
DATE: December 8, 2023
SUBJECT: A resolution to award Bid 24-16 and authorize the purchase of delivered screened
topsoil from Blue Ribbon Site Services and the purchase of picked up screened
topsoil from Keith Austin Construction Company LLC in variable amounts as needed
through the end of 2024.
RECOMMENDATION:
A resolution to award Bid 24-16 and authorize the purchase of delivered screened topsoil from Blue Ribbon
Site Services and the purchase of picked up screened topsoil from Keith Austin Construction Company LLC in
variable amounts as needed through the end of 2024.
BACKGROUND:
The purchase of bulk construction materials and services is necessary to maintain current infrastructure and to
implement the 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 materials and services have been budgeted in various capital projects within the
Sales Tax Capital Improvements Fund and Street Fund operating programs.
ATTACHMENTS: SRF (#3), Bid 24-16, Bid Tab - Signed (#4)
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Page 231 of 286
== City of Fayetteville, Arkansas
y 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
- Legislation Text
File #: 2023-1508
A resolution to award Bid 24-16 and authorize the purchase of delivered screened topsoil from
Blue Ribbon Site Services and the purchase of picked up screened topsoil from Keith Austin
Construction Company LLC in variable amounts as needed through the end of 2024.
A RESOLUTION TO AWARD BID #24-16 AND AUTHORIZE THE PURCHASE OF DELIVERED
SCREENED TOPSOIL FROM BLUE RIBBON SITE SERVICES AND THE PURCHASE OF
PICKED UP SCREENED TOPSOIL FROM KEITH AUSTIN CONSTRUCTION COMPANY LLC IN
VARIABLE AMOUNTS AND FOR VARYING UNIT PRICES AS NEEDED THROUGH THE END
OF 2024
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #24-16 and
authorizes the purchase of delivered screened topsoil from Blue Ribbon Site Services and the purchase
of picked up screened topsoil from Keith Austin Construction Company LLC in variable amounts and
for varying unit prices as shown in the bid sheet attached to this Resolution as needed through the end of
2024.
Page 1
Page 232 of 286
Terry Gulley
Submitted By
City of Fayetteville Staff Review Form
2023-1508
Item ID
1/2/2024
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
12/1/2023
Submitted Date
Action Recommendation:
TRANSPORTATION SERVICES (410)
Division / Department
A resolution to award Bid 24-16 and authorize the purchase of delivered screened topsoil from Blue Ribbon Site
Services and the purchase of picked up screened topsoil from Keith Austin Construction Company LLC in variable
amounts as needed through the end of 2024.
Budget Impact:
Account Number Fund
Project Number Project Title
Budgeted Item? Yes Total Amended Budget $ -
Expenses (Actual+Encum) $ -
Available Budget $
Does item have a direct cost? Yes Item Cost $ Is a Budget Adjustment attached? No Budget Adjustment $ -
Remaining Budget $
V20221130
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments: The "item cost" & "current budget" boxes have been left blank because these items will vary depending
upon fluctuating needs based on citizen service requests received, constrution projects approved, and
nthar varinhla fartnrc
Page 233 of 286
CITY OF
W;M FAYETTEVI LLE
ARKANSAS
BID TABULATION
Bid 24-16, Screened Topsoil
DEADLINE: Thursday, November 2, 2023 at 2:00 PM
Keith Austin Construction Green Dream International
Blue Ribbon Site Services
Company LLC LLC
Total $54,375.00 $56,250.00 $70,125.00
Line # Description CITY UOM Unit Extended Unit Extended Unit Extended
1 Screened Topsoil - Delivered 1500 CY $21.25 $31,875.00 $24.00 $36,000.00 $24.75 $37,125.00
2 Screened Topsoil - Pickup 1500 CY $15.00 $22,500.00 $13.50 $20,250.00 $22.00 $33,000.00
NOTICE: Bid award is contingent upon vendor meeting minimum specifications and formal authorization by City Officials
23
Kenny Fitch, Purchasing
Amai da Beilfuss, Sr. Purihasing Agent
Page 234 of 286
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF DECEMBER 28, 2023
CITY COUNCIL MEMO
2023-1509
TO: Mayor Jordan and City Council
THRU: Chris Brown, Public Works Director
FROM: Terry Gulley, Asst Public Works Director - Ops
DATE: December 8, 2023
SUBJECT: A resolution to award Bid 24-18 and authorize the purchase of unscreened topsoil
from Blue Ribbon Site Services in variable amounts as needed through the end of
2024.
RECOMMENDATION:
A resolution to award Bid 24-18 and authorize the purchase of unscreened topsoil from Blue Ribbon Site
Services in variable amounts as needed through the end of 2024.
BACKGROUND:
The purchase of bulk construction materials and services is necessary to maintain current infrastructure and to
implement the 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 materials and services have been budgeted in various capital projects within the
Sales Tax Capital Improvements Fund and Street Fund operating programs.
ATTACHMENTS: SRF (#3), Bid 24-18, Bid Tab - Signed (#4)
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Page 235 of 286
== City of Fayetteville, Arkansas
y 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
- Legislation Text
File #: 2023-1509
A resolution to award Bid 24-18 and authorize the purchase of unscreened topsoil from Blue
Ribbon Site Services in variable amounts as needed through the end of 2024.
A RESOLUTION TO AWARD BID #24-18 AND AUTHORIZE THE PURCHASE OF
UNSCREENED TOPSOIL FROM BLUE RIBBON SITE SERVICES IN VARIABLE AMOUNTS AS
NEEDED THROUGH THE END OF 2024
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #24-18 and
authorizes the purchase of unscreened topsoil from Blue Ribbon Site Services in variable amounts as
shown in the bid sheet attached to this Resolution as needed through the end of 2024.
Page 1
Page 236 of 286
Terry Gulley
Submitted By
City of Fayetteville Staff Review Form
2023-1509
Item ID
1/2/2024
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
12/1/2023 TRANSPORTATION SERVICES (410)
Submitted Date Division / Department
Action Recommendation:
A resolution to award Bid 24-18 and authorize the purchase of unscreened topsoil from Blue Ribbon Site Services in
variable amounts as needed through the end of 2024.
Budget Impact:
Account Number Fund
Project Number Project Title
Budgeted Item? Yes Total Amended Budget $ -
Expenses (Actual+Encum) $ -
Available Budget $
Does item have a direct cost? Yes Item Cost $ Is a Budget Adjustment attached? No Budget Adjustment $ -
Remaining Budget $
V20221130
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments: The "item cost" & "current budget" boxes have been left blank because these items will vary depending
upon fluctuating needs based on citizen service requests received, constrution projects approved, and
nthar varinhla fartnrc
Page 237 of 286
CITY OF
FAYETTEVILLE
ARKANSA
BID TABULATION
Bid 24-18, Unscreened Topsoil
DEADLINE: Thursdav, November 2, 2023 at 2:00 PM
Total
Blue Ribbon Site Services
Grife Excavation
$ 93, 500.00
$182,000.00
Line # Description QTY UOM
Unit
Extended
Unit
Extended
1 Unscreened Topsoil - DELIVERY 6000 Cubic Yards
2 Unscreened Topsoil - PICKUP BY CITY STAFF 1000 Cubic Yards
$14.25
$g.00
$85,500.00
$8,000.001
$22.00
$50.00
$132,000.00
$50,000.00
NOTICE: Bid award is contingent upon vendor meeting minimum specifications and formal authorization by City Officials.
C
c�
Kenny Fitch, Purchasing Agent
II I9,/a3
Amanda Milfuss, Sr. Purchasing Agent
Page 238 of 286
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF DECEMBER 28, 2023
TO: Mayor Jordan and City Council
THRU:
CITY COUNCIL MEMO
2023-1512
FROM: Mike Reynolds, Police Chief
DATE: December 13, 2023
SUBJECT: Project Safe Neighborhoods (PSN) Supplemental Grant Award for the Fayetteville
Police Department
RECOMMENDATION:
Staff recommends the approval of a resolution and a budget adjustment in the amount of $2,862 for the
acceptance of the non -matching Project Safe Neighborhoods (PSN) supplemental grant award to the
Fayetteville Police Department.
BACKGROUND:
The Fayetteville Police Department received PSN grant funds in the total amount of $18,114.00, on August 1,
2023 from the Office of Intergovernmental Services (IGS) a division of the Arkansas Department of Finance &
Administration. On December 8, 2023, IGS notified the Fayetteville Police Department that an additional
award in the amount of $2,862.00 has been offered for attendance at the PSN Summit being held in
Indianapolis, Indiana. The PSN grant is designed to create and foster safer neighborhoods through a
sustained reduction of violent crime and works in partnership with the U.S. Attorney's Office for the Western
District of Arkansas. The program's effectiveness relies on the collaboration of local, state, and federal law
enforcement agencies working together with the communities they serve.
DISCUSSION:
FPD proposes to utilize the grant award of $2,862.00 for two officers to attend the PSN Summit. The officers
will benefit from attending the training and seminars offered at this Summit, as well as networking with other
officers from around the country to develop effective ways to target and reduce violent crime and prepare
federal cases for prosecution. The travel award will reimburse $1,431.00 per attendee for a total of $2,862.00.
The grant period for this award is from August 1, 2023, to July 1, 2024.
BUDGET/STAFF IMPACT:
There are no matching funds associated with this grant. A budget adjustment in the amount of $2,862.00 will
be added to the 2024 operating budget. There is no impact on staffing.
ATTACHMENTS: SRF (#3), BA (#4), df&a grant award documen_001 (#5)
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Page 239 of 286
== City of Fayetteville, Arkansas
y 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
- Legislation Text
File #: 2023-1512
Project Safe Neighborhoods (PSN) Supplemental Grant Award for the Fayetteville Police
Department
A RESOLUTION TO AUTHORIZE ACCEPTANCE OF A PROJECT SAFE NEIGHBORHOOD
GRANT AWARD IN THE AMOUNT OF $2,862.00 FOR THE FAYETTEVILLE POLICE
DEPARTMENT, AND TO APPROVE A BUDGET ADJUSTMENT
WHEREAS, on August 1, the Fayetteville Police Department received Project Safe Neighborhoods
grant funds in the total amount of $18,114.00; and
WHEREAS, on December 8, the Office of Intergovernmental Services notified the Police Department
that an additional award in the amount of $2,862.00 has been offered for two officers to attend the
Project Safe Neighborhoods Summit in Indianapolis, Indiana.
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 acceptance of
the Fiscal Year 2024 Project Safe Neighborhood Grant award in the amount of $2,862.00 for the
Fayetteville Police Department.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget
adjustment, a copy of which is attached to this Resolution.
Page 1
Page 240 of 286
Mike Reynolds
Submitted By
City of Fayetteville Staff Review Form
2023-1512
Item ID
1/2/2024
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
12/13/2023 POLICE (200)
Submitted Date Division / Department
Action Recommendation:
Staff recommends the approval of a resolution and a budget adjustment in the amount of $2,862 for the
acceptance of the non -matching Project Safe Neighborhoods (PSN) supplemental grant award to the Fayetteville
Police Department.
1010.200.2920 - 5304.00
Account Number
32210.2302
Project Number
Budgeted Item? No
Does item have a direct cost? No
Is a Budget Adjustment attached? Yes
Budget Impact:
General
Fund
Police PSN 2023 Grant
Project Title
Total Amended Budget $
Expenses (Actual+Encum) $
Available Budget
Item Cost
Budget Adjustment
$ 2,862.00
Remaining Budget 2,862.00 1
V20221130
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
Page 241 of 286
City of Fayetteville, Arkansas - Budget Adjustment (Agenda)
Budget Year Division POLICE (200) Adjustment Number
/Org2
2024 (BY)
Requestor: TTannehill
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
Establish a revenue and expense budget for travel and training revenue and expenses for the Project Safe Neighborhoods
supplemental grant award.
COUNCIL DATE: 1/2/2024
ITEM ID#: 2023-1512
Holly Black
7217312023 3:02 PM
Budget Division Date
TYPE: D - (City Council)
JOURNAL #:
GLDATE:
RESOLUTION/ORDINANCE CHKD/POSTED:
TOTAL 2,862 2,862 v.20231113
Increase / (Decrease) Project.Sub#
Account Number Expense Revenue Project Sub.Detl AT Account Name
1010.200.2920-4302.01 - 2,862 32210 2302 RE State Grants - Operational
1010.200.2920-5304.00 2,862 - 32210 2302 EX Travel & Training
I of 1
Page 242 of 286
ARKANSAS DEPARTMENT OF
FINANCE AND ADMINISTRATION
1-1 DTF RSAT
r—X1 PSN a COAP/COSSAP
1. SUBGRANTEE NAME AND ADDRESS (Including Zip Code)
Mr. Lioneld Jordan, Mayor
City of Fayetteville
100 W. Rock Street
Fayetteville, AR 72701
2. FEDERAL IDENTIFICATION NUMBER/UEI:
71-6018462/MXZNALCP4W19
3. MODIFICATION EFFECTIVE DATE:
4. MODIFICATION AMOUNT: $
FEDERALAMOUNT: $
STATE AMOUNT: $
LOCAL MATCH: $
OFFICE OF INTERGOVERNMENTAL SERVICES
1515 West Seventh Street, Suite 404
P.O. Box 8031
Little Rock, Arkansas 72203-8031
Phone: (501) 682-1074
Fax: (501) 682-5206
litIps://www.dfa.arkansas.eov intergovernmental -
services
CATALOG OF DOMESTIC FEDERAL ASSISTANCE
(CFDA Number) 16,609 - Project Safe Neighborhoods (PSN)
Federal Award Number: 15PSIA-2I-GG-03001-GUNP
Federal Award Date: 10/01/2021
6. SUBGRANT NUMBER: 247331-21WL
7. START DATE: October 1, 2023
END DATE: January 31, 2024
8. AWARD DATE: December 8, 2023
9. ACTION: Initial X]
Modification
10. AWARD AMOUNT: $2,862.00
FEDERAL AMOUNT: $2,862.00
STATE AMOUNT: N/A
LOCAL MATCH: N/A
No Indirect Rote Cost
5. PROJECT DESCRIPTION
This subaward is issued for travel only as mandated by the federal award. By accepting this subaward, recipient agrees
to follow relevant federal travel guidelines including those prescribed by GSA and OJP Financial Guide.
11. SPECIAL CONDITIONS (Check if applicable)
aTHE ABOVE GRANT PROJECT IS APPROVEDSUBJ ECTTO SUCH CONDITIONS OR LIMITATIONS ASSET FORTH IN IrS APPUCATION AND ALL CERTIFICATIONS,
ASSURANCES AND SPECIAL CONDITIONS PREVIOUSLY AGREED TO.
This project is supported under FY20(8JA-PSN) pub L No. 116-6,113 stat. 13, 112; Pub. L No.115-185, 132 Stat, 1485
AGENCY APPROVAL SUBGRANTEEAPPROVAL
12, TYPED NAME AND TITLE OF APPROVING IGS OFFICIAL 15. TYPED NAME AND TITLE OF AUTHORIZED SUBGRANTEE OFFICIAL
Doris Smith, DFA Administrator Lioneld Jordan, Mayor
Intergovernmental Services City of Fayetteville
13. SIGNATURE OF APPROVING OFFICIAL 14 —DATE; 16. SIGNATURE OF AUTHORIZED OFFICIAL 1 17. DATE;
Page 243 of 286
STATE OF ARKANSAS
I Department of Finance
and Administration
Organization Name:
Office of Intergovernmental Services
S 15 West Sewnth Street, Suiic 40t1
Lost 0A ice BOX 8031
Lialc Rock, Arkansas. 72203-8n31
f'hane: (501) 682.107.1
1'a\: (501) W-5206
ht11+s:lln�ti ��•.df:►.:uk;uta:i�.goti•/irttcr�i��cntm�tival-zrn irr.
Request for a travel subgrant for PSN Team
Requested Subaward Anxount: ---
Proposed Budget: ---
Verify taileage for lin:tl sttliai►ard.
Travel Purpose (Detailed Narrative):
I)I:A/I (;S
City of Fayetteville (deflective # t)
Hotel: $600
Registration: $0
Mil4age Sif; )30 (11OV)
Per dicta: $241.50
Total: $11,431,00
Anthony (Tony) Murphy — Fayetteville Police
Department —Tony is a Sergeant with the
Fayetteville Police department. Tony serves as the
Supervisor of the Community Outreach Unit for
Fayetteville, Arkansas. The unit focuses and targets
high crime areas to bring awareness to Community
members on how to report violent offenses and
violent offenders. Tony will benefit from attending
the training and seminars offered at the PSN
conference, and networking with other PAOs,
Community Outreach Specialists and Officers from
around the country to develop effective ways to
target and reduce violent crime.
Page 244 of 286
STATE OF ARKANSAS Office of Intergovernmental Services
1515 Wcd Sc%villb Stred. Suite 460
Department of Finance P0$1001cc13t„801)
Litlte !lock, Arkans m 72203.8011
and Administration Phone. (501) 682-1074
1:=' (501) 682-5200
hup,:/h� a ��,dl'a.nrl:t�nwt�c�tfintcrgn�cmn�imtal•scn ices
Request for a travel subgrant for PSN Teats
Organization name:
City of Fayetteville (detective # 2)
Rerluesled Subaivard Amount:
Proposed Budget:
Verify trrileage for Orr:rl Ntrtrslword.
Ilotel: $600
Registration: SO
e,r e "589.�O f 10%1)
Per diem: $241.50
-- -
Total: S1,431.00
Travel Purpose (Detailed Narralive):
John F. Mackey -- Task Force Officer 41' Judicial
District Drug Task Force (Fayetteville PD) —John is a
Task Force Officer for HSI. John serves as the
federal case agent for approximately 20 to 30 state
adopted case investigations from Washington, and
Madison County, Arkansas each year. These cases
involved violent gun offenses and targets who have
extensive and violent criminal histories. John will
benefit from attending the training and seminars
offered at the PSN conference, and networking
with other TFOs from around the country to
develop effective ways to target and reduce violent
crime and prepare federal cases for indictment and
prosecution.
DrA/IGS
Page 245 of 286
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF DECEMBER 28, 2023
TO: Mayor Jordan and City Council
THRU:
CITY COUNCIL MEMO
FROM: Mike Reynolds, Police Chief
DATE: December 13, 2023
SUBJECT: FY2024 Per Capita Jail Fee Agreement with Washington County
RECOMMENDATION:
2023-1472
Staff recommends the approval of a resolution for the FY2024 Per Capita Jail Fee Agreement with Washington
County, Arkansas for housing persons incarcerated in the County Jail in the amount of $76,421.40.
BACKGROUND:
The City of Fayetteville and Washington County entered into an Interlocal Agreement for Jail Services on
October 19, 2004. The agreement, with periodic amendments, allows that Washington County will provide jail
space for City of Fayetteville detainees in exchange of the City paying a set price for each booked person. In
2019, the City of Fayetteville paid fees based on $62.00 per booked detainee charged with misdemeanor
crimes and no charge for persons incarcerated for felony crimes. Over 15 years (2004-2019), the City of
Fayetteville paid Washington County an average of approximately $220,000 annually for their jail services.
On September 19, 2019, the Washington County Quorum Court passed Ordinance 2019-60 establishing a
municipal daily jail fee of $63.12 per detainee per day. This daily fee had the potential to significantly multiply
our annual payment for jail services. Alternatively, the Washington County Judge developed a per capita jail
fee based on the County jail projected budget shortfall ($200,000.00) and population estimates for
municipalities utilizing their jail. The 2023 per capita jail fee for the City of Fayetteville was $76,421.40
(approximately $0.81 per resident multiplied by our population of 93,949).
DISCUSSION:
Once again, Washington County is projecting a shortfall of $200,000.00 for 2023. Based on the per capita jail
fee for 2024, the City of Fayetteville represents approximately 38% of the County's population. This results in
a per capita jail fee of $76,421.40 (approximately $0.81 per resident multiplied by our population of 93,949) for
Fayetteville. The per capita jail fee is a lump sum payment payable to Washington County no later than
February 1, 2024.
BUDGET/STAFF IMPACT:
The $76,421.40 per capita jail fee is included in our 2024 Approved Annual Operating Budget. This agreement
has no impact on staffing.
ATTACHMENTS: SRF (#3), SRM (#4), 2024 WCSO Jail Contract (#5)
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Page 246 of 286
== City of Fayetteville, Arkansas
y 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
- Legislation Text
File #: 2023-1472
FY2024 Per Capita Jail Fee Agreement with Washington County
A RESOLUTION TO APPROVE THE PER CAPITA JAIL FEE AGREEMENT WITH
WASHINGTON COUNTY FOR JAIL SERVICES IN 2024 IN THE AMOUNT OF $76,421.40
WHEREAS, the City of Fayetteville and Washington County entered into an Interlocal Agreement for
Jail Services on October 19, 2004, and the City paid a set booking fee per booked prisoner through
2019; and
WHEREAS, on September 19, 2019, the Washington County Quorum Court passed an ordinance
changing the one-time booking fee to a daily jail fee of $63.12 per prisoner per day for all charges which
has the potential to significantly multiply the City's annual payment for jail services; and
WHEREAS, Washington County has developed an alternative per capita jail fee based on the jail's
projected budget shortfall and population estimates for municipalities; and
WHEREAS, Chief Reynolds recommends approval of an agreement with Washington County that
provides for payment of the per capita fee rather than the daily fee for keeping City of Fayetteville
prisoners.
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 the Per Capita Jail Fee Agreement with Washington County for jail services in 2024 in the total
amount of $76,421.40. A copy of the Agreement is attached to this Resolution and made a part hereof.
Page 1
Page 247 of 286
Mike Reynolds
Submitted By
City of Fayetteville Staff Review Form
2023-1472
Item ID
1/2/2024
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
12/12/2023
Submitted Date
Action Recommendation:
POLICE (200)
Division / Department
Staff recommends the approval of a resolution for the FY2024 Per Capita Jail Fee Agreement with Washington
County, Arkansas for housing persons incarcerated in the County Jail in the amount of $76,421.40.
1010.200.2900-5315.00
Account Number
Project Number
Budgeted Item? Yes
Does item have a direct cost? Yes
Is a Budget Adjustment attached? No
Budget Impact:
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
General
Fund
Project Title
$ 175,463.00
175,463.00
$ 76,421.40
$ 99,041.60
Purchase Order Number: Previous Ordinance or Resolution # V20221130
Change Order Number:
Original Contract Number:
Comments:
Approval Date:
Page 248 of 286
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF JANUARY 2, 2024
TO: Mayor and City Council
FROM: Mike Reynolds, Chief of Police
DATE: December 12, 2023
CITY COUNCIL MEMO
SUBJECT: FY2024 Per Capita Jail Fee Agreement with Washington County
RECOMMENDATION:
Staff recommends the approval of a resolution for the FY2024 Per Capita Jail Fee
Agreement with Washington County, Arkansas for housing persons incarcerated in the County
Jail in the amount of $76,421.40.
BACKGROUND:
The City of Fayetteville and Washington County entered into an Interlocal Agreement for
Jail Services on October 19, 2004. The agreement, with periodic amendments, allows that
Washington County will provide jail space for City of Fayetteville detainees in exchange of the
City paying a set price for each booked person. In 2019, the City of Fayetteville paid fees based
on $62.00 per booked detainee charged with misdemeanor crimes and no charge for persons
incarcerated for felony crimes. Over 15 years (2004-2019), the City of Fayetteville paid
Washington County an average of approximately $220,000 annually for their jail services.
On September 19, 2019, the Washington County Quorum Court passed Ordinance
2019-60 establishing a municipal daily jail fee of $63.12 per detainee per day. This daily fee
had the potential to significantly multiply our annual payment for jail services. Alternatively, the
Washington County Judge developed a per capita jail fee based on the County jail projected
budget shortfall ($200,000.00) and population estimates for municipalities utilizing their jail. The
2023 per capita jail fee for the City of Fayetteville was $76,421.40 (approximately $0.81 per
resident multiplied by our population of 93,949).
DISCUSSION:
Once again, Washington County is projecting a shortfall of $200,000.00 for 2023. Based
on the per capita jail fee for 2024, the City of Fayetteville represents approximately 38% of the
County's population. This results in a per capita jail fee of $76,421.40 (approximately $0.81 per
resident multiplied by our population of 93,949) for Fayetteville. The per capita jail fee is a lump
sum payment payable to Washington County no later than February 1, 2024.
BUDGET/STAFF IMPACT:
The $76,421.40 per capita jail fee is included in our 2024 Approved Annual Operating
Budget. This agreement has no impact on staffing.
Attachments: 2024 Per Capita Jail Fee Agreement
Mailing Address:
113 W. Mountain Street www.fay tevil r.
Fayetteville, AR 72701 age �4� 6�M6
DocuSign Envelope ID: 54507CCF-74C6-4519-A082-59CFDA289DDB
PER CAPITA JAIL FEE AGREEMENT
This Agreement is entered into by and between Washington County, Arkansas
("Washington County") and the City of Fayetteville, Arkansas ("Municipality") and will become
binding on the parties upon the signing of this agreement.
WITNESSETH:
WHEREAS, the Washington County Quorum Court passed Ordinance 2019-60 that
established a daily rate to be charged to all municipalities for housing of their prisoners in the
County Jail; and,
WHEREAS, said Ordinance allows a municipality to enter into a contract with
Washington County that establishes as amount to be charged for keeping municipal prisoners at
the County Jail in lieu paying the daily rate; and
WHEREAS, Washington County and the Municipality desire to enter into said
agreement in lieu of paying the daily jail rate, as memorialized herein; and
WHEREAS, the per capita fee amount paid each year by the Municipality shall be
calculated based upon the projected shortfall in the Maintenance and Operations Budget of the
County Jail provided by the County Treasurer during the previous year, as published and
provided to the Municipality.
IT IS THEREFORE HEREBY AGREED THAT:
Section 1. Payments. To fund the Washington County Jail's maintenance and operation
costs, the Municipality agrees to pay a per capita fee based on the population of the Municipality
as calculated by the US Census Bureau in their annual population estimates.
Section 2. Annual Review. The Washington County Judge shall request that the
Washington County Treasurer estimate the Washington County Jail shortfall amount by
September 1 st of each year. The County Judge shall send notice to the Municipality of the
estimated shortfall amount and the population estimate of the Municipality by October 1st of each
year. All notices shall be in writing and shall be provided to the Mayor and Chief of Policel of
the Municipality.
Section 3. Fee Calculation. The projected shortfall in the County Jail budget shall be
divided by the sum of the populations of each Municipality in Washington County and the
population of the unincorporated portions of Washington County to determine the per capita fee.
Section 4. Agreement Due Date. Any Municipality that choses to participate in the per
capita fee payment in lieu of the daily rate fee shall provide a signed agreement to the
Washington County Judge by December 315t of each year. Any Municipality that does not
provide a signed agreement to the County Judge by December 3 Pt of each year shall pay the
daily rate as established by Ordinance of the Washington County Quorum Court.
1 For a Municipality that does not have a Chief of Police, the notice shall on by sent to the Mayor of said
Municipality.
12/5/2023
Page 250 of 286
DocuSign Envelope ID: 54507CCF-74C6-4519-A082-59CFDA289DDB
Section 3. Payment Due Date. The Municipality shall pay the per capita fee amount by
February 1 st of each year. Any Municipality that enters into this Agreement that fails to pay by
February 1 st of each year shall be charged, retroactively, the daily rate as established by
Ordinance of the Washington County Quorum Court.
Section 4. Ratification. If a Municipality fails to ratify this agreement, that Municipality
shall be charged the daily rate as established by Ordinance of the Washington County Quorum
Court.
Section 6. Duration. This Agreement shall become effective on January 1st of each year
and shall end on December 31st of each year. This Agreement may be renewed for an additional
year via a contract addendum with updated data and executed by the Municipality and
Washington County by December 31st of each year.
Section 7. Non -appropriation. Notwithstanding anything contained in this Agreement to
the contrary, if a County or City fails to appropriate funds for subsequent periods within the term
of this Agreement, the County or City shall not be obligated to make payment(s) beyond the
then -current fiscal appropriation period provided that once an appropriation is made, the County
or City is obligated to provide funds for that appropriation period.
Section 9. Ownership and Disposition of Property. Washington County owns and will
continue to own all property used by the County Jail. The Municipality will have no legal
authority, right, or title to the facility that houses the County Jail or the personal property
contained therein.
THIS SPACE INTENTIONALLY LEFT BLANK
12/5/2023
Page 251 of 286
DocuSign Envelope ID: 54507CCF-74C6-4519-A082-59CFDA289DDB
Section 10. Per Capita Jail Fee Amount. The per capita jail fee amount charged to the
Municipality for the fiscal year 2024, shall be as follows:
City 2020 Population Per Capita
Estimates * Amount
Washington County
40,497
32,941.60
Elkins
3,602
2,929.99
Elm Springs
1,896
1,542.27
Farmington
7,584
6,169.09
Fayetteville
93,949
76,421.40
Goshen
2,102
1,709.84
Greenland
1,213
986.70
Johnson
3,609
2,935.69
Lincoln
2,294
1,866.02
Prairie Grove
7,045
5,730.65
Springdale
75,083
61,075.14
Tontitown
4,301
3,498.58
West Fork
2,331
1,896.12
Winslow
365
296.90
TOTAL POPULATION 245,871 200,00.00
WASHINGTON COUNTY
IN WITNESS WHEREOF, the parties have executed this Agreement.
Washington County Judge
Mayor of Fayetteville
EDocuSigned by:
,1°�4V
25FDOBAF16DC448...
Date
Date
12/5/2023
Page 252 of 286
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF DECEMBER 28, 2023
TO: Mayor Jordan and City Council
THRU:
CITY COUNCIL MEMO
2023-1323
FROM: Kit Williams, City Attorney
DATE: December 1, 2023
SUBJECT: Resolution to adopt the Rules of Order and Procedure of the Fayetteville City Council
for 2024
RECOMMENDATION:
The City Attorney's Office recommends approval of a resolution adopting the Rules of Order and Procedure of
the Fayetteville City Council for 2024.
BACKGROUND:
The City Council re -adopts the Rules of Order and Procedure of the Fayetteville City Council at the
beginning of every year as recommended by the Arkansas Municipal League.
DISCUSSION:
The City Attorney's Office has drafted the appropriate Resolution to adopt the Rules of Order and Procedure
of the Fayetteville City Council at the City Council's first meeting of 2024. The Rules of Order and Procedure
were last revised on January 17, 2023 by Resolution 22-23.
BUDGET/STAFF IMPACT:
n/a
ATTACHMENTS: SRF (#3), Rules of Order and Procedure - January 2, 2024 (#4)
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Page 253 of 286
_= City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
- Legislation Text
File #: 2023-1323
Resolution to adopt the Rules of Order and Procedure of the Fayetteville City Council for 2024
A RESOLUTION TO ADOPT THE RULES OF ORDER AND PROCEDURE OF THE
FAYETTEVILLE CITY COUNCIL FOR 2024
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 adopts the Rules of Order
and Procedure of the Fayetteville City Council for 2024 as attached to this Resolution.
Page 1
Page 254 of 286
Blake Pennington
Submitted By
City of Fayetteville Staff Review Form
2023-1323
Item ID
1/2/2024
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
12/1/2023 CITY ATTORNEY (021)
Submitted Date Division / Department
Action Recommendation:
The City Attorney's Office recommends approval of a resolution adopting the Rules of Order and Procedure of the
Fayetteville City Council for 2024.
Budget Impact:
Account Number Fund
Project Number
Budgeted Item? No
Does item have a direct cost? No
Is a Budget Adjustment attached? No
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Project Title
Total Amended Budget
$ -
Expenses (Actual+Encum)
$ -
Available Budget
Item Cost
$ -
Budget Adjustment
$ -
Remaining Budget
V20221130
Previous Ordinance or Resolution #
Approval Date:
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Rules of Order and Procedure
of the Fayetteville City Council
Last Revised 01/17/2023 by Resolution # 22-23
Adopted 01/02/2024 by Resolution # -24
Page 1 of 12
RULES OF ORDER AND PROCEDURE
OF THE FAYETTEVILLE CITY COUNCIL
A. CITY COUNCIL MEETINGS
1. Regular Meetings
The City Council shall meet in regular session on the first and third Tuesday of each month at 5:30
P.M. When a holiday or general election occurs on any such Tuesday, the regular meeting shall be
held on the following Thursday at the same hour unless otherwise provided for by motion. The
regular meeting time may be rescheduled by the City Council in special circumstances, but when
so done the change must be made far enough in advance to allow normal public notification.
2. Location
The place of City Council meetings shall be in the City Council Chambers in the City Hall unless
another place has been previously set by the City Council.
3. Special Meetings
Special meetings may be called by three or more members of the City Council or by the Mayor.
Notification of a special meeting, including specific items to be considered, shall be at least two
hours prior to the meeting. Such notification shall be by personal service to each member or by
telephone, specifying time and place of meeting.
4. Executive Session
An executive session may be requested by any member of the City Council or the Mayor. A
majority vote by the City Council is required to convene in executive session. Executive sessions
will be permitted only for the purpose of considering the employment, appointment, promotion,
demotion, disciplining, or resignation of any public officer or employee.
5. Quorum
A majority of the City Council shall be necessary to constitute a quorum to do business at a City
Council meeting. The concurring vote of a majority of those attending a meeting shall be sufficient
to pass procedural motions except a Motion to Suspend the Rules which requires six affirmative
votes. Ordinances and Resolutions require five affirmative votes to pass.
6. Public Notification
The City will go further than legally required in order to inform citizens of the items to be
considered by the City Council. The means used may include press releases or advertisements in
a local newspaper, special notice to citizens who have shown a direct interest in matters to be
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Rules of Order and Procedure
of the Fayetteville City Council
Last Revised 01/17/2023 by Resolution # 22-23
Adopted 01/02/2024 by Resolution # -24
Page 2 of 12
considered, Government Channel announcements and presentation, and agenda copies available at
City Council meetings.
7. Presentation of Agenda Items at City Council Meetings
a. Agenda Items not Included Within the Tentative Agenda Packet.
(1) Staff Agenda Items. If the City staff requests to "walk-on" an agenda item for the City
Council Agenda during the City Council Agenda Session, the memo from the City staff
shall begin with a clear and compelling reason why this proposed agenda item could not
have been included within the Tentative Agenda and cannot wait for City Council
consideration at a later City Council meeting. Any member of the City Council including
the Mayor can then place this item on the Final Agenda.
(2) Council Member Agenda Items. Council Members should also strive to include any
agenda item a Council Member wishes the City Council to consider within the Tentative
Agenda. If that is not possible, the Council Member should explain during the Agenda
Session why the proposed agenda item should be included in the Final Agenda rather than
postponed to the next meeting. Any member of the City Council including the Mayor can
then place this item on the Final Agenda."
b. 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.
c. 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.
d. Unfinished Business and New Business.
(1) 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, appellant from a
final decision of the Planning Commission or City Staff, 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.
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Rules of Order and Procedure
of the Fayetteville City Council
Last Revised 01/17/2023 by Resolution # 22-23
Adopted 01/02/2024 by Resolution # -24
Page 3 of 12
(2) 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 present in the City
Council Chambers shall be recognized before speakers participating by electronic means.
Speakers shall be limited to a maximum of five (5) minutes to discuss the agenda item
being considered by the City Council. 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. As part of a person's public
comments allowed above, the speaker may use electronic visual aids during their five (5)
minutes presentation period concerning the agenda item being considered by the City
Council.
e. 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
comments that are harassing or amount to a personal attack against any identifiable individual
including abusive comments and derogatory remarks about integrity or offer any other
comments that are also not limited to the discussion of the specific agenda item being considered
by the City Council. 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.
8. Smoking Prohibited.
There will be no smoking allowed in the City Council Chambers during City Council meetings.
9. Cell Phones and Pagers.
Cell phones must be turned off or put in silent mode and not used within the City Council Chambers
during City Council meetings. Pagers must be turned off or put in silent mode within the City
Council Chambers during City Council meetings. These restrictions also apply during Agenda
Sessions.
10. Virtual City Council Meetings Authorized
After proper notice has been provided to the public, City Council Members are authorized to
assemble, gather, meet, and conduct open public meetings (including speaking, voting and passing
ordinances and resolutions) through appropriate electronic means which ensure the public's right
to attend by being able to listen to the proceedings and discussions. These open public meetings
include City Council meetings and agenda sessions as well as City Council Member Committee
meetings.
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Rules of Order and Procedure
of the Fayetteville City Council
Last Revised 01/17/2023 by Resolution # 22-23
Adopted 01/02/2024 by Resolution # -24
Page 4 of 12
B. DUTIES AND PRIVILEGES OF COUNCIL MEMBERS AT CITY COUNCIL MEETINGS
1. Seatinu
Members shall occupy the respective seats in the City Council Chambers assigned by position
number. The Mayor (or Assistant Mayor in the Mayor's absence) shall be seated near the center
of the City Council table.
2. Conduct
During City Council meetings, Council Members shall preserve order and decorum and shall
neither by conversation or otherwise delay or interrupt the proceedings. Neither shall they refuse
to obey the orders of the Mayor or the rules of the City Council.
Every member of the City Council desiring to speak shall address the chair and, upon recognition
by the Mayor, shall confine herself or himself to the question under debate and shall avoid all
personalities and indecorous language. A Council Member once recognized shall not be interrupted
while speaking unless called to order by the Mayor, unless a point of order is raised by another
member or unless the member chooses to yield to questions from another member.
If a member is called to order while he or she is speaking, the member shall cease speaking
immediately until the question of order is determined. If ruled to be not in order, the member shall
remain silent or shall alter his or her remark so as to comply with the rules of the City Council.
All members of the City Council shall accord the utmost courtesy to each other, to city employees,
and to members of the public appearing before the City Council, and shall refrain at all times from
rude or derogatory remarks, reflections as to integrity, abusive comments and statements as to
motives and personalities. Council Members shall confine their questions as to the particular
matters before the City Council and in debate shall confine their remarks to the issues before the
City Council.
3. Financial Interest
No member of the City Council with a direct or indirect financial interest in any items before the
City Council shall participate in the discussion of or voting on such matter.
4. Voting
Every member present when a question is put to a vote shall vote either "yes" or "no", except that
a member may abstain from voting if he or she has not participated in the preceding discussion of
the question and if that member has previously stated the reason for the abstention. Except for a
question necessary to clarify the meaning of the motion, resolution or ordinance being voted upon,
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Last Revised 01/17/2023 by Resolution # 22-23
Adopted 01/02/2024 by Resolution # -24
Page 5 of 12
no questions or comments by members of the City Council including the Mayor shall be made
during the voting on the pending motion, resolution or ordinance. The Council Members will vote
at City Council meetings in the order of their position number, but with a progressively different
position voting first at each meeting.
5. Roll Call
Upon every vote the affirmative and negative votes shall be called and shall be recorded on every
motion, resolution and ordinance; however, items which may be approved by motion, or contracts
and leases which can be approved by resolution, may be grouped together and approved
simultaneously with one roll call, under a "Consent Agenda.
C. MAYOR & VICE MAYOR
1. Mayor
a. General Power to Preside and Vote
The Mayor is the presiding officer and ex officio president of the City Council. The Mayor
may vote to establish a quorum or to pass an ordinance, resolution or motion if the Mayor's
vote is needed for passage. The Mayor does not have the right to vote for an Emergency Clause
on an ordinance. An Emergency Clause requires six affirmative votes by the City Council to
pass.
b. Mayor's Veto Power
The Mayor has the power to veto any ordinance, resolution or order, or part thereof, adopted
by the City Council within five (5) days (Sundays excluded) of the City Council vote. Before
the next City Council meeting, the Mayor shall file in the City Clerk's office a written statement
of reasons for the veto. At the first City Council meeting following the veto, the City Council
can override the veto by two-thirds majority (6 affirmative votes).
2. Vice Mayor
The City Council shall at the time of organizing, in public session, elect one of its members as Vice
Mayor. Any Council Member may nominate himself or herself or any other member of the City
Council for Vice Mayor, and no second of a nomination is required. Each Council Member shall
vote by naming his or her choice by voice vote if there is more than one nominee for a position. A
majority vote of the City Council shall be required for election. In the absence of the Mayor, the
Vice Mayor shall preside at the City Council meeting.
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Rules of Order and Procedure
of the Fayetteville City Council
Last Revised 01/17/2023 by Resolution # 22-23
Adopted 01/02/2024 by Resolution # -24
Page 6 of 12
3. Privileges of the Vice Mayor
The Vice Mayor acting as the Mayor may move, second and debate from the chair and shall not be
deprived of the rights and privileges of being a member of the City Council by reason of her or his
acting as the Vice Mayor.
D. PROCEDURES AND PARLIAMENTARY RULES
1. Agenda
The City Council's agenda order shall be coordinated by the Mayor. All items for discussion or
action at the regular council meeting shall be included in a Tentative Agenda provided to City
Council prior to an Agenda Session where the City Council shall determine the final arrangement
of the Agenda. Any item the Mayor or a Council Member wishes to include on the Final Agenda
that was not included on the Tentative Agenda may only be added to the Final Agenda during the
Agenda Session. At the regular meeting of the City Council, the Council, by majority vote, may
rearrange the order of the Agenda. An item may be added to the Agenda at the City Council
meeting only by a Motion to Suspend the Rules.
2. Precedence of Motions
The City Council shall follow the precedence and classification of motions as given in the most
recent edition of the Arkansas Municipal League's `Procedural Rules for Arkansas Municipal
Officials.' In the event a matter is not covered by the `Procedural Rules for Arkansas Municipal
Officials,' the most recent edition of Robert's Rules of Order shall apply. On questions of appeal,
a majority of those present is required to overturn a ruling by the chair."
3. Motions to be Stated by the Chair/Withdrawal
When a motion is made and seconded, it shall be stated by the Mayor before debate. After being
stated by the Mayor, a motion may not be withdrawn by the mover without the consent of the
member seconding it and approval of the City Council.
4. Reconsideration
After the decision of any question, any member of the prevailing side may request a reconsideration
of any action at the same or the next succeeding meeting; provided, however, that a resolution
authorizing or relating to any contract may be reconsidered at any time before final execution
thereof. A motion to reconsider requires a simple majority for passage. After a motion for
reconsideration has once been acted on, no other motion for reconsideration thereof shall be made
without unanimous consent.
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Rules of Order and Procedure
of the Fayetteville City Council
Last Revised 01/17/2023 by Resolution # 22-23
Adopted 01/02/2024 by Resolution # -24
Page 7 of 12
5. Readings
All ordinances shall be read aloud at three different meetings unless the City Council votes to
suspend the rules.
The following guidelines for reading ordinances are recommended:
♦ After the ordinance's first reading, a Council Member may briefly point out potential concerns
or benefits from the proposed ordinance, but should refrain from attempting to persuade each
other or arrive at a final consensus.
♦ Unless there is clearly no opposition or concern about the ordinance, it should be read and open
for public discussion during at least two City Council meetings.
♦ Complex ordinances that need further clarification or drafting work should be referred to the
Ordinance Review Committee.
6. Items Tabled Indefinitely
Any item tabled indefinitely may be taken from the table by majority vote of the City Council
during the calendar year in which it was tabled indefinitely. All items tabled indefinitely and
remaining on the table at the end of the calendar year shall be deemed denied and rejected for
appellate and all other purposes on December 3 1 " and shall not be considered by the City Council
in the future unless brought forward as a new item.
E. INTERNAL BOARDS. COMMITTEES. COMMISSIONS AND APPOINTMENTS
1. Membership of Internal Boards, Committees, Commissions and Appointments
a. Standing City Council Committees.
The five standing committees of the City Council are: Equipment, Nominating, Ordinance
Review, Streets, and Water and Sewer. Each committee shall have four Council Members
appointed by the Mayor in January after every regular election. All Council Members shall
serve on at least two of these five committees. Each committee shall elect a chair and vice
chair during the first committee meeting after the Council Members are appointed.
b. Other Committees (See also Section H. Citizens Committees)
Council Members may volunteer or request to serve on any of the various other committees
which have City Council slots. The Mayor may appoint a Council Member to the other
committees pursuant to their request.
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Rules of Order and Procedure
of the Fayetteville City Council
Last Revised 01/17/2023 by Resolution # 22-23
Adopted 01/02/2024 by Resolution # -24
Page 8 of 12
c. Appeal Right to City Council
Any Council Member who is dissatisfied with his or her committee assignments can appeal to
the whole City Council who can determine by majority vote which Council Member will be
appointed to a specific committee.
d. Ad Hoc Committees.
Ad hoc committees may be appointed either by the Mayor or by a majority vote of the City
Council to study special problems and projects of the City.
2. Notification and Attendance
All Council Members, representatives of the news media who have requested notification, and other
persons who have shown a direct interest in matters to be considered at a committee meeting shall
be notified of City Council committee meetings.
Committee meetings shall be held when possible at times that allow all members of the committee
to attend. In order for a committee to make an official recommendation to the City Council, a
majority of the committee members must agree on that recommendation. Council Members who
are not members of a particular City Council committee may generally participate in the meeting
of that committee except for voting on committee recommendations, but the chairperson may rule
otherwise.
3. City Council Representation on Other Governmental Groups
When it is necessary to appoint a Council Member to an external board, commission or committee,
selection of that Council Member shall be made by a majority vote of the City Council. That
selection shall be made by nomination and vote in a public session. Any Council Member may
nominate himself or herself or (any other member of the City Council), and no second is required.
Each Council Member shall vote by naming his or her choice by voice vote if there is more than
one nominee for a position. A majority vote of the City Council shall be required for election.
F. MAYOR RELATIONSHIP
1. Definition of Authority
In exercising its legislative responsibilities, the City Council may approve policy which represents
broad statements of its intentions, approve plans and programs, and manage the financial aspects
of the city through its budgetary powers. The Mayor is empowered to hire capable personnel within
the approved wage and salary policy, to plan and establish schedules and to train, supervise and
terminate employees.
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Rules of Order and Procedure
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Last Revised 01/17/2023 by Resolution # 22-23
Adopted 01/02/2024 by Resolution # -24
Page 9 of 12
2. Definition of Responsibilities
The Mayor has the principal responsibility for directing the operations of the city government, and
for advising and assisting the City Council in its deliberations. In connection with this latter
responsibility, the City Council expects and requests the Mayor shall furnish the City Council with
whatever data, information and material it may need to properly carry out its functions in an
informed manner. The City Council also expects the Mayor to abide by the City of Fayetteville
Code of Ethics.
3. City Council/Mayor Cooperation
Efficient management of the city can exist only through mutual understanding and complete
cooperation between the City Council and the Mayor. The Mayor's performance cannot be of the
best unless the Mayor is given the latitude to exercise independent judgment in executing policies
of the City Council. The City Council acknowledges that obligation and gives the Mayor the
latitude of judgment and discretion, and expects faithful performance in carrying out the policies
of the City Council.
While open communication between the City Council and City personnel is encouraged, it shall be
understood that administrative authority for the management of the City rests with the Mayor.
Members of the City Council should refrain, as individuals, from giving specific direction
or instruction to City personnel pertaining to the discharge of assigned duties.
G. CODE OF ETHICS
1. General
As the governing authority of the City of Fayetteville, Arkansas we, the Mayor and Council
Members, adhere to the following ethics principles and pledge to conduct our affairs
accordingly:
• Serve others, not ourselves.
• Use resources with efficiency and economy.
• Treat all people fairly.
• Use the power of our position for the well-being of our constituents.
• Create an environment of honesty, openness and integrity.
2. Business Transactions
Members of the City Council and the Mayor occupy positions of public trust. All business
transactions of such officials dealing in any manner with public funds, either directly or
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of the Fayetteville City Council
Last Revised 01/17/2023 by Resolution # 22-23
Adopted 01/02/2024 by Resolution # -24
Page 10 of 12
indirectly, must be subject to the scrutiny of public opinion both as to the legality and to
the propriety of such transactions.
3. Conflict of Interest
Members of the City Council and the Mayor shall refrain from making use of special knowledge
or information before it is made available to the general public; shall refrain from making or
influencing decisions involving business associates, customers, clients, competitors and immediate
family members and shall comply with all lawful actions, directives and orders of duly constituted
municipal officers as such may be issued in the normal and lawful discharge of the duties of these
municipal officers. Nothing herein, however, shall serve to deny the members of the City Council
and the Mayor of the legal rights and privileges available to all Fayetteville citizens.
4. Responsibility to All Citizens
Members of the City Council and the Mayor shall conduct themselves so as to bring credit upon
the city as a whole and so as to set an example of good ethical conduct for all citizens of the
community. The members of the City Council and the Mayor shall bear in mind at all times that
their responsibility is to the entire electorate, citizens and residents of Fayetteville, shall refrain
from actions benefiting special interest groups at the expense of the citizens, residents and the city
as a whole, and shall do everything in their power to ensure equal and impartial law enforcement
throughout the city without respect to race, creed, color, gender, sexual orientation, religion, gender
identity or the economic or social position of individual citizens.
In an effort to allow the public full knowledge of financial and personal interests, the Members of
the City Council and the Mayor are expected to disclose annually all real estate holdings in
Fayetteville and the Fayetteville planning area, and any business or financial interest which could
affect or be affected by decisions of the City Council. Such disclosure should be made in writing
to the City Clerk in January of each year.
H. CITIZEN COMMITTEES
1. Authorization by the City Council
The City Council may authorize citizen advisory boards, committees and commissions to assist the
City Council in discharging its responsibilities more effectively. Authorization will be made by
majority vote of the City Council.
2. Selecting of Members
The Nominating Committee shall have the responsibility of coordinating the selection process of
members for the citizen advisory groups prior to the final City Council decision. The objectives of
the selection process shall be as follows: To provide a broad diversity of qualified individuals for
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Rules of Order and Procedure
of the Fayetteville City Council
Last Revised 01/17/2023 by Resolution # 22-23
Adopted 01/02/2024 by Resolution # -24
Page 11 of 12
service on the appointed bodies; and to provide an opportunity for participation in city affairs by
interested citizens.
The selection process shall follow these procedures:
a. Periodic news releases and articles, generally at least two weeks in advance of appointments,
requesting interested individuals to notify the City Clerk's office of their interest in being
considered for appointment. Application forms should be completed by each person who
expresses an interest in a position.
b. Council Members, city staff members and interested individuals and organizations who know
of qualified persons should encourage them to apply for appointment.
c. Cable television should be used to notify citizens of vacancies in citizen committees.
d. The City website, accessfayetteville.org, should list vacancies in citizen committees.
e. Any person who has served two consecutive full terms on any City commission or board shall
not be eligible for reappointment to the same commission or board until one full term of office
has expired, unless there is an insufficient number of qualified applicants to fill all vacancies.
Service of a partial term shall not count against the two terms that are allowed.
Prior to any appointment, the City Clerk's office will circulate to the full City Council copies of
applications of the individuals on file for the appointive body. Council Members may recommend
applicants or offer comments to the Nominating Committee prior to their scheduled meeting.
The Nominating Committee will narrow the list of prospective appointees to no more than two
individuals for each position. This decision will be made in an open meeting. The
recommendations will be submitted to the full City Council for final decision. The committee's
first choice may be indicated. All positions shall be decided by majority vote of the City Council.
In instances where there is more than one nominee for a position, either by Nominating Committee
recommendation or by other nominations, each Council Member shall vote by naming his or her
choice for that position. The City Council will act officially on all appointments in public session.
I. Vacancy in the Office of a Council Member
A vacancy in the office of a Council Member shall be filled pursuant to the requirements of Ark. Code Ann.
§ 14-43-411.
J. Orientation of New Council Members
Orientation Meeting Scheduled. The City Council, Mayor, City Attorney, City Clerk/Treasurer
and appropriate City Staff shall meet with and conduct one or more orientation sessions with newly
elected Council Member's in December after each General Election or within one month after a
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Adopted 01/02/2024 by Resolution # -24
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Special Election in which a new Council Member is elected. Each newly elected Council Member
shall attend the orientation session(s).
2. Content of Orientation. The City Council, Mayor and other members of the orientation group
shall explain:
a. Rights and duties of Council Members;
b. Organizational structure of city government;
c. Role of the City Council Committees;
d. How to initiate Resolutions and Ordinances;
e. The purpose and procedure for the City Council Agenda session;
f. Reasons to approve or disapprove land use and development issues;
g. Council tours to view and discuss land proposed for rezoning or development;
h. City Council Rules of Order and Procedure;
i. Freedom of Information Act requirements.
3. Oni!oini! Orientation.
a. Within the first week of a Council Member's term, the administration should provide an
administrative and human resources orientation to include issuing parking permits, fobs, and
other necessary equipment for the Council Member, as well as assistance for the completion of
all necessary state and federal documents.
b. Within the first quarter of a Council Member's term, the administration should arrange for a
budget overview and tours of all major city facilities and functional areas.
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CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF DECEMBER 28, 2023
CITY COUNCIL MEMO
2023-1545
TO: Mayor Jordan and City Council
THRU: Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
Jessica Masters, Development Review Manager
FROM: Gretchen Harrison, Senior Planner
DATE: December 13, 2023
SUBJECT: RZN-2023-0033: Rezoning (NORTH OF 3420 W. MOUNT COMFORT RD./WIESE-
GODDARD SCHOOL, 323): Submitted by THE GODDARD SCHOOL for property
located NORTH OF 3420 W. MOUNT COMFORT RD. in WARD 4. The property is zoned
R-A, RESIDENTIAL -AGRICULTURAL and contains approximately 3.23 acres. The
request is to rezone the property 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 in northwest Fayetteville, one lot north of Mount Comfort Road on the west side
of Salem Road. The property includes one parcel totaling 3.23 acres which is currently undeveloped with the
exception of two small outbuildings. A lot split, which would subdivide the property into two lots containing 1.60
and 1.63 acres, is currently under review by city staff (LSP-2023-0060).
Request: The request is to rezone the subject property from R-A, Residential -Agricultural to CS, Community
Services.
Public Comment: Staff received public comment in opposition to this request from an individual who owns
property on the east side of Salem Road. That individual expressed concerns about this rezoning resulting in
increased development and, subsequently, increased traffic and noise.
Land Use Compatibility: Staff finds this rezoning request to be compatible with existing land use and zoning
patterns in the surrounding area. The property is currently zoned R-A, Residential -Agricultural, and that zoning
district is designed, in part, to protect agricultural land until an orderly transition to urban development is
possible. The subject property is surrounded by single-family residential subdivisions to the north and east, a
mixture of nonresidential and commercial uses to the south, and it is in close proximity to a number of civic and
institutional uses. A rezoning to CS, Community Services, would encourage a mixture of residential and
commercial uses, which could provide convenience goods and personal services for persons living in
surrounding neighborhoods, in a traditional urban form with buildings addressing the street. A rezoning from R-
A to CS would also allow for more dense development and smaller lot sizes. Where the R-A zoning district
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Page 268 of 286
currently allows residential development at a density of one-half unit per acre, the CS zoning district has no
stated density limitation. Also, where R-A zoning allows for the creation of lots with a minimum width of 200
feet and a minimum area of two acres, CS zoning would allow for the creation of residential lots with a
minimum width of 18 feet and nonresidential lots without limitation to width or area.
Land Use Plan Analysis: Staff finds the applicant's request to be consistent with the City's land use and zoning
plans. The subject property is designated as City Neighborhood area in the City Plan 2040 Future Land Use
Map, and it is located within a Tier Two Center as indicated on the plan's Growth Concept Map. Staff finds that
a rezoning to CS would support those designations since the CS zoning district is intended to encourage the
development of smaller scale urban hubs that are characterized by a mixture of moderate -density residential
and commercial uses. Staff also finds the requested rezoning to be aligned with Goals 1 and 6 of City Plan
2040 since it would encourage increased development in an area that has a moderate infill score ranging
between 5 and 7, and since it would allow for the creation of additional housing units.
City Plan 2040 Infill Matrix: City Plan 2040's Infill Matrix indicates a score range between 5 and 7 for this site.
The following elements of the matrix contribute to the score:
• Adequate Fire Response (Station 8, 2266 W. Deane St.)
• Near Sewer Main (eight -inch main, Salem Road)
• Near Water Main (eight -inch main, Salem Road)
• Near Public School (Holt Middle School)
• Near City Park (Clabber Creek Trail Corridor and Gary Hampton Softball Complex)
• Near Paved Trail (Clabber Creek Trail and Rupple Road)
• Appropriate Future Land Use (City Neighborhood)
DISCUSSION:
At the December 11, 2023 Planning Commission meeting, a vote of 8-0-0 forwarded the request to City
Council with a recommendation of approval. Commissioner Payne made the motion and Commissioner
McGetrick seconded it. Commissioners found the applicant's request to be appropriate and offered little
comment on the item. No public comment was offered at the meeting.
BUDGET/STAFF IMPACT:
N/A
ATTACHMENTS: SRF (#3), Exhibit A (#4), Exhibit B (#5), Planning Commission Staff Report (#6)
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Page 269 of 286
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Legislation Text
File #: 2023-1545
RZN-2023-0033: Rezoning (NORTH OF 3420 W. MOUNT COMFORT RD./WIESE-GODDARD
SCHOOL, 323): Submitted by THE GODDARD SCHOOL for property located NORTH OF 3420
W. MOUNT COMFORT RD. in WARD 4. The property is zoned R-A, RESIDENTIAL -
AGRICULTURAL and contains approximately 3.23 acres. The request is to rezone the property
to CS, COMMUNITY SERVICES.
A ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN
2023-033 FOR APPROXIMATELY 3.23 ACRES LOCATED NORTH OF 3420 WEST MOUNT
COMFORT ROAD IN WARD 4 FROM R-A, RESIDENTIAL -AGRICULTURAL 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 R-A, Residential -Agricultural 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.
Page 1
Page 270 of 286
Jonathan Curth
Submitted By
City of Fayetteville Staff Review Form
2023-1545
Item ID
1/2/2024
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
12/15/2023 DEVELOPMENT REVIEW (630)
Submitted Date Division / Department
Action Recommendation:
RZN-2023-0033: Rezoning (NORTH OF 3420 W. MOUNT COMFORT RD./WIESE-GODDARD SCHOOL, 323): Submitted
by THE GODDARD SCHOOL for property located NORTH OF 3420 W. MOUNT COMFORT RD. in WARD 4. The
property is zoned R-A, RESIDENTIAL -AGRICULTURAL and contains approximately 3.23 acres. The request is to
rezone the property to CS, COMMUNITY SERVICES.
Account Number
Project Number
Budgeted Item? No
Does item have a direct cost? No
Is a Budget Adjustment attached? No
Budget Impact:
Fund
Project Title
Total Amended Budget
$ -
Expenses (Actual+Encum)
$ -
Available Budget
Item Cost
$ -
Budget Adjustment
$ -
Remaining Budget
V20221130
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
Page 271 of 286
RZN-2023-0033 NORTH OF 3420 W. MOUNT RZN-2023-0033
Close Up View COMFORT RD. EXHIBIT'A'
CLEARWOOD DR
2
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92
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Regional Link
Neighborhood Link
Regional Link - High Activity
Residential Link
■ ■ Planned Residential Link
— — — Trail (Proposed)
~ Planning Area
_ ! Fayetteville City Limits
R-A
i RSF-1
i
- - - - - - - - - - - - - - - - - - - - - -
7
0
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Subject Property
QJ- MOUNT, COMFORT, RD
x i
Feet
0 75 150 300 450 600
1:2,400
R-O
RSF-4
Nil
Zone Current Proposed
CS 0.0 3.2
R-A 3.2 0.0
RSF-4 0.0 0.0
Total 3.2 ac
Page 272 of 286
RZN-2023-0033
�F
EXHIBIT'B'
RAJ
Y
Engineers -Surveyors
ors g Y
7230 S Pleasant Ridge Dr I Fayetteville, AR 72704
PH: (479) 442-93501 batesnwa.com
RE: LEGAL DESCRIPTIONS FOR PROPOSED REZONING OF PARCEL #765-13603-000:
A PART OF THE FRACTIONAL NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 16 NORTH,
RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT AN EXISTING REBAR WHICH IS
S87019'07"E 1151.42' AND N02035'51 "E 332.22' FROM AN EXISTING ALUMINUM MONUMENT
MARKING THE SOUTHWEST CORNER OF SAID FRACTIONAL NORTHWEST QUARTER OF
SECTION 6 AND RUNNING THENCE N87023'34"W 164.95' TO AN EXISTING REBAR, THENCE
N02035'49"E 84.99' TO AN EXISTING REBAR, THENCE ALONG A CURVE TO THE LEFT
HAVING A RADIUS OF 1392.19' FOR A CHORD BEARING AND DISTANCE OF N19024'43"E
428.29', THENCE S87023'17"E 236.44', THENCE S02°36'43"W 10.00', THENCE N87°23'17"W 86.50',
THENCE S02036'43"W 85.00', THENCE S87023'17"E 86.52', THENCE S02°36'51"W 399.97',
THENCE N87023'34"W 195.27' TO THE POINT OF BEGINNING, CONTAINING 3.23 ACRES,
MORE OR LESS. SUBJECT TO THAT PORTION IN NORTH SALEM ROAD MASTER STREET
PLAN RIGHT-OF-WAY ON THE EAST SIDE OF HEREIN DESCRIBED TRACT AND ALSO
SUBJECT TO ALL OTHER EASEMENTS AND RIGHTS -OF -WAY OF RECORD.
Page 273 of 286
CITY OF
WNWFAYETTEVILLE
ARKANSAS
PLANNING COMMISSION MEMO
TO: Fayetteville Planning Commission
THRU: Jessie Masters, Development Review Manager
FROM: Gretchen Harrison, Senior Planner
MEETING DATE: December 11, 2023 (updated with results)
SUBJECT: RZN-2023-0033: Rezoning (NORTH OF 3420 W. MOUNT COMFORT
RD./WIESE-GODDARD SCHOOL, 323): Submitted by THE GODDARD
SCHOOL for property located NORTH OF 3420 W. MOUNT COMFORT
RD. The property is zoned R-A, RESIDENTIAL -AGRICULTURAL and
contains approximately 3.23 acres. The request is to rezone the property
to CS, COMMUNITY SERVICES.
RECOMMENDATION:
Staff recommends forwarding RZN-2023-0033 to City Council with a recommendation of
approval.
RECOMMENDED MOTION:
"1 move to forward RZN-2023-0033 to City Council with a recommendation of approval."
BACKGROUND:
The subject property is located in northwest Fayetteville, one lot north of Mount Comfort Road on
the west side of Salem Road. The property contains one parcel totaling 3.23 acres which is
currently undeveloped with the exception of two small outbuildings. A lot split, which would
subdivide the property into two lots containing 1.60 and 1.63 acres, is currently under review by
city staff (LSP-2023-0060). Surrounding land uses and zoning are listed in Table 1.
Table 1:
Surrounding Land Uses and Zoning
Direction
Land Use
Zoning
North
Single -Family Residential
RSF-4, Residential Single -Family — Four Units per Acre
South
Veterinarian
CS, Community Services
Preschool & Child Care Center
East
Single -Family Residential
R-A, Residential -Agricultural
RSF-4, Residential Single -Family — Four Units per Acre
West
Undeveloped
R-A, Residential -Agricultural
Request: The request is to rezone the subject property from R-A, Residential -Agricultural to CS,
Community Services.
Public Comment: Staff received public comment in opposition to this request from an individual
who owns property on the east side of Salem Road. That individual expressed concerns about
this rezoning resulting in increased development and, subsequently, increased traffic and noise.
Page 274 of 286
INFRASTRUCTURE AND ENVIRONMENTAL REVIEW:
Streets: The subject property has frontage along Salem Road, a partially improved
Neighborhood Link street with asphalt paving and open ditches. Any street
improvements required in this area would be determined at the time of
development proposal.
Water: Public water is available to the subject property. An existing eight -inch water main
is present along the west side of Salem Road.
Sewer: Sanitary sewer is available to the subject property. An existing eight -inch sewer
main is present at the northeast corner of the property on the west side of Salem
Road.
Drainage: No portion of the subject property lies within the Hillside/Hilltop Overlay District or
a FEMA-designated floodplain and no protected streams or hydric soils are
present. Any improvements or requirements for drainage would be determined at
the time of development submittal.
Fire: Station 8, located at 2266 W. Deane St., protects this site. The property is located
approximately 1.5 miles from the fire station with an anticipated drive time of
approximately three minutes using existing streets. The anticipated response time
would be approximately 5.2 minutes. Fire Department response time is calculated
based on the drive time plus one 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 six minutes for an engine and eight minutes for a ladder truck. Fire
apparatus access and fire protection water supplies will be reviewed for
compliance with the Arkansas Fire Prevention Code at the time of development.
Police: The Police Department did not comment on this request.
Tree Preservation:
The proposed zoning district of CS, Community Services requires 20% minimum
canopy preservation. The current zoning district of R-A, Residential -Agricultural
requires 25% minimum canopy preservation.
CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates
the property within the proposed rezone as City Neighborhood.
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 PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score range of 5_7 for
this site with a weighted score of 7.5 at the highest level. The following elements of the matrix
contribute to the score:
Page 275 of 286
• Adequate Fire Response (Station 8, 2266 W. Deane St.)
• Near Sewer Main (eight -inch main, Salem Road)
• Near Water Main (eight -inch main, Salem Road)
• Near Public School (Holt Middle School)
• Near City Park (Clabber Creek Trail Corridor and Gary Hampton Softball Complex)
• Near Paved Trail (Clabber Creek Trail and Rupple Road)
• Appropriate Future Land Use (City Neighborhood)
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: Staff finds this rezoning request to be compatible
with existing land use and zoning patterns in the surrounding area. The
property is currently zoned R-A, Residential -Agricultural, and that zoning
district is designed, in part, to protect agricultural land until an orderly
transition to urban development is possible. The subject property is
surrounded by single-family residential subdivisions to the north and east,
a mixture of nonresidential and commercial uses to the south, and it is in
close proximity to a number of civic and institutional uses. A rezoning to CS,
Community Services, would encourage a mixture of residential and
commercial uses, which could provide convenience goods and personal
services for persons living in surrounding neighborhoods, in a traditional
urban form with buildings addressing the street. A rezoning from R-A to CS
would also allow for more dense development and smaller lot sizes. Where
the R-A zoning district currently allows residential development at a density
of one-half unit per acre, the CS zoning district has no stated density
limitation. Also, where R-A zoning allows for the creation of lots with a
minimum width of 200 feet and a minimum area of two acres, CS zoning
would allow for the creation of residential lots with a minimum width of 18
feet and nonresidential lots without limitation to width or area.
Land Use Plan Analysis: Staff finds the applicant's request to be consistent
with the City's land use and zoning plans. The subject property is designated
as City Neighborhood area in the City Plan 2040 Future Land Use Map, and
it is located within a Tier Two Center as indicated on the plan's Growth
Concept Map. Staff finds that a rezoning to CS would support those
designations since the CS zoning district is intended to encourage the
development of smaller scale urban hubs that are characterized by a mixture
of moderate -density residential and commercial uses. Staff also finds the
requested rezoning to be aligned with Goals 1 and 6 of City Plan 2040 since
it would encourage increased development in an area that has a moderate
infill score ranging between 5 and 7, and since it would allow for the creation
of additional housing units.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Page 276 of 286
Finding: Staff finds that rezoning the subject property from R-A to CS is justified since
it would encourage the development of denser residential and commercial
uses in an area that is predominantly developed with low -density single-
family residences.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: A rezoning from R-A to CS has the potential to increase traffic at this location
when considering that CS would allow for development that is greater in
density and intensity than the existing R-A zoning. Nevertheless, staff finds
that the proposed rezoning is not likely to create or appreciably increase
traffic danger or congestion at this location. The property has frontage along
a partially improved Neighborhood Link street, Salem Road, and any street
improvements required in the area would be determined at the time of
development review. Average daily traffic counts along Salem Road are not
currently available in the City's Geographic Information System.
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: The proposed rezoning has the potential to alter the population density since
it would allow for increased residential development. However, the property
currently has access to public streets, water, and sewer, and any necessary
upgrades or improvements to existing infrastructure would be determined at
the time of development review. Fayetteville Public Schools did not comment
on this request.
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-2023-0033 to City
Council with a recommendation of approval.
Page 277 of 286
PLANNING COMMISSION ACTION: Required YES
Date: December 11, 2023 O Tabled O Forwarded O Denied
with u
Motion: Payn, recommendation
of approval
ISecond: McGetrick
Vote: 3-0-0
BUDGET/STAFF IMPACT:
None
ATTACHMENTS:
• Unified Development Code:
o §161.03 District R-A, Residential -Agricultural
o §161.22 Community Services
• Request Letter
• One Mile Map
• Close -Up Map
• Current Land Use Map
• Future Land Use Map
Page 278 of 286
161.03 District R-A, Residential -Agricultural
(A) Purposes. The regulations of the agricultural district are designed to protect agricultural land until an orderly
transition to urban development has been accomplished; prevent wasteful scattering of development in rural
areas; obtain economy of public funds in the providing of public improvements and services of orderly growth;
conserve the tax base; provide opportunity for affordable housing, increase scenic attractiveness; and conserve
open space.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 3
Public protection and utility facilities
Unit 6
Agriculture
Unit 7
Animal husbandry
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 37
Manufactured homes
Unit 41
Accessory dwellings
Unit 43
Animal boarding and training
Unit 46
Short-term rentals
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 20
Commercial recreation, large sites
Unit 24
Home occupations
Unit 35
Outdoor Music Establishments
Unit 36
Wireless communications facilities
Unit 42
Clean technologies
(C) Density.
Units per acre I One-half ('/2)
(D) Bulk and Area Regulations.
Lot width minimum
200 feet
Lot Area Minimum:
Residential:
2 acres
Nonresidential:
2 acres
Lot area per dwelling unit
2 acres
(E) Setback Requirements.
Front Side Rear
35 feet 20 feet 35 feet
(F) Height Requirements. There shall be no maximum height limits in the R-A District, provided, however, if a building
exceeds the height of one (1) story, the portion of the building over one (1) story shall have an additional setback
from any boundary line of an adjacent residential district. The amount of additional setback for the portion of the
building over one (1) story shall be equal to the difference between the total height of that portion of the building
and one (1) story.
(G) Building area. None.
(Code 1965, App. A., Art. 5(1); Ord. No. 1747, 6-29-70; Code 1991, §160.030; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord.
No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5195, 11-6-08; Ord. No. 5238, 5-5-09;
Ord. No. 5479, 2-7-12; Ord. No. 5945 , §3, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6427 , §§l(Exh.
C), 2, 4-20-21)
Page 279 of 286
161.22 Community Services
(A) Purpose. The Community Services District is designed primarily to provide convenience goods and personal
services for persons living in the surrounding residential areas and is intended to provide for adaptable mixed
use centers located along commercial corridors that connect denser development nodes. There is a mixture of
residential and commercial uses in a traditional urban form with buildings addressing the street. For the purposes
of Chapter 96: Noise Control, the Community Services district is a commercial zone. The intent of this zoning
district is to provide standards that enable development to be approved administratively.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three 3 and four 4 family dwellings
Unit 13
Eating laces
Unit 15
Neighborhood Shopping goods
Unit 24
Home occupations
Unit 25
Offices, studios and related services
Unit 26
Multi -family dwellings
Unit 40
Sidewalk Cafes
Unit 41
Accessory dwellings
Unit 44
Cluster Housing Development
Unit 45
Small scale production
Unit 46
Short-term rentals
Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need
approval when combined with pre -approved uses.
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 14
Hotel, motel and amusement services
Unit 16
Shopping goods
Unit 17
Transportation, trades and services
Unit 18
Gasoline service stations and drive-in/drive-through
restaurants
Unit 19
Commercial recreation, small sites
Unit 28
Center for collecting recyclable materials
Unit 34
Liquor stores
Unit 35
Outdoor music establishments
Unit 36
Wireless communication facilities*
Unit 42
Clean technologies
(C) Density. None.
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
Dwelling 18 feet
All others None
(2) Lot Area Minimum. None.
(E) Setback regulations.
Page 280 of 286
Front:
A build -to zone that is located
between 10 feet and a line 25
feet from the front property line.
Side and rear:
None
Side or rear, when contiguous to
15 feet
a single-family residential district:
(F) Building Height Regulations.
Building Height Maximum 1 5 stories
(G) Minimum Buildable Street Frontage.50% of the lot width.
(Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-
14; Ord. No. 5735, 1-20-15; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945, §§5, 7-
9, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6223, §1, 9-3-19; Ord. No. 6409 §1, 2-2-21; Ord. No. 6427
, §§l (Exh. C), 2, 4-20-21; Ord. No. 6497 , §1, 10-19-21)
Page 281 of 286
THE
GODDARD SCHOOL®
FOR EARLY CHILDHOOD DEVELOPMENT
The Goddard School, 3420 W. Mount Comfort Road, Fayetieville, AR 72704 1 479-334-2800 I GoddardSchool.com
October 31, 2023
Dear Planning Commission Members,
Current landowner, Darrel Wiese and I are making a rezoning and separate lot split request for
Parcel 765-13603-000 with a request to rezone both the southern 1.63 acres of Parcel 765-
13603-000 and the northern 1.60 acres to CS.
CS zoning on the southern half of the parcel would suit plans for a Goddard School annex
building on this land which is adjacent and north of the current Goddard School at 3420 W Mt.
Comfort Rd. The rezoning will allow growth for the current school and meet the community's
demand for additional childcare in the area and a safer, larger parking lot to meet the increased
number of families coming to the facility.
We request the remaining northern 1.60 acres of Parcel 765-13603-000 be rezoned from RA to
CS. A lot split is simultaneously being requested on the property which would leave the
northern 1.60 acres not conforming to the 2.0 acre lot requirements for RA. Rezoning to CS
would be compatible with surrounding properties' zoning.
Thank you,
Ellen Hillis
On -Site Owner
The Goddard School Fayetteville (West)
EMAIL:fayetteville2arCa@goddardschools.com
DIRECT: 479-334-2800
RZN-2023-0033
One Mile View
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0000
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RSF-8
Regional Link
Neighborhood Link
Regional Link - High Activity
- Unclassified
- Residential Link
JJW Planned Residential Link
Shared -Use Paved Trail
Trail (Proposed)
Design Overlay District
Fayetteville City Limits
iPlanning Area
NORTH OF 3420 W. MOUNT
COMFORT RD.
0 0.13 0.25 0.5 Miles
1 �
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EXTRACTION
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RSF<
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RSF'
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Dow—Gen—
RSF-18
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RESIDENTIALMULTI-FAMILY
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PLANNED ZONING DISTRICTS
RMF-18
M Commercial. Ind —I. Residential
RMF-sa
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Page 283 of 286
RZN-2023-0033 NORTH OF 3420 W. MOUNT
Close Up View COMFORT R D .
CLEARWOOD DR
2
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92
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Neighborhood Link
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Residential Link
■ ■ Planned Residential Link
— — — Trail (Proposed)
_ ~ Planning Area
_ ! Fayetteville City Limits
R-A
0
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RSF-1
---———————--——————
i
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z 4111 3
L U J- MOUNT, COMFORT, RD
x
R-° NORTH
Zone Current Proposed
CS 0.0 3.2
R-A 3.2 0.0
RSF-4 0.0 0.0
Feet
0 75 150 300 450 600
1:2,400 Total 3.2 ac
Page 284 of 286
RZN-2023-0033 NORTH OF 3420 W. MOUNT
Current Land Use COMFORT RD. NORTH
a I .
rt ,
Single -Family Residential � �'06
IL
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Subject Property
Undeveloped &
Single -Family Residential 7,1" *°
Single -Family Residential
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f�`.
FF ±F F 1
Regional Link
Neighborhood Link
Regional Link - High Activity
Residential Link
■ ■ Planned Residential Link
— — — Trail (Proposed)
yPlanning Area
Fayetteville City Limits
Feet
0 112.5 225 450
1:3,600
675 900
FEMA Flood Hazard Data
100-Year Floodplain
Floodway
Page 285 of 286
RZN-2023-0033 NORTH OF 3420 W. MOUNT
Future Land Use COMFORT RD. A&
NORTH
1
1
1
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BEND DR
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Subject Property
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Veighborhood
Natural
- Regional Link
Neighborhood Link
- Regional Link - High Activity
Residential Link
■ ■ Planned Residential Link
_ Planning Area 0 145 290
_ ! Fayetteville City Limits
— — — Trail (Proposed)
THORNEBROOK
ST
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w i �� MOUNT COMFORT RD
■
■
■
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■
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■ Private
■ Open Space
Feet
580 870 1,160
:11
City Neighborhood
Civic Institutional
Civic and Private Open Space
Industrial
Natural
Non -Municipal Government
Residential Neighborhood
Rural Residential
Urban Center
Page 286 of 286