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HomeMy WebLinkAbout2024-02-20 - Agendas - ArchiveCouncil Member Robert B. Stafford Ward 1 Position 1 Council Member D'Andre Jones Ward 1 Position 2 Council Member Sarah Moore Ward 2 Position 1 Council Member Mike Wiederkehr Ward 2 Position 2 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Treasurer Kara Paxton City of Fayetteville Arkansas City Council Meeting February 20, 2024 Council Member Scott Berna Ward 3 Position 1 Council Member Sarah Bunch Ward 3 Position 2 Council Member Teresa Turk Ward 4 Position 1 Council Member Holly Hertzberg Ward 4 Position 2 A meeting of the Fayetteville City Council was held on February 20, 2024 at 5:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Mayor Jordan called the meeting to order. Call to Order 1. Fayetteville Youth Advisory Council — Oaths of Office (Judge Terra Stephenson). Roll Call. Pledge of Allegiance. Mayor's Announcements, Proclamations and Recognitions: 1. Kalvin Larson Recognition — Mayor Jordan. City Council Meeting Presentations, Reports, and Discussion Items: Proposed Agenda Additions: None. A. Consent: 1. Approval of the February 6, 2024 City Council Meeting Minutes. APPROVED. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov 2. Ozark Natural Science Center (Lease Agreement): A Resolution to approve One -Year, no cost Lease and Operations Agreements with the Ozark Natural Science Center to operate in the Lake Fayetteville Environmental Study Center. (2024-1713) PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 66 -24. 3. 2024 Federal Aid Transportation (Grant Applications): A Resolution to express the willingness of the City of Fayetteville to utilize Federal -Aid Funds for the following projects: Rupple Road Lighting, Drake Street Trail Connection, Millsap Rd. & College Avenue Intersection, Stephen Carr Memorial Drive/I-49 Interchange, and MLK Walkability Improvements. (2024-1714) PASSED AND SHALL BE RECORDED AS RESOLUTION NO.67-24. 4. ARDOT (Agreement of Understanding): A Resolution to approve an Agreement of Understanding with ARDOT to formalize the City's Partnership on the I-49 and Highway 62 Interchange Improvements Project. (2024-1722) PASSED AND SHALL BE RECORDED AS RESOLUTION NO.68-24. 5. Asphalt Overlay/Sidewalks Projects (Plan Approval): A Resolution to approve the Transportation Division Overlay and Sidewalk Projects List for 2024 and 2025. (2024-1716) PASSED AND SHALL BE RECORDED AS RESOLUTION NO.69-24. 6. JBZ, INC. (Service Contract): A Resolution to award BID #23-47 and authorize a contract with JBZ, INC. D/B/A Ellingson Contracting in the amount of $733,746.00 for the Stabilization of the Porter Warehouse, and to approve a Project Contingency in the amount of $35,00.00. (2024-1710) PASSED AND SHALL BE RECORDED AS RESOLUTION NO.70-24. 7. Revival Architecture, INC. (Amendment): A Resolution to approve an amendment to the Contract with Revival Architecture, INC. in the amount of $27,000.00 for Construction Administration Services for the Porter Warehouse Stabilization Project. (2024-1690) PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 71-24. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov Engineering Elements, PLLC. (Service Contract): A Resolution to approve a Professional Services Contract in the amount of $108,000.00 with Engineering Elements, PLLC, pursuant to RFQ #23-01, Selection 11, for City Hall HVAC Upgrades, to approve a Project Contingency of $6,307.00, and to approve a Budget Adjustment. (2024-1712) PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 72-24. 9. BID 23-49 Jack Tyler Engineering, INC. (Pump Replacement): A Resolution to award BID #23-49 and authorize the Purchase of a Submersible Pump from Jack Tyler Engineering, INC. in the amount of $103,352.77 plus any applicable taxes and freight charges for use at the Gregg Avenue Sewer Lift Station. (2024-1718) PASSED AND SHALL BE RECORDED AS RESOLUTION NO.73-24. 10. BID 23-50 Jack Tyler Engineering, INC. (Pump Replacement): A Resolution to award BID #23-50 and authorize the Purchase of a Submersible Pump from Jack Tyler Engineering, INC. in the amount of $70,807.87 plus any applicable taxes and freight charges for use in the Effluent Pond at the Noland Water Resource Recovery Facility. (2024-1719) PASSED AND SHALL BE RECORDED AS RESOLUTION NO.74-24. 11. BID 23-51 Jack Tyler Engineering, INC. (Pump Replacement): A Resolution to award BID #23-51 and authorize the Purchase of a Submersible Pump from Jack Tyler Engineering, INC. in the amount of $61,644.18 plus any applicable taxes and freight charges for use in the Aeration Basin at the Noland Water Resource Recovery Facility. (2024-1720) PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 75-24. 12. Thermo Scientific Portable Analytical Instruments, INC. (Purchase Agreement): A Resolution to approve the Grant Funded Purchase of a Truenarc Handheld Narcotics Analyzer in the amount of $36,779.57 plus any applicable taxes from Thermo Scientific Portable Analytical Instruments, INC. (2024-1686) PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 76-24. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov B. Unfinished Business: Stearns Street Extension (Budget Adjustment): A Resolution to approve a Budget Adjustment to create a Project Budget for an Extension of Stearns Street between Vantage Drive and Old Missouri Road. At the January 18, 2024 City Council Meeting, this Resolution was tabled to the February 6, 2024 City Council Meeting. At the February 6, 2024 City Council Meeting, this Resolution was tabled to the February 20, 2024 City Council Meeting. (2023-1593) PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 77-24. 2. Spout Springs Historic District (Petition Signature): A Resolution to authorize Mayor Jordan to sign the proposed Spout Spring Historic District Petition agreeing that the City owned property of the Yvonne Richardson Community Center shall be included within the Spout Spring Historic District. At the February 6, 2024 City Council Meeting, this Resolution was tabled to the February 20, 2024 City Council Meeting. (2024-1665) PASSED AND SHALL BE RECORDED AS RESOLUTION NO.78-24. C. New Business: Section 50.04 — Depositing on Vacant Lots (Amendment): An Ordinance to amend §50.04 Depositing on Vacant Lots of the Fayetteville Code to include a prohibition on dumping mulch, compost, fill dirt, and brush on vacant lots in the city. (2024-1721) AT THE FEBRUARY 20, 2024 CITY COUNCIL MEETING, THIS ORDINANCE WAS TABLED. 2. Fayetteville Public School District (Lease Amendment): An Ordinance to amend a Joint Lease Agreement with the Fayetteville School District for portions of Jefferson Elementary School, Holcomb Elementary School, and Lake Fayetteville. (2024-1715) PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6718. 3. Administrative-2024-0002 (Amendment): An Ordinance to amend § 166.20 Expiration of Approved Plans and Permits of the Unified Development Code to extend the time for developers to request Administrative Project Extensions from 12 months to 18 months. (2024-1692) PASSED AND SHALL BE RECORDED AS ORDINANCE NO.6719. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov 4. Rezoning-2023-0035: (NW of N. Shiloh Dr. and W. Chicory Pl./Springwoods Investments LLC, 248): An Ordinance to Rezone the property described in Rezoning Petition RZN 2023-0035 for approximately 2.44 acres located Northwest of North Shiloh Drive and West Chicory Place in Ward 2 from CPZD, Commercial Planned Zoning District to UT, Urban Thoroughfare. (2024-1635) AT THE FEBRUARY 20, 2024 CITY COUNCIL MEETING, THIS ORDINANCE WAS LEFT ON THE SECOND READING. 5. Rezoning-2023-0035: (North of W. Technology Way/Watkins, Boyer, Gray & Curry PLLC, 479): An Ordinance to Rezone the Property described in Rezoning Petition RZN 2023-036 for approximately 15.66 acres located North of West Technology Way in Ward 4 from C-2, Thoroughfare Commercial to CS, Community Services and R-A, Residential Agricultural. (2024-1691) PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6720. D. City Council Agenda Session Presentations: E. City Council Tour: None. F. Announcements: None. G. Adjournment: 8:12 PM 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting: February 20, 2024 Adjourn: g:, - Res. 66-24 l TT'' Ord: 6719 Subject: ROLL Turk (W4P1) Hertzberg (W4P2) / ✓ Stafford (W1P1) Jones / (W1P2) ✓ Moore (W2P1) / V Wiederkehr (W2P1) Berna (W3P1) Bunch (W3P2) Mayor Jordan / / Subject: Motion To: Motion By: Seconded: Turk (W4P1) Hertzberg (W4P2) Stafford (W1P1) Jones (W1P2) Moore (W2P1) Wiederkehr (W2P1) Berna (W3P1) Bunch (W3P2) Mayor Jordan City Council Meeting: February 20, 2024 Resolution Subject: CONSENT Motion To: 0 Motion By: Seconded: A. 1 ✓ Turk A. 2 bb-at'l (W4P1) A. 3 67 -;Lq Hertzberg A. 4 (W4P2) A. 5 bQ -Xq Stafford A.6 _Q q (W1P1) A. 711 aH Jones A. s- N (W1P2) A. 9 f25-a�( Moore A.10 14- I (W2P1) A.117T-a Wiederkehr A.12 (W2P1) Berna. (W3P1) Bunch / (W3P2) ✓ Mayor Jordan �— .r Subject: Motion To: Motion By: Seconded: Turk (W4P1) Hertzberg (W4P2) Stafford (W1P1) Jones (W1P2) Moore (W2P1) Wiederkehr (W2P1) Berna. (W3P1) Bunch (W3P2) Mayor Jordan City Council Meeting: February 20, 2024 Resolution Subject: STEARNS STREET EXTENSION (BUDGET ADJUSTMENT): 2023-1593 Motion To: Motion By: Seconded: Turk Unfinished (W4P1) Hertzberg Business (W4P2) Stafford B.1 (W1P1) Jones (W 1 P2) Moore (W2P1) Wiederkehr (W2P1) Berna (W3P1) Bunch / (W3P2) Mayor Jordan s lv Subject: Motion To: Motion By: Seconded: Turk (W4P1) Hertzberg (W4P2) Stafford (W1P1) Jones (WIP2) Moore (W2P1) Wiederkehr (W2P1) Berna (W3P1) Bunch (W3P2) Mayor Jordan City Council Meeting: February 20, 2024 r T z r SIG/I/AYu RE- • � P� T �O� Subject: S?ON'T TNGS I )_TS T ORS Ts- KT C- To: AA41 a�Motion UAW Motion By: Seconded: Turk (W4P1) Hertzberg (W4P2) J Stafford (W1P1) Q. �J Jones (W1P2) Moore Wiederkehr (W2P1) Berna (W3P1) / ✓ Bunch (W3P2) / ✓ Mayor Jordan ---- —�' V 1;6- —( Subject: Motion To: Motion By: Seconded: Turk (W4P1) Hertzberg (W4P2) Stafford (W1P1) Jones (W1P2) Moore (W2P1) Wiederkehr (W2P1) Berna (W3P1) Bunch (W3P2) Mayor Jordan City Council Meeting: February 20, 2024 Ordinance SECTION 50.04 - DEPOSITING ON VACANT LOTS (AMENDMENT): 2024- Subject: 1721 A A• Motion To: Motion By: Seconded: �JAVAL Turk % New (W4P1) J Hertzberg Business (W4P2) f Stafford / CA (W1P1) Jones % (W 1 P2) J Moore (W2P1) U Wiederkehr (W2P1) Berna (W3P1) Bunch (W3P2) Mayor Jordan VAEFAW iimm �J Subject: Motion To: Motion By: Seconded: Turk (W4P1) Hertzberg (W4P2) Stafford (W1P1) Jones (WI P2) Moore (W2P1) Wiederkehr (W2P1) Berna (W3P1) Bunch (W3P2) Mayor Jordan City Council Meeting: February 20, 2024 Ordinance Subject: FAYETTEVILLE PUBLIC SCHOOL DISTRICT (LEASE AMENDMENT): 2024 1715 Motion To: S�.t S p�St Motion By: w1oorc— MooZe — Seconded: Turk New (W4P1) Business Hertzberg (W4P2) f C.2 Stafford (W1PI) Jones (W 1 P2) V/ V IR� Moore ✓ (W2P1) �Q Wiederkehr (W2P1) ✓ d�\00 (W3PI) i Bunch (W3P2) Mayor Jordan r -� goo Subject: Motion To: Motion By: Seconded: Turk (W4P1) Hertzberg (W4P2) Stafford (W1P1) Jones (WIP2) Moore (W2P1) Wiederkehr (W2P1) Berna (W3P1) Bunch (W3P2) Mayor Jordan City Council Meeting: February 20, 2024 Ordinance Subject: ADMINISTRATIVE-2024-0002: (AMENDMENT): 2024-1692 Motion To: /aff Motion By: ----- Seconded: � ��- Turk ✓ � f New (W4P1) Hertzberg ✓ ✓ Business (W4P2) Stafford C.3 (W1P1) Jones ✓ ✓ (W l P2) a - ` Moore / J (W2P1) Wiederkehr � ✓ (W2P1) Berna (W3P (W3P1) / Bunch (W3P2) ✓ ✓ Mayor Jordan Subject: Motion To: Motion By: Seconded: Turk (W4P1) Hertzberg (W4P2) Stafford (W1P1) Jones (W I P2) Moore (W2P1) Wiederkehr (W2P1) Berna (W3P1) Bunch (W3P2) Mayor Jordan City Council Meeting: February 20, 2024 Ordinance REZONING-2023-0035: (NW OF N. SHILOH DR. AND W. CHICORY Subject: PL./SPRINGWOOI) ' INVC STIR NTS LLC, ? Ifi): 202 I-1635 Motion To: r Motion By: v Seconded: rn0 Turk New (W4P1) Hertzberg Business (W4P2) Stafford C.4 (W1P1) ✓ Jones % (Wl P2) J Moore ✓ f (W2P1) �.��'j 'l Wiederkehr (W2P1) Berna f (W3P1) Bunch (W3P2) Mayor Jordan f— �— Subject: Motion To: Motion By: Seconded: Turk (W4P1) Hertzberg (W4P2) Stafford (W1P1) Jones (W1P2) Moore (W2P1) Wiederkehr (W2P1) Berna (W3P1) Bunch (W3P2) Mayor Jordan City Council Meeting: February 20, 2024 Ordinance Subject: REZONING-2023-0036: (NORTH OF W. TECHNOLOGY WAY/WATKINS, ' BOYER, G AY & CJjR PLL , 479): 2024-1691 Motion To: 27W 3 /��� �( Motion By: ( Seconded:�- Turk (f ' New (W4P1) Hertzberg Business (W4P2) Stafford ✓ ✓ C.5 (W1P1) Jones (W1P2) O Moore (W2P1) ✓ Wiederkehr (W2P1) Berna � / ✓ (W3P1) Bunch / (W3P2) ✓ Mayor Jordan�--"— Subject: Motion To: Motion By: Seconded: Turk (W4P1) Hertzberg (W4P2) Stafford (W1P1) Jones (W1 P2) Moore (W2P1) Wiederkehr (W2P1) Berna (W3P1) Bunch (W3P2) Mayor Jordan City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 City Council Tentative Agenda Tuesday, February 13, 2024 4:30 PM City Hall Room 219 Citv 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 City Council Meeting Tentative AlZenda February 13, 2024 ZOOM INFORMATION: V1. WEBINAR ID: 816 2384 3372 PUBLIC REGISTRATION LINK: HTTPS://US06WEB.ZOOM.US/WEBINAR /REGISTER/WN_6FY48TTBSXQO67CMCSS6FW CALL TO ORDER v11. FAYETTEVILLE YOUTH ADVISORY COUNCIL - OATHS OF OFFICE (JUDGE TERRA STEPHENSON) ALYOSHA WOOD, COUNCIL MEMBER BLYTHE HEIMER, COUNCIL MEMBER BRENDAN KLAUS, COUNCIL MEMBER ELIZABETH ROBINSON, COUNCIL MEMBER ELLYETTE CEOLA, COUNCIL MEMBER GRAYSON BROWN, COUNCIL MEMBER KATHERINE HINTON, COUNCIL MEMBER MIA ALANSARI, COUNCIL MEMBER ROLL CALL PLEDGE OF ALLEGIANCE MAYOR'S ANNOUNCEMENTS, PROCLAMATIONS AND RECOGNITIONS I ✓ 1. KALVIN LARSON RECOGNITION - MAYOR JORDAN CITY COUNCIL MEETING PRESENTATIONS, REPORTS AND DISCUSSION ITEMS A. CONSENT ✓A.1. APPROVAL OF THE FEBRUARY 6, 2024 CITY COUNCIL MEETING MINUTES 11 ✓A.2. OZARK NATURAL SCIENCE CENTER (LEASE AGREEMENT): A RESOLUTION TO APPROVE ONE-YEAR, NO COST LEASE AND OPERATIONS AGREEMENTS WITH THE OZARK NATURAL SCIENCE CENTER TO OPERATE IN THE LAKE FAYETTEVILLE ENVIRONMENTAL STUDY CENTER (2024-1713) ✓A.3. 2024 FEDERAL AID TRANSPORTATION (GRANT APPLICATIONS): A RESOLUTION TO EXPRESS THE WILLINGNESS OF THE CITY OF FAYETTEVILLE TO UTILIZE FEDERAL -AID FUNDS FOR THE FOLLOWING PROJECTS: RUPPLE ROAD LIGHTING, DRAKE STREET TRAIL City of Fayetteville, Arkansas page 2 City Council Meeting Tentative Agenda February 13, 2024 CONNECTION, MILLSAP RD. & COLLEGE AVENUE INTERSECTION, STEPHEN CARR MEMORIAL DRIVE/1-49 INTERCHANGE, AND MLK WALKABILITY IMPROVEMENTS (2024-1714) AAA. ARDOT (AGREEMENT OF UNDERSTANDING): A RESOLUTION TO APPROVE AN AGREEMENT OF UNDERSTANDING WITH ARDOT TO FORMALIZE THE CITY'S PARTNERSHIP ON THE 1-49 AND / HIGHWAY 62 INTERCHANGE IMPROVEMENTS PROJECT (2024-1722) vA.5. ASPHALT OVERLAY / SIDEWALKS PROJECTS (PLAN APPROVAL): A RESOLUTION TO APPROVE THE TRANSPORTATION DIVISION OVERLA`Ir. AND SIDEWALK PROJECTS LIST FOR 2024 AND 2025 (2024-1716) VA.6. JBZ, INC. (SERVICE CONTRACT): A RESOLUTION TO AWARD BID #23-47 AND AUTHORIZE A CONTRACT WITH JBZ, INC. D/B/A ELLINGSON CONTRACTING IN THE AMOUNT OF $733,746.00 FOR THE STABILIZATION OF THE PORTER WAREHOUSE, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $35,000.00 (2024-1710) /A.7. REVIVAL ARCHITECTURE, INC. (AMENDMENT): A RESOLUTION TO APPROVE AN AMENDMENT TO THE CONTRACT WITH REVIVAL ARCHITECTURE, INC. IN THE AMOUNT OF $27,000.00 FOR CONSTRUCTION ADMINISTRATION SERVICES FOR THE PORTER WAREHOUSE STABILIZATION PROJECT (2024-1690) ✓A.8. ENGINEERING ELEMENTS, PLLC. (SERVICE CONTRACT): A RESOLUTION TO APPROVE A PROFESSIONAL SERVICES CONTRACT IN THE AMOUNT OF $108,000.00 WITH ENGINEERING ELEMENTS, PLLC, PURSUANT TO RFQ #23-01, SELECTION 11, FOR CITY HALL HVAC UPGRADES, TO APPROVE A PROJECT CONTINGENCY OF $6,307.00, AND TO APPROVE A BUDGET ADJUSTMENT (2024-1712) ✓A.9. BID 23-49 JACK TYLER ENGINEERING, INC. (PUMP REPLACEMENT): A RESOLUTION TO AWARD BID #23-49 AND AUTHORIZE THE PURCHASE OF A SUBMERSIBLE PUMP FROM JACK TYLER ENGINEERING, INC. IN THE AMOUNT OF $103,352.77 PLUS ANY APPLICABLE TAXES AND FREIGHT CHARGES FOR USE AT THE GREGG AVENUE SEWER LIFT STATION (2024-1718) V.10. BID 23-50 JACK TYLER ENGINEERING, INC. (PUMP REPLACEMENT): A RESOLUTION TO AWARD BID #23-50 AND AUTHORIZE THE PURCHASE OF A SUBMERSIBLE PUMP FROM JACK TYLER ENGINEERING, INC. IN THE City of Fayetteville, Arkansas page 3 City Council Meeting Tentative Aizenda February 13, 2024 AMOUNT OF $70,807.87 PLUS ANY APPLICABLE TAXES AND FREIGHT CHARGES FOR USE IN THE EFFLUENT POND AT THE NOLAND WATER / RESOURCE RECOVERY FACILITY (2024-1719) '4A.11. BID 23-51 JACK TYLER ENGINEERING, INC. (PUMP REPLACEMENT): A RESOLUTION TO AWARD BID #23-51 AND AUTHORIZE THE PURCHASE OF A SUBMERSIBLE PUMP FROM JACK TYLER ENGINEERING, INC. IN THE AMOUNT OF $61,644.18 PLUS ANY APPLICABLE TAXES AND FREIGHT CHARGES FOR USE IN THE AERATION BASIN AT THE NOLAND WATER RESOURCE RECOVERY FACILITY (2024-1720) V/A.12. THERMO SCIENTIFIC PORTABLE ANALYTICAL INSTRUMENTS, INC. (PURCHASE AGREEMENT): A RESOLUTION TO APPROVE THE GRANT FUNDED PURCHASE OF A TRUENARC HANDHELD NARCOTICS ANALYZER IN THE AMOUNT OF $36,779.57 PLUS ANY APPLICABLE TAXES FROM THERMO SCIENTIFIC PORTABLE ANALYTICAL INSTRUMENTS, INC. (2024-1686) B. UNFINISHED BUSINESS VB.1. STEARNS STREET EXTENSION (BUDGET ADJUSTMENT): A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT TO CREATE A PROJECT BUDGET FOR AN EXTENSION OF STEARNS STREET BETWEEN VANTAGE DRIVE AND OLD MISSOURI ROAD (2023-1593) AT THE JANUARY 18, 2024 CITY COUNCIL MEETING, THIS RESOLUTION WAS TABLED TO THE FEBRUARY 6, 2024 CITY COUNCIL MEETING. AT THE FEBRUARY 6, 2024 CITY COUNCIL MEETING, THIS RESOLUTION % WAS TABLED TO THE FEBRUARY 20, 2024 CITY COUNCIL MEETING. V B.2. SPOUT SPRINGS HISTORIC DISTRICT (PETITION SIGNATURE): A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN THE PROPOSED SPOUT SPRING HISTORIC DISTRICT PETITION AGREEING THAT THE CITY OWNED PROPERTY OF THE YVONNE RICHARDSON COMMUNITY CENTER SHALL BE INCLUDED WITHIN THE SPOUT SPRING HISTORIC DISTRICT (2024-1665) AT THE FEBRUARY 6, 2024 CITY COUNCIL MEETING, THIS RESOLUTION WAS TABLED TO THE FEBRUARY 20, 2024 CITY COUNCIL MEETING. C. NEW BUSINESS V/C.1. SECTION 50.04 - DEPOSITING ON VACANT LOTS (AMENDMENT): City of Fayetteville, Arkansas page 4 City Council Meeting Tentative Agenda February 13, 2024 AN ORDINANCE TO AMEND §50.04 DEPOSITING ON VACANT LOTS OF THE FAYETTEVILLE CODE TO INCLUDE A PROHIBITION ON DUMPING MULCH, COMPOST, FILL DIRT, AND BRUSH ON VACANT LOTS IN THE CITY (2024- 1721) v/C.2. FAYETTEVILLE PUBLIC SCHOOL DISTRICT (LEASE AMENDMENT): AN ORDINANCE TO AMEND A JOINT LEASE AGREEMENT WITH THE FAYETTEVILLE SCHOOL DISTRICT FOR PORTIONS OF JEFFERSON ELEMENTARY SCHOOL, HOLCOMB ELEMENTARY SCHOOL, AND LAKE FAYETTEVILLE (2024-1715) V C.3. ADM INISTRATIVE-2024-0002: (AMENDMENT): AN ORDINANCE TO AMEND §166.20 EXPIRATION OF APPROVED PLANS AND PERMITS OF THE UNIFIED DEVELOPMENT CODE TO EXTEND THE TIME FOR DEVELOPERS TO REQUEST ADMINISTRATIVE PROJECT EXTENSIONS FROM 12 MONTHS TO 18 MONTHS (2024-1692) V C.4. REZONING-2023-0035: (NW OF N. SHILOH DR. AND W. CHICORY PL./SPRINGWOODS INVESTMENTS LLC, 248): AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2023-0035 FOR APPROXIMATELY 2.44 ACRES LOCATED NORTHWEST OF NORTH SHILOH DRIVE AND WEST CHICORY PLACE IN WARD 2 FROM CPZD, COMMERCIAL PLANNED ZONING DISTRICT TO UT, URBAN THOROUGHFARE (2024-1635) \/ C.5. REZONING-2023-0036: ( NORTH OF W. TECHNOLOGY WAY/WATKINS, BOYER, GRAY & CURRY PLLC, 479): AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2023-036 FOR APPROXIMATELY 15.66 ACRES LOCATED NORTH OF WEST TECHNOLOGY WAY IN WARD 4 FROM C-2, THOROUGHFARE COMMERCIAL TO CS, COMMUNITY SERVICES AND R-A, RESIDENTIAL AGRICULTURAL (2024-1691) PROPOSED AGENDA ADDITIONS D. CITY COUNCIL AGENDA SESSION PRESENTATIONS E. CITY COUNCIL TOUR F. ANNOUNCEMENTS G. ADJOURNMENT City of Fayetteville, Arkansas page 5 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 City Council Tentative Agenda Tuesday, February 13, 2024 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 City Council Meeting Tentative Asenda February 13, 2024 ZOOM INFORMATION: WEBINAR ID: 816 2384 3372 PUBLIC REGISTRATION LINK: HTTPS://US06WEB.ZOOM.US/WEBINAR /REGISTER/WN_6FY48TTBSXQ067CMCSS6FW CALL TO ORDER FAYETTEVILLE YOUTH ADVISORY COUNCIL - OATHS OF OFFICE (JUDGE TERRA STEPHENSON) ALYOSHA WOOD, COUNCIL MEMBER BLYTHE HEIMER, COUNCIL MEMBER BRENDAN KLAUS, COUNCIL MEMBER ELIZABETH ROBINSON, COUNCIL MEMBER ELLYETTE CEOLA, COUNCIL MEMBER GRAYSON BROWN, COUNCIL MEMBER KATHERINE HINTON, COUNCIL MEMBER MIA ALANSARI, COUNCIL MEMBER (JUDGE TERRA STEPHENSON) ROLL CALL PLEDGE OF ALLEGIANCE MAYOR'S ANNOUNCEMENTS, PROCLAMATIONS AND RECOGNITIONS CITY COUNCIL MEETING PRESENTATIONS, REPORTS AND DISCUSSION ITEMS A. CONSENT ✓A.1. APPROVAL OF THE FEBRUARY 06, 2024 CITY COUNCIL MEETING MINUTES ✓A.2. OZARK NATURAL SCIENCE CENTER (LEASE AGREEMENT): A RESOLUTION TO APPROVE ONE-YEAR, NO COST LEASE AND OPERATIONS AGREEMENTS WITH THE OZARK NATURAL SCIENCE CENTER TO OPERATE IN THE LAKE FAYETTEVILLE ENVIRONMENTAL STUDY CENTER (2024-1713) (ALISON JUMPER /PARKS, RECREATION, CULTURAL AFFAIRS) City of Fayetteville, Arkansas page 2 City Council Meeting Tentative Agenda February 13, 2024 ✓A.3. 2024 FEDERAL AID TRANSPORTATION (GRANT APPLICATIONS): A RESOLUTION TO EXPRESS THE WILLINGNESS OF THE CITY OF FAYETTEVILLE TO UTILIZE FEDERAL -AID FUNDS FOR THE FOLLOWING PROJECTS: RUPPLE ROAD LIGHTING, DRAKE STREET TRAIL CONNECTION, MILLSAP RD. & COLLEGE AVENUE INTERSECTION, STEPHEN CARR MEMORIAL DRIVE/1-49 INTERCHANGE, AND MLK WALKABILITY IMPROVEMENTS (2024-1714) k9 Arvicry (MATT MIHALEVICH/ENGINEERING) A.4. 2024/2025 ASPHALT OVERLAY AND SIDEWALKS PROJECTS (WORK PLAN APPROVAL): A RESOLUTION TO APPROVE THE TRANSPORTATION DIVISION OVERLAY AND SIDEWALK PROJECTS LIST FOR 2024 AND 2025 (2024-1716) (CHRIS BROWN / PUBLIC WORKS) ✓A.5. JBZ, INC. (SERVICE CONTRACT): A RESOLUTION TO AWARD BID #23-47 AND AUTHORIZE A CONTRACT WITH JBZ, INC. D/B/A ELLINGSON CONTRACTING IN THE AMOUNT OF $733,746.00 FOR THE STABILIZATION OF THE PORTER WAREHOUSE, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $35,000.00 (2024-1710) (W4YLON ABERNATHY/FACILITIES) .,A:. . ENGINEERING ELEMENTS, PLLC. (SERVICE CONTRACT): AA RESOLUTION TO APPROVE A PROFESSIONAL SERVICES CONTRACT IN THE AMOUNT OF $108,000.00 WITH ENGINEERING ELEMENTS, PLLC, PURSUANT TO RFQ #23-01, SELECTION 11, FOR CITY HALL HVAC UPGRADES, TO APPROVE A PROJECT CONTINGENCY OF $6,307.00, AND TO APPROVE A BUDGET ADJUSTMENT (2024-1712) (WAYLON ABERNATHY/ FACILITIES) REVIVAL ARCHITECTURE, INC. (AMENDMENT TO RFQ-21-01-17): p"G A RESOLUTION TO APPROVE AN AMENDMENT TO THE CONTRACT WITH REVIVAL ARCHITECTURE, INC. IN THE AMOUNT OF $27,000.00 FOR CONSTRUCTION ADMINISTRATION SERVICES FOR THE PORTER WAREHOUSE STABILIZATION PROJECT (2024-1690) (WAYLON ABERNATHY/FACILITIES) City of Fayetteville, Arkansas page 3 City Council Meeting Tentative Agenda Fchruary 13.2024 ✓A.8. BID 23-49 JACK TYLER ENGINEERING, INC. (PUMP REPLACEMENT): A RESOLUTION TO AWARD BID #23-49 AND AUTHORIZE THE PURCHASE OF A SUBMERSIBLE PUMP FROM JACK TYLER ENGINEERING, INC. IN THE AMOUNT OF $103,352.77 PLUS ANY APPLICABLE TAXES AND FREIGHT CHARGES FOR USE AT THE GREGG AVENUE SEWER LIFT STATION (2024-1718) (TIM NYANDER / WATER AND SEWER) VA.9. BID 23-50 JACK TYLER ENGINEERING, INC. (PUMP REPLACEMENT): A RESOLUTION TO AWARD BID #23-50 AND AUTHORIZE THE PURCHASE OF A SUBMERSIBLE PUMP FROM JACK TYLER ENGINEERING, INC. IN THE AMOUNT OF $70,807.87 PLUS ANY APPLICABLE TAXES AND FREIGHT CHARGES FOR USE IN THE EFFLUENT POND AT THE NOLAND WATER RESOURCE RECOVERY FACILITY (2024-1719) /A.10. (TIM NYANDER / WATER AND SEWER) BID 23-51 JACK TYLER ENGINEERING, INC. (PUMP REPLACEMENT): A RESOLUTION TO AWARD BID #23-51 AND AUTHORIZE THE PURCHASE OF A SUBMERSIBLE PUMP FROM JACK TYLER ENGINEERING, INC. IN THE AMOUNT OF $61,644.18 PLUS ANY APPLICABLE TAXES AND FREIGHT CHARGES FOR USE IN THE AERATION BASIN AT THE NOLAND WATER RESOURCE RECOVERY FACILITY (2024-1720) (TIM NYANDER/ WATER AND SEWER) V A.11. THERMO SCIENTIFIC PORTABLE ANALYTICAL INSTRUMENTS, INC. (PURCHASE AGREEMENT): A RESOLUTION TO APPROVE THE GRANT FUNDED PURCHASE OF A TRUENARC HANDHELD NARCOTICS ANALYZER IN THE AMOUNT OF $36,779.57 PLUS ANY APPLICABLE TAXES FROM THERMO SCIENTIFIC PORTABLE ANALYTICAL INSTRUMENTS, INC. (2024-1686) (CHIEF REYNOLDS / FAYETTEVILLE POLICE DEPARTMENT) City of Fayetteville, Arkansas page 4 City Council Meeting Tentative Agenda February 13, 2024 B. UNFINISHED BUSINESS ✓B.1. STEARNS STREET EXTENSION (BUDGET ADJUSTMENT): A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT TO CREATE A PROJECT BUDGET FOR AN EXTENSION OF STEARNS STREET BETWEEN VANTAGE DRIVE AND OLD MISSOURI ROAD (2023-1593) AT THE JANUARY 18, 2024 CITY COUNCIL MEETING, THIS RESOLUTION WAS TABLED TO THE FEBRUARY 6, 2024 CITY COUNCIL MEETING. AT THE FEBRUARY 46, 2024 CITY COUNCIL MEETING, THIS RESOLUTION WAS TABLED TO THE FEBRUARY 20, 2024 CITY COUNCIL MEETING. ✓B.2. SPOUT SPRINGS HISTORIC DISTRICT (PETITION SIGNATURE): A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN THE PROPOSED SPOUT SPRING HISTORIC DISTRICT PETITION AGREEING THAT THE CITY OWNED PROPERTY OF THE YVONNE RICHARDSON COMMUNITY CENTER SHALL BE INCLUDED WITHIN THE SPOUT SPRING HISTORIC DISTRICT (2024-1665) AT THE FEBRUARY %6, 2024 CITY COUNCIL MEETING, THIS RESOLUTION WAS TABLED TO THE FEBRUARY 20, 2024 CITY COUNCIL MEETING. C. NEW BUSINESS ,/C.1. FAYETTEVILLE PUBLIC SCHOOL DISTRICT (LEASE AMENDMENT): AN ORDINANCE TO AMEND A JOINT LEASE AGREEMENT WITH THE FAYETTEVILLE SCHOOL DISTRICT FOR PORTIONS OF JEFFERSON ELEMENTARY SCHOOL, HOLCOMB ELEMENTARY SCHOOL, AND LAKE FAYETTEVILLE (2024-1715) (ALISON JUMPER /PARKS. RECREATION. CULTURAL AFFAIRS) C.2. ADM INISTRATIVE-2024-0002: (AMEND UDC §166): AN ORDINANCE TO AMEND §166.20 EXPIRATION OF APPROVED PLANS AND PERMITS OF THE UNIFIED DEVELOPMENT CODE TO EXTEND THE TIME FOR DEVELOPERS TO REQUEST ADMINISTRATIVE PROJECT EXTENSIONS FROM 12 MONTHS TO 18 MONTHS (2024-1692) (JONATHAN CURTH / DEVELOPMENT SERVICES) City of Fayetteville, Arkansas page 5 City Council Meeting Tentative Agenda February 13, 2024 �C.3. REZONING-2023-0035: (NW OF N. SHILOH DR. AND W. CHICORY PL./SPRINGWOODS INVESTMENTS LLC, 248): AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2023-0035 FOR APPROXIMATELY 2.44 ACRES LOCATED NORTHWEST OF NORTH SHILOH DRIVE AND WEST CHICORY PLACE IN WARD 2 FROM CPZD, COMMERCIAL PLANNED ZONING DISTRICT TO UT, URBAN THOROUGHFARE (2024-1635) /C.4. REZONING-2023-0036: (NORTH OF W. TECHNOLOGY WAY/WATKINS, BOYER, GRAY & CURRY PLLC, 479): AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2023-036 FOR APPROXIMATELY 15.66 ACRES LOCATED NORTH OF WEST TECHNOLOGY WAY IN WARD 4 FROM C-2, THOROUGHFARE COMMERCIAL TO CS, COMMUNITY SERVICES AND R-A, RESIDENTIAL AGRICULTURAL (2024-1691) (JONATHAN CURTH / DEVELOPMENT SERVICES ) PROPOSED AGENDA ADDITIONS D. CITY COUNCIL AGENDA SESSION PRESENTATIONS E. CITY COUNCIL TOUR F. ANNOUNCEMENTS G. ADJOURNMENT City of Fayetteville, Arkansas page 6 DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY Kit Williams City Attorney TO: Mayor Jordan Blake Pennington Senior Assistant City Attorney THRU: Kara Paxton, City Clerk Hannah Hungate / �, Assistant City Attorney FROM: Kit Williams, City Attorney `' Stacy Barnes Paralegal DATE: February 21, 2024 RE: Ordinances and Resolutions prepared by the City Attorney's Office and passed at the City Council meeting of February 20, 2024 1. A RESOLUTION TO APPROVE ONE-YEAR, NO COST LEASE AND OPERATIONS AGREEMENTS WITH THE OZARK NATURAL SCIENCE CENTER TO OPERATE IN THE LAKE FAYETTEVILLE ENVIRONMENTAL STUDY CENTER 2. A RESOLUTION TO EXPRESS THE WILLINGNESS OF THE CITY OF FAYETTEVILLE TO UTILIZE FEDERAL -AID FUNDS FOR THE FOLLOWING PROJECTS: RUPPLE ROAD LIGHTING, DRAKE STREET TRAIL CONNECTION, MILLSAP RD. & COLLEGE AVENUE INTERSECTION, STEPHEN CARR MEMORIAL DRIVE/I-49 INTERCHANGE, AND MLK WALKABILITY IMPROVEMENTS 3. A RESOLUTION TO APPROVE AN AGREEMENT OF UNDERSTANDING WITH ARDOT TO FORMALIZE THE CITY'S PARTNERSHIP ON THE I-49 AND HIGHWAY 62 INTERCHANGE IMPROVEMENTS PROJECT 4. A RESOLUTION TO APPROVE THE TRANSPORTATION DIVISION OVERLAY AND SIDEWALK PROJECTS LIST FOR 2024 AND 2025 5. A RESOLUTION TO AWARD BID #23-47 AND AUTHORIZE A CONTRACT WITH JBZ, INC. D/B/A ELLINGSON CONTRACTING IN THE AMOUNT OF $733,746.00 FOR THE STABILIZATION OF THE PORTER WAREHOUSE, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $35,000.00 6. A RESOLUTION TO APPROVE AN AMENDMENT TO THE CONTRACT WITH REVIVAL ARCHITECTURE, INC. IN THE AMOUNT OF $27,000.00 FOR CONSTRUCTION ADMINISTRATION SERVICES FOR THE PORTER WAREHOUSE STABILIZATION PROJECT 7. A RESOLUTION TO APPROVE A PROFESSIONAL SERVICES CONTRACT IN THE AMOUNT OF $108,000.00 WITH ENGINEERING ELEMENTS, PLLC, PURSUANT TO RFQ #23-01, SELECTION 11, FOR CITY HALL HVAC UPGRADES, TO APPROVE A PROJECT CONTINGENCY OF $6,307.00, AND TO APPROVE A BUDGET ADJUSTMENT 8. A RESOLUTION TO AWARD BID #23-49 AND AUTHORIZE THE PURCHASE OF A SUBMERSIBLE PUMP FROM JACK TYLER ENGINEERING, INC. IN THE AMOUNT OF $103,352.77 PLUS ANY APPLICABLE TAXES AND FREIGHT CHARGES FOR USE AT THE GREGG AVENUE SEWER LIFT STATION 9. A RESOLUTION TO AWARD BID #23-50 AND AUTHORIZE THE PURCHASE OF A SUBMERSIBLE PUMP FROM JACK TYLER ENGINEERING, INC. IN THE AMOUNT OF $70,807.87 PLUS ANY APPLICABLE TAXES AND FREIGHT CHARGES FOR USE IN THE EFFLUENT POND AT THE NOLAND WATER RESOURCE RECOVERY FACILITY 10. A RESOLUTION TO AWARD BID #23-51 AND AUTHORIZE THE PURCHASE OF A SUBMERSIBLE PUMP FROM JACK TYLER ENGINEERING, INC. IN THE AMOUNT OF $61,644.18 PLUS ANY APPLICABLE TAXES AND FREIGHT CHARGES FOR USE IN THE AERATION BASIN AT THE NOLAND WATER RESOURCE RECOVERY FACILITY 11. A RESOLUTION TO APPROVE THE GRANT FUNDED PURCHASE OF A TRUENARC HANDHELD NARCOTICS ANALYZER IN THE AMOUNT OF $36,779.57 PLUS ANY APPLICABLE TAXES FROM THERMO SCIENTIFIC PORTABLE ANALYTICAL INSTRUMENTS, INC. 12. A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT TO CREATE A PROJECT BUDGET FOR AN EXTENSION OF STEARNS STREET BETWEEN VANTAGE DRIVE AND OLD MISSOURI ROAD 13. A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN THE PROPOSED SPOUT SPRING HISTORIC DISTRICT PETITION AGREEING THAT THE CITY OWNED PROPERTY WITHIN THE DISTRICT INCLUDING YVONNE RICHARDSON COMMUNITY CENTER SHALL BE INCLUDED WITHIN THE SPOUT SPRING HISTORIC DISTRICT 14. AN ORDINANCE TO AMEND §50.04 DEPOSITING ON VACANT LOTS OF THE FAYETTEVILLE CODE TO INCLUDE A PROHIBITION ON DUMPING MULCH, COMPOST, FILL DIRT, AND BRUSH ON VACANT LOTS IN THE CITY 15. AN ORDINANCE TO AMEND A JOINT LEASE AGREEMENT WITH THE FAYETTEVILLE SCHOOL DISTRICT FOR PORTIONS OF JEFFERSON ELEMENTARY SCHOOL, HOLCOMB ELEMENTARY SCHOOL, AND LAKE FAYETTEVILLE 16. AN ORDINANCE TO AMEND § 166.20 EXPIRATION OF APPROVED PLANS AND PERMITS OF THE UNIFIED DEVELOPMENT CODE TO EXTEND THE TIME FOR DEVELOPERS TO REQUEST ADMINISTRATIVE PROJECT EXTENSIONS FROM 12 MONTHS TO 18 MONTHS 2 17. AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2023-0035 FOR APPROXIMATELY 2.44 ACRES LOCATED NORTHWEST OF NORTH SHILOH DRIVE AND WEST CHICORY PLACE IN WARD 2 FROM CPZD, COMMERCIAL PLANNED ZONING DISTRICT TO UT, URBAN THOROUGHFARE 18. AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2023-036 FOR APPROXIMATELY 15.66 ACRES LOCATED NORTH OF WEST TECHNOLOGY WAY IN WARD 4 FROM C-2, THOROUGHFARE COMMERCIAL TO CS, COMMUNITY SERVICES AND R-A, RESIDENTIAL AGRICULTURAL 3 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 City Council Final Agenda Tuesday, February 20, 2024 5:30 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 City Council Meeting Final Agenda February 20, 2024 ZOOM INFORMATION: 1. WEBINAR ID: 891 5773 1255 HTTPS://US06WEB.ZOOM.US/WEBINAR/REGISTER/ WN IXHLMOSTQNCTYPUKZKD5KW CALL TO ORDER 1. FAYETTEVILLE YOUTH ADVISORY COUNCIL - OATHS OF OFFICE (JUDGE TERRA STEPHENSON) ALYOSHA WOOD, COUNCIL MEMBER BLYTHE HEIMER, COUNCIL MEMBER BRENDAN KLAUS, COUNCIL MEMBER ELIZABETH ROBINSON, COUNCIL MEMBER ELLYETTE CEOLA, COUNCIL MEMBER GRAYSON BROWN, COUNCIL MEMBER KATHERINE HINTON, COUNCIL MEMBER MIA ALANSARI, COUNCIL MEMBER ROLL CALL PLEDGE OF ALLEGIANCE MAYOR'S ANNOUNCEMENTS, PROCLAMATIONS AND RECOGNITIONS 1. KALVIN LARSON RECOGNITION - MAYOR JORDAN CITY COUNCIL MEETING PRESENTATIONS, REPORTS AND DISCUSSION ITEMS PROPOSED AGENDA ADDITIONS A. CONSENT A.1. APPROVAL OF THE FEBRUARY 6, 2024 CITY COUNCIL MEETING MINUTES A.2. OZARK NATURAL SCIENCE CENTER (LEASE AGREEMENT): A RESOLUTION TO APPROVE ONE-YEAR, NO COST LEASE AND OPERATIONS AGREEMENTS WITH THE OZARK NATURAL SCIENCE CENTER TO OPERATE IN THE LAKE FAYETTEVILLE ENVIRONMENTAL STUDY CENTER (2024-1713) A.3. 2024 FEDERAL AID TRANSPORTATION (GRANT APPLICATIONS): A RESOLUTION TO EXPRESS THE WILLINGNESS OF THE CITY OF City of Fayetteville, Arkansas page 2 City Council Meeting Final Agenda February 20, 2024 FAYETTEVILLE TO UTILIZE FEDERAL -AID FUNDS FOR THE FOLLOWING PROJECTS: RUPPLE ROAD LIGHTING, DRAKE STREET TRAIL CONNECTION, MILLSAP RD. & COLLEGE AVENUE INTERSECTION, STEPHEN CARR MEMORIAL DRIVE/1-49 INTERCHANGE, AND MLK WALKABILITY IMPROVEMENTS (2024-1714) A.4. ARDOT (AGREEMENT OF UNDERSTANDING): A RESOLUTION TO APPROVE AN AGREEMENT OF UNDERSTANDING WITH ARDOT TO FORMALIZE THE CITY'S PARTNERSHIP ON THE 1-49 AND HIGHWAY 62 INTERCHANGE IMPROVEMENTS PROJECT (2024-1722) A.S. ASPHALT OVERLAY / SIDEWALKS PROJECTS (PLAN APPROVAL): A RESOLUTION TO APPROVE THE TRANSPORTATION DIVISION OVERLAY AND SIDEWALK PROJECTS LIST FOR 2024 AND 2025 (2024-1716) A.6. JBZ, INC. (SERVICE CONTRACT): A RESOLUTION TO AWARD BID #23-47 AND AUTHORIZE A CONTRACT WITH JBZ, INC. D/B/A ELLINGSON CONTRACTING IN THE AMOUNT OF $733,746.00 FOR THE STABILIZATION OF THE PORTER WAREHOUSE, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $35,000.00 (2024-1710) A.7. REVIVAL ARCHITECTURE, INC. (AMENDMENT): A RESOLUTION TO APPROVE AN AMENDMENT TO THE CONTRACT WITH REVIVAL ARCHITECTURE, INC. IN THE AMOUNT OF $27,000.00 FOR CONSTRUCTION ADMINISTRATION SERVICES FOR THE PORTER WAREHOUSE STABILIZATION PROJECT (2024-1690) A.B. ENGINEERING ELEMENTS, PLLC. (SERVICE CONTRACT): A RESOLUTION TO APPROVE A PROFESSIONAL SERVICES CONTRACT IN THE AMOUNT OF $108,000.00 WITH ENGINEERING ELEMENTS, PLLC, PURSUANT TO RFQ #23-01, SELECTION 11, FOR CITY HALL HVAC UPGRADES, TO APPROVE A PROJECT CONTINGENCY OF $6,307.00, AND TO APPROVE A BUDGET ADJUSTMENT (2024-1712) A.9. BID 23-49 JACK TYLER ENGINEERING, INC. (PUMP REPLACEMENT): A RESOLUTION TO AWARD BID #23-49 AND AUTHORIZE THE PURCHASE OF A SUBMERSIBLE PUMP FROM JACK TYLER ENGINEERING, INC. IN THE AMOUNT OF $103,352.77 PLUS ANY APPLICABLE TAXES AND FREIGHT CHARGES FOR USE AT THE GREGG AVENUE SEWER LIFT STATION (2024-1718) A.10. BID 23-50 JACK TYLER ENGINEERING, INC. (PUMP REPLACEMENT): City of Fayetteville, Arkansas page 3 City Council Meeting Final Agenda February 20, 2024 A RESOLUTION TO AWARD BID #23-50 AND AUTHORIZE THE PURCHASE OF A SUBMERSIBLE PUMP FROM JACK TYLER ENGINEERING, INC. IN THE AMOUNT OF $70,807.87 PLUS ANY APPLICABLE TAXES AND FREIGHT CHARGES FOR USE IN THE EFFLUENT POND AT THE NOLAND WATER RESOURCE RECOVERY FACILITY (2024-1719) A.11. BID 23-51 JACK TYLER ENGINEERING, INC. (PUMP REPLACEMENT): A RESOLUTION TO AWARD BID #23-51 AND AUTHORIZE THE PURCHASE OF A SUBMERSIBLE PUMP FROM JACK TYLER ENGINEERING, INC. IN THE AMOUNT OF $61,644.18 PLUS ANY APPLICABLE TAXES AND FREIGHT CHARGES FOR USE IN THE AERATION BASIN AT THE NOLAND WATER RESOURCE RECOVERY FACILITY (2024-1720) A.12. THERMO SCIENTIFIC PORTABLE ANALYTICAL INSTRUMENTS, INC. (PURCHASE AGREEMENT): A RESOLUTION TO APPROVE THE GRANT FUNDED PURCHASE OF A TRUENARC HANDHELD NARCOTICS ANALYZER IN THE AMOUNT OF $36,779.57 PLUS ANY APPLICABLE TAXES FROM THERMO SCIENTIFIC PORTABLE ANALYTICAL INSTRUMENTS, INC. (2024-1686) B. UNFINISHED BUSINESS B.1. STEARNS STREET EXTENSION (BUDGET ADJUSTMENT): A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT TO CREATE A PROJECT BUDGET FOR AN EXTENSION OF STEARNS STREET BETWEEN VANTAGE DRIVE AND OLD MISSOURI ROAD (2023-1593) AT THE JANUARY 18, 2024 CITY COUNCIL MEETING, THIS RESOLUTION WAS TABLED TO THE FEBRUARY 6, 2024 CITY COUNCIL MEETING. AT THE FEBRUARY 6, 2024 CITY COUNCIL MEETING, THIS RESOLUTION WAS TABLED TO THE FEBRUARY 20, 2024 CITY COUNCIL MEETING. B.2. SPOUT SPRINGS HISTORIC DISTRICT (PETITION SIGNATURE): A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN THE PROPOSED SPOUT SPRING HISTORIC DISTRICT PETITION AGREEING THAT THE CITY OWNED PROPERTY OF THE YVONNE RICHARDSON COMMUNITY CENTER SHALL BE INCLUDED WITHIN THE SPOUT SPRING HISTORIC DISTRICT (2024-1665) AT THE FEBRUARY 6, 2024 CITY COUNCIL MEETING, THIS RESOLUTION WAS TABLED TO THE FEBRUARY 20, 2024 CITY COUNCIL MEETING. C. NEW BUSINESS City of Fayetteville, Arkansas page 4 City Council Meeting Final Agenda February 20, 2024 C.1. SECTION 50.04 - DEPOSITING ON VACANT LOTS (AMENDMENT): AN ORDINANCE TO AMEND §50.04 DEPOSITING ON VACANT LOTS OF THE FAYETTEVILLE CODE TO INCLUDE A PROHIBITION ON DUMPING MULCH, COMPOST, FILL DIRT, AND BRUSH ON VACANT LOTS IN THE CITY (2024- 1721) C.2. FAYETTEVILLE PUBLIC SCHOOL DISTRICT (LEASE AMENDMENT): AN ORDINANCE TO AMEND A JOINT LEASE AGREEMENT WITH THE FAYETTEVILLE SCHOOL DISTRICT FOR PORTIONS OF JEFFERSON ELEMENTARY SCHOOL, HOLCOMB ELEMENTARY SCHOOL, AND LAKE FAYETTEVILLE (2024-1715) C.3. ADMINISTRATIVE-2024-0002: (AMENDMENT): AN ORDINANCE TO AMEND §166.20 EXPIRATION OF APPROVED PLANS AND PERMITS OF THE UNIFIED DEVELOPMENT CODE TO EXTEND THE TIME FOR DEVELOPERS TO REQUEST ADMINISTRATIVE PROJECT EXTENSIONS FROM 12 MONTHS TO 18 MONTHS (2024-1692) CA. REZONING-2023-0035: (NW OF N. SHILOH DR. AND W. CHICORY PL./SPRINGWOODS INVESTMENTS LLC, 248): AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2023-0035 FOR APPROXIMATELY 2.44 ACRES LOCATED NORTHWEST OF NORTH SHILOH DRIVE AND WEST CHICORY PLACE IN WARD 2 FROM CPZD, COMMERCIAL PLANNED ZONING DISTRICT TO UT, URBAN THOROUGHFARE (2024-1635) C.S. REZONING-2023-0036: (NORTH OF W. TECHNOLOGY WAY/WATKINS, BOYER, GRAY & CURRY PLLC, 479): AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2023-036 FOR APPROXIMATELY 15.66 ACRES LOCATED NORTH OF WEST TECHNOLOGY WAY IN WARD 4 FROM C-2, THOROUGHFARE COMMERCIAL TO CS, COMMUNITY SERVICES AND R-A, RESIDENTIAL AGRICULTURAL (2024-1691) D. CITY COUNCIL AGENDA SESSION PRESENTATIONS E. CITY COUNCIL TOUR F. ANNOUNCEMENTS G. ADJOURNMENT NOTICE TO MEMBERS OF THE AUDIENCE City of Fayetteville, Arkansas page 5 City Council Meeting Final Agenda February 20, 2024 All interested persons may appear and address the City Council on Unfinished Business, New Business, and Public Hearings at City Council meetings. If you wish to address the City Council on an agenda item, please wait for the Mayor or Chair to request public comment. When the Mayor or Chair recognizes you, please start your public comment by giving your name and address. Comments are to be addressed to the Mayor or Chair. The Mayor or Chair will direct your comments to the appropriate elected officials, staff, or others for response. Keep your comments respectful, brief, to the point, and relevant to the agenda item being considered. Each speaker from the public will be allowed one turn to speak for discussion of an agenda item. Below is a portion of the Rules of Order and Procedure of the Fayetteville City Council pertaining to City Council meetings: Agenda Additions: A new item which is requested to be added to the agenda at a City Council meeting should only be considered if it requires immediate City Council consideration and if the normal agenda setting process is not practical. The City Council may only place such new item on the City Council meeting's agenda by suspending the rules by two-thirds vote. Such agenda addition shall be heard prior to the Consent Agenda. Consent Agenda: Consent Agenda items shall be read by the Mayor and voted upon as a group without discussion by the City Council. If a Council Member wishes to comment upon or discuss a Consent Agenda item that item shall be removed and considered immediately after the Consent Agenda has been voted upon. Unfinished Business and New Business: Overview Period: Agenda items at a City Council meeting shall be introduced by the Mayor and, if an ordinance, read by the City Attorney. City staff shall then present a report. An agenda applicant (city contractor, rezoning or development applicant, etc.) may present its proposal only during this presentation period, but may be recalled by a Council Member later to answer questions. City staff, Council Members and applicants may use electronic visual aids in the City Council meeting as part of the presentation of the agenda item. City staff's presentation and an Applicant's presentation whether presented by one or more than one presenter shall each be limited to a maximum of ten (10) minutes unless the City Council by unanimous consent or majority vote allows additional time. Public Comments: Public comment at a City Council meeting shall be allowed for all members of the audience who have signed up prior to the beginning of the agenda item they wish to address being opened for public comment. Speakers shall be limited to a maximum of five (5) minutes to 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. 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 City of Fayetteville, Arkansas page 6 City Council Meeting Final Agenda February 20, 2024 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. Interpreters or Telecommunications Devise for the Deaf (TDD), for hearing impaired are available for all City Council meetings, a 72-hour advance notice is required. For further information or to request an interpreter, please call 479-575-8330. A copy of the complete City Council agenda is available on our website at www.fayetteville- ar.gov or in the Office of the City Clerk, 113 W. Mountain, Fayetteville, Arkansas (479) 575- 8323. All cell phones must be silenced and may not be used within the City Council Chambers. City of Fayetteville, Arkansas page 7 Council Member Robert B. Stafford Ward 1 Position 1 Council Member D'Andre Jones Ward 1 Position 2 Council Member Sarah Moore Ward 2 Position 1 Council Member Mike Wiederkehr Ward 2 Position 2 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Treasurer Kara Paxton City of Fayetteville Arkansas City Council Meeting February 6, 2024 City Council Meeting Minutes February 6, 2024 Page 1 of 23 Council Member Scott Bema Ward 3 Position 1 Council Member Sarah Bunch Ward 3 Position 2 Council Member Teresa Turk Ward 4 Position 1 Council Member Holly Hertzberg Ward 4 Position 2 A meeting of the Fayetteville City Council was held on February 6, 2024 at 5:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Mayor Jordan called the meeting to order. PRESENT: Council Members Robert B. Stafford, D'Andre Jones, Sarah Moore, Mike Wiederkehr, Scott Berna, Sarah Bunch, Teresa Turk, Holly Hertzberg, Mayor Lioneld Jordan, City Attorney Kit Williams, City Clerk Treasurer Kara Paxton, Chief of Staff Susan Norton, Chief Financial Officer Paul Becker, Staff, Press and Audience. Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: Fayetteville High School Football Team and the Fayetteville Athletic Department Recognition by Mayor Lioneld Jordan Mayor Jordan congratulated the Fayetteville High School Football Team for winning the 7A Football State Championship. Council Member Berna stated the Fayetteville Bulldogs would be represented in the Superbowl on Sunday by two former Fayetteville Bulldogs. City Council Meeting Presentations, Reports, and Discussion Items: 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 6, 2024 Page 2 of 23 Monthly Financial Report - Chief Financial Officer Paul Becker, Chief Financial Officer gave a brief summary of the Monthly Financial Report. He stated sales tax for the year was up 5%, franchise fees were up 6%, alcoholic beverages were up 12% and building permits were up 10%. He stated that overall, the city was up roughly 7% for the year as far as revenue was concerned. He briefly spoke of the pay plan that had come forward earlier last year and of how sales tax had needed to be up around 9.2% to cover that expense. He stated the sales tax had not been up 9.2% but when reviewing all the other revenues combined, the city would have that increase covered. He stated that when closing out the books for the 2023 General Fund, the city may show a small accounting loss for the year of 2023, primarily due to paying down some of the old expenditures that had carried into the 2023 year. He stated the Street Fund was up about 3%, Parking revenue was down 8%, the Water and Sewer Fund was down around 3%, solid waste fees were down 3% and Airport sales were down about 11%. He stated that all in all, it had been a very successful year for the City of Fayetteville. There was a brief discussion between Council Member Moore and Paul Becker regarding his outlook of building permits being projected to be flat for 2024 compared to 2023. Paul Becker stated he was holding with his projection. Agenda Additions: None Consent: Approval of the January 18, 2024 City Council Meeting Minutes APPROVED Play Safely Sports (Service Agreement): A resolution to authorize a contract with Play Safely Sports to provide Youth Injury Mitigation Courses for athletic personnel and coaches at a cost of $20.00 per person, and to approve a budget adjustment. Resolution 37-24 as recorded in the office of the City Clerk Community Access Television, Inc. (Service Contract): A resolution to approve a contract with Community Access Television, Inc. DB/A Your Media in the amount of $211,216.00 for the provision of public access television services and the operation of the public access television channel through 2024. Resolution 38-24 as recorded in the office of the City Clerk Junk -It, LLC. (Service Contract): A resolution to approve an agreement between the City of Fayetteville and Junk -It, LLC. to haul and dispose of solid waste within the city. Resolution 39-24 as recorded in the office of the City Clerk 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 6, 2024 Page 3 of 23 Forvis, LLP. (Service Contract): A resolution to approve the second one year contract with Forvis, LLP. for Auditing Services for the 2024 Audit in an amount not to exceed $175,647.00, with an option to renew for up to three additional one year terms. Resolution 40-24 as recorded in the office of the City Clerk 2019 Phase I Bonds (Budget Adjustment): A resolution to approve a budget adjustment in the amount of $308,612.00 recognizing interest revenue generated from the Sales & Use Tax Capital Improvement and Refunding Bonds Series 2019. Resolution 41-24 as recorded in the office of the City Clerk Evans Enterprises, Inc. (Pump Repair): A resolution to accept a quote in the amount of $54,300.00 plus applicable taxes and freight charges from Evans Enterprises, Inc. for the repair of a pump used at the Hamestring Sewer Lift Station. Resolution 42-24 as recorded in the office of the City Clerk Easement Condemnation (Utility Relocations): A resolution to authorize the City Attorney to seek condemnation and possession of certain lands owned by Fayetteville Student Housing DST needed for the utility relocations associated with ARDOT Project 040846 I-49 MLK Interchange. Resolution 43-24 as recorded in the office of the City Clerk Petroplus, LLC. (Cost Share): A resolution to authorize a cost share with Petroplus, LLC. in the amount of $102,577.80 to complete improvements associated with portions of the North Street Bond Project and to approve a budget adjustment — 2019 Street Improvement Bond Project. Resolution 44-24 as recorded in the office of the City Clerk Black Hills Energy Arkansas, Inc. (Service Agreement): A resolution to approve an agreement with Black Hills Energy Arkansas, Inc. in the amount of $90,950.84 for utility relocations associated with the Midtown Corridor Project along Deane Street, and to approve a budget adjustment - 2019 Street Improvement Bond Project. Resolution 45-24 as recorded in the office of the City Clerk South Plaza Property Land Sale (Budget Adjustment): A resolution to approve a budget adjustment in the amount of $1,244,144.00 allocating proceeds from the sale of the South Plaza property to Reindl Properties Inc. Resolution 46-24 as recorded in the office of the City Clerk DC Sparks Construction, LLC. (Change Order #1): A resolution to approve Change Order No. 1 to the Fleet Shop Expansion Contract with DC Sparks Construction, LLC. in the amount of $272,328.84 to provide and install an overhead crane, and to approve a budget adjustment. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 6, 2024 Page 4 of 23 Resolution 47-24 as recorded in the office of the City Clerk Afterglow Aircraft Solutions - Paint Facility (Lease Agreement): A resolution to approve a five year lease agreement with Exclusive Flight, LLC. D/B/A Afterglow Aircraft Solutions for the Airport Hangar at 4158 South School Avenue for rent in the amount of $901.00 per month. Resolution 48-24 as recorded in the office of the City Clerk Afterglow Aircraft Solutions (Lease Agreement): A resolution to approve a five year lease agreement with Exclusive Flight, LLC. DB/A Afterglow Aircraft Solutions for the Airport Hangar at 4580 South School Avenue for rent in the amount of $2,641.77 per month. Resolution 49-24 as recorded in the office of the City Clerk Diamond Waste Services, LLC. (Service Agreement): A resolution to approve an agreement between the City of Fayetteville and Diamond Waste, LLC. to haul and dispose of solid waste within the city. Resolution 50-24 as recorded in the office of the City Clerk Happy Hollow Fuel Canopy Replacement (Budget Adjustment): A resolution to approve a budget adjustment in the amount of $49,341.00 for the construction, repair and replacement of the fleet fuel canopy at the Happy Hollow Complex. Resolution 51-24 as recorded in the office of the City Clerk Waste Recycle Equipment Sales, LLC. (Purchase Agreement): A resolution to approve the purchase of a Marathon Galaxy Baler from Waste Recycle Equipment Sales, LLC. in the amount of $664,174.00, pursuant to a Sourcewell Cooperative Purchasing Contract. Resolution 52-24 as recorded in the office of the City Clerk J.A. Riggs Tractor, Co. (Purchase Agreement): A resolution to authorize the purchase of a Caterpillar Wheel Loader with waste package from J.A. Riggs Tractor Company D/B/A Riggs Cat in the amount of $325,370.68 plus any applicable surcharges, freight charges and delivery fees up to 10% of the original price, pursuant to a Sourcewell Cooperative Purchasing Contract. Resolution 53-24 as recorded in the office of the City Clerk AR Municipal Equipment, Inc. (Purchase Agreement): A resolution to authorize the purchase of three Peterbilt Refuse Trucks from Arkansas Municipal Equipment, Inc. in the total amount of $1,046,583.50, plus any applicable surcharges, freight charges, and delivery fees up to 10% of the original price, pursuant to a Sourcewell Cooperative Purchasing Contract. Resolution 54-24 as recorded in the office of the City Clerk 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 6, 2024 Page 5 of 23 Clark Equipment Company (Purchase Agreement): A resolution to authorize the purchase of three bobcats from Clark Equipment Company DB/A Bobcat Company through local dealer WT Equipment in the total amount of $118,822.24, plus any applicable surcharges, freight charges, and delivery fees up to 10% of the original price, pursuant to a Sourcewell Cooperative Purchasing Contract, and to approve a budget adjustment. Resolution 55-24 as recorded in the office of the City Clerk Lewis Ford Sales, Inc. (Purchase Agreement): A resolution to approve the purchase of five ford vehicles from Lewis Ford of Fayetteville in the total amount of $214,124.00 plus any additional surcharges, freight charges, or delivery fees up to 10% of the original purchase price, pursuant to Ordinance 6491. Resolution 56-24 as recorded in the office of the City Clerk Ford Re -Order (Repeal 69-23): A resolution to repeal Resolution No. 69-23; to authorize the purchase of two vehicles from Lewis Ford of Fayetteville in the total amount of $112,202.34; to authorize the purchase of two vehicles from Superior Automotive Group of Siloam Springs in the total amount of $83,771.00; to authorize a contingency for any applicable surcharges, freight charges and delivery fees up to 10% of the original purchase price; and to approve a budget adjustment. Resolution 57-24 as recorded in the office of the City Clerk Parts, Tear Down, Inspect and Repair Services (Purchase Agreement): A resolution to approve the purchase of parts and repair services from original equipment manufacturers or their authorized vendors or repair locations to tear down, inspect, repair and maintain warranty where applicable for vehicle and equipment repairs as needed through December 31, 2024, within the approved budget. Resolution 58-24 as recorded in the office of the City Clerk WT Equipment (Purchase Agreement): A resolution to authorize the purchase of a New Holland Tractor from WT Equipment in the amount of $101,910.24, plus any applicable surcharges, freight charges, and delivery fees up to 10% of the original price, pursuant to a Sourcewell Cooperative Purchasing Contract. Resolution 59-24 as recorded in the office of the City Clerk Hazmat Response Revenue (Budget Adjustment): A resolution to approve a budget adjustment in the amount of $2,299.00 recognizing Hazmat Response Revenue received from Washington County and increasing the related expense budget. Resolution 60-24 as recorded in the office of the City Clerk 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 6, 2024 Page 6 of 23 Motorola Solutions, Inc. (Dinsmore Decommission): A resolution to waive competitive bidding and accept a quote from Motorola Solutions, Inc. in the amount of $36,249.09 plus any applicable taxes to decommission Legacy Radio Equipment located at the Dinsmore Trail tower site. Resolution 61-24 as recorded in the office of the City Clerk 2024 Adopted Budget (Re -Appropriation Amendment): A resolution to amend the 2024 adopted budget by reappropriating $155,665,000.00 in bonded or ongoing capital projects, outstanding obligations and grant funded items. Resolution 62-24 as recorded in the office of the City Clerk Council Member Bunch moved to accept the Consent Agenda as read. Council Member Jones seconded the motion. Upon roll call the motion passed unanimously. Unfinished Business: Stearns Street Extension (Budget Adjustment): A resolution to approve a budget adjustment to create a project budget for an extension of Stearns Street between Vantage Drive and Old Missouri Road. At the January 18, 2024 City Council Meeting, this resolution was tabled to the February 6, 2024 City Council Meeting. Chris Brown, Public Works Director briefly spoke of the tour that had taken place on the property with several council members in attendance. He stated Jonathan Curth would summarize the questions that had been posed during the tour. Jonathan Curth, Development Services Director gave a brief description of the resolution and stated there were approximately over 30 acres of undeveloped property in close proximity to the proposed connection and two large developments in close proximity to the connection as well. He stated the City of Fayetteville's Master Street Plan envisioned a future connection further east, all the way to Crossover Road and that a right-of-way had been acquired that could contribute to the mentioned connection in the future. He stated the request was important because the portion of Fayetteville in question would continue to see housing growth. Chris Brown addressed concerns that had been expressed in regard to the possible increase of traffic to the Stearns Street and Vantage Drive intersection, the potential cost of the trail only option and in regard to the alignment of the street being shifted away from the existing homes. He presented an image that depicted what the proposed changes would look like. Council Member Berna recommended the item be tabled due to the presentation of new information regarding the changes Chris Brown had indicated. There was brief discussion between Council Member Turk and Jonathan Curth regarding the possible connection to Highway 265 Jonathan Curth had mentioned. Jonathan Curth gave a brief 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 6, 2024 Page 7 of 23 explanation for how the City of Fayetteville acquired right-of-way and stated that there had been two lot splits between Highway 265 and Old Missouri Road that had required right-of-way. Chris Brown gave a brief explanation for how portions of streets could be connected by way of the development process or by the city constructing the street itself. He stated there were nearby undeveloped properties that could potentially see some portions of the street be constructed by developers, however the underdeveloped areas could potentially be city projects. There was a brief discussion between Council Member Stafford and Chris Brown regarding the potential for trees to be placed on certain areas of the site to provide a buffer from traffic for some homes. Chris Brown stated that was correct and explained how the shed on the property would be moved to the other side of the street nearest to the development and then mitigation trees would be added. The City Council received 4 public comments regarding this resolution. Council Member Stafford requested clarification for how the cost was budgeted for the potential connection. Chris Brown explained how the cost for the project was estimated based on bids from other projects and that if the city waited to do the connection, the cost could potentially increase. He explained that as the design was developed the cost would be narrowed down better. There was brief discussion between Council Member Stafford and Chris Brown regarding the possibility of removing a portion of a citizen's yard. Chris Brown stated that as staff worked through the design process and continued to look at concepts and impacts to properties those types of issues would be sorted out. Council Member Turk questioned that if the connection were made and it was then decided the streets were too narrow, would the city be liable for expanding said streets. Chris Brown answered no and explained how many streets in the City of Fayetteville did not currently meet the city's Master Street Plan standards, but that did not mean the streets couldn't function adequately. He recalled that Stearns Street was already wider than what the connection was proposed to be. Council Member Turk questioned that if the city had not received the $20,000 in funding for the connection from the nearby developments, where in the priority list would the connection have been. Chris Brown stated that since the street had been built as part of the development and just needed the last connector piece, it bumped the connection up in the city's list of priorities but would not have had urgency if it were not due to the funding available. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 6, 2024 Page 8 of 23 Council Member Bunch spoke of concerns she had heard regarding unsafe connections on the intersection of Stearns Street and Joyce Boulevard. She questioned if there were any plans to address the safety concerns there in the future. Chris Brown stated Joyce Boulevard was a project that was in the city's Safe Streets for All Grant and that the safety concerns would be addressed as soon as the project agreement was signed, and a consultant was hired to review solutions. Council Member Berna explained his reasoning for wanting to table the item due to the residents in the area seeing new information at the meeting and believed it would be fair to them to give additional time for everyone to review. Council Member Turk agreed with Council Member Bema regarding the residents needing additional time to review the new information that had been presented. She appreciated city staff for relooking at the proposal and trying to design something that was responsive to the concerns expressed during the tour. Council Member Moore acknowledged everyone's comments and the concerns expressed regarding the safety of the intersection on Joyce Boulevard. She believed that city staff, Administration and the City Council were focused on ensuring they were making everything as safe as possible. She requested the item move forward instead of being tabled and believed the community members near the property would continue to be vocal and ensure their needs were expressed as the project continued. Council Member Stafford questioned when the deadline was for the City of Fayetteville to utilize the funds that were received from the developments for approximately $20,000. Chris Brown stated the city had five years, plus an extension. He stated the funds were first received in 2019 and the city was therefore getting close to the five year deadline. There was a brief discussion between Council Member Stafford and Chris Brown regarding when the project needed to be initiated. Chris Brown stated he had no concerns regarding the deadline and explained how it would take approximately four to six months to finalize the design and receive bids to get the project under construction. Council Member Jones thanked Chris Brown for his presentation and would be in support of tabling the item for two weeks to give residents time to review and ask questions. Council Member Bunch was in support of tabling the item as well and believed it would be fair to the citizens to allow them time to review the project. Council Member Berna moved to table the resolution to the February 20, 2024 City Council Meeting. Council Member Jones seconded the motion. Upon roll call the motion passed 6-2. Council Member Bunch, Turk, Hertzberg, Jones, Wiederkehr and Berna voted yes. Council Member Stafford and Moore voted no. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 6, 2024 Page 9 of 23 This resolution was tabled to the February 20, 2024 City Council meeting. New Business: 2633 N. Gregg Avenue (Purchase Agreement): A resolution to approve the purchase of property located at 2633 N. Gregg Avenue owned by Quality Life Associates, Inc. in the amount of $525,000.00 plus $10,000.00 for closing costs, and to approve a budget adjustment - 2019 Street Improvement Bond Project. Chris Brown, Public Works Director gave a brief description of the resolution. He stated the appraised value for the property was priced at approximately $540,000, but the property owner agreed to sell the property for $525,000. He explained how the property in question was on the edge of a floodway, possibly even slightly in the floodway, so the removal of the structure on the property would be beneficial to the floodplain in the area. Council Member Stafford questioned if the building on the property could be used for any additional purpose other than being removed. Chris Brown stated city staff had reviewed alternative options and was looking at the potential of an individual moving the building off the property to utilize. He stated there would be no vehicular access to the building if it stayed on the property and stated the city was going to pursue every avenue before deciding to raze the structure. Council Member Turk questioned if the property to the south of the proposal would be something the city might need to purchase in the future. Chris Brown stated that was correct and explained his discussions with that property owner. He stated the appraised value for that property was approximately between $250,000 - $275,000. There was a brief discussion between Council Member Turk and Chris Brown of potentially utilizing the site as a preservation area in the future. Council Member Moore moved to approve the resolution. Council Member Berna seconded the motion. Upon roll call the resolution passed unanimously. Resolution 63-24 as recorded in the office of the City Clerk Woolsey Homestead (Asset Transfer): A resolution to approve the transfer of the Woolsey Farmstead Property from the Utilities Department to the Parks, Natural Resources, and Cultural Affairs Department, and to approve a budget adjustment. Paul Becker, Chief Financial Officer gave a brief description of the resolution. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 6, 2024 Page 10 of 23 Council Member Moore appreciated Paul Becker for the details regarding the proposal and of the effort of the Parks and Recreation Department. She hoped there could a be a tour of the property and some revisioning done regarding the details and plans for the area. She would be in support of the resolution. Council Member Turk questioned if the transfer of the property from Water and Sewer to General Assets restricted the use or vision of the property. Paul Becker stated that once the property was to General Assets, it could still be purposed in whatever way the City Council and Administration wished to utilize it. Council Member Berna moved to approve the resolution. Council Member Turk seconded the motion. Upon roll call the resolution passed unanimously. Resolution 64-24 as recorded in the office of the City Clerk Spout Springs Historic District (Petition Signature): A resolution to authorize Mayor Jordan to sign the proposed Spout Spring Historic District Petition agreeing that the city owned property of the Yvonne Richardson Community Center shall be included within the Spout Spring Historic District. Council Member Jones encouraged everyone to reach out to Emma Willis regarding any questions or concerns they had. He recognized Black History Month and the Fayetteville African American natives who were in attendance at the City Council Meeting. He believed the project had brought the community together and stated he had received no pushback in opposition to the request. He acknowledged how the City of Fayetteville had been the only city in the State of Arkansas to declare racism a public health crisis. He stated the proposal had a personal impact on him and that tonight would be an opportunity to fix this issue in the City of Fayetteville and how it could impact the community. Emma Willis stated she had been retained by Northwest Arkansas Black Heritage in August of last year in an effort to create a historic district in Spout Springs of Fayetteville, Arkansas, which consisted of a little over 698 lots. She was commissioned with the task of gathering a majority of signatures from landowners in that area as well as putting together a petition that consisted of all the legal language needed for the process. She briefly spoke of how there were many developers in the area in question that owned multiple properties, including the City of Fayetteville, Washington County and the Fayetteville School District. She was working towards creating a precedent for how historic districts would be incorporated in the City of Fayetteville in the future. She requested 42 properties to be signed for from the city and noted that the resolution had reduced the number down to only eight properties around the Yvonne Richardson Center. She requested the resolution be amended to reflect that the Northwest Arkansas Black Hertiage be placed as the party bringing the issue to the City Council and requested that the city give clarification for why the 42 properties had been reduced down to only eight properties and would like for that to be amended as well. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 6, 2024 Page 11 of 23 City Attorney Kit Williams stated he could not agree to the amendment Emma Willis had mentioned due to legal reasons. He briefly explained how when a historic district was looking at property owners, he believed that to mean someone who owned a property they could live on or have a business on and that the easements in the area were not buildable and he did not believe those to be counted as property owners. He believed the safest thing to do would be to consider a property owner as having a developable lot or a house already built on said property. He believed the only property the City of Fayetteville owned in the Spout Springs area, aside from easements, was the Yvonne Richardson Center. Emma Willis questioned that if City Attorney Kit Williams' opinion held, would she be allowed to reduce the number of signatures she was required to gather. City Attorney Kit Williams believed that to be correct and explained that the parcels that did not have anyone living on them and were not developable shouldn't have to be counted. Emma Willis questioned how that could be approved prior to collecting signatures and suggested the possibility of getting a response from the Attorney General's Office on how the properties were viewed before creating a packet to send to the State of Arkansas for approval. City Attorney Kit Williams would be in favor of having an Attorney General opinion on the question at hand and believed it would be helpful. There was brief discussion between Emma Willis and City Attorney Kit Williams regarding reaching out to the Attorney General's Office. Emma Willis stated she would get additional clarification as to how the state viewed the properties in question and if they were considered undevelopable, then would the state reduce the number of signatures required. She stated she would continue doing work to collect the signatures and requested the item be tabled until a response was received from the Attorney Generals Office. Council Member Turk questioned if Emma Willis had spoken with the State Historic Preservation Officer located in Little Rock, Arkansas. Emma Willis stated there would be an event hosted at Crystal Bridges on February the 15th for citizens to listen to the entire project from the State of Arkansas's perspective. Council Member Turk commented on how there were many historic districts in the State of Arkansas and the City of Fayetteville and so she believed the concerns posed earlier might have already been addressed. Emma Willis clarified that there were technically no historic districts in the City of Fayetteville. Council Member Turk stated there was a historic district located at the White Hangar in the City of Fayetteville and that there were many across the State of Arkansas. She believed it had already been decided whether rights -of -way could be included as parcels and did not believe an opinion from the Attorney General's Office was needed. She believed better clarification and guidance from the State Historic Preservation Officer would help. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 6, 2024 Page 12 of 23 Emma Willis appreciated Council Member Turks suggestion. Council Member Stafford thanked Emma Willis for her work. Council Member Jones thanked Emma Willis for her work and questioned what timeline she was working with, and if reaching out to the State of Arkansas for clarification would affect that. Emma Willis explained how her work was done and that she hoped to have a packet for the City of Fayetteville to review and send to the State of Arkansas completed by the end of March. She stated she had already spoken with a majority of the property owners in the area. Council Member Jones expressed concerns regarding the signatures possibly not being validated and potentially causing a delay in the project. Emma Willis stated she had a list of property owners that had been provided from Washington County and spoke of how she had been meticulous in the process of signature collection and verifying said property owners by meeting them in person. There was a brief discussion between Council Member Jones and Emma Willis regarding the feedback she had received from the residents of the City of Fayetteville. Emma Willis stated she had been met with excitement at the opportunity and had not received any complaints. She spoke of how important it was for everyone to feel educated and comfortable with the process and stated there would be community clinics set up over the course of the next few weeks to provide clarity to property owners and assist them with estate planning and other things that went along with the creation of the historic district. She spoke of how she was highly communicative and was available for questions. She wanted to set a precedent going forward so that if another historic district was created later on in the future, there was clarification available on the process already. Council Member Berna applauded Emma Willis for her transparency and work on the resolution. He was supportive in the direction she was going with the project. He questioned if the historic district that was being proposed would be governed by rules and regulations associated with the State of Arkansas requirements. Emma Willis stated that was correct. Council Member Berna requested clarification regarding what the State of Arkansas guidelines were that the City of Fayetteville would be required to follow. Emma Willis stated she did not have the answer to that question currently and would not have that answer until the signature process was completed and the Historic Preservation Commission of the State of Arkansas had reviewed the request. She stated the request would then come back to the City Council of the City of Fayetteville, Arkansas for a vote. She clarified that anyone existing in the area in question would not be penalized or harmed by the process, it would only reflect on future buildings and future things that were allowed into the community. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 6, 2024 Page 13 of 23 City Attorney Kit Williams briefly spoke of the issues he hoped the Attorney General's Office could clarify regarding parcels and property owners. He stated that the current districts in the City of Fayetteville were Federal Districts, which had no enforcement powers, and would not have the same requirements as the proposed district being discussed tonight. Council Member Turk felt confident that a phone call with the State Historic Preservation Office would clear up a lot of the questions and concerns that had been expressed tonight. Mayor Jordan requested Britin Bostick come forward and give additional information. Britin Bostick, Long Range Planning/Special Projects Manager introduced herself and her colleague, Sherry Grifith, as the point of contact between the City of Fayetteville and the State Preservation Office, as well as the point of contact for federally funded or federally regulated projects that evaluated impacts to federally identified historic sites. She stated the City of Fayetteville had eleven national registered districts and 70 individually listed areas on the National Register of Historic Places and gave a brief explanation of what historic districts were and how they were reviewed. There was a brief discussion between Council Member Moore and Britin Bostick regarding the range of possible uses for the proposed historic district. Britin Bostick gave a brief explanation of the different historic districts located in the State of Arkansas and expressed how they all had design guidelines adopted that focused on specific details regarding things such as the buildings themselves and site design features. Council Member Moore questioned at what point the signature process had been done with each city in Arkansas and if it had been done in different ways. Britin Bostick stated she had not been able to find that information quickly and that the state grant application the City Council had approved previously for seeking additional assistance with research work could give the city a strong foundation for looking into establishing a historic district. Council Member Stafford thanked everyone for their work on the project. He briefly spoke of how the project would be a long process and that it was too important to fail due to unanswered concerns. He wanted to encourage everyone to reach out if they had questions and stated he was in support of the resolution. He requested that if the city received clarification that a property owner could only sign once of the signature petition that the overall required number would be reduced. City Attorney Kit Williams, "It's a majority of the property owners so that when you have a smaller number that are eligible, obviously you have a smaller number that you have to get." The City Council received 4 public comments regarding this resolution. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 6, 2024 Page 14 of 23 Council Member Jones moved to amend whereas clause to Emma Willis representative of the Northwest Arkansas Black Heritage. Council Member Stafford seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams stated Britin Bostick could contact the State Historic Preservation Office for their opinion on if there were specifically addressed rules on counting property owners and if not, staff could then contact the Attorney General's Office to get better clarification. Emma Willis was agreeable to that process and stated she would continue the effort of gathering signatures from individual property owners and would wait before getting signatures from property owners who owned more than two properties. Council Member Jones questioned if a timeline needed to be developed for the response the city expected to receive back. Emma Willis expected a response to be received soon and that the item be tabled to the next City Council Meeting. Council Member Berna questioned if Britin Bostick believed that timeline to be realistic. Britin Bostick, "Yes, sir." Council Member Stafford moved to table the resolution to the next City Council Meeting of February 20, 2024. Council Member Jones seconded the motion. There was brief discussion between Council Member Moore and City Attorney Kit Williams regarding if there would be harm in the City Council approving the resolution now and possibly doing a revision in the future. City Attorney Kit Williams clarified that he wanted to ensure that what the City Council did was legal, and therefore believed they should wait to receive written guidelines back from the State of Arkansas regarding the historic district before moving forward. Council Member Stafford moved to table the resolution to the February 20, 2024 City Council Meeting. Council Member Jones seconded the motion. Upon roll call the motion passed unanimously. This resolution was tabled to the February 20, 2024 City Council meeting. Urban Forestry Management Plan (Approval): A resolution to approve and adopt the Urban Forestry Management Plan. John Scott, Urban Forester requested the resolution be tabled to the August 6, 2024 City Council Meeting for further review and adjustments. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 6, 2024 Page 15 of 23 Council Member Stafford moved to table the resolution to the August 6, 2024 City Council Meeting. Council Member Berna seconded the motion. Upon roll call the motion passed unanimously. This resolution was tabled to the August 6, 2024 City Council meeting. Outdoor Refreshment Area (Amendments): An ordinance to amend § 111.07 Outdoor Refreshment Area, to amend the Evelyn Hills Outdoor Refreshment Area Provisions, and to create Provisions for Suspending or Revoking a Business's Ability to Participate in an Outdoor Refreshment Area. City Attorney Kit Williams read the ordinance. Devin Howland, Director of Economic Vitality gave a brief description of the ordinance and stated the Downtown Fayetteville Coalition was in support of the amendments. Council Member Berna moved to suspend the rules and go to the second reading. Council Member Moore seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Berna moved to suspend the rules and go to the third and final reading. Council Member Bunch seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6716 as Recorded in the office of the City Clerk 2141 North Green Acres Road (Raze and Removal): A resolution to order the razing and removal of a dilapidated and unsafe structure on property owned by Mullins Property Management LLC; C/O John Mullins located at 2141 North Green Acres Road in the City of Fayetteville, Arkansas; and to approve a budget adjustment in the amount of $10,644.00. Billy Bryant, Senior Code Compliance Officer gave a brief description of the City of Fayetteville's razing and removal process and of the history regarding the property. He stated the item had been brought to the City Council in the past, where it had been tabled three times to afford the property owner time to make repairs. He stated the last time the item had been presented to the City Council staff had recommended it be tabled indefinitely due to the sale of the property to another individual. He stated the new property owner had not removed the dilapidated structure and therefore staff recommended approval of a raze and removal order for the property. He stated 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 6, 2024 Page 16 of 23 the Building Official had determined further extensions for the property to be inappropriate and that allowing the structure to stand posed a danger. John Mullins, Property Owner stated he had never said that he would not tear the structure down and spoke of how he had tried to tear down the building and rezone the property, but the City of Fayetteville had not allowed him to do so. Council Member Moore questioned if the property owner had made inquiries or applications to city staff for redevelopment of the area. Jonathan Curth, Development Services Director stated staff had not received any applications to rezone the property, but believed the property owner might have reached out to staff via inquiries on the feasibility of redevelopment. Council Member Hertzberg asked what the current zoning and total acreage was for the property. Jonathan Curth stated the property was split zoned; the front portion was zoned Residential Single Family 4 units per acre, and the back portion was zoned Residential Office. He stated the property in whole was just shy of one acre. Council Member Bunch questioned how long the property had been on the floodplain and if that had changed when the property switched ownership. Jonathan Curth stated the property had already been encumbered with floodplain at the time it had switched ownership. Council Member Bunch believed the floodplain issue regarding the property had been made clear at the time of purchase. Council Member Wiederkehr commented that the existing structure would have needed to be demolished before the owner could proceed with building something else, so he did not understand the comments regarding the city not allowing the property owner to redevelop. Council Member Turk moved to approve the resolution. Council Member Stafford seconded the motion. Upon roll call the resolution passed unanimously. Resolution 65-24 as recorded in the office of the City Clerk Rezoning-2023-0030: (West of 2558 W. Valley Dr./Redbridge Development LTD., 402): An ordinance to rezone the property described in Rezoning Petition RZN 2023-0030 for approximately 0.60 acres located west of 2558 West Valley Drive in Ward 2 from RSF-4, Residential Single -Family, four units per acre to RSF-8, Residential Single -Family, eight units per acre. City Attorney Kit Williams read the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 6, 2024 Page 17 of 23 Jonathan Curth, Development Services Director gave a brief description of the ordinance. He briefly explained city staff s mixed findings when the request was reviewed from a land use compatibility standpoint and from a long range planning standpoint. He stated the property was outside of the floodplain, but access to the property was within the floodplain. He stated tree canopy requirements would stay at 20% and briefly spoke of the public comment that had been received in concern and opposition to the request with the focus in regard to flooding. He stated staff recommended denial of the request and found that the existing zoning designation was the most appropriate option given the flooding in the area. He stated the Planning Commission forwarded the request to the City Council by a vote of 7-1, with comments that they felt the change was incremental and of the ability for a developer to develop the property more flexibly. He stated the vote in opposition aligned with staffs concerns regarding flooding and that allowing a higher density in the area would not align with the city's Long Range Planning goals. He stated Phil Swope was present as the applicant for the item. Phil Swope, Applicant stated there were many floodplain ordinances and requirements to ensure safety and flooding was maintained in a proper way. He requested the City Council's support. The City Council received 2 public comments regarding this ordinance. Council Member Turk was familiar with the area and the flooding issues. She believed the request would add more impervious surface and believed the property should be restricted to the current zoning type. There was a brief discussion between Council Member Stafford and Jonathan Curth regarding the amount of acreage on the property and what was allowable to be built on the site. There was brief discussion between Council Member Stafford, Jonathan Curth and Alan Pugh, Staff Engineer, regarding the area where the West End Apartments had been and if the foundation pads still existed there and how much impermeable surface that covered. Jonathan Curth answered that the foundation consisted of a mix of concrete pad and gravel and looked to cover approximately 50,000 square feet. Alan Pugh stated the intent was to remove the foundation pads and return the area to a natural space. Council Member Berna moved to suspend the rules and go to the second reading. Council Member Turk seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Berna moved to suspend the rules and go to the third and final reading. Council Member Turk seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance failed unanimously. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 6, 2024 Page 18 of 23 This ordinance failed. Rezoning-2023-0034: (West of S. Razorback Rd./Looney, 599): An ordinance to rezone the property described in Rezoning Petition RZN 2023-034 for approximately 3.06 acres located west of South Razorback Road near the Town Branch Trail in Ward 1 from NS-L, Neighborhood Services — limited to R-A, Residential -Agricultural and UT, Urban Thoroughfare. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated staff found the request to be compatible from a land use and from a long range planning standpoint. He briefly spoke of the tree canopy requirements on the property and how the city's Urban Foresters had the ability to use a weighted tree preservation calculation to determine how it would apply across the site. He noted that the property was within floodplain and within proximity to be subject to the city's streamside protection standards. He stated staff had received one public comment in favor of the proposal and stated that under the new FEMA adopted maps, the amount of floodplain would be increased on the property. He stated staff recommended in favor of the request and it had been brought before the Planning Commission who unanimously voted in favor, forwarding it to the City Council. He stated Brian Teague was present as representative for the item. Brian Teague, Owner of Community by Design expressed his appreciation for the recommendations of approval from city staff and the Planning Commission. He represented the property owners and had been assisting them with the development of a master plan for the property that included the possible preservation of a natural area on the north side of the site as well as the development of family dwellings. He briefly explained the reasoning for why they were requesting the property be rezoned and of how they believed the request aligned with the city plan. He stated the neighbors were in support of the request and he asked that the City Council support it as well. There was brief discussion between Council Member Stafford and Jonathan Curth regarding an image that had been depicted in the slideshow presentation. Jonathan Curth clarified that the image in question was part of an illustrative plan for the neighborhood. There was a brief discussion between Council Member Turk and Jonathan Curth regarding the building height allowance under Urban Thoroughfare and Community Services. Council Member Turk briefly spoke of how she had concerns regarding the building heights in the area and concerns regarding the floodplain. There was a brief discussion between City Attorney Kit Williams and Council Member Stafford regarding how the City Council could not ask questions regarding details of the potential project. Council Member Berna moved to suspend the rules and go to the second reading. Council Member Stafford seconded the motion. Upon roll call the motion passed unanimously. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 6, 2024 Page 19 of 23 City Attorney Kit Williams read the ordinance. Council Member Berna moved to suspend the rules and go to the third and final reading. Council Member Moore seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Stafford thanked the applicant for the consideration they had given to keeping the trees along the trail and the mixed use on Razorback Road. Council Member Moore thanked the applicant for explaining their process and appreciated the thoughtfulness that had went into the project. She would be in support of the proposal. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-1. Council Member Bunch, Hertzberg, Stafford, Jones, Moore, Wiederkehr and Berna voted yes. Council Member Turk voted no. Ordinance 6717 as Recorded in the office of the City Clerk Appeal: Conditional Use Permit-2023-0171: (1006 E. Sparrow Cir/Van Winkle, 603): A resolution to grant the appeal of Council Members Scott Berna, Sarah Bunch, and D'Andre Jones and refer Conditional Use Permit CUP 2023-171 back to the Planning Commission to consider the application for a Short Term Rental at 1006 East Sparrow Circle in Ward 1. Jonathan Curth, Development Services Director gave a brief description of Type One and Type Two Short -Term Rentals. He stated the City of Fayetteville currently had 96 Type One Short -Term Rentals and 447 Type Two Short -Term Rentals, he stated there were 27 Short -Term Rentals in review and 22 on a waitlist. He noted an Ordinance Review Committee Meeting was scheduled for February 21st at 5:30 PM with this item on the agenda. He gave a brief description of the ordinance. He stated that in September of last year, Planning had received a request to utilize the property as a Type Two Short -Term Rental which was denied by the Planning Commission by a vote of 1-7, with concern due to density of Type Two Short -Term Rentals in the area. He stated that a month later, Planning received a complaint that the property was operating as a short-term rental and after validating the complaint, a violation letter was issued and escalated in early December when the listing was found to still be open. Planning also received another application around that time to utilize the property as a Type Two Short -Term Rental. He stated planning staff recommended the proposal not be approved with concerns regarding parking, density and concentration of short-term rentals in the area and did not find there to be any notable changes in those issues. "This was a somewhat unusual request when it came through in September as in that this property owner submitted three short-term rental applications that came through all at that one meeting and I think it's important to note this because planning staff was conflicted in their recommendation and because we felt that it was appropriate perhaps to have one of these added to this area but adding all three would push the concentration just in this area of the city above four percent, which at the time we used to have a two percent cap which would have put them at double of what our cap was. The planning commission appeared to have observed that and of those three 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 6, 2024 Page 20 of 23 applications, they approved one and the other two were denied, which represent items C.9 and C.10 on your agenda tonight. Ultimately, staff did not find that the request to be substantially changed enough to merit reconsideration and recommended denial of the request. The planning commission felt similarly and denied it by a vote of 2-6." Casey Copeland, Attorney with Aundrea Stone Hanna, P.L.L.C. briefly cited the City of Fayetteville Code and requested that the City Council send the proposal back to the Planning Commission for reconsideration. City Attorney Kit Williams spoke briefly of the City of Fayetteville Code regarding appeals and of how the circumstances that justify reconsideration by the Planning Commission for appeals must be relevant to why the item was turned down in the first place to some extent. He stated the City Council was sitting as the Planning Commission at the current meeting and it was up to them to decide whether or not the changes that were proposed by the applicant was sufficient to justify reconsideration by the Planning Commission. Jonathan Curth stated the staff report clearly outlined that staff did not find any evidence of change to convince staff to recommend the item be reconsidered. Council Member Berna stated Mr. Van Winkle had contacted him multiple times and conveyed those substantial changes had been made to his request. He felt as though that comment was not entirely accurate because staff had not found any substantial changes to the request in their report. Greg Van Winkle, Property Owner stated he had made the following changes to his request; modification of the Airbnb posting to lower the number of occupants that could stay on the property as well as a mandate of no more than four vehicles on the property, the addition of a property manager to monitor the parking on site as well as the addition of cameras. Council Member Berna expressed disappointment due to the fact that Mr. Van Winkle tried to include the conditional use permit into the request to be heard tonight, instead of just discussing whether the item had a substantial change to warrant it being sent back to the Planning Commission for consideration. Greg Van Winkle stated he had been following the leadership of his attorney in that regard. Council Member Bunch stated one of the biggest issues regarding the item was in regard to density, which had no substantial change. She agreed with Council Member Berna and had not noticed any significant changes to the proposal. Council Member Jones noted that Mr. Van Winkle stated he had not been able to express the changes to the Planning Commission and questioned why that had happened. Greg Van Winkle felt as though the biggest issue brought up during the Planning Commission meeting had been in regard to parking and didn't understand why his changes of reducing it down to four applicants, four parking places, the addition of a property owner and cameras weren't 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 6, 2024 Page 21 of 23 enough to modify that concern. He stated he had asked for advice but received nothing more than just being told his changes weren't enough. Council Member Jones stated he did not see any significant changes to the request and encouraged Mr. Van Winkle to always ask questions to get additional assistance and clarification. Council Member Stafford stated density was a huge problem for him regarding short-term rentals and spoke of how Mr. Van Winkle had continued operating the property as a Type Two Short - Term Rental when he was not supposed to. Greg Van Winkle stated he had snoozed the property on Airbnb while going through the process with the city. He did not realize the property had become unsnoozed until his property manager had received a letter stating so. There was a brief discussion between Council Member Stafford, Greg Van Winkle and Jonathan Curth regarding if anyone had rented the property when it should not have been operating as a Short -Term Rental. Greg Van Winkle stated that the property had not been rented during that time and the only people utilizing the property had been his family members. Jonathan Curth stated staff had a screenshot of the property being advertised and available to rent from December 12- 14th. Jonathan Curth clarified that the City of Fayetteville's Short -Term Rental Ordinance stated it was illegal to advertise properties if the property owner did not have a permit or a license to operate as a Short -Term Rental. Council Member Stafford questioned if it was appropriate for the City Council to question the judgment of the Planning Commission and staff, and request that the item be considered again. City Attorney Kit Williams explained that the City Council was currently sitting at the Planning Commission as if they were hearing the item for the first time and make whatever decision they felt was appropriate under the circumstances. Council Member Stafford would like to stick with the Planning Commission's recommendation. Council Member Hertzberg questioned why the applicant had not appealed Planning Commissions initial denial of the Conditional Use Permit. Casey Copeland explained how Mr. Van Winkle had hired an attorney to start the appeal, however the attorney had not done so properly and therefore the appeal had not went through at that time. Council Member Moore moved to approve the resolution. Council Member Turk seconded the motion. There was a brief discussion between Council Member Jones and Jonathan Curth regarding if the applicant could make any additional changes to bring the request back for consideration. Jonathan Curth explained that to make the same application again, it would require the applicant wait a year but if the applicant felt as though they had made changes to their request, the Planning Commission would then need to evaluate if the application had changed as stated. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 6, 2024 Page 22 of 23 City Attorney Kit Williams stated that if the City Council felt as though the applicant had provided sufficient evidence of changed circumstances or new circumstances to justify consideration of the appeal, a yes vote would grant the appeal and send it back to the Planning Commission for a new hearing. He stated if the City Council was not in favor and felt there were not enough changed circumstances, they would vote no. Council Member Moore moved to approve the resolution. Council Member Turk seconded the motion. Upon roll call the resolution failed 1-7. Council Member Jones voted yes. Council Member Bunch, Turk, Hertzberg, Stafford, Moore, Wiederkehr and Berna voted no. This resolution failed. Appeal: Conditional Use Permit-2023-0170: (854 E. Sparrow CirNan Winkle, 603): A resolution to grant the appeal of Council Members Scott Berna, Sarah Bunch, and D'Andre Jones and refer Conditional Use Permit CUP 2023-170 back to the Planning Commission to consider the application for a Short Term Rental at 854 East Sparrow Circle in Ward 1. Jonathan Curth, Development Services Director gave a description of the resolution and stated the property had encountered the same issues as the previous item the City Council had heard. Casey Copeland, Attorney with Aundrea Stone Hanna, P.L.L.C. stated the remarks he had made for the last item were the same for this item as well. There was brief discussion between Council Member Jones, Greg Van Winkle, Casey Copeland and City Attorney Kit Williams regarding Mr. Van Winkles' comments on the last item in regard to having a previous attorney who did not process the initial appeal accurately. There was brief discussion between Council Member Stafford, Greg Van Winkle and Council Member Hertzberg regarding the snooze rules for Airbnb listings being able to be set for an allotted amount of time. Greg Van Winkle stated he had set as snooze limit on his listing and had thought the process of obtaining the ability to operate his property as a short-term rental would have been done by the time the snooze limit had ended. Council Member Hertzberg clarified that listings for short-term rentals needed to be removed from Airbnb completely, not just snoozed. Council Member Moore moved to approve the resolution. Council Member Turk seconded the motion. Upon roll call the resolution failed 2-6. Council Member Bunch and Jones voted yes. Council Member Turk, Hertzberg, Stafford, Moore, Wiederkehr and Berna voted no. This resolution failed. Announcements: 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 6, 2024 Page 23 of 23 Susan Norton, Chief of Staff stated there would be a blood drive on February 7, 2024 from 9am to 3pm on Fayetteville Square. She also announced that the Mayor's Environmental Stewardship Award nominations were being accepted and that the City of Fayetteville's Environmental Action Committee were taking the nominations until March 1st Kara Paxton, City Clerk Treasurer announced that individuals could apply for a Board, Committee or Commission with a deadline of Friday, February 23rd. She stated the vacancies were listed on the City of Fayetteville's website. City Council Agenda Session Presentations: Sales Tax Report - Chief Financial Officer and Energy Report - Environmental Director City Council Tour: None Adiournment: 10:02 p.m. Lioneld Jordan, Mayor Kara Paxton, City Clerk Treasurer 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Received By: Jonathan Curth 02/15/2024 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 City Council Tentative Agenda Tuesday, February 13, 2024 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 560 City Council Meeting Tentative Agenda February 13, 2024 ZOOM INFORMATION: 1. WEBINAR ID: 816 2384 3372 PUBLIC REGISTRATION LINK: HTTPS://US06WEB.ZOOM.US/WEBINAR /REGISTER/WN 6FY48TTBSXQ067CMCSS6FW CALL TO ORDER 1. FAYETTEVILLE YOUTH ADVISORY COUNCIL - OATHS OF OFFICE (JUDGE TERRA STEPHENSON) ALYOSHA WOOD, COUNCIL MEMBER BLYTHE HEIMER, COUNCIL MEMBER BRENDAN KLAUS, COUNCIL MEMBER ELIZABETH ROBINSON, COUNCIL MEMBER ELLYETTE CEOLA, COUNCIL MEMBER GRAYSON BROWN, COUNCIL MEMBER KATHERINE HINTON, COUNCIL MEMBER MIA ALANSARI, COUNCIL MEMBER ROLL CALL PLEDGE OF ALLEGIANCE MAYOR'S ANNOUNCEMENTS, PROCLAMATIONS AND RECOGNITIONS 1. KALVIN LARSON RECOGNITION - MAYOR JORDAN CITY COUNCIL MEETING PRESENTATIONS, REPORTS AND DISCUSSION ITEMS A. CONSENT A.1. APPROVAL OF THE FEBRUARY 6, 2024 CITY COUNCIL MEETING MINUTES A.2. OZARK NATURAL SCIENCE CENTER (LEASE AGREEMENT): A RESOLUTION TO APPROVE ONE-YEAR, NO COST LEASE AND OPERATIONS AGREEMENTS WITH THE OZARK NATURAL SCIENCE CENTER TO OPERATE IN THE LAKE FAYETTEVILLE ENVIRONMENTAL STUDY CENTER (2024-1713) A.3. 2024 FEDERAL AID TRANSPORTATION (GRANT APPLICATIONS): A RESOLUTION TO EXPRESS THE WILLINGNESS OF THE CITY OF FAYETTEVILLE TO UTILIZE FEDERAL -AID FUNDS FOR THE FOLLOWING PROJECTS: RUPPLE ROAD LIGHTING, DRAKE STREET TRAIL City of Fayetteville, Arkansas page 2 Page 2 of 560 City Council Meeting Tentative Agenda February 13, 2024 CONNECTION, MILLSAP RD. & COLLEGE AVENUE INTERSECTION, STEPHEN CARR MEMORIAL DRIVE/1-49 INTERCHANGE, AND MLK WALKABILITY IMPROVEMENTS (2024-1714) A.4. ARDOT (AGREEMENT OF UNDERSTANDING): A RESOLUTION TO APPROVE AN AGREEMENT OF UNDERSTANDING WITH ARDOT TO FORMALIZE THE CITY'S PARTNERSHIP ON THE 1-49 AND HIGHWAY 62 INTERCHANGE IMPROVEMENTS PROJECT (2024-1722) A.S. ASPHALT OVERLAY / SIDEWALKS PROJECTS (PLAN APPROVAL): A RESOLUTION TO APPROVE THE TRANSPORTATION DIVISION OVERLAY AND SIDEWALK PROJECTS LIST FOR 2024 AND 2025 (2024-1716) A.6. JBZ, INC. (SERVICE CONTRACT): A RESOLUTION TO AWARD BID #23-47 AND AUTHORIZE A CONTRACT WITH JBZ, INC. D/B/A ELLINGSON CONTRACTING IN THE AMOUNT OF $733,746.00 FOR THE STABILIZATION OF THE PORTER WAREHOUSE, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $35,000.00 (2024-1710) A.7. REVIVAL ARCHITECTURE, INC. (AMENDMENT): A RESOLUTION TO APPROVE AN AMENDMENT TO THE CONTRACT WITH REVIVAL ARCHITECTURE, INC. IN THE AMOUNT OF $27,000.00 FOR CONSTRUCTION ADMINISTRATION SERVICES FOR THE PORTER WAREHOUSE STABILIZATION PROJECT (2024-1690) A.B. ENGINEERING ELEMENTS, PLLC. (SERVICE CONTRACT): A RESOLUTION TO APPROVE A PROFESSIONAL SERVICES CONTRACT IN THE AMOUNT OF $108,000.00 WITH ENGINEERING ELEMENTS, PLLC, PURSUANT TO RFQ #23-01, SELECTION 11, FOR CITY HALL HVAC UPGRADES, TO APPROVE A PROJECT CONTINGENCY OF $6,307.00, AND TO APPROVE A BUDGET ADJUSTMENT (2024-1712) A.9. BID 23-49 JACK TYLER ENGINEERING, INC. (PUMP REPLACEMENT): A RESOLUTION TO AWARD BID #23-49 AND AUTHORIZE THE PURCHASE OF A SUBMERSIBLE PUMP FROM JACK TYLER ENGINEERING, INC. IN THE AMOUNT OF $103,352.77 PLUS ANY APPLICABLE TAXES AND FREIGHT CHARGES FOR USE AT THE GREGG AVENUE SEWER LIFT STATION (2024-1718) A.10. BID 23-50 JACK TYLER ENGINEERING, INC. (PUMP REPLACEMENT): A RESOLUTION TO AWARD BID #23-50 AND AUTHORIZE THE PURCHASE OF A SUBMERSIBLE PUMP FROM JACK TYLER ENGINEERING, INC. IN THE City of Fayetteville, Arkansas page 3 Page 3 of 560 City Council Meeting Tentative Agenda February 13, 2024 AMOUNT OF $70,807.87 PLUS ANY APPLICABLE TAXES AND FREIGHT CHARGES FOR USE IN THE EFFLUENT POND AT THE NOLAND WATER RESOURCE RECOVERY FACILITY (2024-1719) A.11. BID 23-51 JACK TYLER ENGINEERING, INC. (PUMP REPLACEMENT): A RESOLUTION TO AWARD BID #23-51 AND AUTHORIZE THE PURCHASE OF A SUBMERSIBLE PUMP FROM JACK TYLER ENGINEERING, INC. IN THE AMOUNT OF $61,644.18 PLUS ANY APPLICABLE TAXES AND FREIGHT CHARGES FOR USE IN THE AERATION BASIN AT THE NOLAND WATER RESOURCE RECOVERY FACILITY (2024-1720) A.12. THERMO SCIENTIFIC PORTABLE ANALYTICAL INSTRUMENTS, INC. (PURCHASE AGREEMENT): A RESOLUTION TO APPROVE THE GRANT FUNDED PURCHASE OF A TRUENARC HANDHELD NARCOTICS ANALYZER IN THE AMOUNT OF $36,779.57 PLUS ANY APPLICABLE TAXES FROM THERMO SCIENTIFIC PORTABLE ANALYTICAL INSTRUMENTS, INC. (2024-1686) B. UNFINISHED BUSINESS B.1. STEARNS STREET EXTENSION (BUDGET ADJUSTMENT): A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT TO CREATE A PROJECT BUDGET FOR AN EXTENSION OF STEARNS STREET BETWEEN VANTAGE DRIVE AND OLD MISSOURI ROAD (2023-1593) AT THE JANUARY 18, 2024 CITY COUNCIL MEETING, THIS RESOLUTION WAS TABLED TO THE FEBRUARY 6, 2024 CITY COUNCIL MEETING. AT THE FEBRUARY 6, 2024 CITY COUNCIL MEETING, THIS RESOLUTION WAS TABLED TO THE FEBRUARY 20, 2024 CITY COUNCIL MEETING. B.2. SPOUT SPRINGS HISTORIC DISTRICT (PETITION SIGNATURE): A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN THE PROPOSED SPOUT SPRING HISTORIC DISTRICT PETITION AGREEING THAT THE CITY OWNED PROPERTY OF THE YVONNE RICHARDSON COMMUNITY CENTER SHALL BE INCLUDED WITHIN THE SPOUT SPRING HISTORIC DISTRICT (2024-1665) AT THE FEBRUARY 6, 2024 CITY COUNCIL MEETING, THIS RESOLUTION WAS TABLED TO THE FEBRUARY 20, 2024 CITY COUNCIL MEETING. 10IIIIIIIII I, I Wil 31I 1I I I,1 1".1 C.1. SECTION 50.04 - DEPOSITING ON VACANT LOTS (AMENDMENT): City of Fayetteville, Arkansas page 4 Page 4 of 560 City Council Meeting Tentative Agenda February 13, 2024 AN ORDINANCE TO AMEND §50.04 DEPOSITING ON VACANT LOTS OF THE FAYETTEVILLE CODE TO INCLUDE A PROHIBITION ON DUMPING MULCH, COMPOST, FILL DIRT, AND BRUSH ON VACANT LOTS IN THE CITY (2024- 1721) C.2. FAYETTEVILLE PUBLIC SCHOOL DISTRICT (LEASE AMENDMENT): AN ORDINANCE TO AMEND A JOINT LEASE AGREEMENT WITH THE FAYETTEVILLE SCHOOL DISTRICT FOR PORTIONS OF JEFFERSON ELEMENTARY SCHOOL, HOLCOMB ELEMENTARY SCHOOL, AND LAKE FAYETTEVILLE (2024-1715) C.3. ADMINISTRATIVE-2024-0002: (AMENDMENT): AN ORDINANCE TO AMEND §166.20 EXPIRATION OF APPROVED PLANS AND PERMITS OF THE UNIFIED DEVELOPMENT CODE TO EXTEND THE TIME FOR DEVELOPERS TO REQUEST ADMINISTRATIVE PROJECT EXTENSIONS FROM 12 MONTHS TO 18 MONTHS (2024-1692) CA. REZONING-2023-0035: (NW OF N. SHILOH DR. AND W. CHICORY PL./SPRINGWOODS INVESTMENTS LLC, 248): AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2023-0035 FOR APPROXIMATELY 2.44 ACRES LOCATED NORTHWEST OF NORTH SHILOH DRIVE AND WEST CHICORY PLACE IN WARD 2 FROM CPZD, COMMERCIAL PLANNED ZONING DISTRICT TO UT, URBAN THOROUGHFARE (2024-1635) C.S. REZONING-2023-0036: (NORTH OF W. TECHNOLOGY WAY/WATKINS, BOYER, GRAY & CURRY PLLC, 479): AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2023-036 FOR APPROXIMATELY 15.66 ACRES LOCATED NORTH OF WEST TECHNOLOGY WAY IN WARD 4 FROM C-2, THOROUGHFARE COMMERCIAL TO CS, COMMUNITY SERVICES AND R-A, RESIDENTIAL AGRICULTURAL (2024-1691) PROPOSED AGENDA ADDITIONS D. CITY COUNCIL AGENDA SESSION PRESENTATIONS E. CITY COUNCIL TOUR F. ANNOUNCEMENTS G. ADJOURNMENT City of Fayetteville, Arkansas page 5 Page 5 of 560 CITY OF FAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 13, 2024 TO: Mayor Jordan and City Council CITY COUNCIL MEMO 2024-1713 THRU: Susan Norton, Chief of Staff FROM: Alison Jumper, Director of Parks, Natural Resources and Cultural Affairs SUBJECT: Lease and Agreement with Ozark Natural Science Center for the Lake Fayetteville Environmental Study Center RECOMMENDATION: Approval of a one-year lease and agreement with the Ozark Natural Science Cetner to operate in the Lake Fayetteville Environmental Study Center. BACKGROUND: The City of Fayetteville approved a resolution in 1973 agreeing to reserve the eastern portion of Lake Fayetteville in its natural state and allow the Fayetteville and Springdale School Districts to jointly construct a nature study area on the property. The school districts used the property and the study center until 2022/2023 at which time both school districts no longer had a need for the building or grounds. DISCUSSION: The Ozark Natural Science Center (ONSC) contacted Parks, Natural Resources and Cultural Affairs in mid - July of 2023 to inquire about the use of the study center. Since that time staff has worked towards the attached lease and agreement with City legal counsel and ONSC. ONSC is a nonprofit, 501(c)(3) located in Madison County. The organization was formed in 1990 to offer residential field science education center and began programming in 1992. They work with public schools to offer immersion -based learning, host summer camps and other programs, hikes and open houses. The lease area is follows the same lease area the school district used including the building and is a no cost lease. The agreement requires ONSC to maintain the building and trails in the lease area and offer to public for free, nine guided hikes and host open houses. These benefits to the public are similar to those required by AppleSeeds and the Botanical Garden of the Ozarks who have no cost leases. An amended lease with the Fayetteville Public Schools has also been submitted, omitting the Lake Fayetteville property from the lease. BUDGET/STAFF IMPACT: None. ATTACHMENTS: SRF (#3), Combined Lease and Agreement - ONSC (#4) Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 6 of 560 Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 7 of 560 == City of Fayetteville, Arkansas y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2024-1713 Lease and Agreement with Ozark Natural Science Center for the Lake Fayetteville Environmental Study Center A RESOLUTION TO APPROVE ONE-YEAR, NO COST LEASE AND OPERATIONS AGREEMENTS WITH THE OZARK NATURAL SCIENCE CENTER TO OPERATE IN THE LAKE FAYETTEVILLE ENVIRONMENTAL STUDY CENTER WHEREAS, in 1973, the City of Fayetteville approved a resolution agreeing to reserve the eastern portion of Lake Fayetteville in its natural state and allow the Fayetteville and Springdale School Districts to jointly construct a nature study area on the property; and WHEREAS, both school districts used the property and the study center until 2022/2023 at which time neither district had further need for the building and grounds; and WHEREAS, in July 2023, the Ozark Natural Science Center (ONSC) contacted Parks, Natural Resources and Cultural Affairs to inquire about the use of the study center and staff has worked towards a lease agreement and operations agreement with City legal counsel and ONSC; and WHEREAS, ONSC is a nonprofit, 501(c)(3) located in Madison County and was formed in 1990 to offer residential field science education and began programming in 1992 working with public schools to offer immersion -based learning, host summer camps and other programs, hikes and open houses; and WHEREAS, the lease follows the same lease area the school districts used including the building and is a no cost lease that requires ONSC to maintain the building and trails within the leased premises and offer nine free guided hikes, and host open houses for the public. 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 one-year, no cost lease and operations agreements with Ozark Natural Science Center to operate in the Lake Fayetteville Environmental Study Center, copies of which are attached to this Resolution. Page 1 Page 8 of 560 Alison Jumper Submitted By City of Fayetteville Staff Review Form 2024-1713 Item ID 2/20/2024 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 1/24/2024 PARKS & RECREATION (520) Submitted Date Division / Department Action Recommendation: Approval of a one year lease and agreement with the Ozark Natural Science Cetner to operate in the Lake Fayetteville Environmental Study Center. 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: Page 9 of 560 AGREEMENT This Agreement, dated , 2024, is made by and between The City of Fayetteville, Arkansas (the "City"), an Arkansas municipal corporation, and Ozark Natural Science Center ("ONSC"), an Arkansas nonprofit corporation, in conjunction with and complementary to the Lease Agreement entered into by and between same. The City and ONSC may be collectively referred to as the "Parties." The Parties agree to bind themselves to this Agreement under the following terms: I. Goals and Purpose The City owns and operates the Lake Fayetteville Environmental Study Center (the "Center"), the premises of which is more accurately described in the lease agreement executed between the Parties. ONSC's mission is to enhance the understanding, stewardship, and appreciation of the region's natural environment. The Parties desire that ONSC conduct educational programming at the Center in collaboration with the City. II. Rights and Responsibilities of the Parties A. Rights and Responsibilities of the City: 1. The City shall lease the Center and premises described in the Parties' Lease Agreement to ONSC for the term and subject to the conditions identified herein. 2. The City shall not charge ONSC a fee for use of the leased premises, except that ONSC shall pay all utilities for the premises as described below. 3. The City shall have the right to inspect the leased premises at all reasonable times. 4. The City shall have the right to conduct City -sponsored programs and special events on Lake Fayetteville property, which may include the leased premises; provided, however, that the City and ONSC agree to communicate and work together to schedule programs and events in order to avoid conflicts in the use of the leased premises. 5. The City shall be responsible for mowing and weed -eating the leased premises. B. Rights and Responsibilities of ONSC: 1. ONSC shall have the right to use the leased premises to conduct educational programming. This programming may include, but is not limited to, day camps, workshops, classes, fundraisers, and similar events and activities. Page 10 of 560 2. ONSC shall have the right to display signs and educational materials in and around the Center, provided that ONSC complies with all City ordinances and regulations pertaining to same. 3. ONSC shall host guided hikes at Lake Fayetteville at least once per month for nine (9) months out of the year that are free to the public. ONSC shall publicly post the times of these hikes on its website and social media pages. ONSC shall also host open houses and other events free to the public during the Agreement term. 4. ONSC shall maintain the building(s) at the environmental study center, the parking lot and associated trails in accordance with Fayetteville City Code. This shall include the obligation by ONSC to keep the trails free of debris. ONSC shall provide basic maintenance as needed to repair the Center or premises, provided that ONSC shall not be responsible for any individual repair which exceeds $2,000.00 in supplies and labor unless the necessity for such repair is caused by the negligence or fault of ONSC. The City will pay the repair costs for all necessary repairs to the Center or premises in excess of $2,000.00, provided that the necessity of such repair is not caused by the negligence or fault of ONSC. 6. ONSC shall pay the monthly utilities for the Center, including electricity, water, internet, and waste removal, for each month during the term of this Agreement. All payments shall be made timely, and ONSC agrees to indemnify the City for any untimely utility payments during the term of this Agreement. 7. ONSC shall install a gate or a chain at the principal entry to the Center to ensure that it remains locked when not in use for educational programming. 8. ONSC shall maintain a policy of liability insurance to cover operation of its programming at the Center during the term of this Agreement. III. Term and Termination of the Agreement A. This Agreement shall take effect upon the signing by both Parties and shall remain in effect for a period of one (1) year from that date (the "Effective Date") unless earlier terminated (the "Initial Term."). After the initial one-year period, the Parties shall have the option to renew this Agreement for additional one- year terms (the "Renewal Terms"). B. Termination Without Cause. During the Initial Term or any Renewal Term, this Agreement may not be terminated without written consent of both Parties or six (6) months written notice by either party. Page 2 of 5 Page 11 of 560 C. Termination for Cause. This Agreement may be terminated for cause only after the Parties have participated in mediation, as described in Part IV. IV. Failure to Comply with this Agreement If either party breaches or otherwise fails to comply with the terms of this Agreement, the other party shall notify the breaching party in writing of the asserted noncompliance and allow that party ninety (90) days to cure the alleged noncompliance. If the breaching party fails to cure the noncompliance within 90 days, then the Parties shall communicate in good faith for a period of thirty (30) days in an attempt to resolve the issue. If the issue remains unresolved after this period of communication, the Parties shall agree to participate in non -binding mediation. The mediator shall be selected by mutual agreement of the Parties. If the Parties cannot agree on a mediator, then each Party shall select a mediator, and the two selected mediators will select a third. The mediation shall then be collectively conducted by the three (3) mediators. The costs of any such mediation shall be shared equally by the Parties. In the event that mediation is unsuccessful, the Parties may seek legal remedies in the Washington County Circuit Court. V. Principal Contacts Any notices required to be sent under this Agreement shall be delivered to the following: City of Fayetteville, Arkansas Attn: Lioneld Jordan 113 W. Mountain St. Fayetteville, AR 72701 Ozark Natural Science Center Attn: Rose Brown 1905 Madison 1305 Huntsville, AR 72740 The above principal contacts may be changed by their respective Parties, with such change being effective upon delivery of the notice of change to the other party. VI. Use of Intellectual Property The Parties agree that any intellectual property jointly developed through activities covered under this Agreement can be used by either party for educational purposes without obtaining consent from the other. If the intellectual property is to be used for purposes other than educational, the party intending to use the intellectual property must obtain consent from the other. All other intellectual property used in the implementation of this Agreement will remain the property of the providing party. VII. Transfer of Funds Page 3 of 5 Page 12 of 560 The Parties acknowledge and agree that this Agreement does not presently create any financial or funding obligation on either party except those specifically set forth in Part II. The Parties further agree that any obligations not covered by Part II of this Agreement shall only arise upon joint execution of a subsequent agreement or workplan which shall specifically delineate the terms and nature of such work and shall include a budget for accomplishing same. Such subsequent agreements, budgets, and workplans will be subject to the availability of funding for the purposes outlined herein. VIII. No Joint Venture, Partnership, or Agency Nothing in this Agreement shall be construed as to create or imply the existence of a partnership, joint venture, or agency relationship between the Parties. IX. Indemnity ONSC agrees to indemnify and hold harmless the City and its agents, officials, employees, and officers from any and all liability, including attorney's fees, claims, and expenses, arising from ONSC's negligent acts. However, nothing in this Agreement shall be construed to alter, limit, or compromise any charitable immunity possessed by ONSC. X. Miscellaneous A. Non -Assignability. Neither Party may assign or transfer any rights or obligations under this Agreement without prior written consent of the other. B. Entire Agreement. This Agreement, combined with the Lease Agreement to be executed contemporaneously, constitutes the Parties' entire Agreement with respect to the subject matter and supersedes all prior agreements. C. Amendments. This Agreement may only be amended by mutual written consent of the Parties. D. Authority. The individuals signing this Agreement represent that, upon their signature, this Agreement shall have been duly executed by the Party each represents. E. Applicable Law. This Agreement shall be governed by and construed according to the laws of the State of Arkansas. F. Venue. The only proper venue for disagreements arising under this Agreement is the Washington County Circuit Court. G. Severability. Should a court of competent jurisdiction determine that any paragraph or provision of this Agreement is invalid or unenforceable, all remaining paragraphs and provisions shall remain in full force and effect. Page 4 of 5 Page 13 of 560 H. Delivery by PDF or other Means. This Agreement and any amendments hereto, to the extent signed and delivered by means of portable document format ("PDF") or an electronic transmission, shall be treated in all manner and respects as an original contract and shall be considered to have the same binding legal effects as if it were the original signed version thereof delivered in person. IN WITNESS WHEREOF, the parties hereto have set their hands this day of 52024. CITY OF FAYETTEVILLE, OZARK NATURAL SCIENCE ARKANSAS CENTER LIONELD JORDAN, Mayor ROSE BRowN, Executive Director ATTEST: By: By: KARA PAXTON, City Clerk -Treasurer JILL BOWMAN, Office Manager ACKNOWLEDGMENT STATE OF ARKANSAS ) COUNTY OF WASHINGTON ) On this _ day of January, 2024, before me, a Notary Public, personally appeared Lioneld Jordan and Kara Paxton, known to me to be the Mayor and Clerk Treasurer of the City of Fayetteville, Arkansas, having been authorized by lawful resolution of the Fayetteville City Council to execute contracts on behalf of the City of Fayetteville, Arkansas, and acknowledged that they have executed the foregoing instrument for the purposes contained therein. In witness whereof I hereunto set my hand and official seal Notary Public My Commission Expires: Page 5 of 5 Page 14 of 560 LEASE AGREEMENT This Agreement, made and entered by and between the City of Fayetteville, Arkansas, a municipal corporation, hereafter called "the City," and Ozark Natural Science Center, an Arkansas nonprofit corporation, hereafter called "ONSC," Witnesseth: 1. For and in consideration of the covenants and agreements herein entered into and agreed upon by ONSC as obligations to the City, the City non -exclusively lets, leases and demises unto ONSC, subject to the terms and conditions set forth under a separate Agreement, (provided that nothing contained herein shall in any way affect the rights and obligations established by said separate Agreement), the following described property situated in Washington, County, Arkansas: LAKE FAYETTEVILLE A part of the East Half of Section 13 and part of the East Half of Section 24, Township 17 North, Range 30 West, and part of the West Half of Section 18 and part of the West Half of Section 19, Township 17 North, Range 29 West, being more particularly described as follows: Beginning at the Northwest corner of the Southeast Quarter (SEl/4) of the Northeast Quarter (NE'/4) of said Section 13; thence with the North line of said SE-NE-13-17-30 South 87' 06' 01" East 1303.739 feet; thence South 02' 29' 13" West 17.192 feet thence South 87' 51' 20" East 818.386 feet; thence with the West right-of-way line of Highway 265 (Crossover Road) the following calls: South 06' 01' 18" West 2.822 feet; thence South 11 ° 44' 19" West 100.498 feet; thence South 06' 01' 42" West 47.6 feet; thence South 02' 51' 10" West 95.156 feet; thence South 03' 19' 2 1 " East 89.915 feet thence South 08' 19' 18" East 59.959 feet; thence South 11° 49' 21" East 44.973 feet; thence South 14' 19' 18" East 29.984 feet; thence South 17' 19' 22" East 59.959 feet; thence South 19' 19' 20" East 832.701 feet; thence South 16' 46' 49" East 98.118 feet; thence South 09' 44' 20" East 173.596 feet; thence South 01' 14' 19" East 154.34 feet; thence South 02' 45' 41" West 926.592 feet; thence South 02' 44' 44" West 1322.566 feet; thence South 02' 35' 18" West 250.278 feet; thence leaving said West right-of-way line North 87' 36' 40" West 3750.975 feet; thence North 00' 10' 36" West 831.004 feet; thence North 72' 00' 17" East 1351.875 feet to a point on the West line of the 5E-13-17-30; thence with said West line North 02' 09' 09" East 2935.509 feet, to the Point of Beginning and containing 266.760 acres, more or less. LESS AND EXCEPT all that portion of said parcel lying within the waters of Lake Fayetteville, said waters being more particularly described as that portion of said parcel lying below an elevation on 1238 feet above mean sea level, said elevation being the top of the Lake Fayetteville spillway. The Lake Fayetteville leased premises are further identified in the map attached as Exhibit A. 2. The term of this Joint Lease shall begin on February 1, 2024 and end on January 31, 2025, unless sooner terminated by six (6) months written notice by any of the parties Page 15 of 560 hereto. 3. As consideration for the lease, ONSC agrees to maintain the building and grounds at the environmental study center, parking lot, and associated trails and docks within the leased premises according to park standards. ONSC further agrees to provide maintenance to the environmental study center building, provided that ONSC shall not be responsible for any individual repair which exceeds $2,000.00 in supplies and labor unless the necessity for such repair is caused by the negligence or fault of ONSC. The City will pay the repair costs for all necessary repairs to the Center or premises in excess of $2,000.00, provided that the necessity of such repair is not caused by the negligence or fault of ONSC. ONSC shall also pay all utilities for the premises during the duration of the lease, including electricity, water, internet, and waste removal. 4. ONSC further acknowledges that the leased premises are part of Lake Fayetteville Park and that the Fayetteville Parks and Recreation Department will continue to manage the park property and conduct City -sponsored programs and special events at Lake Fayetteville, which may include the leased premises. The City and ONSC agree to communicate and work together to schedule programs and events to avoid conflicts in use of the leased premises. 5. The City shall have the right to inspect the leased premises at all reasonable times. 6. Facility expansions and all site alterations must have prior written approval by the City and meet all City standards/procedures as well as all applicable federal, state and local laws for such expansions or alterations. Any permanent structure shall become a permanent fixture to the land and become the property of the City at the end of the lease term, unless otherwise agreed to in writing prior to construction of the structure. ONSC shall maintain insurance coverage in an amount not less than $100,000.00 to cover all structures currently located on the leased premises or constructed by ONSC on the leased premises during the term of this Agreement. 7. ONSC agrees to indemnify and hold the City and its officers, officials, employees, and agents harmless from any and all liability, including attorney's fees, for claims, expenses, loss or damage to persons or property resulting from their negligent acts, provided that nothing herein shall be construed to alter, limit or otherwise compromise that immunity afforded the District under the Constitution and Statutes of the State of Arkansas. 8. The parties hereby agree that upon termination of this lease by expiration or by earlier termination for any reason whatsoever, they will peaceably deliver possession of the leased premises to the other, including all permanent fixtures, without demand. 9. The parties agree not to violate any law, ordinance, rule or regulation of any government authority having jurisdiction over the premises. Page 16 of 560 10. It is agreed that the failure of either party to invoke any of the available remedies under this agreement or under law in the event of one or more breaches or defaults by the other under the agreement shall not be construed as a waiver of such provisions and conditions and shall not prevent the party from invoking such remedies in the event of any future breach or default. 11. Each paragraph of this agreement is severable from all other paragraphs. In the event any court of competent jurisdiction determines that any paragraph or subparagraph is invalid or unenforceable for any reason, all remaining paragraphs and subparagraphs shall remain in full force and effect. 12. This agreement shall be interpreted according to and enforced under the laws of the State of Arkansas. 13. This agreement may be executed in all or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have set their hands this day of , 2024. CITY OF FAYETTEVILLE, ARKANSAS By: By: LIONELD JORDAN, Mayor ATTEST: By: By: KARA PAXTON, City Clerk -Treasurer OZARK NATURAL SCIENCE CENTER VGr4 --- ROSE BROWN, Executive Director ACKNOWLEDGMENT STATE OF ARKANSAS ) COUNTY OF WASHINGTON ) Page 17 of 560 On this _ day of January, 2024, before me, a Notary Public, personally appeared Lioneld Jordan and Kara Paxton, known to me to be the Mayor and Clerk Treasurer of the City of Fayetteville, Arkansas, having been authorized by lawful resolution of the Fayetteville City Council to execute contracts on behalf of the City of Fayetteville, Arkansas, and acknowledged that they have executed the foregoing instrument for the purposes contained therein. In witness whereof I hereunto set my hand and official seal Notary Public My Commission Expires: Page 18 of 560 Page 19 of 560 Page 20 of 560 CITY OF FAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 13, 2024 TO: Mayor Jordan and City Council THRU: Chris Brown, Public Works Director Susan Norton, Chief of Staff FROM: Matt Mihalevich, Active Transportation Manager SUBJECT: 2024 Federal Aid Transportation Grant Applications RECOMMENDATION: CITY COUNCIL MEMO 2024-1714 Staff recommends approval of a resolution expressing the willingness to apply for federal -aid funds and allowing staff to submit applications for 80% federal 20% local matching grants through the Federal Highway Administration, the Arkansas Department of Transportation and the Northwest Arkansas Regional Planning Commission. Grant projects include the Rupple Road Lighting, Drake Street Trail Connection, Millsap Rd. & College Ave Intersection, Stephen Carr Memorial Drive/1-49 Interchange, and MILK Walkability Improvements. BACKGROUND: The passage of the Bipartisan Infrastructure Bill provides more opportunities for Federal funding assistance. Grant programs administered regionally through the Northwest Arkansas Regional Planning Commission include the Carbon Reduction Program (CRP), the Surface Transportation Block Grant -Attributable (STBGP-A) Program, and the Transportation Alternatives Program (TAP). In total, these programs will provide over $15 million in funding for the Northwest Arkansas Region. Additionally, the State Department of Transportation offers a statewide grant opportunity through their Transportation Alternatives Program. DISCUSSION: Five projects have been identified for application for federal funding as shown below: Grant Program Existing/New Project Project Description Amount Requested CRP/TAP New Rupple Road Lighting - Persimmon to MLK(Hwy 62 $500,000 TAP Existing Drake Street protected bike lanes and trail connection to Gordon Long Park $500,000 STBGP-A Existing Millsap & College Intersection Improvements $1,900,000 STBGP-A New Stephen Carr/1-49 Interchange (Design) $650,000 TAP/CRP New MILK Walkability Improvements $500,000 BUDGET/STAFF IMPACT: If the grants are approved, the City of Fayetteville will be responsible for 20% of the total project cost while Federal funding will provide 80%. Matching funding has been budgeted through various accounts in anticipation of award of grant funding. Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 21 of 560 On January 30th, 2024, the Transportation Committee reviewed the grant project proposals and voted unanimously to forward the request to apply to the full City Council for approval to apply. The grant programs require a resolution be included with the application. ATTACHMENTS: SRF (#3), Call for Projects - NWARPC (#4) Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 22 of 560 re.1m, �kgl City of Fayetteville, 1rkansas 9RKANS PS Legislation File #: 2024-1714 2024 Federal Aid Transportation Grant Applications 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 A RESOLUTION TO EXPRESS THE WILLINGNESS OF THE CITY OF FAYETTEVILLE TO UTILIZE FEDERAL -AID FUNDS FOR THE FOLLOWING PROJECTS: RUPPLE ROAD LIGHTING, DRAKE STREET TRAIL CONNECTION, MILLSAP RD. & COLLEGE AVENUE INTERSECTION, STEPHEN CARR MEMORIAL DRIVE/I-49 INTERCHANGE, AND MLK WALKABILITY IMPROVEMENTS WHEREAS, Northwest Arkansas Regional Planning Commission has issued a call for projects to be funded with Federal -Aid funds suballocated to Northwest Arkansas; and WHEREAS, the funding for selected projects will be at the following Federal and Local participating rations, up to the maximum Federal -aid available: Work Work Phase Federal % City % -Type Projects that reach Preliminary Engineering 80% 20% construction Right -of -Way 80% 20% Utilities 80% 20% Construction 80% 20% Construction Engineering 80% 20% Projects that never progress All Phases 0% 100% to 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 authorizes the application submittal for the Rupple Road Lighting, Drake Street Trail Connection, Millsap Rd. & College Ave. Intersection, Stephen Carr Memorial Drive/1-49Interchange, and MLK Walkability Improvement projects. Section 2: That the City Council of the City of Fayetteville, Arkansas will participate in accordance with its designated responsibilities in these projects, including providing of the local match requirement. Page 1 Page 23 of 560 Resolution: File Number: 2024-1714 Section 3: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to execute all appropriate agreements and contracts necessary to expedite the construction of these projects. Section 4: That the City Council of the City of Fayetteville, Arkansas pledges its full support and hereby authorizes the Arkansas Department of Transportation and Northwest Arkansas Regional Planning Commission to initiate action to implement these projects. Page 2 Page 24 of 560 Matt Mihalevich Submitted By City of Fayetteville Staff Review Form 2024-1714 Item ID February 20th, 2024 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 4/27/2023 ENGINEERING (621) Submitted Date Division / Department Action Recommendation: Staff recommends approval of a resolution expressing the willingness to apply for federal -aid funds and allow staff to submit applications for 80% federal 20% local matching grants through the Federal Highway Administration, the Arkansas Department of Transportation and the Northwest Arkansas Regional Planning Commission. Grant projects include the Rupple Road Lighting, Drake Street Trail Connection, Millsap Rd. & College Ave Intersection, Stephen Carr Memorial Drive/1-49 Interchange, and MLK Walkability Improvements. Budget Impact: Various Various Account Number Various Fund Various 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: Original Contract Number: Comments: Approval Date: Page 25 of 560 N WA Regional Planning Conmii•..,ion PUBLIC NOTICE OF NWARPC FFY 2025 CALL FOR PROJECTS FOR STBGP-A, TAP, & CRP FUNDING The Northwest Arkansas Regional Planning Commission (NWARPC), serving as the NWA Metropolitan Planning Organization (MPO), announces the availability of approximately $12 million in NWARPC Surface Transportation Block Grant Program — Attributable (STBGP-A), $1.4 million in NWARPC Transportation Alternatives Program (TAP) funding and $1.5 million in NWARPC Carbon Reduction Program (CRP) funding for Federal Fiscal Year (FFY) 2025. Availability of FFY 2025 funding is subject to Congressional action. The Bipartisan Infrastructure Law (BIL), enacted as the Infrastructure Investment and Jobs Act (IIJA), Pub. L. 117-58 (Nov. 15, 2021) provides federal suballocated funding to the Fayetteville -Springdale - Rogers AR -MO Urban Area. The STBGP-A, TAP and CRP are federally funded, 80% Federal / 20% Local, reimbursable programs and projects must meet and follow the ARDOT Local Public Agency (LPA) federal -aid process for reimbursement. Funds must be used for eligible projects that are submitted by eligible entities and chosen through a competitive process. Additional information on the programs can be found at: STBG Fact Sheet: www.thwa.dot.gov/bipartisan-infrastructure-law/stbp,.cfm TAP Fact Sheet: www.fhwa.dot.gov/bipartisan-infrastructure-law/­ta.cfm CRP Fact Sheet: www.fhwa.dot.gov bipartisan-infrastructure-law/crp fact sheet.cfm APPLICATION INFORMATION: The FFY 2025 STBGP-A, TAP, and CRP Funding Request Applications are available at the NWARPC office located at 1311 Clayton Street, Springdale, AR 72762 and online at www.nwarpc.org/funding-programs/. APPLICATIONS MUST BE RECEIVED NO LATER THAN 11:59 P.M. (CDT), THURSDAY, APRIL 4, 2024. Any funding request submitted after this deadline will not be considered. For more information on this program or questions related to the application process, please contact Nicole Gibbs, Regional Planner, NWARPC, 1311 Clayton, Springdale, AR 72762, (479) 751-7125 x106. FFY 2025 STBGP-A, TAP, and CRP Project Application Timeline: Call for Projects Notice —January 7, 2024 Project Funding Request Deadline — April 4, 2024 at 11:59 P.M. CDT NWARPC NOTICE OF NONDISCRIMINATION POLICY: The NWARPC complies with all civil rights provisions of federal statutes and related authorities that prohibit discrimination in programs and activities receiving federal financial assistance. Therefore, the NWARPC does not discriminate on the basis of race, sex, color, age, national origin, religion or disability, in the admission, access to and treatment in NWARPC's programs and activities, as well as the NWARPC's hiring or employment practices. Complaints of alleged discrimination and inquiries regarding the NWARPC's nondiscrimination policies may be directed to Nicole Gibbs, AICP, Regional Planner — EEO/DBE (ADA/504/Title VI Coordinator), 1311 Clayton, Springdale, AR 72762, (479) 751-7125, (Voice/TTY 711 or 1-800-285- 1131) or 1.,1 . ; Para Ilamadas en espanol, marques el 866-656-1842; para Ilamadas en ingles, marques el 711 o directamente al 800-285-1131 o nPibbsOnwarpc.ot . This notice is available from the ADA/504/Title VI Coordinator in large print, on audiotape and in Braille. If information is needed in another language, contact NWARPC at least 48 hours before the meeting. Si necesita information en otro idioma, comunigese NWARPC cuando menos 48 horas antes de la junta. Page 26 of 560 CITY OF FAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 13, 2024 CITY COUNCIL MEMO 2024-1722 TO: Mayor Jordan and City Council THRU: Chris Brown, Public Works Director Susan Norton, Chief of Staff FROM: Matt Mihalevich, Active Transportation Manager SUBJECT: Approval of an Agreement with the Arkansas Department of Transportation (ArDOT) to Complete Improvements to the 1-49 and Martin Luther King Dr. Blvd Interchange RECOMMENDATION: Staff recommends approval of an agreement with ARDOT to formalize the City's partnership on the 1-49 and Highway 62 (Martin Luther King, Jr. Blvd) interchange. BACKGROUND: ArDOT is currently planning an extensive redesign of the 1-49 and Highway 62 (MLK Jr. Blvd.) Interchange. With the design proposed by ArDOT, Shiloh Drive south of Highway 62 was to be converted to one-way south bound. Shiloh Drive was proposed to be extended south to Cato Springs Road to provide an outlet for the properties served by Shiloh Drive. City of Fayetteville Engineering Staff requested that ArDOT evaluate the option of adding an overpass at 15th Street instead of extending Shiloh to Cato Springs Road. The overpass option provides better access to adjacent properties and essentially adds a connection from 15th Street to 1-49. The City provided a study of the proposed overpass option, and determined the additional cost of the City preferred option to be $1.5 million; ArDOT agreed to revise plans provided the city pay the additional cost of $1.5 million; the Council approved resolution 298-20 expressing the intention of the City to partner with ARDOT and pay for the additional cost. DISCUSSION: Since that resolution, City and ArDOT staff have worked through many design details, negotiated additional cost sharing proposals, arranged for replacement of tree preservation areas, and pursued federal aid funding to assist in paying for various aspects of the project. All of these activities have been condensed into the proposed Agreement of Understanding between the City and ArDOT. Major elements of the Agreement include: Inclusion of the 15th Street overpass in the project; the City cost of this addition is $1.5 million. The City has secured $1.5 million federal aid funding for this item so there is no additional cost to the City. Inclusion of multiple pedestrian and bicycle facilities in the project, at no cost to the City: o Construction of a 14-foot-wide by 10-foot-tall tunnel for the Town Branch Trail o Construction of a 10-foot-wide shared use path with a 6-foot offset along the south side of Highway 62 from the western termini of the Project at South Leflar Way to Futrall Drive, Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 27 of 560 including underneath the Interstate 49 overpass bridges o Implementation of a one -car length offset for the shared use path across the Walmart driveway Inclusion of further pedestrian and bicycle facilities, with the City paying actual cost for the elements (The City has $300,000 in federal aid funding to pay for these costs) o Construction of a 10-foot-wide shared use path with a 6-foot offset on the east side of Futrall Drive starting where the 10-foot trail would stop under Interstate 49 overpass bridges, proceeding south to the north side of Best Friend Way; and o Construction of a 12-foot-wide shared use path with a 10-foot offset on the west side of Shiloh Drive from Highway 62 to the trail at Northwest Health Emergency Department; and o Construction of an embankment and 12-foot-wide shared use path with a 10-foot offset along the west side of Shiloh Drive between Northwest Health Emergency Department and the shared use path being constructed as part of the 15th Street Overpass roundabouts • Vacation of a tree preservation on the east side of 1-49 south of Hwy 62, and a corresponding replacement dedication of an easement on the west side of 1-49 south of Hwy 62. • The City will accept ownership of the 15th Street overpass and the frontage roads between Hwy 62 and 15th Street. ArDOT plans to proceed with clearing of the project area this spring, and must complete the clearing prior to March 15th to meet the requirements of their environmental approval for protection of bat species. Therefore, an expedited review of this agreement is necessary. BUDGET/STAFF IMPACT: No additional funding is anticipated beyond the identified federal aid of $1.8 million. ATTACHMENTS: SRF (#3), Job 040846 Agreement (#4), 040846DesignMLK - Hwy 62 - Trail concept 2-7-24 - Flattened (#5) Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 28 of 560 == City of Fayetteville, Arkansas Y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2024-1722 Approval of an Agreement with the Arkansas Department of Transportation (ArDOT) to Complete Improvements to the I-49 and Martin Luther King Dr. Blvd Interchange A RESOLUTION TO APPROVE AN AGREEMENT OF UNDERSTANDING WITH ARDOT TO FORMALIZE THE CITY' S PARTNERSHIP ON THE I-49 AND HIGHWAY 62 INTERCHANGE IMPROVEMENTS PROJECT WHEREAS, ARDOT is currently planning an extensive redesign of the I-49 and Highway 62 Interchange; and WHEREAS, staff requested that ARDOT evaluate the option of adding an overpass at 15th Street instead of extending Shiloh Drive to Cato Springs Road; and WHEREAS, the overpass option provides better access to adjacent properties and essentially adds a connection from 15th Street to I-49. 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 of Understanding with ARDOT to formalize the City's partnership on the I-49 and Highway 62 Interchange Improvements Project. A copy of the Agreement of Understanding is attached to this Resolution. Page 1 Page 29 of 560 Matt Mihalevich Submitted By City of Fayetteville Staff Review Form 2024-1722 Item ID February 20th, 2024 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 2/7/2024 ENGINEERING (621) Submitted Date Division / Department Action Recommendation: Staff recommends approval of an agreement with ArDOT to formalize the City's partnership on the 1-49 and Highway 62 (Martin Luther King, Jr. Blvd) interchange. Budget Impact: N/A N/A Account Number Fund N/A N/A Project Number Project Title Budgeted Item? No Total Amended Budget $ - Expenses (Actual+Encum) $ - Available Budget Does item have a direct cost? No Item Cost $ Is a Budget Adjustment attached? No Budget Adjustment $ - Remaining Budget V20221130 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: Page 30 of 560 AGREEMENT OF UNDERSTANDING BETWEEN THE CITY OF FAYETTEVILLE AND THE ARKANSAS DEPARTMENT OF TRANSPORTATION RELATIVE TO: Implementation of Job 040846, Hwy. 62 Intchng. Impvts. (Fayetteville) (F) in Fayetteville, Washington County (hereinafter called the "Project"). WHEREAS, the City of Fayetteville (hereinafter called the "City") has expressed interest in partnering with the Arkansas Department of Transportation (hereinafter called the "Department") to improve the Interstate 49 interchange with Highways 62/180 (Martin Luther King Jr. Boulevard); and WHEREAS, the City has agreed to provide $1.5 million in partnering funds to incorporate the construction of a 15th Street overpass between Shiloh Drive and Futrall Drive into the Project; and WHEREAS, the City was awarded $1.5 million from the Northwest Arkansas Regional Planning Commission, fulfilling this portion of their financial partnering commitment, which was obligated by the Department for preliminary engineering tasks in August 2022; and WHEREAS, the City has also requested that certain shared use paths and other betterments be incorporated into the Project; and WHEREAS, the City has agreed to provide all costs for certain betterments based on actual unit prices and plan quantities; and WHEREAS, the City has received $300,000 in Statewide Transportation Alternatives Program funding that will be used toward the funding of these betterments; and WHEREAS, the Department has agreed to include certain improvements in the Project at no cost to the City; and WHEREAS, the Department has agreed to pay for the initial construction cost, but the City will be responsible for the maintenance of crosswalks and decorative brick thermoplastic crosswalks that are compliant with the Federal Highway Administration's Manual on Traffic Control Devices (MUTCD); and WHEREAS, in addition to the monetary commitment, the City has agreed to expeditiously relocate affected City -owned utilities and be responsible for associated costs as defined in the Department's Utility Accommodation Policy (available at www.ardot.gov/LPA); and WHEREAS, the Department will be responsible for coordinating with all utilities to determine impact and schedules; and WHEREAS, the Department will oversee all other phases of the Project and will provide all additional funding necessary to complete these improvements; and Page 31 of 560 Agreement of Understanding Between the City of Fayetteville and the Arkansas Department of Transportation WHEREAS, the Department has provided an equivalent, comparable acreage for dedication of a Tree Preservation Easement on the west side of Interstate 49 in exchange for the vacation of the acreage of an existing Tree Preservation Easement on the east side of Interstate 49 that was required for the construction of the Project; and WHEREAS, upon completion of the Project, the City has agreed to accept both ownership and maintenance responsibilities for certain improvements in the project area; and • All portions of the 15th Street extension, including the overpass bridge and roundabouts at Shiloh Drive and Futrall Drive; and • Shiloh Drive to the south of the Interstate 49 southbound on -ramp; and • Futrall Drive south of the Interstate 49 off -ramp. WHEREAS, the City has passed Resolution No. agreeing to the partnership and authorizing the Mayor to enter into agreements with the Department for the Project; and WHEREAS, Arkansas State Highway Commission Minute Order 2021-012 has authorized the Director to enter into any necessary agreements with the City and to proceed with surveys, plans, and construction of the Project as funds become available. IT IS HEREBY AGREED that the City and the Department will accept the additional responsibilities and assigned duties as described hereinafter. THE CITY WILL: Be responsible for all non -reimbursable costs associated with the City -owned utilities as defined in the Department's Utility Accommodation Policy. 2. When requested, pay to the Department additional funds beyond those awarded to the City through the Statewide Transportation Alternatives Program for the cost of the betterments described below: • Construction of a 10-foot-wide shared use path with a 6-foot offset on the east side of Futrall Drive starting where the 10-foot trail would stop under Interstate 49 overpass bridges, proceeding south to the north side of Best Friend Way. • Construction of a 12-foot-wide shared use path with a 10-foot offset on the west side of Shiloh Drive from Highway 62 to the trail at Northwest Health Emergency Department. Construction of an embankment and 12-foot-wide shared use path with a 10-foot offset along the west side of Shiloh Drive between Northwest Health Emergency Department and the shared use path being constructed as part of the 15th Street Overpass roundabouts. 3. Approve the vacation of tree preservation easements on the east side of Interstate 49 on property that is needed for right of way and utility easements for the Project, and accept the dedication of equivalent tree preservation easements on the west side of Interstate 49, as described in the attached Exhibit A. Said total vacation is 59,385 square feet and dedication is 59,500 square feet. -2- Page 32 of 560 Agreement of Understanding Between the City of Fayetteville and the Arkansas Department of Transportation 4. Upon completion of the Project, assume both ownership and maintenance responsibilities for: • All portions of the 15th Street extension, including the overpass bridge and roundabouts at Shiloh Drive and Futrall Drive; and • Shiloh Drive to the south of the Interstate 49 southbound on -ramp; and • Futrall Drive south of the Interstate 49 off -ramp. 5. Indemnify and hold harmless the Arkansas State Highway Commission, the Department, its officers and employees, from any and all claims, lawsuits, judgments, damages, costs, expenses, and losses, including those arising from claims before the Arkansas Claims Commission or lawsuits brought in any other legal forum, sustained on account of the operations or actions of the City, including any act of omission, neglect or misconduct of said City. Further, the City shall take no action to compromise the immunity from civil suits afforded the State of Arkansas, the State Highway Commission, Arkansas Code 19-10-305, or the I Ith Amendment of the United States Constitution. This obligation of indemnification shall survive the termination or expiration of this Agreement. THE DEPARTMENT WILL: Be responsible for overseeing the design, environmental documentation, and right of way acquisition for the Project. 2. Be responsible for overseeing and coordinating all utility relocation for the Project. 3. Be responsible for the review and preparation of reimbursement agreements for eligible utilities. 4. Prepare documents and exhibits for the tree preservation easement vacation and dedications and provide documents to the City for approvals; execute and file completed easement dedication documents with the City Circuit Clerk upon approval of this agreement. 5. Include the following improvements in the design and construction of the Project at no cost to the City: • Construction of a 14-foot-wide by 10-foot-tall tunnel for the Town Branch Trail. • Construction of a 10-foot-wide shared use path with a 6-foot offset along the south side of Highway 62 from the western termini of the Project at South Leflar Way to Futrall Drive, including underneath the Interstate 49 overpass bridges. • Implementation of a one -car length offset for the shared use path across the Walmart driveway. 6. Prior to awarding a construction contract for the Project, request funds from the City for the cost of the betterments included at the request of the City that exceed the Statewide Transportation Alternatives Program funds awarded to the City, as described under City responsibility item 2. 7. Track costs for all additional items based on actual unit prices and plan quantities and either request additional funds or return any overcharged amount to the City upon project closeout. -3- Page 33 of 560 Agreement of Understanding Between the City of Fayetteville and the Arkansas Department of Transportation 8. Advertise, award, and perform construction inspection for the Project. 9. Upon completion of the Project, transfer both ownership and maintenance responsibilities to the City for: • All portions of the 15th Street extension, including the overpass bridge and roundabouts at Shiloh Drive and Futrall Drive; and • Shiloh Drive to the south of the Interstate 49 southbound on -ramp; and • Futrall Drive south of the Interstate 49 off -ramp. 10. Coordinate and assist the City in permitting any maintenance activities on the new 151h Street bridge that may affect the Interstate 49 main lanes. IN WITNESS WHEREOF, the parties hereto have executed this Agreement this day of .2024. ARKANSAS DEPARTMENT OF TRANSPORTATION Lorie H. Tudor, P.E. Director CITY OF FAYETTEVILLE Lioneld Jordan Mayor Kit Williams City Attorney ARKANSAS DEPARTMENT OF TRANSPORTATION NOTICE OF NONDISCRIMINATION The Arkansas Department of Transportation (ARDOT) complies with all civil rights provisions of federal statutes and related authorities that prohibit discrimination in programs and activities receiving federal financial assistance. Therefore, ARDOT does not discriminate on the basis of race, sex, color, age, national origin, religion (not applicable as a protected group under the Federal Motor Carrier Safety Administration Title VI Program), disability, Limited English Proficiency (LEP), or low-income status in the admission, access to and treatment in ARDOT's programs and activities, as well as ARDOT's hiring or employment practices. Complaints of alleged discrimination and inquiries regarding ARDOT's nondiscrimination policies may be directed to Civil Rights Officer Joanna P. McFadden (ADA/504/Title VI Coordinator), P. O. Box 2261, Little Rock, AR 72203, (501) 569-2298, (Voice/TTY 711), or the following email address: joanna.mcfadden&ardot.gov. Free language assistance for Limited English Proficient individuals is available upon request. This notice is available from the ADA/504/Tide VI Coordinator in large print, on audiotape and in Braille. -4- Page 34 of 560 N1116 COR.SEC.I9 & x 70193M TRACT Y Ml'LMLLC y Exhibit Tree Easement Vacation and Dedication Job 040846, Hwy. 62 Intchng. Impvts. (Fayetteville) (F) k\\L\\\ iNX11\131\11 HAWIFN61111NE T N Etr10N j LIT_ 6104 ____N I013'53' E ?/ L45 54.26' S 8T 28' 34' E \ L57 75.25' S 3051'10' E L58 0.35, S Il'S30T E L59 60. 85' S 6T 25' OT V +` LSO 61.W S 8T 28'341 E U67 64.74' S Tr 4T 31' E U73 5143' S ITIT37' E L537 43.0 N 3T 42'52' If'•. ,.:�' '. L538 37.39' N 3T 13'OB' Y L539 12.67' M 35' 39' 59' V • :� , L940 47.72' N OT 26'05' V L541 57.66' N 45*21' 08' Y . L542 27.43 N L543 38.29' N 36.00'04' V �...yyy •:' \' L5N 25.26' N 4v 0O 01' V ,"' •� -.'.:� L545 ' N2Y44'27' Y L5414115615' N01'S5'00' E L547 8 31.8T N 28'54'15' V L544198' NOr5T42' V L549 43.W N0P 5V 47 V L550 1%W S 66'11Y04' Y On 24.51' N 546.2V 592S 3W11' V pIal EXISl.R, wn 318N 35 Y . 'a ppn e'wi7e: ���6 1 S 156•I6', C33 39�. 41' 191.8]' � S?Sh4r" AM; F I IVJ'190f� !•� PDG. I • \ S(A7E MON BENT I/4 COR. SEC. 19 & X �53'3lf TKx xmr 14 rM Ls 4 m BF1R •" �. �.� \ EXIST.R E/I6 COR. p •r+AdP , •.,. cos SEC.I9 \` I/21PIPE S1116 COR. SEC.2Od9 m\ •' 1 PROPOSED ADDITIONAL \ TREE ESMT = 59,500 S . Ft. TREE PRESERVATION EASEMENT TO VACATE PART I = 3,678 Sq.Ft. PART 2 = 9,151 Sq.Ft. PART 3 = 31,823 Sq.Ft. TOTAL = 44,652 S .Ft. PROPOSED WATER -SEWER ESMT = 20,147 Sq.Ft. AREA WITHIN EXIST. TREE ESMT = 14,733 Sq. Ft. % w�A. N 41K .A W � !" n kp io CJ N I � tppC $� Page 35 of 560 . + Uq� VE SQ�j4 l T Y U12' Wide Trail Construction By City - Not part of this -project Jet Continue 10 foot wide R side path with 6 feet of green space separation to western extent of project. Include Fayetteville standard colored concrete crosswalks with 16 foot offset at driveways. (By ARDOT) "I Construct 12 foot wide concrete trail with 10 feet of green space separation. (By ARDOT) Existing 12 l foot wide trail to remain. Include trafficscapes decorative brick thermoplastic crosswalk with 24" thermoplastic each side with crosswalk lighting Include Ped button in r; refuge (Construction of 12 foot wide side path with 10 foot green space separation. (By ARDOT) Exhibit A zm2a , Construct 12 foot wide trail with parapet wall & Lighting (By ARDOT) vo 9 10 foot trail *111: ,• included in —� project (Paid by City NOV f-- with TAP funds) • ' W i 10' Wide Trail s, 9/ . I Construction By Qf1 City - Not part y. of this project F-V • t - ■ c i .i i -i 'r r H d ICE � fl Raised speed table• t crosswalks with RRFB and lighting (By ARDOT) 't Install separate 9' tall by 14' wide box culvert tunnel + (By ARDOT) r i Page 36 of 560 CITY OF FAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 13, 2024 CITY COUNCIL MEMO TO: Mayor Jordan and City Council THRU: Chris Brown, Public Works Director Susan Norton, Chief of Staff FROM: Terry Gulley, Asst Public Works Director - Ops SUBJECT: 2024/2025 ASPHALT OVERLAY AND SIDEWALKS PROJECTS RECOMMENDATION: 2024-1716 A resolution to approve the Transportation Division 2024/2025 Pavement Management and Asphalt Overlay and Sidewalk Construction work plans. BACKGROUND: The In -House Pavement Improvements and Sidewalk Improvements capital projects are included in the five- year Capital Improvements Program (CIP). The CIP document functions as a financial planning tool that places projects in the annual budget and funds are appropriated by the City Council. DISCUSSION: Street and sidewalk workplans are reviewed and updated annually to reflect any shifting needs and changes in available funding. The plans are presented to the City Council Transportation Committee and recommended to the City Council for approval. BUDGET/STAFF IMPACT: Labor, equipment, materials, services and other project costs are included in Street Fund, Sales Tax Capital Improvements Fund, and Transportation Bonds. ATTACHMENTS: SRF (#3), 2024/2025 Asphalt & Sidewalk Work Plan (#4) Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 37 of 560 _= City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2024-1716 2024/2025 ASPHALT OVERLAY AND SIDEWALKS PROJECTS A RESOLUTION TO APPROVE THE TRANSPORTATION DIVISION OVERLAY AND SIDEWALK PROJECTS LIST FOR 2024 AND 2025 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the Transportation Division Overlay and Sidewalk Projects list for 2024 and 2025. A copy of the 2024 and 2025 Overlay and Sidewalk Projects list is attached to this Resolution and made a part hereof. Page 1 Page 38 of 560 Terry Gulley Submitted By City of Fayetteville Staff Review Form 2024-1716 Item ID 2/20/2024 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 2/1/2024 TRANSPORTATION SERVICES (410) Submitted Date Division / Department Action Recommendation: A RESOLUTION TO APPROVE THE TRANSPORTATION DIVISION 2024/2025 PAVEMENT MANAGEMENT AND ASPHALT OVERLAY AND SIDEWALKS CONSTRUCTION WORK PLANS. Account Number Project Number Budgeted Item? Yes Does item have a direct cost? Yes 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 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: Labor, equipment, materials, services and other project costs are included in various programs and capital projects budgets V20221130 Page 39 of 560 ai 9 x ., 2/1/2024 m Ward Street Proposed 2024 Sidewalk Projects City Crews Sidewalk Ramps Drives Curb Pipe Drain Bx R. Wall R. Wall Street Need Eng From To Placement Tvpe Length Width Each Each Feet Feet Each L Ft. Ht. Repair R/W Comments Est. Const. Est. Material Time Cost 25.3 2 Center St. Gregg Ave. School Ave. Both Rep 1 920 8 4 9 0 0 0 700 3 0 Yes Yes Replace deteriorated sidewalk 43 $191,906 24.5 2 Cleveland St. Leverett Ave. Whitham Ave. North New 300 6 3 4 300 150 1 0 0 300 No Yes Complete sidewalk connection 24 $75,563 2 Dickson St. West Ave. School Ave. North Rep 400 10 2 0 400 66 2 0 0 400 No Yes Redesign sidewalk for better pedestrian flow 30 $101,369 24.5 2 Lewis Ave. Deane St. Wedington Dr. West New 1,370 6 4 10 940 450 4 0 0 940 No Yes Fill gaps in sidewalk connection 73 $257,332 13.1 4 Salem Rd. Clearwood Dr. Mt. Comfort Rd. West New 500 8 0 3 500 500 2 0 0 500 Yes Yes Complete sidewalk connection 2023 Carryover 36 $129,519 17.0 3 Old Missouri Rd. Frazier Terrace Stearns St. West New 650 10 2 5 690 400 4 0 0 690 No Yes Complete sidewalk connection 2023 Carryover 51 $190,099 4,140 15 31 2,830 15566 13 700 29830 (Feet) (Each) (Each) (Feet) (Feet) (Each) (Feet) (Feet) Proposed 2024 Crosswalk Projects Crosswalk Sidewalk Ramps Drives Curb Pipe Drain Bx R. Wall R. Wall Street Need Eng Ward Street Location Tvpe Lenath Width Each Each Feet Feet Each L Ft. Ht. Repair R/W Comments 256 $945,787 (Days) Est. Const. Est. Material Time Cost High 1 MLK Blvd. at Willow Ave. RRFB New 1 100 6 4 0 150 0 0 0 0 150 Ped crossing 8 $31,122 High 2 Gregg Ave. at Sycamore St. Signalized New 100 6 2 0 100 0 0 0 0 100 Access ramps, radius curb work for new ped crossing 6 $16,679 High 2 North St. at Gregg Ave. Signalized New 150 6 3 0 50 0 0 0 0 20 Access ramps and thermoplastic crosswalk 6 $18,245 High 3 Township St. at Azalea Terrace RRFB New 50 6 4 0 50 0 0 0 0 50 Access ramps, RRFB, crosswalk 4 $23,365 High 4 Salem Rd. Fairfax St.to Wedington Dr. West New 300 5 31 0 300 0 0 0 0 300 No Yes Install access ramps on street corners (Asphalt Overlay) 23 $44,790 High 3 Old Wire Rd. Strawberry Dr. to Azalea Terrace RRFB New 100 6 3 0 150 80 1 100 3 1001 RRFB ped crossing, ramps, sidewalk work 15 $46,769 800 47 0 800 80 1 100 3 720 (Feet) (Each) (Each) (Feet) (Feet) (Each) (Feet) (Feet) 2024 Sidewalk Maintenance Repairs Sidewalk Ramps Drives Curb Pipe Drain Bx R. Wall R. Wall Street Need Eng Ward Street From To Placement Tvpe Lenath Width Each Each Feet Feet Each L Ft. Ht. Repair R/W Comments 61 $180,969 (Days) Est. Const. Est. Material Time Cost 1 MLK Jr. Blvd Block Ave. East Ave. North Rep 1 20 4 1 0 10 0 0 0 0 10 No No Replace sidewalk 2 $1,663 1 Mill Ave. Rock St. South St. West Rep 5 4 0 0 0 0 0 0 0 0 No No Replace missing section 2 $255 1 South St. College Ave. Mill Ave. North New 25 5 0 0 0 0 0 0 0 0 No No Fill missing gap 2 $1,593 2 Maple St. Lincoln Ave. Park Ave. East Rep 75 4 1 0 20 0 0 0 0 20 No No Sidewalk replacement 2 $4,934 2 Vista PI. Holly St. Wedington Dr. West Rep 0 0 0 1 0 0 0 0 0 0 No No Replace approach 2 $6,160 31 Frontier Elm Dr. Lantana Ln. Randall PI. North Rep 6001 5 2 01 0 01 0 0 01 0 No INo Sidewalk replacement 7 $38,570 3 Idlewood Way Brookhollow Xing Cul-de-sac North Rep 225 4 1 0 0 0 0 0 0 0 No No Sidewalk replacement 3 $11,641 3 Leawood Way Surrey Xing Leawood Way North Rep 250 4 1 0 0 0 0 0 0 0 No No Sidewalk replacement 3 $12,915 3 Mayberry Ln. Strawberry Dr. Cul-de-sac West Rep 65 2 0 0 50 0 0 0 0 50 No No Pour drainage swale 5 $3,999 3 Quail Creek Dr. Ripple Creek Prince William Dr. East Rep 100 4 0 0 0 0 0 0 0 0 No No Sidewalk replacement 2 $5,096 3 Tall Oaks Dr. 12 Oaks Dr. Big Oaks Dr. South Rep 200 4 0 1 30 0 0 0 0 301 No No Sidewalk replacement 4 $17,758 4 American Dr. Freedom PI. Cul-de-sac North Rep 501 4 1 01 0 01 0 0 0 0 No No Sidewalk replacement 2 $2,723 4 Carlsbad Trace Franciscan Tr. Acoma St. North Rep 65 6 2 0 25 0 0 0 0 25 No No Pour drainage swale 2 $6,490 4 Cornell St. Dartmouth Ave. Salem Rd. North Rep 20 4 1 0 25 0 0 0 0 25 No No Curb replacement 7 $2,365 4 Osage Bend Cleveland St. Sang Ave. West Rep 300 4 0 1 25 0 0 0 0 25 No No Trip - replace sections 5 $22,619 4 Woodridge Dr. Pine Crest Ave. Parkway Dr. North Rep 75 4 0 0 75 0 0 0 0 75 No No Sidewalk replacement 2 $7,336 2,075 10 3 260 0 0 0 0 260 (Feet) (Each) (Each) (Feet) (Feet) (Each) (Feet) (Feet) 52 $146,116 (Days) �, Contractor Projects 2023 Carry Over Sidewalk Ramps Drives Curb Pipe Drain Bx R. Wall R. Wall Street Need Eng Est. Const. 2 Ward Street From To Placement Type Length Width Each Each Feet Feet Each L Ft. Ht. Repair R/W Comments Time Cost 125.71 2 1 Leverett Ave. Sycamore St. I Hazel St. JWest IRep 1 1,6001 81 31 171 1,8501 01 31 01 01 1,850 Yes IYes ITurn key contract project 1 0 $440,907 2024 19.61 1 lHuntsville Rd. Blair Ave. iMorningside Dr. ISouth lNew 1 1,1001 121 21 71 1,1501 5001 61 2001 41 1,150 Yes IYes I Final design and additional right of way needed. TBD 19.11 11 MLK Jr. Blvd. I Church Ave. lWood Ave. ISouth INew 1 1,6001 81 261 151 1,7001 01 01 01 01 1,700 Yes IYes I Final design and additional right of way needed. TBD Page 40 of 560 Proposed Access Ramps Construction Install / replace access ramps in coordination with asphalt overlays. Sidewalk Ramps Curb Est. Const. Est. Ward Street From To Length Each Feet Time Cost 1 11th St. Dunn Ave. School Ave. 20 1 10 1 $2,118 1 Center St. College Ave. Walnut Ave. 40 2 20 2 $4,235 1 Duncan Ave. 12th St. 15th St. 20 1 10 1 $2,118 1 Mountain St. County Ave. Willow Ave. 20 1 10 1 $2,118 1 Sang Ave. Stone St. MLK Jr. Blvd. 60 3 30 3 $6,353 1 South St. Nelson Hackett Blvd. College Ave. 40 2 20 2 $4,235 1 Willow Ave. Center St. Huntsville Rd. 100 5 50 4 $10,588 2 Campbell Ave. Lafayette St. Watson St. 40 2 20 2 $4,235 2 Greenvalley Ave. Poplar St. Ash St. 120 6 60 5 $12,705 2 Hawthorn St. Gregg Ave. Vandeventer Ave. 40 2 20 2 $4,235 2 Ila St Wilson Ave. Park Ave. 20 1 10 1 $2,118 2 North St. Gregg Ave. College Ave. 40 2 20 2 $4,235 2 Rock St. (W) Church St. East St. 40 2 20 2 $4,235 2 Shady Ave. Ila St. Maple St. 80 4 40 3 $8,470 2 Vandeventer Ave. North St. Cleburn St. 40 2 20 2 $4,235 2 Watson St. West Ave. St. Charles Ave. 20 1 10 1 $2,118 2 Woolsey Ave. North St. Cleburn St. 80 4 40 3 $8,470 3 Adobe St. Valencia Ave. Villa Blvd. 180 9 90 8 $19,058 3 Applebury Dr. Cul-de-sac Hope St. 20 1 10 1 $2,118 3 Arroyo Ave. Drake St. Adobe St. 40 2 20 2 $4,235 3 Boxwood Dr. Old Wire Rd. Juniper St. 20 1 10 1 $2,118 3 Columbus PI. Columbus Blvd. Cul-de-sac 20 1 10 1 $2,118 3 Drake St. Villa Blvd. College Ave. 80 4 40 3 $8,470 3 Elizabeth Ave. Briarcliff St. Rolling Hills Dr. 80 4 40 3 $8,470 3 Front St. Joyce Blvd. Millsap Rd. 280 14 140 12 $29,645 3 Juniper St. Raintree Dr. Boxwood Dr. 20 1 10 1 $2,118 3 Valencia Ave. Drake St. Adobe St. 40 2 20 2 $4,235 3 Village Dr. Butternut Dr. Appleby Rd. 160 8 80 7 $16,940 4 Ann St. Timberline Dr. Weatherwood Ct. 120 6 60 5 $12,705 4 EI Paso Dr. Double Springs Rd. End 40 2 20 2 $4,235 4 Salem Rd. Fairfax St. Wedington Dr. 300 31 300 23 $44,790 4 Timbercrest Ave. Oakfield St. Mulberry St. 80 4 40 3 $8,470 4 Timberline Dr. Salem Rd. Oakfield St. 100 2 201 2 $8,057 4 Woodfield Way Timberline Dr. Oakfield St. 40 2 201 2 $4,235 Totals 2,440 135 1,340 110 $268,832 (Feet) (Each) (Feet) (Days) (Cost) Page 41 of 560 2024 & 2025 PAVING PLAN (2024) Model Year Superseg Desc &Street From Street To Street Classification Text Rehab Text Forced Selection Total Cost Begin PCI Post PCI if Rehabbed Post PCI no Rehab Length Rehab Group 2024 99995 - RAZORBACK RD Minor Arterial EM/FWM+Mod Overlay 2.0-3.0 True $150,887.00 1.00 94 0 5199.90 40 S RAZORBACK RD S RAZORBACK RD S RAZORBACK RD - 640.70 S RAZORBACK RD S RAZORBACK RD S RAZORBACK RD - 453.80 S RAZORBACK RD W MARTIN LUTHER KING JR BLVD W INDIAN TRL - 331.50 S RAZORBACK RD W INDIAN TRL S RAZORBACK RD - 388.40 S RAZORBACK RD S RAZORBACK RD S RAZORBACK RD - 283.90 S RAZORBACK RD S RAZORBACK RD W 15TH ST - 321.00 S RAZORBACK RD S RAZORBACK RD S RAZORBACK RD - 106.96 S RAZORBACK RD S RAZORBACK RD S RAZORBACK RD - 346.14 S RAZORBACK RD S RAZORBACK RD S RAZORBACK RD - 548.69 S RAZORBACK RD S RAZORBACK RD S RAZORBACK RD - 91.81 S RAZORBACK RD S RAZORBACK RD W INDIAN TRL - 389.20 S RAZORBACK RD S RAZORBACK RD S RAZORBACK RD - 85.97 S RAZORBACK RD S RAZORBACK RD S RAZORBACK RD - 135.33 S RAZORBACK RD S RAZORBACK RD W BAUM DR - 43.50 S RAZORBACK RD W BAUM DR S RAZORBACK RD - 43.80 S RAZORBACK RD S RAZORBACK RD W BAUM DR - 43.80 S RAZORBACK RD W BAUM DR S RAZORBACK RD - 43.40 S RAZORBACK RD S RAZORBACK RD W ATHLETIC DR - 40.00 S RAZORBACK RD W ATHLETIC DR S RAZORBACK RD - 59.10 S RAZORBACK RD S RAZORBACK RD W ATHLETIC DR - 59.10 S RAZORBACK RD W ATHLETIC DR S RAZORBACK RD - 40.20 S RAZORBACK RD S RAZORBACK RD S RAZORBACK RD - 320.80 S RAZORBACK RD S RAZORBACK RD W STADIUM DR - 166.40 S RAZORBACK RD W STADIUM DR S RAZORBACK RD - 216.40 2024 13400 - ILA ST ocal EM+Thin Overlay 1.5-2.0 True $29,331.00 66.30 92 64.9 1521.90 30 W ILA ST N LINCOLN AVE N SHADY AVE 74.80 424.30 W ILA ST N VANDEVENTER AVE N W ILSON AVE 52.50 476.70 W ILA ST N SHADY AVE N VANDEVENTER AVE 71.10 348.40 W ILA ST N PARK AVE N LINCOLN AVE 75.10 272.50 2024 10705 - CARDWELL LN Local FWM+Thick Overlay>2.0-3.0 True $13,854.00 46.40 96 44.6 421.50 50 W CARDWELL LN N RAZORBACK RD N OLIVER AVE 48.25 421.50 2024 3901 -DICKSON ST Major Collector EM/FWM+Mod Overlay 2.0-3.0 True $27,752.00 58.20 94 56.3 583.60 40 W DICKSON ST N WEST AVE W DICKSON ST 76.73 215.70 W DICKSON ST N SCHOOL AVE N WEST AVE 55.08 367.90 2024 9845 - SHADY AVE + OTHERS Local FWM+Thick Overlay>2.0-3.0 True $48,748.00 53.70 96 52 1323.90 50 N SHADY AVE W ILA ST W LOUISE ST 45.99 320.50 N VANDEVENTER W ILA ST W LOUISE ST 43.15 328.00 N VANDEVENTER W MAPLE ST W ILA 78.90 352.20 N SHADY AVE W MAPLE ST W ILA 48.54 323.20 2024 9240 - REAGAN ST + Others Local EM/FWM+Mod Overlay 2.0-3.0 +SP True $16,980.00 44.00 94 42.2 489.50 40 W REAGAN ST ALLEY 624 N ARKANSAS AVE 41.35 279.20 W REAGAN ST N GREGG AVE ALLEY 624 51.86 210.30 2024 4120 - EMERSON LN + Others Local EM/FWM+Mod Overlay 2.0-3.0 True $64,385.00 55.80 94 54 2170.20 40 N WOODLAWN DR E ROCKWOOD TRL E WOODLAWN DR 46.80 461.40 E WOODLAWN DR N MISSION BLVD N WOODLAWN DR 70.80 470.90 E EMERSON LN N MISSION BLVD N THOREAU LN 54.00 519.40 N THOREAU LN E EMERSON LN E BRYAN LN 41.90 224.60 E BRYAN LN N MISSION BLVD N THOREAU LN 57.00 493.90 2024 90010 - RUPPLE RD + rs inor Arterial EM/FWM+Mod Overlay 2.0-3.0 +SP True $267,200.00 72.90 94 71.1 5534.10 40 N RUPPLE RD N GOLF CLUB DR N RUPPLE RD 79.52 941.70 N RUPPLE RD N BEST FRIEND LN W ALBATROSS LOOP 62.05 542.70 N RUPPLE RD EDP N BEST FRIEND LN 71.24 467.90 N RUPPLE RD W MALTA LN N RUPPLE RD 73.00 415.00 N RUPPLE RD N RUPPLE RD W CONGRESSIONAL ST 88.75 415.50 N RUPPLE RD W WEDINGTON DR W CONGRESSIONAL ST 87.72 586.60 N RUPPLE RD W ALBATROSS LOOP N BEST FRIEND LN 80.60 548.60 N RUPPLE RD W ALBATROSS LOOP W STARRY NIGHT VW 62.96 460.50 N RUPPLE RD N RUPPLE RD W CHANTILLY DR 66.86 937.30 N RUPPLE RD N RUPPLE RD N RUPPLE RD 67.70 218.30 Page 42 of 560 2024 10800 - 111V Major Collector EM/FWM+Mod Overlay 2.0-3.0 True $12ENIM6. 94 68.8 3525.30 40 N SALEM RD W WEDINGTON DR W CHEVAUX DR 78.50 376.80 N SALEM RD W CHEVAUX DR W MICA ST 79.50 403.20 N SALEM RD W VASSAR ST W CORNELL ST 77.30 268.60 N SALEM RD W FAIRFAX ST EOP 52.00 105.10 N SALEM RD W BUCKEYE ST W ESSEX DR 44.20 267.10 N SALEM RD W PRINCETON ST W YALE ST 68.70 269.50 N SALEM RD W YALE ST W HARVARD ST 71.80 268.30 N SALEM RD W HARVARD ST W BUCKEYE ST 75.90 273.00 N SALEM RD N TIMBERLINE DR W VASSAR ST 70.40 94.70 N SALEM RD W CORNELL ST W PRINCETON ST 79.40 271.80 N SALEM RD W MICA ST N TIMBERLINE DR 71.70 653.50 N SALEM RD W ESSEX DR W FAIRFAX ST 43.80 273.70 2024 11160 - TIMBERLINE DR+Others Local EM/FWM+Mod Overlay 2.0-3.0 True $87,706.00 52.40 94 50.6 2618.60 40 N TIMBERLINE DR W ANNE ST W WOODFIELD WAY 49.10 265.90 W ANNE ST N WEATHERWOOD CT N TIMBERLINE DR 57.10 292.50 N TIMBERLINE DR N COLORADO DR W ANNE ST 55.50 427.40 N TIMBERLINE DR N SALEM RD N COLORADO DR 60.80 139.10 W OAKFIELD ST N WOODFIELD WAY N TIMBERLINE DR 58.70 324.20 N TIMBERRIDGE CT N TIMBERLINE DR EOP 42.70 313.50 N TIMBERLINE DR N TIMBERRIDGE CT W OAKFIELD ST 43.10 329.20 N TIMBERLINE DR W WOODFIELD WAY N TIMBERRIDGE CT 53.40 295.20 N WEATHERWOOD CT EOP N ANNE ST 57.30 231.60 2024 11920 - SELLE DR + Others Local EM/FWM+Mod Overlay 2.0-3.0 True $39,428.00 52.30 94 50.5 1423.90 40 W SELLE DR W CATO SPRINGS RD S EMMA AVE 49.90 1 1 772.70 W LAURA LEE ST S COLEMAN AVE EOP 47.00 166.00 W LAURA LEE ST S EMMA AVE S COLEMAN AVE 58.70 340.60 S COLEMAN AVE W LAURA LEE ST EOP 55.20 144.60 2024 12120 - DUNN AVE + Others Local EM/FWM+Mod Overlay 2.0-3.0 True 639nm 94 48.50 2131.2 40 S DUNN AVE W 11TH ST W 13TH ST 52.10 685.90 W 11TH ST S WEST AVE S DUNN AVE 59.80 357.50 W 11TH ST S SCHOOL AVE W 11TH ST 61.70 172.60 W 11TH ST W 11TH ST S WEST AVE 66.00 201.40 S DUNN AVE W NATIONAL ST W 11TH ST 35.90 465.80 W NATIONAL ST S DUNN AVE S LT COL LEROY POND AVE 44.10 248.00 2024 12220 - LEWIS AVE + Others Local EM/FWM+Mod Overlay 2.0-3.0 True $32,594.00 24.50 94 22.9 1231.40 40 S GABBARD DR W KAYWOOD LN EOP 25.90 149.00 W GABBARD DR W MITCHELL ST W KAYWOOD LN 34.60 242.60 W KAYWOOD LN EOP S GABBARD DR 21.00 266.50 S LEWIS AVE W STONE ST W MITCHELL ST 22.40 573.30 2024 13960 - VAN ASCHE DR + Others Minor Arterial EM+Thin Overlay 1.5-2.0 True 81989.00 7 92 69.60 3076.2 30 W VAN ASCHE DR W VAN ASCHE LOOP W VAN ASCHE DR 65.60 71.60 W VAN ASCHE DR W VAN ASCHE DR W VAN ASCHE DR 65.50 42.20 W VAN ASCHE DR N INVESTMENT DR W VAN ASCHE LOOP 72.10 226.30 W VAN ASCHE DR W VAN ASCHE LOOP N STEELE BLVD 81.00 482.00 W VAN ASCHE DR W VAN ASCHE DR W VAN ASCHE DR 69.20 472.90 W VAN ASCHE DR N INVESTMENT DR W VAN ASCHE LOOP 73.40 339.30 W VAN ASCHE DR W VAN ASCHE DR W VAN ASCHE DR 66.80 434.60 W VAN ASCHE DR N STEELE BLVD N INVESTMENT DR 73.60 710.30 W VAN ASCHE DR W VAN ASCHE DR W VAN ASCHE DR 66.80 66.10 W VAN ASCHE DR W VAN ASCHE DR W VAN ASCHE DR 66.80 230.90 2024 2080 -ABSHIER DR Local EM/FWM+Mod Overlay 2.0-3.0 True $23,294.00 51.60 94 49.9 970.70 40 E ABSHIER DR E NOBLE LN N HILLCREST AVE 51.60 536.30 E ABSHIER DR N COLLEGE AVE E NOBLE LN 65.00 434.40 2024 2180 - ADOBE ST + Others Local EM/FWM+Mod Overlay 2.0-3.0 True $64,362.00 .30 94 53.5 2059.30 40 N VALENCIA AVE E ADOBE ST E DRAKE ST 51.70 494.90 E ADOBE ST N SIERRA AVE N BARCELONA AVE 75.70 239.20 E ADOBE ST N ARROYO AVE N SIERRA AVE 61.20 268.60 N ARROYO AVE E ADOBE ST E DRAKE ST 47.90 526.80 E ADOBE ST N VALENCIA AVE N ARROYO AVE 55.50 261.80 E ADOBE ST N BARCELONA AVE N VILLA BLVD 53.40 268.00 Page 43 of 560 2024 2 Local EM/FWM+Mod Overlay 2.0-3.0+SP True $136,6 94 49.4 4000.80 40 E APPLEBURY DR E HOPE ST EOP 31.00 294.10 E COLUMBUS PL E COLUMBUS BLVD EDP 53.00 440.10 N EASTWOOD DR E HOPE ST E MISSION BLVD 53.50 691.20 E HOPE ST N KINGS DR N EASTWOOD DR 45.00 406.50 E COLUMBUS BLVD E COLUMBUS PL N EASTWOOD DR 61.00 458.60 E COLUMBUS BLVD N KINGS DR E COLUMBUS PL 62.80 219.30 E HOPE ST N EASTWOOD DR E APPLEBURY DR 1 1 51.10 1491.00 2024 7100 - NEW BRIDGE RD + Others Major Collector EM/FWM+Mod Overlay 2.0-3.0 True $129,325.00 52.40 94 50.5 4001.30 40 W NEW BRIDGE RD N FALLBROOK WAY N SUNSHINE RD 63.80 190.40 W NEW BRIDGE RD N BRIDGEPORT DR N TRILLIUM LN 62.90 188.60 N 51 STAVE W WEDINGTON DR N SUNSHINE RD 56.00 657.70 W NEW BRIDGE RD N SETTLEMENT LN N INDEPENDENCE LN 48.30 271.30 W NEW BRIDGE RD N DESARC WAY N COLONY WAY 49.30 568.00 W NEW BRIDGE RD N INDEPENDENCE PL N DESARC WAY 53.50 176.60 W NEW BRIDGE RD N TRILLIUM LN N SETTLEMENT LN 49.30 645.00 W NEW BRIDGE RD N BATSFORD DR N FALLBROOK WAY 47.90 401.80 W NEW BRIDGE RD N CANNONDALE DR N BATSFORD DR 55.40 576.50 W NEW BRIDGE RD N COLONY WAY N CANNONDALE DR 46.90 325.40 2024 7380 - APPLEBURY DR + Others Local EM/FWM+Mod Overlay 2.0-3.0 True $34,974.00 53.80 94 52 1406.60 40 N APPLEBURY DR N TANGLEBRIAR LN N TANGLEBRIAR LN 60.14 1066.70 N ANNA PL EOP E ROCKWOOD TRL 38.71 339.90 2024 7860-BOXWOOD DR+Others Local EM/FWM+Mod Overlay 2.0-3.0 True $61,772.00 55.20 94 53.4 1916.30 40 E JUNIPER ST N BOXWOOD DR N RAINTREE DR 73.00 249.40 N BOXWOOD DR E JUNIPER ST N OLD WIRE RD 52.03 767.60 N RAINTREE DR E JUNIPER ST N SUMAC DR 57.62 400.80 N BOXWOOD DR E MAGNOLIA DR E JUNIPER ST 54.02 105.90 N RAINTREE DR N SUMAC DR N OLD WIRE RD 56.87 392.60 2024 8920-VANDEVENTER AVE +Oth Local EM/FWM+Mod Overlay 2.0-3.0+SP True $103, .10 94 52.3 2925.50 40 N WOOLSEY AVE W CLEBURN ST W ADAMS ST 50.81 284.70 N VANDEVENTER AVE W CLEBURN ST W HAWTHORN ST 68.10 260.80 N VANDEVENTER AVE W HAWTHORN ST W ADAMS ST 43.97 351.20 W HAWTHORN ST N VANDEVENTER AVE N GREGG AVE 1 55.99 1 665.60 N WOOLSEY AVE W ADAMS ST W NORTH ST 60.15 345.00 W ADAMS ST N VANDEVENTER AVE N GREGG AVE 55.04 671.60 N VANDEVENTER AVE W ADAMS ST W NORTH ST 49A0 346.60 2024 3700 - DOGWOOD LN Local EM/FWM+Mod Overlay 2.0-3.0 +SP True $33,115.00 47.90 94 46.1 1517.90 40 E DOGWOOD LN E LAFAYETTE ST ALLEY 697 63.50 383.60 E DOGWOOD LN E MISSOURI WAY N ASSEMBLY DR 65.80 165.90 E DOGWOOD LN ALLEY 697 E MISSOURI WAY 38.60 968.40 2024 1931 -SOUTH ST Local EM/FWM+Mod Overlay 2.0-3.0 +SP True $35,324.00 83.40 94 82.4 973.60 40 E SOUTH ST S EAST AVE S COLLEGE AVE 86.20 518.60 W SOUTH ST S BLOCK AVE S NELSON HACKETT BLVD 78.90 186.70 W SOUTH ST S EAST AVE S BLOCK AVE 81.50 268.30 2024 12061-DUNCAN AVE Major Collector EM/FWM+Mod Overlay 2.0-3.0 True $32,197.00 63.60 94 62 1298.10 40 S DUNCAN AVE S VAN BUREN AVE W 15TH ST 59,90 586.70 S DUNCAN AVE W 12TH ST S VAN BUREN AVE 64.00 236.90 S DUNCAN AVE S BACARDI AVE W 12TH ST 69.70 474.50 2024 8580 - DOUBLE SPRINGS RD Minor Arterial EM/FWM+Mod Overlay 2.0-3.0 +SP True 20889.00 18.9 94 17.40 664.4 40 N DOUBLE SPRINGS RD W WEDINGTON DR N DOUBLE SPRINGS RD 20.57 664.40 2024 3581 -COLT DR Local EM/FWM+Mod Overlay 2.0-3.0 True $11,912.00 32.40 94 30.6 327.90 40 E COLT DR N GREEN ACRES RD EOP 32.60 327.90 2024 13181 CENTER ST+Others Major Collector EM/FWM+Mod Overlay 2.0-3.0 True 21727.00 61.7 94 60.20 736.1 40 W MEADOW ST N WEST AVE W MEADOW ST 65.95 277.50 W CENTER ST N WEST AVE W CENTER ST 58.80 318.60 W MEADOW ST EOP S GREGG ALY 56.60 54.30 W CENTER ST W MEADOW ST S GREGG AVE 69.90 85.70 2024 1 S BUTTERFIELD TRL W BAILEY DR PRIVATE 4045 Local 1 EM/FWM+Mod Overlay 2.0-3.0 True $20,5 31.10 839.20 40 S BUTTERFIELD TRL EOP W BAILEY DR 33.40 244.60 2024 9221 -GREGG AVE Local EM/FWM+Mod Overlay 2.0-3.0 True $16,997.00 82.30 81.2 722.50 40 N GREGG AVE ALLEY 318 ALLEY 333 87.60 175.90 N GREGG AVE ALLEY 333 W LAFAYETTE ST 88.48 402.40 N GREGG AVE W DICKSON ST ALLEY 318 63.04 144.20 Page 44 of 560 2024 9981 -LINDELL AVE Local EM/FWM+Mod Overlay 2.0-3.0 True $7,573.00 56.80 94 55.1 350.90 40 N LINDELL AVE W CLEVELAND ST W EAGLE ST 58.51 350.90 2024 10261-ALLEY 850+Others Local EM/FWM+Mod Overlay 2.0-3.0 True $10,401.00 31.40 94 29.6 582.20 40 ALLEY 850 W DOUGLAS ST W CARAWAY ST 30.90 409.70 W CARAWAY ST ALLEY 850 N STORER AVE 32.20 172.50 2024 11280 - LAWSON ST Local EM/FWM+Mod Overlay 2.0-3.0 True $23,639.00 22.90 94 21.3 1318.70 40 W LAWSON ST N WOOLSEY AVE N VANDEVENTER AVE 35.00 610.20 W LAWSON ST N VANDEVENTER AVE N GREGG AVE 14.30 708.50 2024 8661 - CENTER ST Major Collector EM/FWM+Mod Overlay 2.0-3.0 +SP True 13375.00 35.3 94 33.40 348.5 40 W CENTER ST N DUNCAN AVE S HARMON AVE 37.31 348.50 2024 4200 - MCCLINTON ST Local EM/FWM+Mod Overlay 2.0-3.0 True $26,783.00 56.50 1 94 54.7 1327.30 1 40 E MCCLINTON ST S WOOD AVE S JANELLE AVE 70.30 401.00 E MCCLINTON ST S JANELLE AVE S ELMHURST AVE 51.00 371.50 E MCCLINTON ST S ELMHURST AVE S MORNINGSIDE DR 50.70 554.80 2024 10621 - STEPHEN CARR MEMORIAL BLVD Major Collector EM/FWM+Mod Overlay 2.0-3.0 +SP True $62,877.00 45.30 94 1 43.4 1161.10 40 N STEPHEN CARR MEMORIAL BLVD N STEPHEN CARR MEMORIAL BLVD N EXIT 65 54.00 52.60 N STEPHEN CARR MEMORIAL BLVD N RAMP 65 S RAMP 65 49.60 853.60 N STEPHEN CARR MEMORIAL BLVD S EXIT 65 N HENBEST DR 32.90 197.00 N STEPHEN CARR MEMORIAL BLVD S EXIT 65 N HENBEST DR 33.50 57.90 2024 3260 - MOUNTAIN ST + Others Local EM/FWM+Mod Overlay 2.0-3.0 +SP True $133,300.00 52.80 94 51.1 5260.80 40 E CENTER ST S COUNTY AVE N MILL AVE 56.60 159.10 N COUNTY AVE E CENTER ST E CENTER ST 49.10 48.70 S WILLOW AVE E ROCK ST S WALKER RD 53.40 572.90 E CENTER ST S WILLOW AVE N WALNUT AVE 61.90 443.60 E MOUNTAIN ST E MOUNTAIN ST S WASHINGTON AVE 62.10 212.90 S WILLOW AVE E CENTER ST E MOUNTAIN ST 44.50 208.00 E MOUNTAIN ST S WASHINGTON AVE S WILLOW AVE 38.90 537.90 E MOUNTAIN ST E MOUNTAIN ST S COUNTY AVE 35.10 113.80 S WILLOW AVE E MOUNTAIN ST E ROCK ST 56.80 433.60 S WASHINGTON AVE E MOUNTAIN ST E ROCK ST 56.60 411.10 N COUNTY AVE E CENTER ST E MEADOW ST 38.10 166.60 E CENTER ST N COLLEGE AVE N COUNTY AVE 46.40 222.30 S COUNTY AVE E CENTER ST E MOUNTAIN ST 78.60 250.50 E CENTER ST N MILL AVE N WILLOW AVE 63.40 573.10 S WILLOW AVE E CENTER ST E SPRING ST 49.60 170.20 S WILLOW AVE S WALKER RD E HUNTSVILLE RD 61.20 736.50 2024 3280 - ROCK ST + Others JM Local EM/FWM+Mod Overlay 2.0-3.0 +SP True $85,871.00 45.10 94 43.3 3467.30 40 E ROCK ST ALLEY 36 S COLLEGE AVE 54.60 304.10 E ROCK ST S EAST AVE ALLEY 36 71.70 199.70 W ROCK ST S BLOCK AVE S CHURCH AVE 35.00 370.40 W ROCK ST S EAST AVE S BLOCK AVE 72.10 270.60 E ROCK ST S WALKER RD S KNERR DR 56.20 807.90 E ROCK ST S WILLOW AVE S WALKER RD 45.30 894.40 S KNERR DR E ROCK ST EOP - 620.20 2024 2200 - ZION RD WC 92 + Others Major Collector EM/FWM+Mod Overlay 2.0-3.0 True $84,038.00 70.50 94 68.9 2405.20 40 E ALBRIGHT RD E ALBRIGHT RD E ALBRIGHT RD 79.70 330.00 E ZION RD N CROSSOVER RD E ZION RD 67.40 1381.10 E ZION RD N CROSSOVER RD N CROSSOVER RD 66.70 19.70 E ZION RD E ZION RD E ZION RD 66.70 28.40 S GEORGE ANDERSON RD S GEORGE ANDERSON RD E ZION RD 77.90 646.00 2024 8740 - SHERYL AVE + Others AL Local EM/FWM+Mod Overlay 2.0-3.0 True $85,548.00 52.30 94 50.5 2821.20 40 N ELIZABETH AVE E ETON ST E CORTLAND ST 51.77 283.80 N ELIZABETH AVE E CORTLAND ST E BRIARCLIFF ST 61.67 277.70 N ELIZABETH AVE E ROLLING HILLS DR E ETON ST 60.55 710.20 N SHERYL AVE E ROLLING HILLS DR E HAROLD ST 50.01 1549.50 2024 90180 - WEST AVE Major Collector EM/FWM+Mod Overlay 2.0-3.0 True $23,403.00 54.60 94 M LL802.40 40 N WEST AVE W WATSON ST W LAFAYETTE ST 1 66.14 1 404.90 N WEST AVE W DICKSON ST W WATSON ST 46.12 397.50 2024 3801 -WATSON ST Local EM/FWM+Mod Oveday 2.0-3.0 True $2 .20 94 1372.50 40 W WATSON ST N CAMPBELL AVE N WEST AVE 80.10 591.80 W WATSON ST N ROLLSTON AVE N CAMPBELL AVE 52.60 124.50 W WATSON ST N THOMPSON AVE N ROLLSTON AVE 66.00 222.50 W WATSON ST ALLEY 164 N THOMPSON AVE 87.80 302.00 W WATSON ST N SAINT CHARLES AVE ALLEY 164 88.00 131.70 Page 45 of 560 2024 W Local EM/FWM+Mod Overlay 2.0-3.0 True $16,035.00 69.7 N CAMPBELL AVE W DICKSON ST W WATSON ST 59.37 398.70 N CAMPBELL AVE W WATSON ST W LAFAYETTE ST 86.50 405.00 2024 10720 - THOMPSON AVE + Others Local EM/FWM+Mod Overlay 2.0-3.0 True $41,923.00 64.7 2050.90 40 N ROLLSTON AVE W DICKSON ST W WATSON ST 29.70 401.30 N ROLLSTON AVE W WATSON ST W LAFAYETTE ST 75.20 405.80 W BOLES ST N SAINT CHARLES AVE N THOMPSON AVE 75.30 434.20 N THOMPSON AVE ALLEY 386 W LAFAYETTE ST 89.80 115.70 N THOMPSON AVE W DICKSON ST W WATSON ST 78.50 403.30 N THOMPSON AVE W WATSON ST ALLEY 362 76.40 106.70 N THOMPSON AVE ALLEY 362 W BOLES ST 67.80 95.80 N THOMPSON AVE W BOLES ST ALLEY 386 53.80 88.10 $2,434,461.00 79928.70 LF 15.14 MILES Page 46 of 560 2024 & 2025 PAVING PLAN (2025) Model Year Superseg Desc &Street 10360 - OLD MISSOURI RD + Others From Street To Street Classification Text M Rehab Text Forced Selection Total Cost .86 Begin PCI 70.30 Post PCI iftt Rehabbed Rehab Group N OLD MISSOURI RD E ELAINE ST E BROOKHAVEN DR 69.10 N OLD MISSOURI RD E BROOKHAVEN DR N OLD MISSOURI RD 66.30 N OLD MISSOURI RD N OLD MISSOURI RD N OLD MISSOURI RD 73.40 N OLD MISSOURI RD E FARGO RD E VENTURE PL 73.40 N OLD MISSOURI RD N OLD MISSOURI RD E FARGO RD 73.40 . N OLD MISSOURI RD E VENTURE PL E JOYCE BLVD 59.40 508.50 N OLD MISSOURI RD E STUBBLEFIELD RD E ELAINE AVE 77.90 952.10 2025 10480 - PARK AVE Minor Collector Super Thin 3/4" Overlay+SP False $20,273.44 90 70.1 1 0 20 N PARK AVE W CLEBURN ST W GECKO LN 80.90 391.40 N PARK AVE W PROSPECT ST W CLEBURN ST 63.80 638.10 N PARK AVE W GECKO LN W NORTH ST 83.70 245.50 2025 11300 - VANTAGE DR + Others Ill Minor Collector Super Thin 3/4" Overlay+SP False $99,298. 90 69.5 5170.20 20 N VANTAGE DR N VANTAGE DR N VANTAGE DR 75.70 497.50 N VANTAGE DR E AUGUSTINE LN E STEARNS ST 69.90 555.40 N VANTAGE DR E STEARNS ST N VANTAGE DR 70.90 1023.80 N VANTAGE DR E JOYCE BLVD E AUGUSTINE LN 71.60 460.00 N VANTAGE DR N VANTAGE DR N VANTAGE DR 82.80 475.00 N VANTAGE DR N VANTAGE DR E STEARNS ST 74.70 1022.70 N VANTAGE DR N VANTAGE DR N VANTAGE DR 75.50 497.50 N VANTAGE DR N VANTAGE DR N VANTAGE DR 65.20 477.70 N VANTAGE DR N VANTAGE DR E ZION RD 73.30 160.60 2025 11660 - B OD AVE Major Collector Super Thin 3/4" Overlay+SP False $25,400.68 71.70 90 70.2 1239.10 20 S BEECHWOOD AVE S BEECHWOOD AVE W CROWNE DR 67.60 314.20 S BEECHWOOD AVE W RICHMOND DR W 18TH ST 76.80 498.10 S BEECHWOOD AVE W CROWNE DR W RICHMOND DR 75.00 356.50 S BEECHWOOD AVE ROUNDABOUT 1009 S BEECHWOOD AVE 60.90 70.30 2025 12 Minor Collector Super Thin 3/4" Overlay+SP False $12,118.11 70.20 90 68.7 755.60 20 S SANG AVE W STONE ST W MITCHELL ST 68.60 569.10 S SANG AVE W OLD FARMINGTON RD W MARTIN LUTHER KIND JR BLVD 77.20 186.50 2025 13000 -ABILENE DR + Others Local Super Thin 3/4" Overlay+SP $39,060.73 70.40 90 69 2109.00 20 W COPPER RIDGE LN EDP N DOUBLE SPRINGS RD 70.60 640.70 W EL PASO DR W ABILENE DR N DOUBLE SPRINGS RD 68.80 560.30 W ABILENE DR E EL PASO DR N DOUBLE SPRINGS RD 75.10 812.10 W EL PASO DR EOP W ABILENE DR 63.70 95.90 2025 13140 - CATO SPRINGS RD Major Collector Super Thin 3/4" Overlay +SP False $64,519.80 71.80 90 70. 20 W CATO SPRINGS RD S CLOVER DR S FLORIDA WAY 74.90 165.50 W CATO SPRINGS RD S INNOVATION WAY S EMMA AVE 75.80 108.10 W CATO SPRINGS RD S SCHOOL AVE W SELLE DR 67.90 421.00 W CATO SPRINGS RD W CATO SPRINGS RD S GARLAND AVE 71.20 557.30 W CATO SPRINGS RD S LAVERNE AVE S CLINE AVE 81.40 159.10 W CATO SPRINGS RD S CLINE AVE S CLOVER DR 68.90 139.50 W CATO SPRINGS RD W SELLE DR S INNOVATION WAY 76.90 336.20 W CATO SPRINGS RD S EMMA AVE S COLEMAN AVE 79.90 261.30 W CATO SPRINGS RD S COLEMAN AVE S COLEMAN AVE 68.70 84.20 W CATO SPRINGS RD S COLEMAN AVE S LAVERNE AVE 78.00 568.50 W CATO SPRINGS RD S FLORIDA WAY W CATO SPRINGS RD 61.10 156.30 W CATO SPRINGS RD W CATO SPRINGS RD W CATO SPRINGS RD 61.10 151.60 2025 133 -GOOSE CREEK RD+Others Major Col lector Super Thin 3/4" Overlay +SP False $49,159.92 71.70 90 70.2 3W.30 20 W GOOSE CREEK RD S 85TH AVE S LITTLE ELM RD 73.90 2069.80 W GOOSE CREEK RD GOOSE CREEK RD S 85TH AVE 72.00 1232.50 2025 13540-MELMAR DR Local FWM+Thick Overlay >2.0-3.0+SP False $64,760.48 29.30 96 27.6 1485.20 50 W MELMAR DR N LEVERETT AVE W PEACHTREE DR 45.10 535.20 W MELMAR DR W PEACHTREE DR N GARLAND AVE 23.30 950.00 2025 13840 - PROSPECT ST Minor Collector EM/FWM+Mod Overlay 2.0-3.0+SP False $47,371.49 53.70 94 51.8 1564.80 40 W PROSPECT ST N PARK AVE N WOOLSEY AVE 57.20 405.50 W PROSPECT ST N VANDEVENTER AVE N WILSON AVE 53.50 475.50 W PROSPECT ST N WOOLSEY AVE N VANDEVENTER AVE 63.40 683.80 Page 47 of 560 2025 1820 - 13TH ST + Others Local Super Thin 3/4" Overlay +SP False $17,072.72 70.30 90 68.9 885.30 20 E 13TH ST S HAPPY HOLLOW RD S WARFORD DR 70.90 501.00 S HAPPY HOLLOW RD E 15TH ST E 13TH ST 75.90 171.70 S WARFORD DR E 13TH ST EDP 65.90 212.60 2025 4880-VILLAGE DR+Others Local EM/FWM+Mod Overlay 2.0-3.0 +SP False $63,764.36 53.30 94 51.5 1788.40 40 E VILLAGE DR EDP E MALINDA DR 42.30 122.30 E VILLAGE DR N BUTTERNUT DR E MARGARET PL 63.40 309.60 E VILLAGE DR E JASON DR N WAYNE DR 52.40 961.30 E JASON DR E APPLEBY RD E VILLAGE DR 59.40 395.20 2025 5560 - MILLSAP RD + Others Minor Collector Super Thin 3/4" Overlay+SP False $196,032.63 71.10 90 69.7 7881.50 20 E MILLSAP RD N FUTRALL DR N PLAINVIEW AVE 73.90 1525.80 E MILLSAP RD N PLAINVIEW AVE N COLLEGE AVE 73.60 1207.60 N NORTHHILLS BLVD E MONTE PAINTER DR ROUNDABOUT 1002 65.90 859.90 N NORTHHILLS BLVD E APPLEBY RD E MONTE PAINTER DR 71.20 829.00 N FUTRALL DR N WIMBERLY DR E MILLSAP RD 84.10 347.70 N FUTRALL DR N GREGG AVE N EXIT 150 73.00 1039.60 N FUTRALL DR ROUNDABOUT 1002 N WIMBERLY DR 74.60 988.80 ROUNDABOUT 1002 N NORTHHILLS BLVD N FUTRALL DR 71.10 137.00 ROUNDABOUT 1002 N FUTRALL DR N RAMP 150 64.10 44.80 ROUNDABOUT 1002 N EXIT 150 N FUTRALL DR 70.60 74.50 ROUNDABOUT 1002 N RAMP 150 N EXIT 150 62.50 82.50 N FUTRALL DR N EXIT 150 ROUNDABOUT 1002 76.80 607.20 ROUNDABOUT 1002 N FUTRALL DR N NORTHHILLS BLVD 67.00 137.10 2025 5680 - NORTH ST + Others Principal Arterial Super Thin 3/4" Overlay +SP False $65,672.69 71.60 90 69.6 2753.00 20 W NORTH ST N SHADY LN N VANDEVENTER AVE 78.70 202.70 W NORTH ST N VANDEVENTER AVE N VANDEVENTER AVE 78.40 105.70 W NORTH ST N VANDEVENTER AVE N GREGG AVE 75.70 551.20 E NORTH ST N HIGHLAND AVE N POLLARD AVE 66.90 420.70 W NORTH ST N HIGHLAND AVE N PARK AVE 78.10 414.00 W NORTH ST N PARK AVE N WOOLSEY AVE 68.70 413.20 W NORTH ST N WOOLSEY AVE N SHADY LN 71.90 458.70 E NORTH ST N POLLARD AVE N COLLEGE AVE 76.90 186.80 2025 5700 - NORTH ST Minor Arterial Super Thin 3/4" Overlay+SP False $48,241.06 70.70 90 68.9 2559.70 20 E NORTH ST N WASHINGTON AVE ALLEY 250 61.00 173.80 E NORTH ST N HILLCREST AVE W LAKERIDGE DR 78.30 344.60 E NORTH ST N WANEETAH AVE N HILLCREST AVE 78.00 331.00 E NORTH ST E LAKERIDGE DR N MISSION BLVD 71.80 263.00 E NORTH ST W LAKERIDGE DR E LAKEFRONT DR 83.10 405.50 E NORTH ST E LAKEFRONT DR E LAKEFRONT DR 65.00 383.40 E NORTH ST E LAKEFRONT DR E LAKERIDGE DR 75.80 128.10 E NORTH ST N COLLEGE AVE N WASHINGTON AVE 66.50 360.90 E NORTH ST ALLEY 250 N WANEETAH AVE 66.10 169.40 2025 6560 - STONE MOUNTAIN DR + Others Minor Collector Super Thin 3/4" Overlay +SP False $75,851.65 71.90 90 70.4 4224.90 20 E STONE MOUNTAIN DR E PEBBLESTONE DR N LIMESTONE DR 80.50 999.60 E STONE MOUNTAIN DR N CROSSOVER RD N STONE BRIDGE RD 68.10 1501.40 E STONE MOUNTAIN DR N STONE BRIDGE RD E PEBBLESTONE DR 80.50 319.40 E STONE MOUNTAIN DR N LIMESTONE DR EOP 81.00 139.20 N STONE BRIDGE RD E TUPELO HONEY DR E STONE MOUNTAIN DR 71.30 1265.30 2025 6700 - GREGG AVE +Others Minor Arterial Super Thin 3/4" Overlay +SP False $205,692.06 71.80 90 70.2 6926.80 20 N GREGG AVE W ELM ST PUBLIC 2401 84.20 445.40 N GREGG AVE W SPRUCE ST W SYCAMORE ST 81.60 722.40 N GREGG AVE W SYCAMORE ST W ASH ST 79.40 783.10 N DRAKE ST N COLLEGE AVE N VILLA BLVD 60.00 1266.40 E TOWNSHIP ST W TOWNSHIP ST N GREEN ACRES RD 84.20 394.10 W TOWNSHIP ST E TOWNSHIP ST N GREGG AVE 77.20 599.20 E TOWNSHIP ST N GREEN ACRES RD N COLLEGE AVE 69.30 1360.10 N GREGG AVE PUBLIC 2401 W TOWNSHIP ST 74.10 1356.10 Page 48 of 560 2025 7140 - PERSIMMON ST + Others Major Collector Super Thin 3/4" Overlay +SP False $94,806.63 72.10 90 70.6 5455.40 20 W PERSIMMON ST N DRYWOOD CREEK DR N REEDS BRIDGE DR 75.60 287.00 N 54TH AVE W PERSIMMON ST W PERSIMMON ST 49.40 233.50 N 54TH AVE W POISON SPRINGS DR W PERSIMMON ST 54.20 532.70 W PERSIMMON ST N SNYDERS BLUFF DR N LONE JACK DR 82.20 264.20 W PERSIMMON ST N LONE JACK DR W CANE HILL DR 82.30 290.20 W PERSIMMON ST W CANE HILL DR N DRYWOOD CREEK DR 78.50 286.80 W PERSIMMON ST N 54TH AVE N SNYDERS BLUFF DR 84.40 408.10 W PERSIMMON ST N MONROE STATION DR N DOUBLE SPRINGS RD 73.70 224.30 W PERSIMMON ST N ROCKY XING N MONROE STATION DR 77.50 982.00 W PERSIMMON ST N SABINE PASS RD N ROCKY XING 79.60 314.70 W PERSIMMON ST N COLD HARBOR AVE N DREWRYS BLUFF DR 79.80 326.70 W PERSIMMON ST N DREWRYS BLUFF DR N SABINE PASS RD 76.10 329.10 W PERSIMMON ST N REEDS BRIDGE DR N COLD HARBOR AVE 78.80 310.20 N 54TH AVF W DOT TIPTON RD W POISON SPRINGS DR 57.30 665.90 2025 7760 - GROUSE RD + Others Local Super Thin 3/4" Overlay +SP False $28,782.38 68.6 W GROUSE RD N DOWNS AVE N BERMUDA AVE 78.82 427.40 W GROUSE RD N BLUEGRASS PL N RUFFLE RD 77.91 173.70 W GROUSE RD N BERMUDA AVE N BLUEGRASS PL 81.32 270.00 N BLUEGRASS PL W HAYMAKER PL W GROUSE RD 68.45 681.40 W HAYMAKER PL N BLUEGRASS PL N RUFFLE RD 65.24 174.60 N DOWNS AVE W GROUSE RD N DOWNS AVE 56.37 129.80 2025 8720 - PEACHTREE DR + Others Local Super Thin 3/4" Overlay+SP False $40,988.75 71.50 90 70.1 2961.90 20 N SHADY AVE W POPLAR ST W PEAR ST 75.25 352.80 N EASY AVE W POPLAR ST W PEAR ST 77.04 351.00 W VAN GOGH PL N CHESTNUT AVE EDP 64.90 484.30 W PEACHTREE DR N LEVERETT AVE W MELMAR DR 78.11 768.20 W PEAR ST N SHADY AVE N EASY AVE 78.15 342.60 N SHADY AVE W PEAR ST EOP 66.44 318.30 N EASY AVE W PEAR ST EDP 87.75 344.70 2025 8940 - FRONT ST Minor Collector Super Thin 3/4" Overlay +SP False $64,85 7 N FRONT ST N FRONT ST E JOYCE BLVD 76.52 1309.00 N FRONT ST E MILLSAP RD E SAIN ST 74.68 887.50 N FRONT ST E SAIN ST N FRONT ST 74.98 740.20 N FRONT ST N FRONT ST N FRONT ST 74.98 317.90 2025 9100 - GREEN ACRES RD Minor Collector Super Thin 3/4" Overlay +SP False $47,558.38 72.30 90 70.8 2841.70 20 N GREEN ACRES RD E POPLAR ST E ELM ST 78.98 649.10 N GREEN ACRES RD E ELM ST E COLT SQUARE DR 81.70 847.00 N GREEN ACRES RD E COLT SQUARE DR E COLT DR 69.29 315.80 N GREEN ACRES RD E COLT DR N GREEN ACRES RD 75.04 591.10 N GREEN ACRES RD W COLT SQUARE DR E TOWNSHIP ST 66.46 438.70 2025 9120-TIMBERCREST AVE +Others Local EM/FWM+Mod Overlay 2.0-3.0 +SP False $107,121.74 53.60 94 51.8 2903.40 40 W MULBERRY ST N TIMBERCREST AVE N GREENLEAF DR 60.69 268.50 N TIMBERCREST AVE W MULBERRY ST W ANNE ST 54.12 655.50 N GREELEAF DR W MULBERRY ST W ANNE ST 62.58 441.90 W WOODFIELD WAY W OAKFIELD ST N TIMBERLINE DR 50.92 892.70 W OAKFIELD ST N TIMBERCREST AVE W WOODFIELD WAY 58.80 273.50 N TIMBERCREST AVE W ANNE ST W OAKFIELD ST 65.81 371.30 2025 9140-GREENVALLEYAVE +Others Local Super Thin 3/4" Overlay +SP False $39,538.52 70.10 90 68.7 2286.50 20 N GREENVALLEY AVE W MILLER ST W POPLAR ST 75.47 372.30 N WOODLAND AVE E SYCAMORE ST E ASH ST 69.74 421.40 N GREENVALLEY AVE W ASH ST W MILLER ST 74.03 702.10 N RENO DR E SYCAMORE ST EDP 88.72 214.20 W ASH ST N ASLAN PL N GREGG AVE 62.99 313.60 W ASH ST N WOOLSEY AVE N ASLAN PL 69.87 262.90 Page 49 of 560 2025 9980 - BERRY ST + Others Local EM/FW M+Mod Overlay 2.0-3.0 +SP False $54,021.77 $ 53.40 94.00 51.6 1757.1 40.00 W HUGHES ST N OAKLAND AVE ALLEY 970 62.71 173.70 W HUGHES ST N STORER AVE N OAKLAND AVE 52.71 267.10 N OAKLAND AVE W EAGLE ST W BERRY ST 50.51 351.20 W BERRY ST N STORER AVE N OAKLAND AVE 62.17 266.50 W BERRY ST ALLEY 848 N STORER AVE 41.87 183.70 W BERRY ST ALLEY 970 N LINDELL AVE 68.37 176.50 W BERRY ST N LEVERETT AVE ALLEY 848 55.62 168.60 W BERRY ST N OAKLAND AVE ALLEY 970 63.44 169.80 2025 12585 - MORNINGSIDE DR AM Major Collector Super Thin 3/4" Overlay +SP False $41,744.98 70.30 90 68.8 2426.50 20 S MORNINGSIDE DR E 15H ST E PUMP STATION RD 73.34 2426.50 $1,693,606.29 76604.00 LF 14.51 MILES Page 50 of 560 CITY OF CITY COUNCIL MEMO FAYETTEVILLE ARKANSAS 2024-1710 MEETING OF FEBRUARY 13, 2024 TO: Mayor Jordan and City Council THRU: FROM: Waylon Abernathy, Bond Projects & Construction Dir SUBJECT: Bid 23-47 Construction Contract with JBZ Icn. dba Ellingson Contracting for Porter Warehouse Stabilization and approve a project contingency. RECOMMENDATION: Approval of Bid 23-47 Construction Contract with JBZ, Inc. dba Ellingson Contracting for the stabilization of the Porter Warehouse in the amount of $733,746.00 and a project contingency in the amount of $35,000.00. BACKGROUND: In 2019, Revival Architecture provided a building condition assessment, a historical report, and temporary stabilization drawings. That same year, facilities staff procured vendors to provide those stabilization measures. In 2020, the building was placed on the Historical Register. In 2023, Revival Architect Contract 2023-32 was amended to provide bid documents and bid assistance for the Masonary Stabilization Project. DISCUSSION: On December 10, 2023, Purchasing received bids for the Porter Warehouse stabilization. JBZ, d/b/a Ellingson Contracting was selected based on their qualifications related to historical structures, and their proposed cost associated with the work. Ellingson completed the Woolsey Farmhouse reconstruction. We were pleased with their quality and performance. The scope of work on this project includes foundation stabilization, remove and reconstruct the masonry wall with existing brick, tuckpoint south and west masonry walls. New exterior doors, windows and louvers, roof beam supports, and new entry stairs. BUDGET/STAFF IMPACT: Approved Capital Funds from 4470.090.8900-5400.00 Building and Grounds, 20001.1 Porter Warehouse Stabilization. ATTACHMENTS: SRF (#3), Bid 23-47 Contract (#4), Bid 23-47, Submittal - Ellingson Contracting (JBZ, Inc) - E (#5), Bid 23-47, Appendix C - Bid Tab (#6) Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 51 of 560 == City of Fayetteville, Arkansas y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2024-1710 Bid 23-47 Construction Contract with JBZ Icn. dba Ellingson Contracting for Porter Warehouse Stabilization and approve a project contingency. A RESOLUTION TO AWARD BID #23-47 AND AUTHORIZE A CONTRACT WITH JBZ, INC. D/B/A ELLINGSON CONTRACTING IN THE AMOUNT OF $733,746.00 FOR THE STABILIZATION OF THE PORTER WAREHOUSE, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $35,000.00 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 awards Bid #23-47 and authorizes Mayor Jordan to sign a contract with JBZ, Inc. d/b/a Ellingson Contracting in the amount of $733,746.00 for the stabilization of the Porter Warehouse, and further approves a project contingency in the amount of $35,000.00. Page 1 Page 52 of 560 City of Fayetteville Staff Review Form 2024-1710 Item ID 2/20/2024 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Wade Abernathy 1/30/2024 FACILITIES MANAGEMENT (140) Submitted By Submitted Date Division / Department Action Recommendation: Approval of Bid 23-47 Construction Contract with JBZ Inc., dba Ellingson Construction for the Porter Warehouse Stabilization in the amount of $733,746.00 and approve a project Contingency in the amount of $35,000. Budget Impact: 4470.090.8900-5400.00 Building and Grounds Maintenance Account Number Fund 20001 Portar Warehouse Stabilization Project Number Project Title Budgeted Item? Yes Does item have a direct cost? Yes Is a Budget Adjustment attached? No Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget $ 835, 600.00 835,bU0.00 $ 768,745.00 66,855.00 V20221130 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: Page 53 of 560 CITY OF FAYETTEVILLE ARKANSAS Contract for Services Construction — Porter Warehouse Stabilization Contractor: JBZ, Inc. dba Ellingson Contracting Term: Single Project THIS AGREEMENT (Contract) is made this day of , 2024, by and between City of Fayetteville, Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE or CITY) and JBZ, Inc. dba Ellingson Contracting (CONTRACTOR or ELLINGSON). CITY OF FAYETTEVILLE from time to time requires professional construction services in connection with construction projects. Therefore, CITY OF FAYETTEVILLE and CONTRACTOR, in consideration of their mutual covenants, agree as follows: Work performed by CONTRACTOR shall be performed under valid, active, current license with the Arkansas Contractor's Licensing Board. CONTRACTOR shall follow all federal, state, and local laws at all times. 1. Contracted parties and relationship: a. This agreement shall be binding between all parties. Fees shall be provided as identified in appendices. i. ELLINGSON's Tax identification number (TIN) ending in 8929 ii. ELLINGSON's Arkansas Contractor License No. 0324340324 iii. ELLINGSON's Secretary of State Filing No. 800184726 b. Parties agree to act on the basis of mutual trust, good faith, and fair dealing, and perform in a fiscally responsible and timely manner. Parties shall each endeavor to promote harmony and cooperation among all Project participants. 2. Entire Agreement and Exhibits: This Agreement sets forth the entire agreement and understanding between the parties on the subject matter of this Agreement. Neither party shall be bound by any conditions, definitions, representations or warranties with respect to the subject matter of this Agreement other than those as expressly provided herein. a. Appendices included under this agreement include the following: Appendix A: City Issued Bid identified as Bid 23-47, Construction — Porter Warehouse Stabilization with the specifications and conditions typed thereon inclusive of all bidding documents, plans and drawings, and issued addenda. ii. Appendix B: ELLINGSON's Bid Submittal iii. Appendix C: Bid Tabulation iv. Appendix D: ELLINGSON's Certificate of Insurance v. Appendix E: ELLINGSON's 100% Performance and Payment Bonds 1. Appendix D and E shall be submitted to the CITY within the timeframe identified in the bid documents or 10 (ten) calendar days. b. This agreement may be modified only by a duly executed written instrument signed by the CITY and CONTRACTOR. c. ORDER OF PRECEDENCE: In case of any inconsistency, conflict, or ambiguity among the Contract Documents, the documents shall govern in the following order: (a) Change Orders and written CONTRACT: Bid 23-47, Construction — Porter Warehouse Stabilization Page 1 of 19 City of Fayetteville, AR Page 54 of 560 amendments to this Agreement which are executed by all parties; (b) the Agreement; (c) ELLINGSON's Proposal (d) City's published bid and associated Addenda. 3. Notices: Any notice required under this Agreement shall be in writing, address to the appropriate party at the following addresses: a. City of Fayetteville: Attention: Mayor Lioneld Jordan, 113 W. Mountain, Fayetteville, AR 72701 b. Contractor: JBZ, Inc. dba Ellingson Contracting, 108 E. University St., Siloam Springs, AR 72761 4. Definitions: a. Unless otherwise specifically defined in this Agreement, any terms that have well-known technical or trade meanings shall be interpreted in accordance with their well-known meanings. b. "Business Day" means all Days, except weekends and official federal or state holidays where the Project is located. c. A "Change Order' is a written order signed by all Parties after execution of this Agreement, indicating changes in the scope of the Work, and Date of Substantial Completion or Date of Final Completion. d. "Contract Time" is the period between the Date of Notice to Proceed and the total time authorized to achieve Final Completion. e. The "Contractor" is the person or entity identified in this contract and includes Contractor's Representative. f. "Cost of the Work" means the total costs and discounts charged to the City. g. "Day' means a calendar day unless otherwise specified. h. "Defective Work" is any portion of the Work that that does not conform with the requirements of the Contract Documents. i. "Design Professional" means the licensed architect or engineer retained by the City and its subconsultants, to perform design or engineering services for the Project. j. "Final Completion" occurs on the date when Contractor's obligations under this Agreement are complete and accepted by City and final payment becomes due and payable. This date shall be confirmed by a Certificate of Final Completion signed by all Parties. k. "Hazardous Material" is any substance or material identified now or in the future as hazardous under the Law, or any other substance or material that may be considered hazardous or otherwise subject to statutory or regulatory requirement governing handling, disposal, or cleanup. I. "Interim Directive" is a written order containing change to the Work directed by and in consultation with City and Design Professional after execution of this Agreement and before Substantial Completion. Interim Directives shall be consolidated and formalized in a change order to be signed by all parties. m. "Law" means federal, state, constitutional, or local laws, ordinances, codes, rules, and regulations applicable to the Work with which Contractor must comply that are enacted as of the Agreement date. n. "Others" means City's other: (a) contractors/constructors, (b) suppliers, (c) subcontractors, sub subcontractors, or suppliers of (a) and (b); and others employed directly or indirectly by (a), (b), or (c) or any by any of them or for whose acts any of them may be liable. o. "Overhead" means (a) payroll costs, burden, and other compensation of Contractor's employees in Contractor's principal and branch offices for work associated with this project. p. "Owner" is the City of Fayetteville, Arkansas (City). CONTRACT: Bid 23-47, Construction — Porter Warehouse Stabilization Page 2 of 19 City of Fayetteville, AR Page 55 of 560 q. The "Owner's Program" is an initial description of Owner's objectives, including budgetary and time criteria, space requirements and relationships, flexibility and expandability requirements, special equipment and systems, site requirements, and any requirements for phased occupancy. r. The "Parties" are collectively City and Contractor. s. The "Project," is the building, facility, or other improvements for which Contractor is to perform Work under this Agreement. It may also include construction by Owner or Others. t. The "Schedule of the Work" is the document prepared by Contractor that specifies the dates on which Contractor plans to begin and complete various parts of the Work, including dates on which information and approvals are required from City. u. "Subcontractor" is a person or entity retained by Contractor as an independent contractor to provide the labor, materials, equipment, or services necessary to complete a specific portion of the Work. The term Subcontractor does not include Design Professional or Others. v. "Substantial Completion" of the Work, or of a designated portion, occurs on the date when the Work is sufficiently complete in accordance with the Contract Documents so that City may occupy or utilize the Work, or a designated portion, for the use for which it is intended, without unapproved disruption. This date shall be confirmed by a certificate of Substantial Completion signed by all Parties. w. A "Sub subcontractor" is a person or entity who has an agreement with a Subcontractor or another sub subcontractor or Supplier to perform a portion of the Subcontractor's Work or supply material or equipment. x. A "Supplier" is a person or entity retained by Contractor to provide material or equipment for the Work. y. "Terrorism" means a violent act, or an act that is dangerous to human life, property, or infrastructure, that is committed by an individual or individuals and that appears to be part of an effort to coerce a civilian population or to influence the policy or affect the conduct of any government by coercion. Terrorism includes, but is not limited to, any act certified by the United States government as an act of terrorism pursuant to the Terrorism Risk Insurance Act, as amended. z. "Work" means the construction services necessary or incidental to fulfill Contractor's obligations for the Project in accordance with and reasonably inferable from the Contract Documents. The Work may refer to the whole Project or only a part of the Project if work is also being performed by Owner or Others. aa. "Worksite" means the area of the Project where the Work is to be performed. bb. "Bi-monthly basis" means every fourteen to sixteen calendar days. 5. General Provisions: a. ETHICS: All parties shall perform with integrity. Each shall avoid conflicts of interest and promptly disclose to any other party any conflicts that may arise. All parties warrant that it has not and shall not pay or receive any contingent fees or gratuities to or from any other party, including agents, officer's employers, Subcontractors, Sub subcontractors, Suppliers, Volunteers, Elected Officials, or Others to secure preferential treatment. b. WORKMANSHIP: The Work shall be executed in accordance with the Contract Documents. All materials used in the Work shall be furnished in sufficient quantities to facilitate the proper and expeditious execution of the Work and shall be new except as otherwise provided in the Contract Documents. c. MATERIALS FURNISHED BY CITY OR OTHERS: If the Work includes installation of materials or equipment furnished by CITY or Others, it shall be the responsibility of the CONTRACTOR to examine the items so provided and thereupon handle, store, and install the items, unless otherwise provided in the Contract Documents, with such skill and care as to provide a satisfactory and proper installation. Loss or damage CONTRACT: Bid 23-47, Construction — Porter Warehouse Stabilization Page 3 of 19 City of Fayetteville, AR Page 56 of 560 due to acts or omissions of the CONTRACTOR shall be the responsibility of CONTRACTOR and may be deducted from any amounts due or to become due. Any defects discovered in such materials or equipment shall be reported at once to the CITY and the CITY's contracted third -party Design Professional. Following receipt of written notice from CONTRACTOR of defects, CITY and Design Professional shall promptly inform the CITY what action, if any, CONTRACTOR shall take with regard to the defects. d. WORKSITE VISIT: CONTRACTOR acknowledges that they have visited, or has had the opportunity to visit, the Worksite to visually inspect the general and local conditions which could affect the Work. e. CONTRACTOR shall perform all duties and responsibilities necessary to coordinate the various parts of the Work and to prepare its Work for the work of CITY or Others. f. Cutting, patching, or altering the work of CITY or Others shall be done with the prior written approval of CITY and Design Professional. Such approval shall not be unreasonably withheld. g. COMPLIANCE WITH LAWS: CONTRACTOR shall comply with all laws at their own cost. CONTRACTOR shall be liable to CITY for all loss, cost, or expense attributable to any acts or omissions by CONTRACTOR, its employees, subcontractors, suppliers, and agents for failure to comply with laws, including fines, penalties, or corrective measures. h. COST OF CORRECTING DAMAGED OR DESTROYED WORK: With regard to damage or loss attributable to the acts or omissions of CITY or Others and not to CONTRACTOR, CITY may either (a) promptly remedy the damage or loss and assume affected warranty responsibilities, (b) accept the damage or loss, or (c) issue a Change Order to remedy the damage or loss. If CONTRACTOR incurs costs or is delayed due to such loss or damage, CONTRACTOR may seek an equitable adjustment in the Cost of the Work, Date of Substantial Completion or Date of Final Completion. Any equitable adjustment shall be approved by all parties. i. Taxes and Permits: CONTRACTOR shall give public authorities all notices required by law and shall obtain and pay for all necessary permits, licenses, and renewals pertaining to the Work. CONTRACTOR shall provide to CITY copies of all notices, permits, licenses, and renewals required under this Agreement. i. CONTRACTOR shall pay applicable taxes and permit fees associated with the entire project. j. DISCOUNTS: All discounts for prompt payment shall accrue to CITY. All trade discounts, rebates, and refunds, and all returns from sale of surplus materials and equipment, shall be credited to the Cost of the Work, or directly to the CITY after final payment. k. CITY may occupy or use completed or partially completed portions of the Work when (a) the portion of the Work is designated in a Certificate of Substantial Completion, (b) appropriate insurer(s) consent to the occupancy or use, and (c) public authorities authorize the occupancy or use. CONTRACTOR shall not unreasonably withhold consent to partial occupancy or use. I. EXTENT OF AGREEMENT: Except as expressly provided, this Agreement is for the exclusive benefit of all Parties, and not the benefit of any third party. This Agreement represents the entire and integrated agreement between the Parties, and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement and each and every provision is for the exclusive benefit of all Parties and not for the benefit of any third party. m. ASSIGNMENT: Except as to the assignment of proceeds, no Party shall assign their interest in this Agreement without the written consent of the other Party. The terms and conditions of this Agreement shall be binding upon all Parties, their partners, successors, assigns, and legal representatives. No Party shall assign the Agreement without written consent of the other. n. Where figures are given, they shall be preferred to scaled dimensions. CONTRACT: Bid 23-47, Construction — Porter Warehouse Stabilization Page 4 of 19 City of Fayetteville, AR Page 57 of 560 o. The drawings and specifications are complementary. If Work is shown only on one but not on the other, CONTRACTOR shall perform the Work as though fully described on both. CONTRACTOR shall seek clarification from the CITY or the CITY's third -party Design Professional for any discrepancies. p. In case of conflicts between the drawings and specifications, the specifications shall govern unless otherwise stated in the bidding documents. In any case of omissions or errors in figures, drawings, or specifications, CONTRACTOR shall immediately submit the matter to CITY and Design Professional for clarification. The CITY's clarifications are final and binding, which may include third -party Design Professional content. q. DEBARMENT AND SUSPENSION: By execution of this agreement, CONTRACTOR certifies that to the best of its knowledge and belief that the CONTRACTOR and its principals: i. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; ii. Have not, within a three year period preceding this proposal, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction, violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; iii. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (2) of this certification; and iv. Have not within a three-year period preceding this application/proposal, had one or more public transactions (Federal, State, or local) terminated for cause or default. v. CONTRACTOR understands that a false statement on certification regarding debarment and suspension may be grounds for rejection of this proposal or termination of the award. In addition, under 18 USC Sec. 1001, a false statement may result in a fine. I further certify that I will obtain a similar certification for each subcontract awarded in excess of $50,000. vi. Certifications for subcontracts or sub subcontracts executed under this agreement shall include all language in this section. 6. Contract Document Review and Administration a. Before commencing the Work, CONTRACTOR shall examine and compare the drawings and specifications with information furnished by the CITY and Design Professional that are considered Contract Documents, relevant field measurements made by CONTRACTOR, and any visible conditions at the Worksite affecting the Work. b. Should CONTRACTOR discover any errors, omissions, or inconsistencies in the Contract Documents, CONTRACTOR shall promptly report them to the CITY and Design Professional. Following receipt of written notice from CONTRACTOR of defects, City shall promptly inform CONTRACTOR what action, if any, CONTRACTOR shall take with regard to the defect. c. Nothing in this section shall relieve CONTRACTOR of responsibility for its own errors, inconsistencies, or omissions. CONTRACT: Bid 23-47, Construction — Porter Warehouse Stabilization Page 5 of 19 City of Fayetteville, AR Page 58 of 560 7. Warranty a. CONTRACTOR warrants all materials and equipment furnished under the Construction Phase of this Agreement will be new unless otherwise specified, of good quality, in conformance with the Contract Documents, and free from defective workmanship and materials. At CITY or Design Professional request, CONTRACTOR shall furnish satisfactory evidence of the quality and type of materials and equipment furnished. CONTRACTOR further warrants all Work shall be free from material defects not intrinsic in the design or materials required in the Contract Documents. CONTRACTOR's warranty does not include remedies for defects or damages caused by normal wear and tear during normal usage beyond the warranty period, use for a purpose for which the Project was not intended, improper or insufficient maintenance, modifications performed by the CITY or others, or abuse. CONTRACTOR's warranty shall commence on the Date of Final Completion of the Project. b. To the extent products, equipment, systems, or materials incorporated in the Work are specified and purchased by the CITY, they shall be covered exclusively by the warranty of the manufacturer. There are no warranties which extend beyond the description on the face of any such warranty. For such incorporated items, ALL OTHER WARRANTIES EXPRESSED OR IMPLIED INCLUDING THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED. c. CONTRACTOR shall obtain from its Subcontractors and Suppliers any special or extended warranties required by the Contract Documents. CONTRACTOR 's liability for such warranties shall be limited to the one-year correction period, as further defined in this Agreement. After that period CONTRACTOR shall provide full and comprehensive assistance to the CITY in enforcing the obligations of Subcontractors or Suppliers for such extended warranties. d. Correction of Work If before Substantial Completion or within two -years after the date of Final Completion of the Work any Defective Work is found, CITY shall promptly notify CONTRACTOR in writing. Unless CITY provides written acceptance of the condition, CONTRACTOR shall promptly correct the Defective Work at its own cost and time and bear the expense of additional services required for correction of any Defective Work for which it is responsible. If within the two-year correction period CITY discovers and does not promptly notify CONTRACTOR or give CONTRACTOR an opportunity to test or correct Defective Work as reasonably requested by CONTRACTOR, CITY waives CONTRACTOR's obligation to correct that Defective Work as well as CITY's right to claim a breach of the warranty with respect to that Defective Work. ii. If CONTRACTOR fails to correct Defective Work within a reasonable time after receipt of written notice from CITY before final payment, CITY may correct it in accordance with Owner's right to carry out the Work. In such case, an appropriate Change Order shall be issued deducting the cost of correcting the Defective Work from payments then or thereafter due CONTRACTOR. If payments then or thereafter due CONTRACTOR are not sufficient to cover such amounts, CONTRACTOR shall pay the difference to CITY. iii. CONTRACTOR's obligations and liability, if any, with respect to any Defective Work discovered after the two-year correction period shall be determined by the Law. If, after the two-year correction period but before the applicable limitation period has expired, CITY discovers any Work which CITY considers Defective Work, CITY shall, unless the Defective Work requires emergency correction, promptly notify CONTRACTOR and allow CONTRACTOR an opportunity to correct the Work if CONTRACTOR elects to do so. If CONTRACTOR elects to correct the Work, it shall provide written notice of such intent within fourteen (14) Days of its receipt of notice from CITY and shall complete the correction of Work within a mutually agreed timeframe. If CONTRACTOR does not elect to correct the Work, CITY may have the Work corrected by itself or CONTRACT: Bid 23-47, Construction — Porter Warehouse Stabilization Page 6 of 19 City of Fayetteville, AR Page 59 of 560 Others, and, if CITY intends to seek recovery of those costs from CONTRACTOR, CITY shall promptly provide CONTRACTOR with an accounting of the actual correction costs. iv. If CONTRACTOR 's correction or removal of Defective Work causes damage to or destroys other completed or partially completed work or existing building, CONTRACTOR shall be responsible for the cost of correcting the destroyed or damaged property. v. The two-year period for correction of Defective Work does not constitute a limitation period with respect to the enforcement of CONTRACTOR's other obligations under the Contract Documents. vi. Before final payment, at City option and with CONTRACTOR's agreement, CITY may elect to accept Defective Work rather than require its removal and correction. In such cases the contract shall be equitably adjusted for any diminution in the value, as determined by CITY, of the Project caused by such Defective Work via formal written change order. 8. Safety of Persons and Property a. SAFETY PROGRAMS: CONTRACTOR holds overall responsibility for safety programs. However, such obligation does not relieve Subcontractors of their safety responsibilities and to comply with the Law. CONTRACTOR shall prevent against injury, loss, or damage to persons or property by taking reasonable steps to protect: (a) its employees and other persons at the Worksite; (b) materials and equipment stored at onsite or offsite locations for use in performing the Work; and (c) property located at the Worksite and adjacent to work areas, whether or not the property is part of the Worksite. b. CONTRACTOR'S SAFETY REPRESENTATIVE: CONTRACTOR shall designate an individual at the Worksite in its employ as its safety representative. Unless otherwise identified by CONTRACTOR in writing to CITY, CONTRACTOR's project superintendent shall serve as its safety representative. CONTRACTOR shall report promptly in writing all recordable accidents and injuries occurring at the Worksite. When CONTRACTOR is required to file an accident report with a public authority, CONTRACTOR shall furnish a copy of the report to CITY. c. CONTRACTOR shall provide CITY with copies of all notices required of CONTRACTOR by the Law. CONTRACTOR's safety program shall comply with the requirements of governmental and quasi - governmental authorities having jurisdiction. i. Damage or loss not insured under property insurance that may arise from the Work, to the extent caused by negligent or intentionally wrongful acts or omissions of CONTRACTOR, or anyone for whose acts CONTRACTOR may be liable, shall be promptly remedied by CONTRACTOR. d. If CITY deems any part of the Work or Worksite unsafe, CITY, without assuming responsibility for CONTRACTOR's safety program, may require CONTRACTOR to stop performance of the Work, take corrective measures satisfactory to CITY. If CONTRACTOR does not adopt corrective measures, CITY may perform them and deduct their cost from the final payment to CONTRACTOR. CONTRACTOR agrees to make no claim for damages, or an increase in the final payment to CONTRACTOR, or for a change in the Dates of Substantial or Final Completion based on CONTRACTOR's compliance with CITY's reasonable request. 9. Subcontracts: a. BINDING OF SUBCONTRACTORS AND SUPPLIERS: CONTRACTOR agrees to bind every Subcontractor and Supplier and require every Subcontractor to so bind its subcontractors and significant supplier, to the Contract Documents as they apply to the Subcontractor's or Supplier's applicable provisions to that portion of the Work. CONTRACT: Bid 23-47, Construction — Porter Warehouse Stabilization Page 7 of 19 City of Fayetteville, AR Page 60 of 560 b. CONTRACTOR agrees not to subcontract CONTRACTOR at risk related services without prior written consent from the CITY. 10. Fees, Expenses, and Payments: a. 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 prices bid in ELLINGSON's Proposal (Appendix B) 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. b. Payments will be made after approval and acceptance of work and submission of invoice. Payments will be made approximately 30 days after approval of invoice. The CITY OF FAYETTEVILLE reserves the right to request receipts for materials purchased for the CITY from suppliers, subcontractors, or other sources. The CITY does not agree to any interest or penalty for "untimely" payments. c. The CITY reserves the right to withhold five percent (5%) retainage from all payments until project is completed in full. d. Not to exceed pricing shall include but not be limited to: i. Labor wages directly employed by CONTRACTOR in performing of the Work. ii. Salaries of CONTRACTOR's employees when stationed at the field office, in whatever capacity employed, employees engaged on the road expediting the production or transportation of material and equipment, and employees from the principal or branch office as mutually agreed by the Parties in writing. iii. Cost of all employee benefits and taxes, including but not limited to, workers' compensation, unemployment compensation, social security, health, welfare, retirement, and other fringe benefits as required by law, labor agreements, or paid under CONTRACTOR's standard personnel policy, insofar as such costs are paid to employees of CONTRACTOR who are included in the Cost of the Work. iv. Transportation, travel, hotel, and moving expenses of CONTRACTOR's personnel incurred in connection with the Work. v. Cost of all materials, supplies, and equipment incorporated in the Work, including costs of inspection and testing if not provided by City, transportation, storage, and handling. vi. Payments made by CONTRACTOR to Subcontractors for work performed under this Agreement. vii. Cost, including transportation and maintenance of all materials, supplies, equipment, temporary facilities, and hand tools not owned by the workers that are used or consumed in the performance of the Work, less salvage value or residual value; and cost less salvage value on such items used, but not consumed that remain the property of CONTRACTOR. viii. Rental charges of all necessary machinery and equipment, exclusive of hand tools owned by workers, used at the Worksite, whether rented from CONTRACTOR or others, including installation, repair, and replacement, dismantling, removal, maintenance, transportation, and delivery costs at competitive market rates. ix. Cost of the premiums for all insurance and surety, performance or payment bonds which CONTRACTOR is required to procure or deems necessary and approved by CITY. CONTRACT: Bid 23-47, Construction — Porter Warehouse Stabilization Page 8 of 19 City of Fayetteville, AR Page 61 of 560 x. Sales, use, gross receipts, or other taxes, tariffs, or duties related to the Work for which CONTRACTOR is liable. xi. Permits, taxes, fees, licenses, tests, royalties. xii. Losses, expenses, or damages to the extent not compensated by insurance or otherwise, and the cost of corrective work during the Construction Phase and for the warranty period. xiii. Costs associated with establishing, equipping, operating, maintaining, mobilizing and demobilizing the field office and site. xiv. Water, power, and fuel costs necessary for the Work. xv. Cost of removal of all nonhazardous substances, debris, and waste materials. xvi. Costs incurred due to an emergency affecting the safety of persons or property. xvii. Costs directly incurred in the performance of the Work or in connection with the Project, and not included in CONTRACTOR's Fee, which are reasonably inferable from the Contract Documents. e. STORED MATERIALS AND EQUIPMENT: Unless otherwise provided in the contract documents, applications for payment may include materials and equipment not yet incorporated into the Work but delivered to and suitably stored onsite or offsite including applicable insurance, storage, and costs incurred transporting the materials to an offsite storage facility. Approval of payment applications for stored materials and equipment stored offsite shall be conditioned on a submission by CONTRACTOR of bills of sale and proof of required insurance, or such other documentation satisfactory to CITY to establish the proper valuation of the stored materials and equipment, CITY's title to such materials and equipment, and to otherwise protect CITY's interests therein, including transportation to the Worksite. Materials and equipment stored offsite shall be in a bonded and insured secure facility. f. FINAL PAYMENT: Upon satisfactory completion of the work performed under this Agreement, as a condition before final payment under this Agreement, or as a termination settlement under this Agreement, CONTRACTOR shall execute and deliver to CITY OF FAYETTEVILLE a release of all claims against CITY OF FAYETTEVILLE arising under or by virtue of this Agreement, except claims which are specifically exempted by CONTRACTOR to be set forth therein. i. Unless otherwise provided in this Agreement or by State law or otherwise expressly agreed to by the parties to this Agreement, final payment under this Agreement or settlement upon termination of this Agreement shall not constitute a waiver of CITY OF FAYETTEVILLE's claims against CONTRACTOR or sureties under this Agreement. 11. Project Bonding - Performance and payment bonding: After execution of this contract by all parties, CONTRACTOR shall provide 100% separate performance and payment bonds from a bonding company, licensed to do business in the state of Arkansas. Bonds shall be provided within ten (10) calendar days after this contract has been executed by all parties and shall be file marked by the Washington County Circuit Clerk's Office upon receipt to the City. a. All bonds shall be listed with the U.S. Treasury Department listing of approved surety's (T-List) and shall be rated A+ minimum by A. M. Best. 12. Time: a. SUBSTANTIAL and FINAL COMPLETION: Date of Substantial Completion and the Date of Final Completion shall be established in the contract documents as a hard not -to -exceed date. b. Time is of the essence with regard to the obligations of the Contract Documents. CONTRACT: Bid 23-47, Construction — Porter Warehouse Stabilization Page 9 of 19 City of Fayetteville, AR Page 62 of 560 c. Unless instructed by CITY in writing, CONTRACTOR shall not knowingly commence the Work before the effective date of CONTRACTOR's required insurance and bonds and formal written and signed Purchase Order issued by the City of Fayetteville Purchasing Division. d. Schedule of Work: Before submitting its first application for payment, CONTRACTOR shall submit to CITY and, if directed, Design Professional, a Schedule of the Work showing the dates on which CONTRACTOR plans to begin and complete various parts of the Work, including dates on which information and approvals are required from CITY. Except as otherwise directed by CITY, CONTRACTOR shall comply with the approved Schedule of the Work or CONTRACTOR. CITY may determine the sequence in which the Work shall be performed, provided it does not unreasonably interfere with the approved project schedule. CITY may require CONTRACTOR to make reasonable changes in the sequence at any time during the performance of the Work in order to facilitate the performance of work by CITY or Others. If CONTRACTOR consequently incurs costs or is delayed, the Dates of Substantial or Final Completion, or both, CONTRACTOR may seek equitable adjustment. e. NOTICE OF DELAY CLAIMS: If CONTRACTOR requests an equitable extension of the Contract Time or an equitable adjustment contract as a result of a delay described, CONTRACTOR shall give CITY written notice of the claim. If CONTRACTOR causes delay in the completion of the Work, CITY shall be entitled to recover its additional costs. 13. Substantial Completion: a. The Work shall be Substantially Completed within 180 calendar days after the date when the Contract Times commence to run as provided in the GENERAL CONDITIONS. b. CONTRACTOR shall notify CITY and, if directed, Design Professional when it considers Substantial Completion of the Work or a designated portion to have been achieved. CITY, with the assistance of its Design Professional, shall promptly conduct an inspection to determine whether the Work or designated portion can be occupied or used for its intended use by CITY without excessive interference in completing any remaining unfinished Work. If CITY determines the Work or designated portion has not reached Substantial Completion, CITY, with the assistance of its Design Professional, shall promptly compile a list of items to be completed or corrected so CITY may occupy or use the Work or designated portion for its intended use. CONTRACTOR shall promptly and accurately complete all items on the list. c. When Substantial Completion of the Work or a designated portion is achieved, CONTRACTOR shall prepare a Certificate of Substantial Completion establishing the date of Substantial Completion and the respective responsibilities of each Party for interim items such as security, maintenance, utilities, insurance, and damage to the Work, and fixing the time for completion of all items on the list accompanying the Certificate. The Certificate of Substantial Completion shall be submitted by CONTRACTOR to CITY and, if directed, to Design Professional for written acceptance of responsibilities assigned in the Certificate of Substantial Completion. d. Unless otherwise provided in the Certificate of Substantial Completion, warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or a designated portion. e. Upon CITY's written acceptance of the Certificate of Substantial Completion, CITY shall pay to CONTRACTOR the remaining retainage held by CITY for the Work described in the Certificate of Substantial Completion less a sum equal to one hundred and fifty percent (150%) of the estimated cost of completing or correcting remaining items on that part of the Work, as agreed to by the Parties as necessary to achieve Final Completion, including all close outs. Uncompleted items shall be completed by CONTRACTOR in a mutually agreed upon timeframe. CONTRACT: Bid 23-47, Construction — Porter Warehouse Stabilization Page 10 of 19 City of Fayetteville, AR Page 63 of 560 14. Final Completion: a. The Work shall be completed and ready for final payment in accordance with the GENERAL CONDITIONS within 210 calendar days after the date when the Contract Times commence to run. b. Upon notification from CONTRACTOR that the Work is complete and ready for final inspection and acceptance, CITY, with the assistance of its Design Professional, shall promptly conduct an inspection to determine if the Work has been completed and is acceptable under the Contract Documents. c. When the Work is complete, CONTRACTOR shall prepare for CITY's written acceptance a final application for payment stating that to the best of CONTRACTOR's knowledge, and based on CITY's inspections, the Work has reached Final Completion in accordance with the Contract Documents. d. Final payment shall be made to CONTRACTOR within thirty (30) Days after CONTRACTOR has submitted an application for final payment, pending the application has been approved by the CITY, including submissions required, and a Certificate of Final Completion has been executed by all Parties. e. Final payment shall be due on CONTRACTOR's submission of the following to the City: i. an affidavit declaring any indebtedness connected with the Work, to have been paid, satisfied, or to be paid with the proceeds of final payment, so as not to encumber CITY property, ii. as -built drawings, manuals, copies of warranties, and all other close-out documents required by the Contract Documents; iii. release of any liens, conditioned on final payment being received; iv. consent of any surety; and v. any outstanding known and unreported accidents or injuries experienced by CONTRACTOR or its Subcontractors at the Worksite. f. If, after Substantial Completion of the Work, the Final Completion of a portion of the Work is materially delayed through no fault of CONTRACTOR; If approved by CITY, they shall pay the balance due for any portion of the Work fully completed and accepted. If the remaining contract balance for Work not fully completed and accepted is less than the retained amount before payment, CONTRACTOR shall submit to CITY and, if directed, Design Professional the written consent of any surety to payment of the balance due for portions of the Work that are fully completed and accepted. Such payment shall not constitute a waiver of claims, but otherwise shall be governed by this section. g. ACCEPTANCE OF FINAL PAYMENT: Unless CONTRACTOR provides written identification of unsettled claims with an application for final payment, its acceptance of final payment constitutes a waiver of such claims. h. CONTRACTOR shall ensure that the City of Fayetteville receives lien waivers from all material suppliers, subcontractors and sub -subcontractors and before work begins on the project. The CONTRACTOR shall give written notice to the material suppliers, subcontractors and sub -subcontractors providing work on the project that states the following: i. 'According to Arkansas law, it is understood that no liens can be filed against public property if valid and enforceable payment and performance bond is in place. Regarding this Project and Agreement, the valid and enforceable bonds are with ( name of surety ).' ii. CONTRACTOR shall have each subcontractor, sub -subcontractor and material supplier execute a written receipt evidencing acknowledgment of this statement prior to commencement of the work of the subcontractor or material supplier. CONTRACT: Bid 23-47, Construction — Porter Warehouse Stabilization Page 11 of 19 City of Fayetteville, AR Page 64 of 560 15. Liquidated Damages: CITY 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 and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay The CITY OF FAYETTEVILLE Two Hundred Fifty Dollars ( 250.00) for each calendar day that expires after the time specified 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 for completion and readiness for final payment or any proper extension thereof granted by The CITY, CONTRACTOR shall pay The CITY OF FAYETTEVILLE Two Hundred Fifty Dollars ( 250.00) for each calendar day that expires after the time specified for completion and readiness for final payment. 16. Notices: Any notice required to be given under this Agreement to either party to the other shall be sufficient if addressed and mailed, certified mail, postage paid, delivery, fax or e-mail (receipt confirmed), or overnight courier. 17. Jurisdiction: Legal jurisdiction to resolve any disputes shall be Arkansas with Arkansas law applying to the case. 18. Venue: Venue for all legal disputes shall be Washington County, Arkansas. 19. Changes in Scope or Price: Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. 20. Insurance: a. Before starting the Work and as a condition precedent to payment, CONTRACTOR shall procure and maintain in force Workers' Compensation Insurance, Employers' Liability Insurance, Business Automobile Liability Insurance, and Commercial General Liability Insurance ("CGL"). The CGL policy shall include coverage for liability arising from premises, operations, independent contractors, products -completed operations, personal injury and advertising injury, contractual liability, pollution coverage, and broad form property damage. CONTRACTOR shall maintain completed operations liability insurance for one year after Substantial Completion, or as required by the Contract Documents, whichever is longer. CONTRACTOR's Employers' Liability, Business Automobile Liability and CGL policies shall be written with at least the limits of liability presented in Appendix D. b. Employers' Liability, Business Automobile Liability, and CGL coverages required may be provided by a single policy for the full limits required or by a combination of underlying policies with the balance provided by excess or umbrella liability policies. c. CONTRACTOR shall maintain in effect all insurance coverage required with insurance companies lawfully authorized to do business in the jurisdiction in which the Project is located. If CONTRACTOR fails to obtain or maintain any insurance coverage required under this Agreement, CITY may purchase such coverage and charge the expense to CONTRACTOR or terminate this Agreement. d. To the extent commercially available to CONTRACTOR from its current insurance company, insurance policies required shall contain a provision that the insurance company or its designee shall give CITY written notice transmitted in paper and electronic format: (a) 30 Days before coverage is nonrenewed by the insurance company and (b) within 10 Business Days after cancelation of coverage by the insurance company. Before commencing the Work and upon renewal or replacement of the insurance policies, CONTRACTOR shall furnish City with certificates of insurance until one year after Substantial Completion or longer if required by the Contract Documents. In addition, if any insurance policy required is not to be CONTRACT: Bid 23-47, Construction — Porter Warehouse Stabilization Page 12 of 19 City of Fayetteville, AR Page 65 of 560 immediately replaced without lapse in coverage when it expires, exhausts its limits, or is to be cancelled, CONTRACTOR shall give City prompt written notice upon actual or constructive knowledge of such condition. e. Certificates of Insurance shall list the CITY OF FAYETTEVILLE as an additional insured. Listing the CITY has a Certificate Holder only is NOT an acceptable substitute. Certificates of Insurance must include the endorsement(s) showing the CITY OF FAYETTEVILLE listed as an additional insured. f. PROPERTY INSURANCE: i. At no time shall any policy be covered by self-insurance or in a self -insured format. All policies shall be covered by an approved commercial insurance professional properly licensed to do business in Arkansas. ii. Unless otherwise directed in writing by City, before starting the Work, CONTRACTOR shall obtain and maintain a Builder's Risk Policy upon the entire Project for the full cost of replacement at the time of loss, including existing structures. This insurance shall also (a) name CONTRACTOR, Subcontractors, Sub subcontractors, and Design Professional as named insureds; (b) be written in such form to cover all risks of physical loss except those specifically excluded by the policy; and (c) insure at least against and not exclude: 1. the perils of fire, lightning, explosion, windstorm, hail, smoke, aircraft (except aircraft, including helicopter, operated by or on behalf of CONTRACTOR) and vehicles, riot and civil commotion, theft, vandalism, malicious mischief, debris removal, flood, earthquake, earth movement, water damage, wind damage, testing if applicable, collapse, however caused; 2. damage resulting from defective design, workmanship, or material; 3. coverage extension for damage to existing buildings, plant, or other structures at the Worksite, when the Project is contained within or attached to such existing buildings, plant or structures. Coverage shall be to the extent loss or damage arises out of CONTRACTOR's activities or operations at the Project. 4. equipment breakdown, including mechanical breakdown, electrical injury to electrical devices, explosion of steam equipment, and damage to steam equipment caused by a condition within the equipment; 5. testing coverage for running newly installed machinery and equipment at or beyond the specified limits of their capacity to determine whether they are fit for their intended use; and 6. physical loss resulting from Terrorism. iii. The Party that is the primary cause of a Builder's Risk Policy claim shall be responsible for any deductible amounts or coinsurance payments. If no Party is the primary cause of a claim, then the Party obtaining and maintaining the Builder's Risk Policy shall be responsible for the deductible amounts or coinsurance payments. This policy shall provide for a waiver of subrogation. This insurance shall remain in effect until final payment has been made or until no person or entity other than CITY has an insurable interest in the property to be covered by this insurance, whichever is sooner. Partial occupancy or use of the Work shall not commence until CITY has secured the consent of the insurance company or companies providing the coverage required in this subsection. Before commencing the Work, CITY shall provide a copy of the property policy or policies obtained. iv. If CITY elects to purchase the property insurance required by this Agreement, including all of the coverages and deductibles for the same durations specified, CITY shall give written notice to CONTRACT: Bid 23-47, Construction — Porter Warehouse Stabilization Page 13 of 19 City of Fayetteville, AR Page 66 of 560 CONTRACTOR before the Work is commenced and provide a copy of the property policy or policies obtained in compliance with this agreement. CITY may then provide insurance to protect its interests and the interests of the CONTRACTOR, Subcontractors, Suppliers, and Subsubcontractors. The cost of this insurance shall be paid by CITY in a Change Order. If CITY gives written notice of its intent to purchase property insurance required by this Agreement and fails to purchase or maintain such insurance, CITY shall be responsible for costs reasonably attributed to such failure. v. The Parties each waive all rights against each other and their respective employees, agents, contractors, subcontractors, suppliers, sub subcontractors, and design professionals for damages caused by risks covered by the property insurance, except such rights as they may have to the proceeds of the insurance. g. RISK OF LOSS: Except to the extent a loss is covered by applicable insurance, risk of loss from damage to the Work shall be upon the Party obtaining and maintaining the Builder's Risk until the Date of Final Completion. h. ADDITIONAL GENERAL LIABILITY COVERAGE: CITY shall require CONTRACTOR to purchase and maintain additional liability coverage. CONTRACTOR shall provide: Additional Insured. CITY shall be named as an additional insured on CONTRACTOR's Commercial General Liability (CGL) specified, for on -going operations and completed operations, excess/umbrella liability, commercial automobile liability, and any required pollution liability, but only with respect to liability for bodily injury, property damage, or personal and advertising injury to the extent caused by the negligent acts or omissions of CONTRACTOR, or those acting on CONTRACTOR's behalf, in the performance of CONTRACTOR's work for CITY at the Worksite. The insurance of the CONTRACTOR and its Subcontractors (both primary and excess) shall be primary to any insurance available to the Additional Insureds. Any insurance available to the Additional Insureds shall be excess and non-contributory. ii. OCP. CONTRACTOR shall provide an Owners' and CONTRACTOR'S Protective Liability Insurance ("OCP") policy with limits equal to the limits on CGL specified, or limits as otherwise required by Owner. i. Any documented additional cost in the form of a surcharge associated with procuring the additional liability coverage in accordance with this subsection shall be paid by CONTRACTOR. Before commencing the Work, CONTRACTOR shall provide either a copy of the OCP policy, or a certificate and endorsement evidencing that City has been named as an additional insured, as applicable. i. ROYALTIES, PATENTS, AND COPYRIGHTS: CONTRACTOR shall pay all royalties and license fees which may be due on the inclusion of any patented or copyrighted materials, methods, or systems selected by CONTRACTOR and incorporated in the Work. CONTRACTOR shall defend, indemnify, and hold CITY harmless from all suits or claims for infringement of any patent rights or copyrights arising out of such selection. PROFESSIONAL LIABILITY INSURANCE: To the extent CONTRACTOR is required to procure design services, CONTRACTOR shall require its design professionals to obtain a commercial professional liability insurance for claims arising from the negligent performance of professional services under this Agreement, with a company reasonably satisfactory to CITY, including coverage for all professional liability caused by any consultants to CONTRACTOR's design professional, written for not less than one million US dollars ($1,000,000) per claim and in the aggregate. CONTRACTOR's design professional shall pay the deductible. The Professional Liability Insurance shall contain a retroactive date providing prior acts coverage sufficient to cover all Services performed by the CONTRACTOR's design professional for this Project. Coverage shall be continued in effect for the entire warranty period. CONTRACT: Bid 23-47, Construction — Porter Warehouse Stabilization Page 14 of 19 City of Fayetteville, AR Page 67 of 560 21. Professional Responsibility: CONTRACTOR will exercise reasonable skill, care, and diligence in the performance of services and will carry out its responsibilities in accordance with customarily accepted professional practices. CITY OF FAYETTEVILLE will promptly report to CONTRACTOR any defects or suspected defects in services of which CITY OF FAYETTEVILLE becomes aware, so CONTRACTOR can take measures to minimize the consequences of such a defect. CITY OF FAYETTEVILLE retains all remedies to recover for its damages caused by any negligence of CONTRACTOR. 22. Responsibility of the City of Fayetteville: CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of CONTRACTOR: a. Provide full information as to the requirements for the Project. b. Assist CONTRACTOR by placing at CONTRACTOR's disposal all available information pertinent to the assignment including previous reports and any other data relative thereto. c. Assist CONTRACTOR in obtaining access to property reasonably necessary for CONTRACTOR to perform its services. d. Examine all studies, reports, sketches, cost opinions, proposals, and other documents presented by CONTRACTOR and render in writing decisions pertaining thereto. e. Review all documents and provide written comments to CONTRACTOR in a timely manner. f. The City of Fayetteville Facilities Director is the project representatives with respect to the services to be performed under this Agreement. The Facilities Director Representative shall have complete authority to transmit instructions, receive information, interpret and define policies and decisions with respect to materials, equipment, elements and systems to be used in the Project, and other matters pertinent to the services covered by this Agreement. 23. Cost Opinions and Projections: Cost opinions and projections prepared by the CONTRACTOR relating to construction costs and schedules, operation and maintenance costs, equipment characteristics and performance, cost estimating, and operating results are based on CONTRACTOR's experience, qualifications, and judgment as a CONTRACTOR professional. 24. Period of Service: This Agreement will become effective upon the first written notice by CITY OF FAYETTEVILLE authorizing services hereunder. a. The provisions of this Agreement have been agreed to in anticipation of the orderly progress of the Project through completion of the services stated in the Agreement. ELLINGSON shall proceed with providing the authorized services immediately upon receipt of written authorization from CITY OF FAYETTEVILLE. Said authorization shall include the scope of the services authorized and the time in which the services are to be completed. 25. Termination: a. This Agreement may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party, provided that no termination may be effected unless the other party is given: i. Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, ii. An opportunity for consultation with the terminating party prior to termination. b. This Agreement may be terminated in whole or in part in writing by CITY OF FAYETTEVILLE for its convenience, provided that CONTRACTOR is given: CONTRACT: Bid 23-47, Construction — Porter Warehouse Stabilization Page 15 of 19 City of Fayetteville, AR Page 68 of 560 i. Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, ii. An opportunity for consultation with the terminating party prior to termination. c. If termination for default is affected by CITY OF FAYETTEVILLE, an equitable adjustment in the price provided for in this Agreement shall be made, but i. No amount shall be allowed for anticipated profit on unperformed services or other work, ii. Any payment due to CONTRACTOR at the time of termination may be adjusted to cover any additional costs to CITY OF FAYETTEVILLE because of CONTRACTOR's default. d. If termination for default is affected by CONTRACTOR, or if termination for convenience is affected by CITY OF FAYETTEVILLE, the equitable adjustment shall include a reasonable profit for services or other work performed. The equitable adjustment for any termination shall provide for payment to CONTRACTOR for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by CONTRACTOR relating to commitments which had become firm prior to the termination. e. Upon receipt of a termination action under Paragraphs above, CONTRACTOR shall: i. Promptly discontinue all affected work (unless the notice directs otherwise), ii. Deliver or otherwise make available to CITY OF FAYETTEVILLE all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by CONTRACTOR in performing this Agreement, whether completed or in process. f. Upon termination under sections above CITY OF FAYETTEVILLE may take over the work and may award another party an agreement to complete the work under this Agreement. g. If, after termination for failure of CONTRACTOR to fulfill contractual obligations, it is determined that CONTRACTOR had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of CITY OF FAYETTEVILLE. In such event, adjustments of the agreement price shall be made as provided in this agreement. 26. Delays a. In the event the services of CONTRACTOR are suspended or delayed by CITY OF FAYETTEVILLE, or by other events beyond CONTRACTOR's reasonable control, CONTRACTOR shall be entitled to additional compensation and time for reasonable documented costs incurred by CONTRACTOR in temporarily closing down or delaying the Project. b. In the event the services are suspended or delayed by CONTRACTOR, CITY shall be entitled to compensation and time for reasonable costs incurred in temporarily closing down or delaying the Project. 27. Rights and Benefits: CONTRACTOR's services shall be performed solely for the benefit of CITY OF FAYETTEVILLE and not for the benefit of any other persons or entities. 28. Dispute Resolution a. Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes between CITY OF FAYETTEVILLE and CONTRACTOR which arise from, or in any way are related to, this Agreement, including, but not limited to the interpretation of this Agreement, the enforcement of its terms, any acts, errors, or omissions of CITY OF FAYETTEVILLE or CONTRACTOR in the performance of this Agreement, and disputes concerning payment. CONTRACT: Bid 23-47, Construction — Porter Warehouse Stabilization Page 16 of 19 City of Fayetteville, AR Page 69 of 560 b. Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate. If timely Notice is given as described in this agreement, but an action is initiated prior to exhaustion of these procedures, such action shall be stayed, upon application by either party to a court of proper jurisdiction, until the procedures in this agreement have been complied with. c. Notice of Dispute i. For disputes arising prior to the making of final payment promptly after the occurrence of any incident, action, or failure to act upon which a claim is based, the party seeking relief shall serve the other party with a written Notice. ii. For disputes arising within one year after the making of final payment, CITY OF FAYETTEVILLE shall give CONTRACTOR written Notice at the address listed in this agreement within thirty (30) calendar days after occurrence of any incident, accident, or first observance of defect or damage. In both instances, the Notice shall specify the nature and amount of relief sought, the reason relief should be granted, and the appropriate portions of this Agreement that authorize the relief requested. iii. Negotiation: Within seven (7) calendar days of receipt of the Notice, the Project Managers for CITY OF FAYETTEVILLE and CONTRACTOR shall confer in an effort to resolve the dispute. If the dispute cannot be resolved at that level, then, upon written request of either side, the matter shall be referred to the President of CONTRACTOR, and the Mayor of CITY OF FAYETTEVILLE or his or her designee. These officers shall meet at the Project Site or such other location as is agreed upon within 30 calendar days of the written request to resolve the dispute. 29. Sufficient Funds: The CITY represents to have sufficient funds or the means of obtaining funds to remit payment to CONTRACTOR for services rendered by CONTRACTOR. All parties agree if funding should become insufficient to complete the project, CONTRACTOR shall be notified in a timely manner. 30. Publications: Recognizing the importance of professional services on the part of CONTRACTOR's employees and the importance of CONTRACTOR's public relations, CONTRACTOR may prepare publications, such as technical papers, articles for periodicals, promotional materials, and press releases, in electronic or other format, pertaining to CONTRACTOR's services for the Project. Such publications will be provided to CITY OF FAYETTEVILLE in draft form for CITY OF FAYETTEVILLE's advance review. CITY OF FAYETTEVILLE shall review such drafts promptly and provide CITY OF FAYETTEVILLE's comments to CONTRACTOR, CITY OF FAYETTEVILLE may require deletion of proprietary data or confidential information from such publications, but otherwise CITY OF FAYETTEVILLE will not unreasonably withhold approval. Approved materials may be used in a variety of situations and do not require additional review or approval for each use. The cost of CONTRACTOR's activities pertaining to any such publication shall be for CONTRACTOR's account. 31. Indemnification: The CITY requires that ELLINGSON shall indemnify and hold harmless CITY OF FAYETTEVILLE against any and all liability, claims, demands, damages, losses, and expenses, including attorneys' fees, in connection with or arising out of any damage or alleged damage to any of CITY's existing adjacent property, including personal property, that may arise from the performance of the Work, to the extent caused by the negligent or intentionally wrongful acts or omissions of ELLINGSON, Subcontractor, Supplier, Sub subcontractor, or anyone employed directly or indirectly by any of them or by anyone for whose acts any of them may be liable. 32. Freedom of Information Act: CITY contracts and documents prepared while performing CITY contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the CITY OF FAYETTEVILLE, the CONTRACTOR shall 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. CONTRACT: Bid 23-47, Construction — Porter Warehouse Stabilization Page 17 of 19 City of Fayetteville, AR Page 70 of 560 33. Ownership of Documents: a. All documents provided by CITY OF FAYETTEVILLE including original drawings, CAD drawings, estimates, field notes, and project data are and remain the property of CITY OF FAYETTEVILLE. CONTRACTOR may retain reproduced copies of drawings and copies of other documents. b. Engineering and architectural documents, computer models, drawings, specifications and other hard copy or electronic media prepared by CONTRACTOR as part of the Services shall become the property of CITY OF FAYETTEVILLE when CONTRACTOR has been compensated for all Services rendered, provided, however, that CONTRACTOR shall have the unrestricted right to their use. CONTRACTOR shall, however, retain its rights in its standard drawings details, specifications, databases, computer software, and other proprietary property. Rights to intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of CONTRACTOR. c. Any files delivered in electronic medium may not work on systems and software different than those with which they were originally produced. CONTRACTOR makes no warranty as to the compatibility of these files with any other system or software. Because of the potential degradation of electronic medium over time, in the event of a conflict between the sealed original drawings/hard copies and the electronic files, the sealed drawings/hard copies will govern. 34. Additional Responsibilities of CONTRACTOR: a. Review, approval, or acceptance of design drawings, specifications, reports and other services furnished hereunder by CITY shall not in any way relieve CONTRACTOR of responsibility for the technical adequacy of the work. Review, approval or acceptance of, or payment for any of the services by CITY shall not be construed as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. b. CONTRACTOR shall be and shall remain liable, in accordance with applicable law, for all damages to CITY OF FAYETTEVILLE caused by CONTRACTOR's negligent performance, except beyond CONTRACTOR's normal standard of care, of any of the services furnished under this Agreement, and except for errors, omissions or other deficiencies to the extent attributable to CITY OF FAYETTEVILLE or CITY OF FAYETTEVILLE-furnished data. c. CONTRACTOR's obligations under this clause are in addition to CONTRACTOR's other express or implied assurances under this Agreement or State law and in no way diminish any other rights that CITY OF FAYETTEVILLE may have against CONTRACTOR for faulty materials, equipment, or work. 35. Audit and Access to Records: a. CONTRACTOR shall maintain books, records, documents and other evidence directly pertinent to performance on work under this Agreement in accordance with generally accepted accounting principles and practices consistently applied in effect on the date of execution of this Agreement. b. CONTRACTOR shall also maintain the financial information and data used by CONTRACTOR in the preparation of support of the cost submission required for any negotiated agreement or change order and send to CITY OF FAYETTEVILLE a copy of the cost summary submitted. CITY OF FAYETTEVILLE, the State or any of their authorized representatives shall have access to all such books, records, documents and other evidence for the purpose of inspection, audit and copying during normal business hours. CONTRACTOR will provide proper facilities for such access and inspection. c. Records shall be maintained and made available during performance on assisted work under this Agreement and until three years from the date of final payment for the project. In addition, those records which relate to any controversy arising out of such performance, or to costs or items to which an CONTRACT: Bid 23-47, Construction — Porter Warehouse Stabilization Page 18 of 19 City of Fayetteville, AR Page 71 of 560 audit exception has been taken, shall be maintained and made available until three years after the date of resolution of such appeal, litigation, claim or exception. d. This right of access clause (with respect to financial records) applies to: i. Negotiated prime agreements ii. Negotiated change orders or agreement amendments affecting the price of any formally advertised, competitively awarded, fixed price agreement iii. Agreements or purchase orders under any agreement other than a formally advertised, competitively awarded, fixed price agreement. However, this right of access does not apply to a prime agreement, lower tier sub agreement or purchase order awarded after effective price competition, except: 1. With respect to record pertaining directly to sub agreement performance, excluding any financial records of CONTRACTOR; 2. If there is any indication that fraud, collusion, gross abuse or corrupt practices may be involved; 3. If the sub agreement is terminated for default or for convenience. 36. Covenant Against Contingent Fees: a. CONTRACTOR warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement of understanding for a commission, percentage, brokerage or continent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by CONTRACTOR for the purpose of securing business. For breach or violation of this warranty, CITY OF FAYETTEVILLE shall have the right to annul this Agreement without liability or at its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and JBZ, INC. DBA ELLINGSON CONTRACTING by its authorized officer have made and executed this Agreement as of the day and year first above written. CITY OF FAYETTEVILLE, ARKANSAS r By: Lioneld Jordan, Mayor ATTEST: By: Kara Paxton, City Clerk Date Signed: Ilingson, President Date Signed: CONTRACT: Bid 23-47, Construction — Porter Warehouse Stabilization Page 19 of 19 City of Fayetteville, AR Page 72 of 560 CITY OF WA FAYETTEVILLE ARKANSAS Bid 23-47 Addendum 2 Ellingson Contracting JBZ, Inc. Supplier Response Event Information Number: Bid 23-47 Addendum 2 Title: Construction - Porter Warehouse Stabilization Type: Invitation to Bid Issue Date: 12/10/2023 Deadline: 1/11/2024 03:00 PM (CT) Notes: The City of Fayetteville is accepting sealed bids from properly licensed firms for the stabilization of the Porter Road Warehouse. Questions regarding this bid should be addressed to Amanda Beilfuss, Sr. Purchasing Agent at abeilfuss(Vayetteville- 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 3 pages Vendor: Ellingson Contracting Bid 23-47 Addendum 2 Page 73 of 560 Ellingson Contracting Information Contact: David Ellingson Address: PO Box 7202 Siloam Springs, AR 72761 Phone: (479) 215-6889 Email: david@ellingsoncontracting.com Web Address: https://www.ellingsoncontracting.com/ By submitting your response, you certify that you are authorized to represent and bind your company. David R. Ellingson Signature Submitted at 1/1112024 07:49:47 AM (CT) Requested Attachments Bid 23-47, Required Signature Forms david@ellingsoncontracting.com Email Ellingson Contracting Bid 23-47 - REQUIRED SIGNATURE FORMS.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. PLEASE ENSURE 'ARTICLE 4 - BID PRICEIS COMPLETED IN ITS ENTIRETY. FAILURE TO COMPLETE THIS SECTION COULD RESULT IN BID REJECTION. Bid 23-42, Bid Bond Porter Bid Bond - Ellingson Contracting.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 23-47, Narrative Statement Porter House Qualifications - Ellingson Contracting.pdf Please provide a written narrative of the methods and techniques proposed for this project. Please refer to the 'Bidder's Qualification Statement' section for more information. Response Attachments JBZ - Balance Sheet - Porter.pdf JBZ Inc DBA Ellingson Contracting Balance Sheet JBZ - Income Statement - Porter.pdf JBZ Inc DBA Ellingson Contracting Income Statement Porter Unit Price Schedule 1, 2, and 3.pdf Ellingson Contracting Unit Price Schedule Bid Attributes 1 Arkansas Secretary of State Filing Number: 800184726 2 Arkansas Contractor License Number: 0324340324 Page 2 of 3 pages Vendor: Ellingson Contracting Bid 23-47 Addendum 2 Page 74 of 560 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. ❑✓ Yes, I agree ❑ No, I don't agree 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. 2 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. 9 1 agree Bid Lines 1 Bonds and Insurance Quantity: 1 UOM: Lump Sum Price: $22,160.00 Total: $22,160.00 2 Mobilization Shall not exceed %5 of Bid Total, not including bonds and insurance. Quantity: 1 UOM: LS Price: 1 $20,000.00 Total: $20,000.00 3 Estimated Total Cost - DO NOT INCLUDE PRICING FOR MOBILIZATION OR BONDS AND INSURANCE IN THIS LINE ITEM This amount shall match the Estimated Total Cost from Required Signature Forms/Project Manual. Quantity: 1 UOM: Lump Sum Price: $691,586.00 1 Total: 1 $691,586.00 Item Notes: Bidder shall also complete and include with bid submittal, 'Article 4 - Bid Price' in its entirety from the Required Signature Forms/Project Manual. Failure to complete this section could result in bid rejection. Response Total: $733,746.00 Page 3 of 3 pages Vendor: Ellingson Contracting Bid 23-47 Addendum 2 Page 75 of 560 CITY OF FAYETTEVILLE, ARKANSAS: BID 23-47, CONSTRUCTION — PORTER WAREHOUSE STABILIZATION SECTION 00 4100 BID BOND KNOW ALL MEN BY THESE PRESENTS: that we JBZ, Inc. dba Ellingson Contracting PO Box 7202 Siloam Springs, AR 72761 as Principal, hereinafter called the Principal, and The Ohio Casualty Insurance Co. 175 Berkley St. Boston, MA 02116 a corporation duly organized under the laws of the State of New Hampshire called Surety, are held and firmly bound unto City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 as Obligee, hereinafter called Owner, in the sum of 5% of the Bid Amount as Surety, hereinafter Dollars ($ 5% of the Bid Amount ), for the payment of which sum, well and truly to be made, Principal and said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has submitted a Bid for: BID 23-47, CONSTRUCTION- PORTER WAREHOUSE STABILIZATION NOW, THEREFORE, if the Owner shall accept the Bid of Principal and the Principal shall enter into a Contract with the Owner in accordance 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 Principal to enter such Contract and give such Bond or Bonds, if the Principal shall pay to the Owner the difference not to exceed the penalty hereof between the amount specified in said Bid and such larger amount for which the Owner may in good faith contract with another party to perform the Work covered by said Bid, then this obligation shall be null and void, otherwise to remain in full force and effect. 00 4100 BID BOND Page 76 of 560 CITY OF FAYETTEVILLE, ARKANSAS: BID 23-47, CONSTRUCTION — PORTER WAREHOUSE STABILIZATION Signed and sealed this 8th day of January 2024 PRINCIPAL JBZ, Inc. dba Ellingson Contracting By SURETY the Ohio Casualty Insurance Co. By Bryan Clinkscales ATTORNEY -IN -FACT (This Bond shall be accompanied with Attorney-in-Fact's authority from Surety) (CORPORATE SEAL) (CORPORATE SEAL) END OF SECTION 00 4100 GZ�if �Qi11Ul�Id►1�7 Page 77 of 560 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Liberty Mutual Insurance Company Mutual. The Ohio Casualty Insurance Company Certificate No: 8207437-971105 West American Insurance Company SURETY POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Bryan S. Clinkscales, Jennifer Bohannan, Kentrina Fowler all of the city of SPRINGDALE state of AR each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 4th day of March 2022 Liberty Mutual Insurance Company P� 1NSU� PN�Y INS&,pINSU.I The Ohio Casualty Insurance Company �J 4pRP°Rqf y� yJ G°RPORgf 9y 4P�oR�°Rqr �� West American Insurance Company Zv r F r 1912� 0 0 1919� 0 2 1991 0 ufE <n Y 9 .�`y i i Z ?4i o Q d Ss4 CHU5� a O HAMPSt� 0 Y vNDIANP a� , �rf AL?U s�M * *�d By: m c � David M. Carey, Assistant Secretary � w ra State of PENNSYLVANIA County of MONTGOMERY ss o On this 4th day of March 2022 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance L) cu m Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes L- = therein contained by sianino on behalf of the corporations by himself as a duly authorized officer. a� m --a c .N O No (6 to > aci o� Z 0 IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. R^eta<sNCommonwealth of Pennsylvania - Notary Seal t�s Teresa Pastella, Notary Public Montgomery County My commission expires March 28, 2025 B e� Commission number 1126044 y T ,Eaf Member, Pennsylvania Association of Notaries eresa Pastella, Notary Public This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV — OFFICERS: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 8th day of January , 2024 . INSU,0 �tY INS&qINSUR JP °aaoRq qY JP DavDRq 9 `Q oa°ORqTo q? 1912 0 1919 0 2 1991� : o Q o dJl's�A1."94�da SO R�HAMPS�`p a� V vNDNP a� By. ez� * 8aa sIA �M * 8�a Renee C. Llewellyn, Assistant Secretary O O � lV i00 00 a� C: to a� c LMS-12873 LMIC OCIC WAIC Multi Cc 02/21 Page 78 of 560 CITY OF FAYETTEVILLE 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. F-1 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. F-1 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 F-1 documents 1-1 All 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. F-1 Additional Information Required: • AR Secretary of State Filing #: OR submit electronically. • Arkansas Contractor License #: 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: 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. o Submit electronically or circle applicable answer: YES or NO Telecommunications Device (w the Deaf TDD (479) 521.1316 .. , _ - , r ,.. _ ,�,_ . n . Page 79 of 560 DOCUMENT 00 30 00 — BIDDER'S QUALIFICATION STATEMENT: Contract Name: Porter Produce Warehouse Stabilization Date: October 20, 2023 Bid Number: 23-47, Construction-- Porter Produce Warehouse Stabilization SUBMITTED TO: The City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 SUBMITTED BY: Company Name Address Principal Office Corporation, partnership, individual, joint venture, other Arkansas State General Contractor's License Number Tax ID Number DUNS/ Cage Code NARRATIVE STATEMENT Provide a written narrative of the methods and techniques proposed for this project. Bidders are encouraged to use this statement as an opportunity to show reviewers why they believe they are best suited for this project by demonstrating, through written form, an understanding of the challenges inherent in this project and how the bidder intends to be key partner in completing a successful project. 00 30 00 —1 Bid 23-47, Construction- Porter Warehouse Stabilization Page 80 of 560 DOCUMENT 00 30 00 — BIDDER'S QUALIFICATION STATEMENT: (CONTINUED) EXPERIENCE STATEMENT 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 years. Bidder has been in business under its present name for years. 2. 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.) 3. 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, and date of completion and percentage of the cost of the Work performed with Bidder's own forces.) 4. Attach resumes of key supervisory personnel who will be directly involved in the execution of this project. Indicate if they were directly involved on the projects listed above. If not, be sure that their resumes include experience on similar projects. 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: 00 30 00 — 2 Bid 23-47, Construction- Porter Warehouse Stabilization Page 81 of 560 DOCUMENT 00 30 00 — BIDDER'S QUALIFICATION STATEMENT: (CONTINUED) 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: 9. Bidder's Workmen's Compensation Experience Modifier Factor is: FINANCIAL STATEMENT 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). 003000-3 Bid 23-47, Construction- Porter Warehouse Stabilization Page 82 of 560 DOCUMENT 00 30 00 — BIDDER'S QUALIFICATION STATEMENT: (CONTINUED) 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: Judgment Creditors Where Docketed and Date Amount a. N/A Z Bidder hereby represents and warrants that all statements set forth herein are true and correct. Date: January 10th , 20 24 (OFFICIAL SEAL) N o rg ati :A;-111ingson Contracting (JBZ, Inc.) By David R. Ellingson Title President (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, the corporate name shall be signed, followed by the signature of a duly -authorized officer and with the corporate seal affixed.) END OF DOCUMENT 00 30 00 00 30 00 — 4 Bid 23-47, Construction- Porter Warehouse Stabilization Page 83 of 560 CITY OF FAYETTEVILLE, ARKANSAS: BID 23-47, CONSTRUCTION — PORTER WAREHOUSE STABILIZATION Section 00 3100 CONTRACTOR REFERENCES The following information is required from all Bidders so all bids may be reviewed and properly evaluated COMPANY NAME: NUMBER OF YEARS IN BUSINESS: HOW LONG IN PRESENT LOCATION: TOTAL NUMBER OF CURRENT EMPLOYEES: FULLTIME PARTTIME NUMBER OF EMPLOYEES PLANNED FOR THIS CONTRACT: FULLTIME PART TIME PLEASE LIST FOUR (4) REFERENCES THAT YOU HAVE PREVIOUSLY PERFORMED SIMILAR CONTRACT SERVICES FOR WITHIN THE PAST FIVE (5) YEARS (All fields must be completed): 1. 2. COMPANY NAME COMPANY NAME CITY, STATE, ZIP CITY, STATE, ZIP CONTACT PERSON CONTACT PERSON TELEPHONE TELEPHONE DATE COMPLETED DATE COMPLETED E-MAIL ADDRESS E-MAIL ADDRESS 3. 4. COMPANY NAME COMPANY NAME CITY, STATE, ZIP CITY, STATE, ZIP CONTACT PERSON CONTACT PERSON TELEPHONE TELEPHONE DATE COMPLETED DATE COMPLETED E-MAIL ADDRESS E-MAIL ADDRESS 00 3100 CONTRACTOR REFERENCES 1 Page 84 of 560 CITY OF FAYETTEVILLE, ARKANSAS: BID 23-47, CONSTRUCTION — PORTER WAREHOUSE STABILIZATION SECTION 00 40 00 BID FORM Contract Name: Porter Warehouse Stabilization Bid Number: 23-47, Construction — Porter Warehouse Stabilization BID TO: Owner: The City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 BID FROM: Bidder: ARTICLE 1 - INTENT 1.01 The undersigned Bidder proposes and 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. 00 40 00 BID FORM 1 Page 85 of 560 CITY OF FAYETTEVILLE, ARKANSAS: BID 23-47, CONSTRUCTION — PORTER WAREHOUSE STABILIZATION 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 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 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. E. Bidder has correlated the information known to Bidder, 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. F. Bidder has given Purchasing Division written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Contract Documents, and the written resolution thereof by Purchasing Division is acceptable to Bidder. G. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted. H. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm, or corporation and is not submitted in conformity with any agreement or rules of any group, 00 40 00 BID FORM 2 Page 86 of 560 CITY OF FAYETTEVILLE, ARKANSAS: BID 23-47, CONSTRUCTION — PORTER WAREHOUSE STABILIZATION association, organization, or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham bid; Bidder has not solicited or induced any person, firm, or a corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for himself any advantage over any other Bidder or over Owner. I. Bidder has read "Arkansas Historic Site Law (A.C.A. §22-9-208 through §22-9-211)" and acknowledges paragraph 20.3 in Section 01 Instructions to Bidders. Bidder understands that owner intends to choose the contractor based on factors other than cost, as outlined in 20.3 in Section 01 Instructions to Bidders. ARTICLE 4 - BID PRICE 4.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s): A. Unit Price Schedules. The Bid Form includes four separate and complete schedules, Schedule I (Labor), Schedule II (Materials), Schedule III (Multiplying Factor) and Schedule IV (Estimated Total Cost). The Contractor shall complete all four schedules. Bidder shall provide ALL unit price items and quantities that will equal the total project cost. Failure to complete all parts of Schedules I, II, III & IV shall render the bid non -responsive. 1. Unit Price Schedule I (Labor) Bidder acknowledges that quantities are not guaranteed, and final payment will be based on actual quantities determined as provided in the Contract Documents. Required Skill: Number of persons of this skill required: Rate of this skill/ Estimated quantity of skill: Required Skill: Number of persons of this skill required: Rate of this skill/ Estimated quantity of skill: Required Skill: Number of persons of this skill required: Rate of this skill/ Estimated quantity of skill: Required Skill: Number of persons of this skill required: Rate of this skill/ Estimated quantity of skill: Required Skill: Number of persons of this skill required: Rate of this skill/ Estimated quantity of skill: 00 40 00 BID FORM 3 Page 87 of 560 CITY OF FAYETTEVILLE, ARKANSAS: BID 23-47, CONSTRUCTION — PORTER WAREHOUSE STABILIZATION Required Skill: Number of persons of this skill required: Rate of this skill/ Estimated quantity of skill: Required Skill: Number of persons of this skill required: Rate of this skill/ Estimated quantity of skill: Required Skill: Number of persons of this skill required: Rate of this skill/ Estimated quantity of skill: 2. Unit Price Schedule II (Materials) Bidder acknowledges that quantities are not guaranteed, and final payment will be based on actual quantities determined as provided in the Contract Documents. Type of Material: Anticipated Quantity: Unit Price of Material: Type of Material: Anticipated Quantity: Unit Price of Material: Type of Material: Anticipated Quantity: Unit Price of Material: Type of Material: Anticipated Quantity: Unit Price of Material: Type of Material: Anticipated Quantity: Unit Price of Material: Type of Material: Anticipated Quantity: Unit Price of Material: Type of Material: Anticipated Quantity: Unit Price of Material: Type of Material: Anticipated Quantity: Unit Price of Material: 00 40 00 BID FORM 4 Page 88 of 560 CITY OF FAYETTEVILLE, ARKANSAS: BID 23-47, CONSTRUCTION — PORTER WAREHOUSE STABILIZATION Type of Material: Anticipated Quantity: Unit Price of Material: Type of Material: Anticipated Quantity: Unit Price of Material: Type of Material: Anticipated Quantity: Unit Price of Material: 3. Unit Price Schedule III (Multiplying Factor) Schedule I (Labor) Multiplying Factor: Schedule II (Materials) Multiplying Factor:_ 4. Unit Price Schedule IV (Estimated Total Cost) Schedule I (Labor) subtotal x Multiplying Factor = Schedule II (Materials) subtotal x Multiplying Factor = Estimated Total Cost: 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 — TERMINOLOGY 6.01 The terms used in this Bid which are defined in the GENERAL CONDITIONS or Instructions to Bidders will have the meanings assigned to them. SUBMITTED on 20 Arkansas State Contractor License No. 00 40 00 BID FORM 5 Page 89 of 560 CITY OF FAYETTEVILLE, ARKANSAS: BID 23-47, CONSTRUCTION — PORTER WAREHOUSE STABILIZATION If Bidder is: An Individual Name (type or printed): N/A By: (SEAL) (Individual's Signature) Doing business as: Business address: Phone No.: FAX No.: A Partnership Partnership Name: By: N/A (SEAL) (Signature of general partner — attach evidence of authority to sign) Name (type or printed): Business address: Phone No.: FAX No.: A Corporation Corporation Name: JBZ, Inc (dba Ellingson Contractinq) (SEAL) State of Incorporation: Arkansas Type (General Business, Professional, Service, Limited Liability): S-Cora B (Qianafirra — evidence of authority to sign) 00 40 00 BID FORM 6 Page 90 of 560 CITY OF FAYETTEVILLE, ARKANSAS: BID 23-47, CONSTRUCTION — PORTER WAREHOUSE STABILIZATION Name (type or printed): David R. Ellingson Title: President (CORPORATE SEAL) Attest: . -A- 0 0( O O i U(Signur of Corporate Secretary) Business address: 108 E. University Street Siloam Springs AR, 72761 Phone No.: 479-215-6889 FAX No.: N/A END OF 00 40 00 BID FORM 00 40 00 BID FORM 7 Page 91 of 560 C ellingson contracting Qualifications for Porter Produce Warehouse Stabilization STATEMENT OFPa9,QLR$3AfFfMb Index a Narrative Statement -Pages 3 to 5 A detailed description of our specialized approach to this project. Currently Bonded Projects -Page 6 A list of our currently bonded projects. Past Projects -Pages 7 to 9 A list of similar projects successfully completed by Ellingson Contracting. Personnel - Pages 10 to 15 A list of brief resumes for construction team members who are ready to serve on this project. Key Subcontractors -Pages 16 to 21 Profiles of select trades that will be performing critical elements of the project. Woolsey Historic Homestead Renovation STATEMENT O W,kAfFfMb Narrative Statement I I January 11, 2024 The City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 To: Porter Produce Warehouse Project Selection Committee Nearly two decades ago, my passion for historical restoration projects was kindled by working on the multi -phase exterior restoration of Old Main on the University of Arkansas, Fayetteville campus. That project was instrumental in forming my views on quality masonry tuckpointing, precast sill replacement, and wood restoration methods on an iconic building. Today, I am proud to present our proposal for the Porter Produce Warehouse Stabilization Project. We have specifically selected our team members for this project because they are each dedicated and passionate about craftsmanship, quality, and historical restoration. Our craftspeople have decades of combined historic restoration experience that we would like to share in helping to preserve a part of history in the Fayetteville community. We have dedicated many hours to visiting the site, analyzing the renovation drawings and specific stabilization needs, contacting suppliers and vendors, and completing a detailed quantity take -off of our labor, material, and equipment to successfully complete this project. We believe that our previous experience in working with similar historical structures, and the time that we have taken to understand this specific project has given us a thorough understanding of the stabilization needs for the Porter Produce Warehouse. Staffing Credentials and Continuity We recognize the delicate nature of the building and the care that will be needed to bring it successfully to a preserved condition. With this in mind, it is our intention to use only the most highly qualified tradespeople in our proposal for this historic stabilization project. We feel it is essential that one talented construction manager be intimately familiar with the project details, scheduling, and quality control — and that this individual should be present on -site from the beginning of the project until its final completion. This consistency in personnel will ensure uniform execution and quality control of the work. Therefore, we are proposing our Superintendent and Master Carpenter, Lloyd Reimer, to fill this position. Lloyd is a seasoned veteran Superintendent for Ellingson Contracting that also has decades of custom woodworking experience and knowledge. Lloyd is the ideal candidate to be a working Superintendent on -site. STATEMENT ofri Narrative Statement I I (cont.) Documentation At the commencement of the project, we will take hundreds of photographs of the existing facility to document the existing conditions. Additional pictures will be used to document the progress of the project at various stages and milestones. The phase of deconstruction of the existing exterior masonry wall is one instance where proper documentation will be critical. The photographs ensure that all steps are taken to catalogue the existing building and then rebuild it exactly as it was. Documentation of project -approved materials will also be handled promptly. A mortar sample will be taken early in the project process to ensure the proper materials are used in the tuckpointing process. All material selections will be approved through the Architect of Record before being ordered or incorporated into the project. Door and window material and shop drawings are another specific example of two critical elements that will be documented, verified, and approved before being built. Quality Control The restoration process will also be systematic and planned. A critical path method schedule will be provided that allows for time to adequately document, remove, and reconstruct building elements. One example of quality control that our mason will be managing is mortar discoloration and mottling. This color variation can occur if substrate and curing conditions vary from surface-to- surface. One specific way that we will ensure a uniform mortar shade and color on this project is to point all the walls in controlled sequences and to the same depth. To accomplish this, our mason will rake out the joints of the newly reconstructed wall as it is laid up. This will allow both the existing masonry walls and newly reconstructed masonry walls to be pointed back at the same time and under the same environmental conditions. This step will help to avoid dissimilar mortar colors and provide a high -quality finished product. As bricks are removed during the wall deconstruction process it will be critical they are protected. The bricks will be removed by hand, and then stacked, palletized, and wrapped. These palletized bricks will then be stored in a secure location until they are needed to rebuild the wall. Project Specific Risks There are three significant risks involved in the selective demolition and stabilization of this historic building. The first risk that we will face is the potential for marring and defacing the existing historical building elements while we selectively remove the non -historical elements of the existing building. We understand the critical need to incorporate careful, strategic and meticulous demolition methods to protect the historical elements of the building. Careless actions taken STATEMENT OfrfffKb Narrative Statement I I (cont.) during the selective demolition phase could damage parts of the historic fabric of the building. The intent of the restoration is for the building to be able to tell a story of history through its own walls, floors, and ceilings. It is very discouraging to see new cuts, holes, or scratches marring historical elements. We will have specific quality control plans in place that address all selective demolition activities. One critical element of this project will be the removal of existing mortar between masonry elements before re -pointing. A hand -tool removal method will be incorporated to reduce the risk of damage to the existing brick and stone. The second risk during the demolition and stabilization process is the removal of entire wall sections. This wall deconstruction is essential in the restoration process, but it will put stress on the building and increase the risk of building element failures. We have planned for a series of temporary wall shoring systems that would stabilize the wall and roof sections to allow our trades people to work safely and keep the building structurally sound. These building stabilization methods will incorporate scaffolding, screw jacks, temporary brace/footing locations that will be strategically installed to avoid marring the building surfaces to remain. Lastly, the commencement of this project begin in mid -winter. We realize that cold and wet weather conditions will need to be carefully monitored and managed during the restoration process. We will ensure that that the historic building is not damaged further by any untimely construction sequences. We will have mitigation plans in place and take steps of temporary weather protection to keep excessive moisture out of the historic structure. Our team has developed a plan to mitigate the risk factors of this project while providing the staffing and quality control that will ensure a successful job at completion. Ellingson Contracting would be proud to partner with the City of Fayetteville to preserve our local history though the restoration of the Porter Produce Warehouse. Please let me know if there are any other questions I can help answer about our experience or restoration methods. -David R. Ellingson (479) 215-6889 (mobile) President, Ellingson Contracting STATEMENT O,fri Currently Bonded Projects Woolsey Historic Homestead Renovation Owner: • City of Fayetteville • Point of Contact: Wade Abernathy Architect: • Revival Architecture • Point of Contact: Aaron Ruby Contract Value: • $901,293.00 Surety: • The Ohio Casualty Insurance Co. Estimated Completion: • TBD Siloam Springs District Court Renovation Owner: • City of Siloam Springs • Point of Contact: Randall Clark Architect: • WER Architects • Point of Contact: Elizabeth Stinnett Contract Value: • $372,000.00 Surety: • The Ohio Casualty Insurance Co. Estimated Completion: • August 2024 Moseley School Security Retrofit Owner: • Moseley Public School • Point of Contact: Machele Potter Architect: • N/A • Point of Contact: N/A Contract Value: • $99,195.00 Surety: • The Ohio Casualty Insurance Co. Estimated Completion: • February 2024 STATEMENT o9:7b;aff Woolsey Historic Homestead Renovation Fayetteville, Arkansas Ellingson Contracting performed renovations and reconstruction to the Woolsey Historic Homestead under a contract with the City of Fayetteville. The project fo- cused on foundation, structural, and cosmetic improvements, while being mindful of the nature of the historic structure. Additionally, period -style improvements were made to the roof, stone chimney, doors, and windows. Cast-iron fencing was also restored in the adjoining Woolsey family graveyard. The majority of the homestead portion of the project was completed between 2019 and 2023, while continued restoration to the surrounding buildings is still ongoing. Ellingson Contracting self -performed approximately 80% of the work on this project. 3 Cew-w PROJECT TYPE Historic Renovation OWNER City of Fayetteville Contact: Wade Abernathy ARCHITECT Revival Architecture Contact: Aaron Ruby BUILDING AGE Circa 1843 SQUAREFOOTAGE 1,483 SF DATE OF COMPLETION Ongoing CONTRACT AMOUNT $901,293.00 STATEMENT O fffif& 1 7 Past Projects a Historic Walker -Stone House Renovation Fayetteville, Arkansas Ellingson Contracting performed renovations and upgrades to the Historic Walker - Stone House under a contract with Experience Fayetteville. The project focused on incorporating accessibility and safety upgrades, while being mindful of the na- ture of the historic structure. Additionally, period -style improvements were made to handrails, guardrails, and steps on the property. An original set of wood doors was also installed into an opening after selective demolition of a non -historic wall. Ellingson Contracting self -performed approximately 40% of the work on this project. PROJECT TYPE Historic Renovation OWNER Fayetteville Advertising and Promotion Commission Contact: Molly Rawn ARCHITECT Revival Architecture Contact: Aaron Ruby ENGINEER MPE Consulting Engineers Contact: Douglas F. Brown BUILDING AGE Circa 1847 SQUAREFOOTAGE 3,658 SF DATE OF COMPLETION December 4th, 2018 FINAL CONTRACT AMOUNT $157,775.60 STATEMENT Oiff I Past Projects Sulphur Springs Old School PROJECT TYPE Complex Historic District Historic Renovation OWNER Sulphur Springs, Arkansas City of Sulphur Springs Contact: Shane Weber Ellingson Contracting contracted with the City of Sulphur Springs to perform exteri- ARCHITECT or renovations on their current City Administration Building. We restored, rebuilt (and glazed where needed) 20 exterior divided lite wood windows on the west face deMX Architecture of the brick building. We also partnered with CKC Cabinets to rebuilt two custom Contact: Tim Maddox sets of mortise and tendon full divided-lite double -doors on the west side of the building. BUILDING AGE Circa 1941 Ellingson Contracting self -performed approximately 85% of the work on this project. SQUAREFOOTAGE 7,048 SF DATE OF COMPLETION May 1 st, 2018 FINAL CONTRACT AMOUNT $44,846.00 STATEMENT d eAt0Q0ff I Personnel a J One of the largest factors in the success of a construction project is the team of people who are selected to work together. Each member of the Ellingson Contracting project management and field production teams provide unique talents and experiences that will make the restoration process a success for the Porter Produce Warehouse Stabilization. The contact information and resumes attached reflect a few key management personnel that would be engaged in project coordination and execution. Preconstruction Contact Person Chris Hobby Director of Preconstruction chris@ellingsoncontracting.com (479) 644-2363 Ellingson Contracting PO 7202 Siloam Springs, AR 72761 Key Ellingson Personnel David Ellingson President david@ellingsoncontracting. com Rick Campbell Director of Operations rick@ellingsoncontracting.com byT@ -It ••I Senior Project Manager daniel@ellingsoncontracting.com Lloyd Reimer Master Carpenter Iloyd@ellingsoncontracting.com STATEMENT OIPOUAL1IF06AQr61501 10 Owner/President david@ellingsoncontracting.com Education/Certification: • B.A. Construction Management - John Brown University May 2006 • M.S. Construction Management - Clemson University August 2022 • Certified Professional Constructor - American Institute of Constructors David Ellingson, CPC David provides executive oversight of all projects, while remaining actively involved in the day-to-day operations of the company. David is experienced in a wide variety of construction types including: historic remodels, office/retail, K-12 & higher education. He is a Certified Professional Constructor through the American Institute of Constructors, is a past board member for the Siloam Springs Chamber of Commerce, and serves as Chairman on the Advisory Board for the John Brown University Construction Management Department. Partial Project Experience Includes: • Woolsey Historic Homestead —Fayetteville AR • Walker Stone House —Fayetteville AR • Sulphur Springs Old School Complex —Sulphur Springs AR • Ellis Building —Fayetteville AR • Old Main Historic Renovations —Fayetteville AR STATEMENT OIPQ99002PQf 5W 1 11 Chris Hobby Chris leads the Ellingson Preconstruction team and provide oversite for all projects from inception until they are ready for construction. The mission of his team is to establish the relationships, budgets, and scopes of work required to prepare the project for success. Chris has delivered over $1 B in pre -construction budgets resulting in Director of successful projects for customers. Chris is very familiar with the needs of Preconstruction historic restorations, and will provide detailed quantity take -off of each chris@ellingsoncontracting.com system and element to ensure that each part of the project has been ac- counted for. Education/Certification: Partial Project Experience Includes: • Woolsey Historic Homestead —Fayetteville AR • B.S. Construction Management -John Brown Walker Stone House —Fayetteville AR University 1998 • • B.A. Human Resources - • Sulphur Springs Old School Complex —Sulphur Springs AR Harding University 1992 • Ellis Building —Fayetteville AR STATEMENT OIPQ9ALJfQ(3PQf 5W 1 12 Director of Operations rick@eIIingsoncontracting.com Education/Certification: • B.A. Construction Management - John Brown University - 2014 • Associate Constructor - American Institute of Constructors - 2014 • OSHA 30 Certified Rick Campbell Rick serves as the Director of Operations and oversees all project produc- tion and scheduling needs company -wide. Rick has managed each of the historic restoration projects that Ellingson Contracting has performed over the past decade. At Ellingson Contracting Rick also manages quality control and safety programs for our subcontractors and self -perform field crews to ensure that all completed work meets the expectations of both the design team Partial Project Experience Includes: • Woolsey Historic Homestead —Fayetteville AR • Walker Stone House —Fayetteville AR • Sulphur Springs Old School Complex —Sulphur Springs AR • Ellis Building —Fayetteville AR STATEMENT 0IPQ9ALJFQ4AQf 5W 1 13 Senior Project Manager daniel@ellingsoncontracting.com Education/Certification: • B.S. Construction Management, Business Administration Emphasis - John Brown University 2016 • OSHA 30 Certified • Rigging & Signaling, Trenching & Excavation, First Aid & CPR Training Daniel Coon Daniel has had extensive experience in both renovation and new construction work. He has worked both in the field and in the office in various roles that have allowed him to gain a wide grasp of knowledge of the industry. Daniel invests back into the construction industry by Adjunct teaching in the Construction Management Department at John Brown University. Partial Project Experience Includes: • Cookson Hills Addition • Colcord Campus Improvements • Saving Grace House Renovations • Inn of the Ozarks Repairs • Woolsey Historic Homestead STATEMENT oPagaLJf06mQ 5W 1 14 low Master Carpenter IIoyd@eIIingsoncontracting.com Education/Certification: • OSHA 30 Certified • First Aid and CPR Training • Equipment Operations Certificates Lloyd Reimer Lloyd has over 40 years of hands-on experience in performing renovation and restoration work in the Kansas and Arkansas regions. His attention to detail and craftmanship is proven through the projects he has managed in the past. Lloyd owned his own construction company for 35 years, which allowed him to develop skills in both customer service and quality control. Partial Project Experience Includes: • Woolsey Historic Homestead —Fayetteville AR • Walker Stone House —Fayetteville AR • Sulphur Springs Old School Complex —Sulphur Springs AR • Ellis Building —Fayetteville AR STATEMENT oPagaLJFNAaf 6W 1 15 Key Subcontractors a J Our partnerships in the construction industry help us to complete our team. The master mason and the master carpenter we have selected for this project both have decades of experience in their respective trades. Each of these craftsman take pride in the work they create, and have proven to be team players on past projects. The contact information for these individuals is listed below and representative past project pictures are provide in the following pages. Masonry Square One Masonry Mike Engstrom 2622 Locust Rd, Fort Scott, KS 66701 jamesengstrom69@gmail.com (913) 712-6397 Windows CKC Cabinet Steve Taylor 22540 Westwood Dr. Siloam Springs, AR 72761 swt8660@gmail.com (620) 724-0407 STATEMENT OIPOUALI107AQr61501 16 SQUARE ONE MASONRY & REti MRATIO\ 2622 Locust Rd, Fort Scott, KS 66701 jamesengstrom69@gmail.com 913-712-6397 Resume Square One Masonry & Restoration is a family owned and operated business with decades of experience in the restoration and preservation of historic masonry structures. We pride ourselves on preserving historic structures for future generations to enjoy. Projects 1. Kentucky State Capitol (Terra Cotta Dome restoration) At the Kentucky State Capitol building, we removed and cataloged approximately 2700 pieces of terra cotta that made up the dome shell. STATEMENT OIPOUAL F08AA46% 1 17 Proiects (Continued 2. 1st Presbyterian church, Boise Idaho (parapet wall restoration, and limestone coping replacement) At the 1st Presbyterian church in Boise Idaho, we removed all of the limestone coping stones and rebuilt bad areas of the parapets, installed new copper flashing, and re -set all coping stones. 3. Marshall County Court house, Marshalltown Iowa (extensive rebuilding of the brick tower due to tornado damage) At the Marshall County Court House, we rebuilt the base of the tower to support the new steel dome. Also, we had to disassemble various sections of wall (brick and limestone) and rebuild to its original condition. AN WA ta-n -IL STATEMENT OIPQ9ALJFQOAQf 5W 1 18 Proiects (Continued 4. Mississippi County Court House, Osceola AR (Terra cotta restoration and repoint) At the Mississippi County Court Houses we cut and repointed the entire building, along with the restoration of all the of the terra cotta around the structure. r ' MSUSWM COUNTY COURTHOUSE. :.� OSCEOL,. - - � .• � TM wh.w c�u.u. «. rw .. na « 'r • r r+� a a on.e. c...a.«w r r tyy � r .AI�II�L 5. Mississippi County Court House, Blytheville AR (Terra Cotta restoration and repoint) STATEMENT OIPOUAL FIOAC 61501 19 Proiects (Continued 6. Schifferdecker and Zelleken mansions in Joplin MO At the Schifferdecker and Zelleken mansions in Joplin MO, we cut and repointed both structures 100% along with both carriage houses. We replicated and rebuilt all the chim- neys using old photographs. We disassembled several doorways and reconstructed those. We hand carved several pieces of stone for new thresh holds. Schifferdecker Zelleken STATEMENT OIPQ9ALJFIdPQf 5W CKC Cabinet 22540 Westwood Dr. Siloam Springs, AR 72761 620 724-0407 Racuma CKC Cabinet is owned by Steve Taylor, who has over 20 years of millwork and finish trim experience, and 7 years as Owner of CKC Cabinet. Case Study Project Woolsey Farmhouse Restoration At the Woolsey Homestead, Steve recreated historic windows, doors, and fireplace mantles. STATEMENT OIPQ99042AIf 5W 1 21 Cedlingson contracting roBox ,zo2 Siloam Springs, AR 72761 479 549-9055 STATEMENT OIP(@9A FIaACM5I5§ j 1/11/2024 Unit Price Schedule 1, 2, & 3 Schedule 1 Labor Schedule 2 Material Schedule 3 Equipment Totals Item CITY UOM Crew Crew Rate Crew Hours Labor Total Labor Unit $ Material Rate Material Total Material Unit $ Equipment Rate CITY UOM Equipment Total Equipment Unit $ Total Total Unit $ General Conditions 6 MO lGeneral Conditions $ 121.55 N/A $ 91,097 $ 15,182.83 $ 2,195.65 $ 13,174 $ 2,195.65 $ 5,984.00 1 LS $ 5,984 $ 997.33 $ 110,255 $ 18,375.81 Demolition Areaway/Steps & Door Opening Demo 1 EA Demolition (2 man crew) $ 92.00 6 $ 552 $ 552.00 $ 278.09 $ 278 $ 278.09 $ 204.39 1 EA $ 204 $ 204.39 $ 1,034 $ 1,034.48 Window Removal 1 EA Demolition (2 man crew) $ 92.00 18 $ 1,656 $ 1,656.00 $ 834.28 $ 834 $ 834.28 $ 613.16 1 EA $ 613 $ 613.16 $ 3,103 $ 3,103.45 Remove Existing Doors 1 EA Demolition (2 man crew) $ 92.00 8 $ 736 $ 736.00 $ 370.79 $ 371 $ 370.79 $ 272.51 1 EA $ 273 $ 272.51 $ 1,379 $ 1,379.30 Remove Existing Doors 1 EA Demolition (2 man crew) $ 92.00 2 $ 184 $ 184.00 $ 92.70 $ 93 $ 92.70 $ 68.13 1 EA $ 68 $ 68.13 $ 345 $ 344.83 Remove Misc. Box/Device 1 EA Demolition (2 man crew) $ 92.00 1 $ 92 $ 92.00 $ 46.35 $ 46 $ 46.35 $ 34.07 1 EA $ 34 $ 34.07 $ 172 $ 172.42 Remove Trash/Debris from Crawspace 1 EA Demolition (2 man crew) $ 92.00 4 $ 368 $ 368.00 $ 185.39 $ 185 $ 185.39 $ 136.26 1 EA $ 136 $ 136.26 $ 690 $ 689.65 Remove all tree/Root System in its Entirety 1 EA Demolition (2 man crew) $ 92.00 2 $ 184 $ 184.00 $ 92.70 $ 93 $ 92.70 $ 68.13 1 EA $ 68 $ 68.13 $ 345 $ 344.83 Remove Existing Steps to crawlspace 1 EA Demolition (2 man crew) $ 92.00 2 $ 184 $ 184.00 $ 92.70 $ 93 $ 92.70 $ 68.13 1 EA $ 68 $ 68.13 $ 345 $ 344.83 Remove Existing Non -Load Bearing Partitions 1 EA Demolition (4 man crew) $ 184.00 50 $ 9,200 $ 9,200.00 $ 4,634.91 $ 4,635 $ 4,634.91 $ 3,406.45 1 EA $ 3,406 $ 3,406.45 $ 17,241 $ 17,241.35 Remove Existing Bead -Board and/ Pressed Tin 1 EA Demolition (2 man crew) $ 92.00 12 $ 1,104 $ 1,104.00 $ 556.19 $ 556 $ 556.19 $ 408.77 1 EA $ 409 $ 408.77 $ 2,069 $ 2,068.96 Masonry Interior Tuckpointing 1800 SF Masonry (Partial) $ 177.00 265 $ 46,905 $ 26.06 $ 2.75 $ 4,950 $ 2.75 $ - $ - $ - $ 51,855 $ 28.81 Exterior Tuckpointing 1800 SF Masonry (Partial) $ 177.00 265 $ 46,905 $ 26.06 $ 2.75 $ 4,950 $ 2.75 $ - $ - $ - $ 51,855 $ 28.81 Remove, Salvage, Clean Masonry 630 SF Masonry (Partial) $ 177.00 180 $ 31,860 $ 50.57 $ - $ - $ - $ 31,860 $ 50.57 Mortor Wash Removal 630 SF Masonry (Partial) $ 177.00 50 $ 8,850 $ 14.05 $ - $ - $ - $ 8,850 $ 14.05 Rebuild West Wall 630 SF Masonry (Partial) $ 177.00 850 $ 150,450 $ 238.81 $ 22.00 $ 13,860 $ 22.00 $ - $ - $ - $ 164,310 $ 260.81 Apply New Mortar Wash 630 SF Masonry (Partial) $ 177.00 50 $ 8,850 $ 14.05 $ - $ - $ - $ - $ - $ - $ 8,850 $ 14.05 New Parge Coat 170 SF Masonry (Partial) $ 177.00 100 $ 17,700 $ 104.12 $ - $ - $ - $ - $ - $ - $ 17,700 $ 104.12 Sill Removal & Replacemment 3 EA Masonry (Partial) $ 177.00 15 $ 2,655 $ 885.00 $ - $ - $ - $ - $ - $ - $ 2,655 $ 885.00 Stone Infill 3 EA Masonry (Partial) $ 160.00 175 $ 28,000 $ 9,333.33 $ 28,000 $ 9,333.33 New Nents 2 EA Masonry (Partial) $ 160.00 175 $ 28,000 $ 14,000.00 $ 28,000 $ 14,000.00 Metals Steel Security Bars, Frames, Lintels 3 EA Steel $ 103.00 120 $ 12,360 $ 4,120.00 $ 158.40 $ 475 $ 158.40 $ - $ - $ - $ 12,835 $ 4,278.40 West Elevation Lintels 3 EA Steel $ 103.00 40 $ 4,120 $ 1,373.33 $ 33.00 $ 99 $ 33.00 $ - $ - $ - $ 4,219 $ 1,406.33 Rough Carpentry New Crawlspace Stairs 1 EA Rough Carpentry $ 103.00 16 $ 1,648 $ 1,648.00 $ 660.00 $ 660 $ 660.00 $ - $ - $ - $ 2,308 $ 2,308.00 Entry Deck/Stairs 1 EA Rough Carpentry $ 103.00 20 $ 2,060 $ 2,060.00 $ 1,320.00 $ 1,320 $ 1,320.00 $ 198.00 1 LS $ 198 $ 198.00 $ 3,578 $ 3,578.00 New Columns/Footings 17 EA Rough Carpentry $ 103.00 141 $ 14,523 $ 854.29 $ 220.00 $ 3,740 $ 220.00 $ 785.40 1 LS $ 785 $ 46.20 $ 19,048 $ 1,120.49 Patch/Shore Floor Joists 1 EA Rough Carpentry $ 103.00 39 $ 4,017 $ 4,017.00 $ 1,100.00 $ 1,100 $ 1,100.00 $ - $ - $ - $ 5,117 $ 5,117.00 New Mid -Span Roof Beams 1 EA Rough Carpentry $ 103.00 72 $ 7,416 $ 7,416.00 $ 990.00 $ 990 $ 990.00 $ 1,320.00 1 LS $ 1,320 $ 1,320.00 $ 9,726 $ 9,726.00 Doors, Windows, and Louvers Double Door with Transom 1 EA Millwork $ 103.00 56 $ 5,768 $ 5,768.00 $ 9,618.95 $ 9,619 $ 9,618.95 $ 15,387 $ 15,386.95 Single Door with Sidelites South Elevation 1 EA Millwork $ 103.00 46 $ 4,738 $ 4,738.00 $ 10,894.40 $ 10,894 $ 10,894.40 $ 15,632 $ 15,632.40 Single Door South Elevation 1 EA Millwork $ 103.00 30 $ 3,090 $ 3,090.00 $ 3,179.00 $ 3,179 $ 3,179.00 $ 6,269 $ 6,269.00 Large Windows 1 6 EA IMillwork 1 $ 103.00 123 $ 12,669 $ 2,111.50 $ 1,670.08 $ 10,020 $ 1,670.08 $ 22,689 $ 3,781.58 Small Windows 1 3 EA IMillwork 1 $ 103.00 51 $ 5,253 $ 1,751.00 $ 835.03 $ 2,505 $ 835.03 $ 7,758 $ 2,586.03 Ellingson Contracting I PO Box 7202 1 Siloam Springs I AR 1 72761 Porter House Warehouse Page 114 of 560 1/11/2024 Unit Price Schedule 1, 2, & 3 Schedule 1 Labor Schedule 2 Material Schedule 3 Equipment Totals Item CITY UOM Crew Crew Rate Crew Hours Labor Total Labor Unit $ Material Rate Material Total Material Unit $ Equipment Rate CITY UOM Equipment Total Equipment Unit $ Total Total Unit $ Louvres 3 EA Millwork $ 103.00 22 $ 2,266 $ 755.33 $ 261.71 $ 785 $ 261.71 $ 3,051 $ 1,017.05 Roof framing, Roofing & Flashing South and West Metal Wall Copings 1 EA Sheet Metal (2 man crew) $ 172.00 34 $ 5,848 $ 5,848.00 $ 3,300.00 $ 3,300 $ 3,300.00 $ 9,148 $ 9,148.00 Clean Existing Gutters 1 EA Sheet Metal (2 man crew) $ 172.00 2 $ 344 $ 344.00 $ - $ - $ - $ 344 $ 344.00 New Elbows and Splash Blocks 2 EA Sheet Metal (2 man crew) $ 172.00 2 $ 344 $ 172.00 $ 55.00 $ 110 $ 55.00 $ 454 $ 227.00 Repair Roof Penetratrions 2 EA Sheet Metal (2 man crew) $ 172.00 6 $ 1,032 $ 516.00 $ 137.50 $ 275 $ 137.50 $ 1,307 $ 653.50 Painting Existing Door, Frame, and Louvers 1 EA Painting $ 84.00 20 $ 1,680 $ 1,680.00 $ 770.00 $ 770 $ 770.00 $ - $ - $ - $ 2,450 $ 2,450.00 New Louvers 3 EA Painnting $ 84.00 25 $ 2,100 $ 700.00 $ 770.00 $ 2,310 $ 770.00 $ - $ - $ - $ 4,410 $ 1,470.00 Subtotals $ 566,808 $ 96,270 $ 13,567 $ 676,646 Insurance 1.25% PCT $ 7,085 $ 1,203 $ 170 $ 8,458 Performance & Payment Bonds 2.00% PCT $ 11,478 $ 1,949 $ 275 $ 13,702 Subtotals $ 585,371 $ 99,423 $ 14,012 $ 698,806 Fee 5.00% PCT 29,269 $ 4,971 $ 701 $ 34,940 Grand Total +$$ 614,640 1 $ 104,394 1 $ 14,712 1 $ 733,746 Ellingson Contracting I PO Box 7202 1 Siloam Springs I AR 1 72761 Porter House Warehouse Page 115 of 560 Unit Price Schedule I Labor Crews Crew Labor Description # Persons Rate Total UOM General Conditions Superintendent 1 $ 80.00 $ 80.00 HRS General Conditions Project Manager 0.2 $ 94.00 $ 18.80 HRS General Conditions Assistant Project Manager 0.25 $ 68.00 $ 17.00 HRS General Conditions I Laborer 1 0.25 $ 23.00 1 $ 5.75 IHRS Masonry ITotal Crew Rate I 1 1 $ 121.55 Crew Labor Description # Persons Rate Total UOM Demolition Foreman 1 $ 46.00 $ 46.00 HRS Demolition Laborer 3 $ 46.00 $ 138.00 HRS Masonry Total Crew Rate $ 184.00 Crew Labor Description # Persons Rate Total UOM Masonry Master Mason 3 $ 105.00 $ 315.00 HRS Masonry Masonry Laborer 3 $ 72.00 $ 216.00 HRS Masonry Total Crew Rate $ 531.00 Crew Labor Description # Persons Rate Total UOM Rough Carpentry Master Carpenter 1 $ 80.00 $ 80.00 HRS Rough Carpentry Laborer 1 $ 23.00 $ 23.00 HRS Masonry Total Crew Rate $ 103.00 Crew Labor Description # Persons Rate Total UOM Painting Painter 1 $ 61.00 $ 61.00 HRS Painting Laborer 1 $ 23.00 $ 23.00 HRS Masonry Total Crew Rate $ 84.00 Crew Labor Description # Persons Rate Total UOM Millwork Master Carpenter 1 $ 80.00 $ 80.00 HRS Millwork Laborer 1 $ 23.00 $ 23.00 HRS Masonry Total Crew Rate $ 103.00 Crew Labor Description # Persons Rate Total UOM Roofing Sheet Metal Journeyman 1 $ 86.00 $ 86.00 HRS Roofing Sheet Metal Journeyman 1 $ 86.00 $ 86.00 HRS Masonry Total Crew Rate $ 172.00 Page 116 of 560 Ellingson Contracting One Year Detailed Balance Sheet Report ID: B1 As of November 30, 2023 2023 Year -To -Date Actual ASSETS CURRENT ASSETS Grand Savings Checking 8501 426,473.04 Grand Savings CD 9730 0.00 Grand Savings CD 1530 101,888.97 Arvest Checking Account x0913 5,547.20 Accounts Receivable 998,736.70 Contracts Receivable 0.00 Retainage Receivables 202,002.33 Other Receivables 0.00 Allowance for Doubtful Accts (34,036.72) Jobs in Progress/Cntrct Assets 153,443.43 Pre -paid expenses 12,187.38 Unbilled Receivables 0.00 Unapplied Job Materials 0.00 Other Current Assets 0.00 TOTAL CURRENT ASSETS 1,866,242.33 FIXED ASSETS Furniture and Fixtures 13,669.87 Office Equipment 5,835.54 Computers 0.00 Software 3,124.00 Tools & Equipment 449,933.22 Vehicles 609,542.51 Other Depreciable Property 0.00 Leasehold Improvements 0.00 Commercial Real Estate 96,416.00 Commercial RE Improvements 50,122.00 Right -of -Use 632,765.00 Land - Unimproved lots 0.00 1,861,408.14 LESS ACCUM. DEPRECIATION (282,294.44) NET FIXED ASSETS 1,579,113.70 OTHER ASSETS Due From SGR 9,054.48 This Financial Statement is private information. Please due not distribute. Pa >e I cage 117 of 560 Report ID: B1 Note Receivable - SGRE Note Rec-Corner Rental #230001 Note Rec-Corner Rental #230002 Due from CR1 Security Deposits - Pd by JBZ Payroll Clearing TOTAL OTHER ASSETS TOTAL ASSETS Ellingson Contracting One Year Detailed Balance Sheet As of November 30, 2023 2023 Year -To -Date Actual 199,641.11 71,777.16 55,000.00 0.00 0.00 35,654.94 371,127.69 3,816,483.72 This Financial Statement is private information. Please due not distribute. Pge 2 age 118 of 560 Report ID: B1 Ellingson Contracting One Year Detailed Balance Sheet As of November 30, 2023 2023 Year -To -Date Actual LIABILITIES & STOCKHOLDERS EQUITY CURRENT LIABILITIES Capital One Spark Payable 10,222.14 Lowes Card Payable 4,277.44 Security Bankcard Payable 0.00 Garnishments Payable 0.00 Accounts Payable 746,627.51 Retainage Payable 206,555.45 Accrued Wages 44,101.52 Accrued Property Taxes 5,186.43 Federal Payroll Tax Liabilitie 0.00 State WH Taxes Payable - AR 0.00 State WH Taxes Payable - OK 0.00 SUTA - AR 0.00 Employee Benefits Payable 0.00 Employee Deductions Payable (2.87) IRA Payable Fidelity 8.99 Accrued WC/GL 0.00 Payroll Tax Liabilities 0.00 Jobs in Progress/Cntrct Liabil 466,918.55 Current Portion Long -Term Debt 0.00 Notes Payable GSB - PPP Loan 0.00 Accrued Interest Payable 2,004.69 Current Portion LT Debt 60,609.25 Accrued Expenses 0.00 TOTAL CURRENT LIABILITIES 1,526,509.10 OTHER LIABILITIES Line of Credit - Commercial 0.00 Notes Payable GSB - 108 E Univ 0.00 Notes Payable - John Deere 17,613.48 Notes Payable - Kubota Credit 28,029.58 Notes Pybl GSB-PERM108 E Univ 286,324.96 Notes Pybl-GM Fin #304284 32,006.79 Notes Pybl-GM Fin #140411 38,894.39 Notes Payable - Ally #278076 38,659.41 Notes Payable - Ally #231550 43,746.07 Notes Pybl-GM Fin #359452 57,655.51 This Financial Statement is private information. Please due not distribute. Pa >e 3 cage 119 of 560 Ellingson Contracting This Financial Statement is private One Year Detailed Balance Sheet information. Please due not Report ID: B1 distribute. As of November 30, 2023 2023 Year -To -Date Actual Operating Lease 632,765.00 Notes Payable - Shareholder 0.00 Notes Pybl-TD Auto Fin #99417 56,083.87 Other Long -Term Liabilities 0.00 Less Current Long Term Debt (60,609.25) Inter Cost Center Posting 0.00 TOTAL OTHER LIABILITIES 1,171,169.81 TOTAL LIABILITIES 2,697,678.91 STOCKHOLDER EQUITY Beginning Balance Equity 0.00 Common Stock/Capital 300.00 Paid -in Capital 42,562.26 Dividends Paid (15,000.00) Retained Earnings 306,379.79 Shareholder Distributions 0.00 Prior Period Adjustment 0.00 YEAR-TO-DATE EARNINGS 436,408.17 TOTAL EQUITY 1,118,804.81 TOTAL LIABILITIES & EQUITY 3,816,483.72 Pa =e 4 age 120 of 560 Ellingson Contracting One Year Detailed Income Statement Report ID: 11 This Financial Statement is private information. 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As of November 30, 2023 2023 Year -To -Date Actual Row % REVENUE: Revenue 10,063,631.13 99.93 Profit/Loss Incomplete Project 0.00 0.00 Revenue - Misc 6,772.60 0.07 AR Ready for Business Grant 0.00 0.00 Econ Injury Disaster Loan Adv 0.00 0.00 TOTAL REVENUE 10,070,403.73 100.00 DIRECT JOB COSTS: Direct Labor Costs 508,961.27 5.05 Materials Costs 806,356.92 8.01 Equipment 300,166.14 2.98 Subcontract Labor 6,010,625.89 59.69 Closing Fees - COGS 0.00 0.00 Permits - COGS 500.00 0.00 Job Specific Bonds & Insurance 2,505.00 0.02 Cost of Sales -Other 0.00 0.00 PW Fringe Debit 605.00 0.01 PW Fringe Credit 0.00 0.00 Allocated from Indirect 844,154.04 8.38 TOTAL DIRECT JOB COSTS 8,473,874.26 84.15 GROSS MARGIN 1,596,529.47 15.85 OWNED EQUIPMENT COSTS: Vehicle Expenses 35.02 0.00 Vehicle Fuel 20,884.05 0.21 Vehicle Insurance 45,231.00 0.45 Vehicle Maintenance 26,263.99 0.26 Vehicle Registration/Tags 486.09 0.00 Vehicle Repairs 469.43 0.00 Vehicle Sales Taxes 9,075.16 0.09 Vehicle & Equip Property Taxes 4,545.58 0.05 Equipment Expense 51.50 0.00 Equipment Fuel 224.93 0.00 Equipment Maintenance 7,692.07 0.08 Equipment Repairs 7,749.59 0.08 Equipment Sales Tax 4,515.35 0.04 Pa >e 1 Page 121 of 560 Ellingson Contracting One Year Detailed Income Statement Report ID: 11 This Financial Statement is private information. 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As of November 30, 2023 2023 Year -To -Date Actual Row % Equipment Tags 184.00 0.00 Tax Expense RE Prop- Univ Lots 0.00 0.00 Equip allocation to direct (236,134.25) (2.34) TOTAL EQUIPMENT COSTS (108,726.49) (1.08) INDIRECT COSTS: Wages Project Managers 106,241.73 1.05 Bonuses - Project Managers 1,500.00 0.01 PTO - Project Managers 12,207.93 0.12 Wages Superintendents 171,302.78 1.70 Bonuses - Superintendents 32,900.00 0.33 PTO - Superintendent 27,101.56 0.27 Wages - Field non job 48,140.03 0.48 Bonus - Field 17,700.00 0.18 PTO - Field Labor 8,597.33 0.09 Wages -Corner Rent Nonsupervisr 23,368.13 0.23 Bonuses-CR Nonsupervisory 200.00 0.00 PTO-CR Nonsupervisory 770.00 0.01 Indirect Payroll Tax Expense 37,929.00 0.38 IndirectWC Expense 74,831.56 0.74 Indirect employee benefit exp 0.00 0.00 Job payroll tax expense 40,495.58 0.40 Job WC Expense 99,129.22 0.98 Clothing/Uniforms 3,470.90 0.03 Employee Benefit Programs 153,752.18 1.53 Insurance Expense 26,096.00 0.26 Insurance - Professional Liab 6,448.00 0.06 Insurance - Umbrella Policy 6,614.00 0.07 Officer Life Insurance Premium 1,178.23 0.01 Purchase Discounts (87.70) 0.00 Reimbursable Exp 17.30 0.00 Safety & Progress Meetings 51.04 0.00 Safety Apparel & PPE 7,404.58 0.07 Safety Training & Equipment 4,102.17 0.04 Small Tools & Equipment 21,488.10 0.21 Telephone 6,960.60 0.07 Warranty Expense 603.24 0.01 Pre employment testing 986.65 0.01 Allocate to Direct (844,154.04) (8.38) Pa >e 2 cage 122 of 560 Ellingson Contracting One Year Detailed Income Statement Report ID: 11 This Financial Statement is private information. 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As of November 30, 2023 2023 Year -To -Date Actual Row % TOTAL INDIRECT COSTS (11,380.39) (0.11) GROSS PROFIT 1,607,909.86 15.97 GENERAL AND ADMIN EXPENSES: Wages/Salaries-Officers 133,584.66 1.33 Bonuses - Officers 0.00 0.00 PTO - Officer 3,583.26 0.04 Wages/Salaries - Admin 95,529.00 0.95 Bonuses - Admin 4,000.00 0.04 PTO - Admin 5,673.00 0.06 Wages/Salaries-Estimating 134,859.19 1.34 Bonuses - Estimating 15,000.00 0.15 PTO - Estimating 10,201.65 0.10 Accrued Wages and Salaried 0.00 0.00 Wages/Salaries - BaselineD MGR 44,425.92 0.44 Bonuses - Baseline Demo Mgr 200.00 0.00 PTO - Baseline Demo Mgr 4,375.28 0.04 Wages/Salaries-Corner Rntl Mgr 39,536.88 0.39 Bonuses -Corner Rental Mgr 0.00 0.00 PTO - Corner Rental Mgr 2,307.60 0.02 Wages/Salaries - Asset Manager 27,000.00 0.27 Bonuses - Asset Manager 200.00 0.00 PTO - Asset Manager 3,000.00 0.03 Payroll Tax Expense 38,856.90 0.39 Payroll Tax ADP Adjustment 146.07 0.00 WC Expense 48,015.68 0.48 Employee benefits exp 0.00 0.00 IRA MATCH 12,056.95 0.12 Accounting/Legal 22,447.60 0.22 Advertising/Marketing 18,784.33 0.19 Bad Debt Expense 0.00 0.00 Bank Charges 125.00 0.00 Business Development 2,164.92 0.02 Charitable Contributions 51,018.65 0.51 Charitable Projects 5,886.29 0.06 Cleaning 0.00 0.00 Closing Fees (Paid at closing) 0.00 0.00 Computers 16,460.63 0.16 P Ne 123 of 560 Ellingson Contracting One Year Detailed Income Statement Report ID: 11 This Financial Statement is private information. 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As of November 30, 2023 2023 Year -To -Date Actual Row % Credit Card Rewards 0.00 0.00 Credit Card Use Fees 0.00 0.00 Depreciation Expense 0.00 0.00 Dues and Subscriptions Exp 3,197.20 0.03 Employee Education 25.00 0.00 Entertainment 16,300.01 0.16 Finance Charges 23.37 0.00 Estimating & PreCon 2,293.25 0.02 FF & E - Office 516.33 0.01 Insurance - 108 University 3,525.12 0.04 Insurance - 501 E 412 Hwy 14,714.88 0.15 Interest Expense 27,823.65 0.28 Interest - Credit Card 0.00 0.00 Internet 5,779.39 0.06 IT Services 780.00 0.01 Licenses 282.50 0.00 Maintenance & Repairs -Property 0.00 0.00 Maintenance -Office 108 Univer 6,741.29 0.07 Maintenance - Shop 118,171.45 1.17 Meals - Deductible 4,948.97 0.05 Meals - Nondeductible 3,118.86 0.03 Moving Expenses 5,000.00 0.05 Office Supplies 6,692.15 0.07 Penalties/Late Charges 0.00 0.00 Postage 718.35 0.01 Rent -Equipment 165.75 0.00 Rent - 501 US 412 Shop 131,725.00 1.31 Rent - Shop (608 S Hico) 1,000.00 0.01 Shop - supplies 2,431.15 0.02 Software 53,762.58 0.53 Taxes - Personal Income Taxes 5,500.00 0.05 Taxes Expense 11,697.04 0.12 Tax Expense RE Prop 108 E Univ 1,157.62 0.01 Tax - Bus Personal Property 5,592.76 0.06 Travel Expenses 3,840.39 0.04 Unemployment Taxes 0.00 0.00 Utilities -Office 4,702.57 0.05 Utilities -SHOP 7,963.90 0.08 Utilities -Other 0.00 0.00 Telephone 686.19 0.01 Pa =e 4 age 124 of 560 Ellingson Contracting One Year Detailed Income Statement Report ID: 11 As of November 30, 2023 Other Expense TOTAL G & A EXPENSES OTHER INCOME AND EXPENSES: Interest Income Other Income Oth Inc -Cancel of Indebtedness FF EE Income Gain/Loss Sale of Asset TOTAL OTHER INCOME & EXP NET INCOME This Financial Statement is private information. Please due not distribute. 2023 Year -To -Date Actual Row % 61.77 0.00 1,190, 377.95 11.82 17, 003.92 0.17 294.00 0.00 0.00 0.00 0.00 0.00 1,400.00 0.01 18,697.92 0.19 436,229.83 4.33 Pa =e 5 age 125 of 560 Appendix C - Bid Tab CITY OF FAYETTEVILLE ARKANSAS BID TABULATION Bid 23-47, Construction - Porter Warehouse Stabilization DEADLINE: Thursday, January 11, 2024 at 3:00 PM Certification of Funds: $810,000.00 ($1,012,S00.00 totol allowed) `REJECTED - OVERBID` Ellingson Contracting CDI Contractors, LLC JBZ Inc. Bodishbau $733,746.00 $1,212,265.00 Total Line # Description QTY UOM Unit Extended Unit Extended 1 ondsand insurance 1 LS $22,160.00 $22,160.00 $11,730.00 $11,730.00 2 MobilizationShall not exceed %S of Bid Total, not including bonds and insurance. 1 1 _ LS $20,000.00 $20,000.00 $31,767.00 $31,767.00 3 stimated Total Cost - DO NOT INCLUDE PRICING FOR MOBILIZATION OR BONDS AND INSURANCE IN THIS LINE ITEMThis 1 LS I $691,586.00 $691,586.00 $1,168,768.00 $1,168,768.00 mount shall match the Estimated Total Cost from Required Signature Forms/Project Manual. .NOTICE:8id award,, mnbngent upon vendor meeting minimum speafirabons and formal authorx tb by City Offinal, Amanda Beilfuss, Sr. rchasing Agent i t 2`4 Date I, ate Page 126 of 560 CITY OF CITY COUNCIL MEMO FAYETTEVILLE ARKANSAS 2024-1690 MEETING OF FEBRUARY 13, 2024 TO: Mayor Jordan and City Council THRU: Paul Becker, Chief Financial Officer FROM: Waylon Abernathy, Bond Projects & Construction Dir SUBJECT: Amendment to RFQ 21-01 contract for Construction Administration Services for Porter Warehouse Stabilization. RECOMMENDATION: Approval of amendment to RFQ 19-01 #17 contract 2023-32 with Revival Architecture for Construction Administration Services for the Porter Warehouse Stabilization Project. BACKGROUND: In 2019, Revival Architecture was chosen by a selection committee for a building conditions assessment, historical report and temporary stabilization drawings. 2019, Facilities staff procured vendors to provide temporary stabilization efforts. In 2020, the building was placed on the Historic Register. In 2023, an amendment was added for bid documents and bid assistance for the Masonry stabilization, Foundation repair, and window restoration. DISCUSSION: This amendment is for Construction Administration Services to oversee the Stabilization Project that is also on this agenda for approval. BUDGET/STAFF IMPACT: 2024 Capital Funds were approved for this project and will be allocated through accounts 4470.090.8900- 5314.00 Professional Services, project 2001.1 Porter Warehouse Stabilization. ATTACHMENTS: SRF (#3), Produce Warehouse CA Amendment (#4) Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 127 of 560 == City of Fayetteville, Arkansas y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2024-1690 Amendment to RFQ 21-01 contract for Construction Administration Services for Porter Warehouse Stabilization. A RESOLUTION TO APPROVE AN AMENDMENT TO THE CONTRACT WITH REVIVAL ARCHITECTURE, INC. IN THE AMOUNT OF $27,000.00 FOR CONSTRUCTION ADMINISTRATION SERVICES FOR THE PORTER WAREHOUSE STABILIZATION PROJECT WHEREAS, on May 7, 2019, the City Council approved Resolution 116-19 authorizing a contract with Revival Architecture, Inc. for a building conditions assessment, historical report and temporary stabilization drawings for the Porter Warehouse Stabilization Project; and WHEREAS, this amendment will provide for Construction Administration Services to oversee the Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section l: That the City Council of the City of Fayetteville, Arkansas hereby approves an amendment to the contract with Revival Architecture, Inc. in the amount of $27,000.00 for construction administration services for the Porter Warehouse Stabilization Project. Page 1 Page 128 of 560 City of Fayetteville Staff Review Form 2024-1690 Item ID 2/20/2024 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Wade Abernathy 1/25/2024 FACILITIES MANAGEMENT (140) Submitted By Submitted Date Division / Department Action Recommendation: Approval of an amendment to RFQ 21-01 #17 contract 2023-32 with Revival Architecture for thConstruction Administration Services for the Porter Warehouse Stabilizaiton Project in the amount of $27,000.00 4470.090.8900-5314.00 Account Number 20001.1 Project Number Budgeted Item? Yes Does item have a direct cost? Yes Is a Budget Adjustment attached? No Budget Impact: Professional Services Fund Porter Warehouse Stabilizaion Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Project Title $ 835, 600.00 $ 35,000.00 800,600.00 $ 27,000.00 773, 600.00 V20221130 Purchase Order Number: 2021-288 Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: 3 2023-32 Approval Date: Page 129 of 560 REVIVAL ARCHITECTURE P.O. Box 400 Scott, AR 72I42 50I.95I.33I6 www.revivalarch.com January 25, 2024 Quin Thompson Building and Facilities Maintenance Manager, City of Fayetteville I25 W. Mountain St. Fayetteville, AR 7270I Re: Porter Warehouse/Architectural Services Amendment for Construction Administration Dear Mr. Thompson: Thank you for inviting us to submit this proposal as an amendment to our current agreement. As discussed, this proposal is for providing construction administration for the project. A. Project Scope Reference Purchase Order No. 202I-00000288 dated 5/I4/2I as amended 7/I8/23. B. Architectural Services Provide typical construction administration services for the project consisting of attending a pre - construction meeting, regularly scheduled progress meetings, responding to RFI's, issuing proposal requests, change orders, review of monthly payment applications, submittals and substitution requests. Services include typical project close out including review of contract required close-out documentation. We anticipate making site visits at reasonable intervals, but especially at critical times to review required mock ups and samples such as workmanship of masonry and re -pointing. Services include the consultation of a structural engineer during the course of the project. C. Project Schedule While we have no control over the schedule, we anticipate the project moving into construction very soon. While the winter season may slow progress out of the gate, we would expect progress to speed up with warming and dryer weather in the hopes the project can be completed before November of this year. Services and fees proposed here anticipate a construction that is completed before the end of 2024. D. Project Budget A project cost of $733,476.00 was submitted to the City by Ellingson Contracting and based on drawings and specifications dated Oct 20`', 2023. Page 130 of 560 E. Fee Proposal We propose a fixed, lump sum fee in the amount of $27,000.00 for these services, which includes our expected expenses such as travel, printing and shipping. We have arrived at this figure in the following way: $733,746.00 x 8% = $58,700.00 - $34,500 current purchase orders = $24,200 (fee)+ $2,800 (anticipated expenses) = $27,000.00. F. Additional Services & Exclusions Revival Architecture, Inc. will provide other additional services when requested. Additional Services are defined as services outside of the basic Scope of Services. This proposal does not include the following services: • Intensive Programming or Schematic Design services for potential building uses. While we are certainly willing to provide input and ideas, and are capable of doing some simple planning and diagramming w/o charge, services do not include any extensive planning, design or renderings showing potential uses. • MEPFP nor civil engineering. G. Billing & Payment Revival Architecture, Inc. invoices fees on a monthly basis and coincides with completed services up to the end of each month. Payment is due upon receipt. Invoices that are not paid within forty-five (45) days of the date of the invoice will be considered delinquent. Should this proposal be accepted, please let us know. We look forward to hearing from you and moving ahead on this important project! Cordially, Aaron C. Ruby, AIA, EED AP Mayor Lioneld Jordan Date: Page 131 of 560 CITY OF CITY COUNCIL MEMO FAYETTEVILLE ARKANSAS 2024-1712 MEETING OF FEBRUARY 13, 2024 TO: Mayor Jordan and City Council THRU: Paul Becker, Chief Financial Officer FROM: Waylon Abernathy, Bond Projects & Construction Dir SUBJECT: Professional Services Contract with Engineering Elements, PLLC, for Engineering Services for City Hall HVAC Upgrades, Contingency and Budget Adjustment. RECOMMENDATION: Approval of RFQ-23-01, Selection 11 Professional Services Contract with Engineering Elements, PLLC for City Hall HVAC upgrades in the amount of $108,000, a project contingency of $6,307.00 and approve a budget adjustment. BACKGROUND: The current HVAC system was installed in City Hall in 1998. Our Facilities Staff has been servicing and maintaining the system to extend its use as long as possible. However, it has passed its life cycle. DISCUSSION: Services include Site Investigation and Study, Preliminary Design, Contract Documents, Bidding, and Construction Administration. BUDGET/STAFF IMPACT: A budget adjustment will allocate funds from these accounts. Account Number Expense Revenue Project Sub.Detl 4607.860.7710-5860.02 34,307 - 46070 7710 ................................................................................................................................................................................................................... 4470.140.8900-5860.02 73,693 - 15009 1 4470.140.8900-5911.99 6,307 15009 1 ATTACHMENTS: SRF (#3), BA (#4), RFQ 23-01 Sel. 11 - CONTRACT (#5), Appendix A - EEI Contract (#6), RFQ 23-01, Sel. 11 - Appendix B - City Issued RFQ (#7), RFQ 23-01, Sel. 11 - Appendix C - Engineering Elements Submittal (#8) Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 132 of 560 == City of Fayetteville, Arkansas y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2024-1712 Professional Services Contract with Engineering Elements, PLLC, for Engineering Services for City Hall HVAC Upgrades, Contingency and Budget Adjustment. A RESOLUTION TO APPROVE A PROFESSIONAL SERVICES CONTRACT IN THE AMOUNT OF $108,000.00 WITH ENGINEERING ELEMENTS, PLLC, PURSUANT TO RFQ #23-01, SELECTION 11, FOR CITY HALL HVAC UPGRADES, TO APPROVE A PROJECT CONTINGENCY OF $6,307.00, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, the current HVAC system was installed in City Hall in 1998 and the Facilities Management Division has been servicing and maintaining the system to extend its use as long as possible, but it has passed its life cycle. 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 Professional Services Contract in the amount of $108,000.00 with Engineering Elements, PLLC, pursuant to RFQ #23-01 Selection 11, for City Hall HVAC upgrades and further approves a project contingency in the amount of $6,307.00. 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 133 of 560 Wade Abernathy Submitted By City of Fayetteville Staff Review Form 2024-1712 Item ID 2/20/2024 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 1/31/2024 FACILITIES MANAGEMENT (140) Submitted Date Division / Department Action Recommendation: Approval of RFQ-23-01, Selection 11 Provessional Services Contract with Engineering Elements, PLLC for the City Hall HVAC Upgrades in the amount of $108,000.00 and approve a Budget Adjustment. This is a 2019 Facilities Bond Project. ***** Approval of $6,307 contingency **** 4607.860.7710-5860.02 4470.140.8900-5860.02 Account Number 15009.1 46070.7710 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: 4607 - City Facilities Bonds 2019 4470 - Sales Tax Fund Building Efficiency Improvements City Facilities, City Hall Improvements Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Project Title $ 114,307.00 114,307.00 $ 108,000.00 6,307.00 Previous Ordinance or Resolution # Approval Date: V20221130 Page 134 of 560 City of Fayetteville, Arkansas - Budget Adjustment (Agenda) Budget Year Division Adjustment Number FACILITIES MANAGEMENT (140) /Org2 2024 Requestor: Wade Abernathy BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Approval of RFQ-23-01, Selection 11 Provessional Services Contract with Engineering Elements, PLLC for the City Hall HVAC Upgrades in the amount of $108,000.00 and approve a Budget Adjustment. This is a 2019 Facilities Bond Project. COUNCIL DATE: 2/20/2024 ITEM ID#: 2024-1712 Nolly Black 21712024 7.79 AM RESOLUTION/ORDINANCE Budget Division Date TYPE: D - (City Council) JOURNAL#: GLDATE: CHKD/POSTED: TOTAL Account Number - - Increase / (Decrease) Expense Revenue Project.Sub# Project Sub.Detl AT v.2024116 Account Name 4607.860.7710-5860.02 34,307 - 46070 7710 EX Capital Prof Svcs - Engineering/Architecture 4470.140.8900-5860.02 4470.140.8900-5911.99 73,693 - 6,307 15009 15009 1 EX 1 EX Capital Prof Svcs - Engineering/Architecture Contingency - Capital Project 4607.860.7999-5899.00 4470.140.8900-5315.00 (34,307) - (80,000) - 46070 15009 7999 EX 1 EX Unallocated - Budget Contract Services I of 1 Page 135 of 560 Contract for Professional CITY OF Engineering/Architectural Services FAYETTEVILLE Selection #11 - City Hall HVAC Upgrades ARKANSAS Engineer/Architect: Engmeer►ng Elements, PLLC Term: Single Project THIS AGREEMENT (Contract) is executed this day of , 2024, by and between the City of Fayetteville, Arkansas acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE or CITY) and Engineering Elements, PLLC (hereinafter called Engineer/Architect or Engineering Elements). CITY OF FAYETTEVILLE from time to time requires professional Engineering and/or Architectural services in connection with the evaluation, design, construction drawings, bidding, and/or construction observation of capital improvement projects. Therefore, CITY and Engineering Elements in consideration of their mutual covenants agree as follows: Engineering Elements shall serve as the professional engineer/architect consultant to the CITY in those assignments to which this Agreement applies and shall give consultation and advice to CITY OF FAYETTEVILLE during the performance of services defined in the scope of work. All services shall be performed under the direction of a licensed engineer/architect registered in the State of Arkansas and qualified in the particular field. 1. Contracted parties: This agreement shall be binding between all parties. Fees for services shall be provided as identified in appendices. 2. Entire Agreement and Exhibits: This Agreement sets forth the entire agreement and understanding between the parties on the subject matter of this Agreement. Parties shall not be bound by any conditions, definitions, representations or warranties with respect to the subject matter of this Agreement other than those as expressly provided herein. This agreement may be modified only by a duly executed written instrument signed by the CITY and Engineering Elements. a. Appendices included under this agreement include the following and shall govern in the following order. Contract language in this document shall prevail over all exhibits: i. Appendix A: Scope of Work & Fees ii. Appendix B: City's solicitation identified as RFQ 23-01, Engineering & Architectural Services iii. Appendix C: Engineering Elements' Response to RFQ 23-01 iv. Appendix D: Engineering Elements' Certificate of Insurance 3. Notices: Any notice required under this Agreement shall be in writing, address to the appropriate party at the following addresses: a. City of Fayetteville: Attention: Mayor Lioneld Jordan, 113 W. Mountain, Fayetteville, AR 72701 b. Engineering Elements, PLLC: Attention: Shane Lanning, 2458 E. Joyce Blvd., Fayetteville, AR 72703 4. Fees, Expenses, and Payments: a. The Fixed Fee amount authorized for this agreement is $108,000.00 plus any reimbursable expenses attributed to the project. Progress payments shall be paid to Engineering Elements as described in Appendix A. b. Engineering Elements shall track, log, and report hours and expenses directly related to this Agreement. Invoices shall be itemized by phase. Invoice and payment requests shall not exceed the percentage for work completed as defined by Appendix A. RFQ 23-01, Engineering & Architectural Services — Selection 11 City Hall HVAC Upgrades — Engineering Elements PLLC Page 136 of 560 c. Payment Terms: All invoices are payable upon approval and due within thirty (30) calendar days. If a portion of an invoice or statement is disputed by CITY, the undisputed portion shall be paid. CITY OF FAYETTEVILLE shall advise Engineering Elements in writing of the basis for any disputed portion of any invoice. CITY shall make reasonable effort to pay invoices within 30 calendar days of date the invoice is approved. d. Monthly invoices for each calendar month shall be submitted to CITY OF FAYETTEVILLE or such parties as CITY may designate for professional services consistent with Engineering Elements' normal billing schedule. Once established, the billing schedule shall be maintained throughout the duration of the Project. Invoices shall be made in accordance with a format to be developed by Engineering Elements and approved by CITY OF FAYETTEVILLE. Applications for payment shall be accompanied each month by the updated project schedule as the basis for determining the value earned as the work is accomplished. Final payment for professional services shall be made upon CITY's approval and acceptance with the satisfactory completion of professional services for the Project. e. Final Payment: Upon satisfactory completion of the work performed under this Agreement, as a condition before final payment under this Agreement, or as a termination settlement under this Agreement, Engineering Elements shall execute and deliver to CITY OF FAYETTEVILLE a release of all claims against CITY OF FAYETTEVILLE arising under or by virtue of this Agreement, except claims which are specifically exempted by Engineering Elements to be set forth therein. i. Unless otherwise provided in this Agreement or by State law or otherwise expressly agreed to by the parties to this Agreement, final payment under this Agreement or settlement upon termination of this Agreement shall not constitute a waiver of CITY OF FAYETTEVILLE claims against Engineering Elements or sureties under this Agreement. 5. Jurisdiction: Legal jurisdiction to resolve any disputes shall be Arkansas with Arkansas law applying to the case. 6. Venue: Venue for all legal disputes shall be Washington County, Arkansas. 7. Changes in Scope or Price: Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. 8. Omissions by the Engineer/Architect: If Engineering Elements fails to include or omits an item from the Contract Documents, which was fully anticipated to be included in the Project, thereby necessitating the need for a Change Order, Engineering Elements will not receive a fee for work associated with the Change Order. 9. Insurance: Engineering Elements shall furnish a certificate of insurance addressed to the CITY OF FAYETTEVILLE, showing coverages for the following insurance which shall be maintained throughout the term of this agreement. Any work sublet to major subconsultants including MEP, Structural, and Civil, Engineering Elements shall require the subconsultant to provide the insurance identified. In case any employee engaged in work on the project under this contract is not protected under Worker's Compensation Insurance, Engineering Elements shall provide and shall cause each Subcontractor to provide adequate insurance for the protection of such of his employees as are not otherwise protected. a. Engineering Elements shall provide to the CITY certificates as evidence of the specified insurance presented in Appendix D within ten (10) calendar days of the date of this agreement and upon each renewal coverage. i. Certificates of Insurance shall list the CITY OF FAYETTEVILLE as an additional insured. Listing the CITY has a Certificate Holder only is NOT an acceptable substitute. Certificates of Insurance must include the endorsement(s) showing the CITY OF FAYETTEVILLE listed as an additional insured. RFQ 23-01, Engineering & Architectural Services — Selection 11 City Hall HVAC Upgrades — Engineering Elements PLLC Page 137 of 560 b. Subconsultants shall maintain reasonable insurance including but not limited to worker's compensation, auto as applicable, general liability, errors and omissions, etc. 10. Professional Responsibility: Engineering Elements will exercise reasonable skill, care, and diligence in the performance of services and will carry out its responsibilities in accordance with customarily accepted professional practices. CITY OF FAYETTEVILLE will promptly report to Engineering Elements any defects or suspected defects in services of which CITY OF FAYETTEVILLE becomes aware, so Engineering Elements can take measures to minimize the consequences of such a defect. CITY OF FAYETTEVILLE retains all remedies to recover for its damages caused by any negligence of Engineering Elements. 11. Responsibility of the City of Fayetteville: CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of Engineering Elements: a. Provide full information as to the requirements for the Project. b. Assist Engineering Elements by making available all available information pertinent to the assignment including previous reports and any other data relative thereto. c. Assist Engineering Elements in obtaining access to property reasonably necessary to perform the services under this Agreement. d. Examine all studies, reports, sketches, cost opinions, proposals, and other documents presented by Engineering Elements and render in writing decisions pertaining thereto. e. Review all documents and provide written comments to Engineering Elements in a timely manner. f. The City of Fayetteville Facilities Director is the project representative with respect to the services to be performed under this Agreement. The Facilities Director shall have complete authority to transmit instructions, receive information, interpret and define policies and decisions with respect to materials, equipment, elements and systems to be used in the Project, and other matters pertinent to the services covered by this Agreement. 12. Cost Opinions and Projections: Cost opinions and projections prepared by the Engineering Elements relating to construction costs and schedules, operation and maintenance costs, equipment characteristics and performance, cost estimating, and operating results are based on Engineering Elements' experience, qualifications, and judgment as a design professional. Since Engineering Elements has no control over weather, cost and availability of labor, material and equipment, labor productivity, construction Contractors' procedures and methods, unavoidable delays, construction Contractors' methods of determining prices, economic conditions, competitive bidding or market conditions, and other factors affecting such cost opinions or projections, Engineering Elements does not guarantee that actual rates, costs, performance, schedules, and related items will not vary from cost opinions and projections prepared by Engineering Elements. 13. Period of Service: This Agreement will become effective upon the first written notice by CITY OF FAYETTEVILLE authorizing services hereunder. a. The provisions of this Agreement have been agreed to in anticipation of the orderly progress of the Project through completion of the services stated in the Agreement. Engineering Elements will proceed with providing the authorized services immediately upon receipt of written authorization from CITY OF FAYETTEVILLE. Said authorization shall include the scope of the work authorized and the time in which the work is to be completed. 14. Termination: a. This Agreement may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party, provided that no termination may be effected unless the other party is given: RFQ 23-01, Engineering & Architectural Services — Selection 11 City Hall HVAC Upgrades — Engineering Elements PLLC Page 138 of 560 i. Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, ii. An opportunity for consultation with the terminating party prior to termination. b. This Agreement may be terminated in whole or in part in writing by CITY OF FAYETTEVILLE for its convenience, provided that Engineering Elements is given: i. Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, ii. An opportunity for consultation with the terminating party prior to termination. c. If termination for default is affected by CITY OF FAYETTEVILLE, an equitable adjustment in the price provided for in this Agreement shall be made, but i. No amount shall be allowed for anticipated profit on unperformed services or other work, ii. Any payment due to Engineering Elements at the time of termination may be adjusted to cover any additional costs to CITY OF FAYETTEVILLE because of Engineering Elements' default. d. If termination for default is affected by Engineering Elements, or if termination for convenience is affected by CITY OF FAYETTEVILLE, the equitable adjustment shall include a reasonable profit for services or other work performed. The equitable adjustment for any termination shall provide for payment to Engineering Elements for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by Engineering Elements relating to commitments which had become firm prior to the termination. e. Upon receipt of a termination action, Engineering Elements shall: i. Promptly discontinue all affected work (unless the notice directs otherwise), ii. Deliver or otherwise make available to CITY OF FAYETTEVILLE all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by Engineering Elements in performing this Agreement, whether completed or in process. f. Upon termination under sections above CITY OF FAYETTEVILLE may take over the work and may award another party an agreement to complete the work under this Agreement. g. If, after termination for failure of Engineering Elements to fulfill contractual obligations, it is determined that Engineering Elements had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of CITY OF FAYETTEVILLE. In such event, adjustments of the agreement price shall be made as provided in this agreement. 15. Delays a. In the event the services of Engineering Elements are suspended or delayed by CITY OF FAYETTEVILLE or by other events beyond reasonable control, Engineering Elements shall be entitled to additional compensation and time for reasonable documented costs actually incurred by Engineering Elements in temporarily closing down or delaying the Project. b. In the event the services are suspended or delayed by Engineering Elements, CITY shall be entitled to compensation for its reasonable costs incurred in temporarily closing down or delaying the project. The CITY does not agree to waive its right to claim (in addition to direct damages) special, indirect, or consequential damages, whether such liability arises in breach of contract or warranty, tort (including negligence), strict or statutory liability, or any other cause of action. 16. Rights and Benefits: Engineering Elements' services shall be performed solely for the benefit of CITY OF FAYETTEVILLE and not for the benefit of any other persons or entities. RFQ 23-01, Engineering & Architectural Services — Selection 11 City Hall HVAC Upgrades — Engineering Elements PLLC Page 139 of 560 17. Dispute Resolution a. Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes between CITY OF FAYETTEVILLE and Engineering Elements which arise from, or in any way are related to, this Agreement, including, but not limited to the interpretation of this Agreement, the enforcement of its terms, any acts, errors, or omissions of CITY OF FAYETTEVILLE or Engineering Elements in the performance of this Agreement, and disputes concerning payment. b. Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate. If timely Notice is given as described in this agreement, but an action is initiated prior to exhaustion of these procedures, such action shall be stayed, upon application by either party to a court of proper jurisdiction, until the procedures in this agreement have been complied with. c. Notice of Dispute i. For disputes arising prior to the making of final payment promptly after the occurrence of any incident, action, or failure to act upon which a claim is based, the party seeking relief shall serve the other party with a written Notice. ii. For disputes arising within one year after the making of final payment, CITY OF FAYETTEVILLE shall give Engineering Elements written Notice at the address listed in this agreement within thirty (30) calendar days after occurrence of any incident, accident, or first observance of defect or damage. In both instances, the Notice shall specify the nature and amount of relief sought, the reason relief should be granted, and the appropriate portions of this Agreement that authorize the relief requested. iii. Negotiation: Within seven (7) calendar days of receipt of the Notice, the Project Managers for CITY OF FAYETTEVILLE and Engineering Elements shall confer in an effort to resolve the dispute. If the dispute cannot be resolved at that level, then, upon written request of either side, the matter shall be referred to the President of Engineering Elements and the Mayor of CITY OF FAYETTEVILLE or his designee. These officers shall meet at the Project Site or such other location as is agreed upon within 30 calendar days of the written request to resolve the dispute. 18. Sufficient Funds: The CITY represents it has sufficient funds or the means of obtaining funds to remit payment to Engineering Elements for services rendered by Engineering Elements. 19. Publications: Recognizing the importance of professional development on the part of Engineering Elements' employees and the importance of Engineering Elements' public relations, Engineering Elements may prepare publications, such as technical papers, articles for periodicals, promotional materials, and press releases, in electronic or other format, pertaining to Engineering Elements' services for the Project. Such publications will be provided to CITY OF FAYETTEVILLE in draft form for CITY OF FAYETTEVILLE's advance review. CITY OF FAYETTEVILLE shall review such drafts promptly and provide CITY OF FAYETTEVILLE's comments to Engineering Elements, CITY OF FAYETTEVILLE may require deletion of proprietary data or confidential information from such publications, but otherwise CITY OF FAYETTEVILLE will not unreasonably withhold approval. Approved materials may be used in a variety of situations and do not require additional review or approval for each use. The cost of Engineering Elements' activities pertaining to any such publication shall be for Engineering Elements' account. 20. Indemnification: Engineering Elements shall indemnify, hold harmless and, not excluding the CITY's right to participate, defend the CITY and any of its officers, or employees from and against all liabilities, claims, actions, damages, losses and expenses, including without limitation reasonable attorneys' fees and costs, arising out of or resulting in any way from the performance of professional services for the CITY in Engineering Elements' capacity as an Engineer/Architect, and caused by any willful or negligent error, omission, or act of Engineering Elements or any person employed by it or anyone for whose acts Engineering Elements is legally liable. RFQ 23-01, Engineering & Architectural Services — Selection 11 City Hall HVAC Upgrades — Engineering Elements PLLC Page 140 of 560 21. Freedom of Information Act: CITY OF FAYETTEVILLE contracts and documents prepared while performing CITY contractual work are subject to the Arkansas Freedom of Information Act (FOIA). If a Freedom of Information Act request is presented to the CITY OF FAYETTEVILLE, the engineer/architect will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. 25-19-101 et. Seq.). Only legally authorized photo coping costs pursuant to the FOIA may be assessed for this compliance. 22. Debarment Certification: Engineering Elements hereby provides debarment/suspension certification indicating compliance with the below Federal Executive Order. Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving individual awards, using federal funds, and all sub -recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. Engineering Elements hereby attests its principal is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. 23. Ownership of Documents: a. All documents provided by CITY OF FAYETTEVILLE including original drawings, CAD drawings, estimates, field notes, and project data are and remain the property of CITY OF FAYETTEVILLE. Engineering Elements may retain reproduced copies of drawings and copies of other documents. b. Engineering and architectural documents, computer models, drawings, specifications and other hard copy or electronic media prepared by Engineering Elements as part of the Work shall become the property of CITY OF FAYETTEVILLE when Engineering Elements has been compensated for all Services rendered, provided, however, that Engineering Elements shall have an unrestricted perpetual license right to their use. Engineering Elements shall, however, retain its rights in its standard drawings details, specifications, databases, computer software, and other proprietary property. Rights to intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of Engineering Elements. c. Any files delivered in electronic medium may not work on systems and software different than those with which they were originally produced. Engineering Elements makes no warranty as to the compatibility of these files with any other system or software. Because of the potential degradation of electronic medium over time, in the event of a conflict between the sealed original drawings/hard copies and the electronic files, the sealed drawings/hard copies will govern. 24. Additional Responsibilities of Engineering Elements: a. Review, approval, or acceptance of design drawings, specifications, reports and other services furnished hereunder by CITY shall not in any way relieve Engineering Elements of responsibility for the technical adequacy of the work. Review, approval or acceptance of, or payment for any of the services by CITY shall not be construed as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. b. Engineering Elements shall be and shall remain liable, in accordance with applicable law, for all damages to CITY OF FAYETTEVILLE caused by Engineering Elements' negligent performance, except beyond the Engineering Elements normal standard of care, of any of the services furnished under this Agreement, and except for errors, omissions or other deficiencies to the extent attributable to CITY OF FAYETTEVILLE or CITY OF FAYETTEVILLE-furnished data. c. Engineering Elements' obligations under this clause are in addition to Engineering Elements' other express or implied assurances under this Agreement or State law and in no way diminish any RFQ 23-01, Engineering & Architectural Services — Selection 11 City Hall HVAC Upgrades — Engineering Elements PLLC Page 141 of 560 other rights that CITY OF FAYETTEVILLE may have against Engineering Elements for faulty materials, equipment, or work. 25. Audit and Access to Records: a. Engineering Elements shall maintain books, records, documents and other evidence directly pertinent to performance on work under this Agreement in accordance with generally accepted accounting principles and practices consistently applied in effect on the date of execution of this Agreement. b. Engineering Elements shall also maintain the financial information and data used by Engineering Elements in the preparation of support of the cost submission required for any negotiated agreement or change order and send to CITY OF FAYETTEVILLE a copy of the cost summary submitted. CITY OF FAYETTEVILLE, or any of their authorized representatives shall have access to all such books, records, documents and other evidence for the purpose of inspection, audit and copying during normal business hours. Engineering Elements will provide proper facilities for such access and inspection. c. Records shall be maintained and made available during performance on assisted work under this Agreement and until three years from the date of final payment for the project. In addition, those records which relate to any controversy arising out of such performance, or to costs or items to which an audit exception has been taken, shall be maintained and made available until three years after the date of resolution of such appeal, litigation, claim or exception. d. This right of access clause (with respect to financial records) applies to: i. Negotiated prime agreements: ii. Negotiated change orders or agreement amendments affecting the price of any formally advertised, competitively awarded, fixed price agreement: iii. Agreements or purchase orders under any agreement other than a formally advertised, competitively awarded, fixed price agreement. However, this right of access does not apply to a prime agreement, lower tier sub agreement or purchase order awarded after effective price competition, except: 1. With respect to record pertaining directly to sub agreement performance, excluding any financial records of Engineering Elements; 2. If there is any indication that fraud, gross abuse or corrupt practices may be involved; 3. If the sub agreement is terminated for default or for convenience. 26. Covenant Against Contingent Fees: a. Engineering Elements warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement of understanding for a commission, percentage, brokerage or continent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by Engineering Elements for the purpose of securing business. For breach or violation of this warranty, CITY OF FAYETTEVILLE shall have the right to annul this Agreement without liability or at its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. RFQ 23-01, Engineering & Architectural Services — Selection 11 City Hall HVAC Upgrades — Engineering Elements PLLC Page 142 of 560 27. Gratuities: a. If CITY OF FAYETTEVILLE finds after a notice and hearing that Engineering Elements or any of Engineering Elements' agents or representatives, offered or gave gratuities (in the form of entertainment, gifts or otherwise) to any official, employee or agent of CITY OF FAYETTEVILLE, or related third party contractor associated with this project, in an attempt to secure an agreement or favorable treatment in awarding, amending or making any determinations related to the performance of this Agreement, CITY OF FAYETTEVILLE may, by written notice to Engineering Elements terminate this Agreement. CITY OF FAYETTEVILLE may also pursue other rights and remedies that the law or this Agreement provides. However, the existence of the facts on which CITY OF FAYETTEVILLE bases such finding shall be in issue and may be reviewed in proceedings under the Remedies clause of this Agreement. b. The CITY may pursue the same remedies against Engineering Elements as it could pursue in the event of a breach of the Agreement by Engineering Elements. As a penalty, in addition to any other damages to which it may be entitled by law, CITY OF FAYETTEVILLE may pursue exemplary damages in an amount, as determined by CITY, which shall be not less than three nor more than ten times the costs Engineering Elements incurs in providing any such gratuities to any such officer or employee. 28. Clarification and Understanding of all parties: Engineering Elements shall not assign its duties under the terms of this agreement without prior written consent of the City. Subconsultants identified in Engineering Elements' response shall be permitted as being referenced herein. IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and ENGINEERING ELEMENTS, PLLC, by its authorized officer have made and executed this Agreement as of the day and year first above written. CITY OF FAYETTEVILLE. ARKANSAS By: LIONELD JORDAN, MAYOR ATTEST By: Kara Paxton, City Clerk Date Signed: RFQ 23-01, Engineering & Architectural Services — Selection 11 City Hall HVAC Upgrades — Engineering Elements PLLC ENGINEERING ELEMENTS. PLLC By: SHANE LANNING, 0 NER Date Signed: Page 143 of 560 E e Mr. Wade Abernathy City of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 Re: City Hall HVAC Upgrades Fayetteville, Arkansas Mr. Abernathy, Engineering Elements, PLLC 2458 E. Joyce Blvd, Suite 1 Fayetteville, Arkansas 72703 Phone (479) 695-1333 Fax: (479) 251-7982 January 24, 2024 I am pleased to propose mechanical/electrical engineering services to you for the above referenced project. This proposal is based on the preliminary information I received from your office and from our initial site visit on January 23. It is my understanding this project will consist of mechanical engineering design for upgrades to the HVAC systems throughout four stories of the City Hall building at 113 West Mountain. This proposal includes services that will be completed in multiple phases. We envision the phasing to include: Initial Site Investigation and Engineering Study Phase • Create existing floor plan of the existing building • Document existing HVAC systems including ductwork and piping layouts and sizes • Witness existing conditions and interview staff to identify inefficiencies and problems with existing HVAC systems. o Note: A variety of known issues related to the existing HVAC systems were identified and discussed during our initial meeting and walk-through with Client. These issues will be specifically addressed in our evaluation along with other findings our work may reveal. • Perform additional analysis and calculations to develop list of recommended upgrades • Provide summary report of recommended upgrades and review these with Client 2. Preliminary Design Phase • Perform design of highest -priority renovation scopes of work including development of preliminary design documents that can be used for budgeting purposes and conversations between engineers and City. This phase also includes formal load calculations for building heating and cooling requirements. o Note: In some cases, only partial system upgrades may be designed depending on the findings of the early -phase evaluation work and related discussions with Client. Also, wherever systems exhibit some performance deficiency but otherwise appear to have acceptable physical conditions, our design documents may direct contractors to make certain adjustments and/or balancing of such systems only (no replacement or upgrade of physical infrastructure). 3. Contract Documents Phase • Develop final drawings and specifications to be used for contractor bidding purposes. Note: We are aware future architectural remodeling will occur within this building and our design will endeavor to include accommodations for such remodel. 4. Construction Phase • Provide bidding support such as lead pre -bid walk-through • Answer contractor informal questions and formal RFIs • Develop and issue addenda as necessary • Perform submittal reviews • Perform periodic site visits for witnessing installation • Perform final punch list of project Page 144 of 560 • New HVAC system specifications are expected to consist of a mix of equipment types that may include either direct -exchange (DX) or hydronic (Chilled water / hot water) type technology based on project conditions. Air -side capabilities of new equipment are expected to feature variable air volume (VAV). For DX equipment, compressor staging and modulation capabilities will be considered against various factors such as temperature control, humidity control and equipment first -cost. o Note: Final selection of all system types will be coordinated with Client prior to issuing design documents. • Miscellaneous HVAC systems including ductwork, controls, air devices, and associated accessories. • Specification of new exhaust systems where required • Specification of new natural gas piping where required • Specification of new electrical circuits for new HVAC equipment where required (Ex. new conduit, wiring, and overcurrent protection as required.) • Specification of HVAC-related fire alarm system devices where required by code such as smoke / shut -down controls for systems exceeding 2,000 CFM capacity. Notes and exclusions: a. Access: This proposal is based on free and safe access, provided by the client, to systems within the scope of proposed work. b. Hours of Work: 8AM-5PM Monday -Friday excluding national holidays. C. Equipment Rental: Equipment rentals needed for high access are not included. d. Structural Engineering: Review by structural engineer is not included. e. Guarantees and Warranties: No guarantees or warranties, expressed or implied, are included in the engineering design services. The fee for the above -described services is proposed as a Fixed Fee of One Hundred Eight Thousand Dollars ($108,000) for our portion of the work plus any reimbursable expenses attributed to the project. Additional services that you may request will be provided on an hourly basis utilizing the following hourly rates: Principal Engineer $165 Project Engineer $135 If this proposal is acceptable please sign in the space provided and return a copy for my files. If you have any questions or need additional information, please contact me. Sincerely, Shane R. Lanning, P.E. Engineering Elements, P LC City of Fayetteville 2 Page 145 of 560 CITY OF FAYETTEVILLE ARKANSAS City of Fayetteville, Arkansas Purchasing Division — Room 306 113 W. Mountain Fayetteville, AR 72701 Phone: 479.575.8256 TDD (Telecommunication Device for the Deaf): 479.521.1316 REQUEST FOR QUALIFICATION: RFQ 23-01, Engineering & Architectural Services DEADLINE: Tuesday, January 31, 2023 before 2:00 PM, local time SR. PURCHASING AGENT: Amanda Beilfuss, abeilfuss@fayetteville-ar.gov DATE OF ISSUE AND ADVERTISEMENT: 01/08/2023 REQUEST FOR STATEMENTS OF QUAAFICIO RFQ 23-01, Engineering$frchitgcltl%NrSe0iM IV ' N QIt Is the Intent for the accepted resp n so���sele eqlicit to be considered for all engineering an ite t� s or . The City may select engineeCg whilects frr and e s from this RFQ as well as oroiects rel ican Rescue Plan. The City reserves the right su a pa rat at any time for any job specific en &inring r ar� ' tural selection. Submittals shall be sub tted %kAoad aCd ` Dlete submission on the Citv's electronic platform at responses. All statements of qualification shall be submitted in accordance with the attached City of Fayetteville specifications and documents attached hereto. Each Proposer is required to fill in every blank and shall supply all information requested; failure to do so may be used as basis of rejection. Any bid, proposal, or statements of qualification will be rejected that violates or conflicts with state, local, or federal laws, ordinances, or policies. The Proposer hereby offers to furnish & deliver the articles or services as specified, at the prices & terms stated herein, and in strict accordance with the specifications and general conditions of bidding, all of which are made a part of this offer. This offer is not subject to withdrawal unless upon mutual written agreement by the Proposer/Bidder and City Purchasing Director. City of Fayetteville, AR RFQ 23-01, Engineering & Architectural Services Page 1 of 14 Page 146 of 560 City of Fayetteville, AR RFQ 23-01, Engineering & Architectural Services Advertisement City of Fayetteville, AR Request for Statements of Qualification RFQ 23-01, Engineering & Architectural Services The City of Fayetteville, Arkansas, is requesting statements of qualifications from firms interested in providing engineering, architectural, & land surveying services for 2023 street, drainage, bridge, water & sewer, trails, parks, and other projects. All statements shall be received by Tuesday, January 31, 2023 before 2:00 PM, local time utilizing the City's electronic portal located at http://fayetteville-ar.Rov/bids. Late or misdirected proposals will not be accepted. Proposals will not be accepted after the deadline. The City of Fayetteville will not be responsible for lost or misdirected RFQ's, or failure of bidder's technical equipment. Forms & addendums can be downloaded from the City's electronic portal at htt et ville-ar.gov/bids. All questions regarding the process shall be directed to Amanda Beilfuss at abeilfuss@ fa ettevi$S�with lle-ar. ov or ( 575-8220. All interested parties shall be qualified to do business and lic in accor �all able laws of the state and local governments where the project is located. Interested arti shall �ered Arkansas Secretary of State. Pursuant to Arkansas Code Annotated §22-9-203 The t Fay ticoura ualified small, minority and women business enterprises to bid on and receive con or go vice tr n., Also, City of Fayetteville encourages all general contractors to subcontra ions ontr t t ifie Il, ority and women business enterprises. The City of Fayetteville reserves the rej ^all P o�al�and w e irregularities therein, and all parties agree that such rejection shall be with ut liabilit o he part f ity of F e eville for any damage or claim brought by any interested party because of such reje v*n r sh n erested seek any recourse of any kind against the City of Fayetteville because of such reje n . he filmy Stater�e response to this invitation shall constitute an agreement of the interested party to thnditi ss. • �� G� City of Fayetteville By: Amanda Beilfuss, Sr. Purchasing Agent P: 479.575.8220 abeilfuss@fayetteville-ar.gov TDD (Telecommunications Device for the Deaf): (479) 521-1316 Date of advertisement: 01/08/2023 This publication was paid for by the Purchasing Division of the City of Fayetteville, Arkansas. Amount paid: $XXX.XX. City of Fayetteville, AR RFQ 23-01, Engineering & Architectural Services Page 2 of 14 Page 147 of 560 City of Fayetteville, AR RFQ 23-01, Engineering & Architectural Services Appendix SECTION: PAGE NUMBER Cover Page 01 Advertisement 02 SECTION A: General Terms & Conditions 04 SECTION B: Vendor References 11 SECTION C: Summary Form 12 SECTION D: Signature Submittal 14 Appendix A: City Standard Federal Contract Provisions 15 City of Fayetteville, AR RFQ 23-01, Engineering & Architectural Services Page 3 of 14 Page 148 of 560 City of Fayetteville, AR RFQ 23-01, Engineering & Architectural Services SECTION A: General Terms & Conditions 1. SUBMISSION OF A STATEMENT OF QUALIFICATION SHALL INCLUDE: a. A written narrative describing the method or manner in which the Proposer proposes to satisfy requirements of this RFQ in the most cost-effective manner. The term Proposer shall be in reference to a firm or individual responding to this solicitation. The term proposal is used in this document as equal to statement of qualification. b. A description of the Proposer's experience in providing the same or similar services as outlined in the RFQ. This description should include the names of the person(s) who will provide the services, their qualifications, and the years of experience in performing this type of work. Also, include the reference information requested in this RFQ. c. Electronic Submittal: Proposers are required to go to http://fayetteville-ar.gov/bids and follow the prompts to submit a statement of qualification within the electronic platform. Physical submittals are not allowed for this RFQ. i. SWs shall be prepared simply and economically, providing a s%htforward, concise description of its ability to meet the requirements for the project. FancN ndings, colored displays, and promotional material are not required. Emphasis should be on comple6ys and clarity of content. All documents submitted thvifflkthe electrortal randard page size of 8 %2" x 11". Exceptions would be schem exhibit , n age re , and City required forms. Limit proposal to twenty- five (;5 a es or les Nang on - team resumes, references, and forms required by the Cit c�mpletioropos be uploaded in a PDF format to the City's electronic platfor \ ri to t\s cleadlin e. d. Proposals will be reviewed following ted d W was sho o tplie c r of this document. Only the names of responders will be avail a selections �be e all ear f ous projects. e. Proposers shall submit a s t of q fic%tion s n d cu tation published by the Fayetteville Purchasing Division. O f. Proposals must follow the format 01 RFQ. P s shoul ture their responses to follow the sequence of the RFQ, if provided. �► Proposers shall have ex e e in�Gvork o same or ature and must provide references that will satisfy g p p p Y the City of Fayetteville o r m a refe�i list of clients for whom they have performed similar services and must pr� in orma 'o queste n this document. h. Proposer is advis exce ti s t ans contained in this RFQ or the attached service a reement p p Y g must be identified i its re* o the Q. ilure to do so may lead the City to declare any such term non- negotiable. Proposer's it to e excep n to a non-negotiable term will not disqualify it from consideration for award. i. Local time shall be defined as the time in Fayetteville, Arkansas on the due date of the deadline. Documents shall be received before the deadline time as shown by the atomic clock located in the Purchasing Division Office. 2. WRITTEN REQUESTS FOR INTERPRETATIONS OR CLARIFICATION: No oral interpretations will be made to any firms as to the meaning of specifications or any other contract documents. All questions pertaining to the terms and conditions or scope of work of this proposal must be sent in writing via e-mail to the Purchasing Department. Responses to questions may be handled as an addendum if the response would provide clarification to the requirements of the proposal. All such addenda shall become part of the contract documents. The City will not be responsible for any other explanation or interpretation of the proposed RFQ made or given prior to the award of the contract. City of Fayetteville, AR RFQ 23-01, Engineering & Architectural Services Page 4 of 14 Page 149 of 560 3. RIGHTS OF CITY OF FAYETTEVILLE IN THIS PROCESS: In addition to all other rights of the City of Fayetteville, under state law, the City specifically reserves the following: d. The City of Fayetteville reserves the right to rank firms and negotiate with the highest-ranking firm. Negotiation with an individual Proposer does not require negotiation with others. e. The City of Fayetteville reserves the right to select the proposal that it believes will serve the best interest of the City. f. The City of Fayetteville reserves the right to accept or reject any or all proposals. g. The City of Fayetteville reserves the right to cancel the entire request. The City of Fayetteville reserves the right to remedy or waive technical or immaterial errors in the request for statements of qualification or resulting submittal. i. The City of Fayetteville reserves the right to request any necessary clarifications, additional information, or proposal data without changing the terms of the proposal. j. The City of Fayetteville reserves the right to make selection of the Propos r N rform the services required on the basis of the original proposals without negotiation. k. The City of Fayetteville intends on utilizing the receiv proposals for ,cable 20 e sneering, architectural, and land surveying projects. Projects believed t nder.$ ,by t will be selected by the Department/Division head in accordance with the res ted s` criteri is RFQ. Projects expected to exceed $35,000 shall be voted on by the sel&1t1Znrmmitte0j3`#any rel ntract exceeding $35,000 shall require formal authorization by the FayetteviCONS14 . . 4. EVALUATION CRITERIA: The evaluation criterion defines the f hat w �e%Vusecl byelecti ommittee to evaluate and score responsive, responsible and qualifie sals Propo sh i lude s c n formation to allow the selection committee to thoroughly evalua core szk. Each sal bm ed shall be evaluated and ranked by a selection committee. The contra wi I be a a edto th mos�jualifie oser, per the evaluation criteria listed in this RFQ. Proposers are not guarantee I,ye ke 5. COSTS INCURRED BY PROPOSERS: �► All expenses involved wit connection therewith, shal or for any other effort rtl ORAL PRESENTATIO An oral presentation an 7. CONFLICT OF INTEREST: roposals to the City, or any work performed in payment will be made for any responses received, ) prior to contract commencement. d of any firm, at the selection committee's discretion. d. The Proposer represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance or services required hereunder, as provided in City of Fayetteville Code Section 34.26 titled "Limited Authority of City Employee to Provide Services to the City". e. The Proposer shall promptly notify Amanda Beilfuss, City Sr. Purchasing Agent, in writing, of all potential conflicts of interest for any prospective business association, interest, or other circumstance which may influence or appear to influence the Proposer's judgment or quality of services being provided. Such written notification shall identify the prospective business association, interest or circumstance, the nature of which the Proposer may undertake and request an opinion to the City as to whether the association, interest or circumstance would, in the opinion of the City, constitute a conflict of interest if entered into by the Proposer. The City agrees to communicate with the Proposer its opinion via e-mail or first-class mail within thirty days of receipt of notification. City of Fayetteville, AR RFQ 23-01, Engineering & Architectural Services Page 5 of 14 Page 150 of 560 8. WITHDRAWAL OF PROPOSAL: A proposal may be withdrawn at any time. 9. LATE PROPOSAL OR MODIFICATIONS: d. Proposal and modifications received after the time set for the proposal submittal shall not be considered. Modifications in writing received prior to the deadline will be accepted. The City will not be responsible for misdirected responses. Proposers will receive an email confirmation after successful submission in the electronic submission platform. e. The time set for the deadline shall be local time for Fayetteville, AR. All proposals shall be received in the Purchasing Division BEFORE the deadline stated. The official clock to determine local time shall be the clock located in the electronic platform. 10. LOCAL, STATE, AND FEDERAL COMPLIANCE REQUIREMENTS: d. The laws of the State of Arkansas apply to any purchase made under this request for statements of qualification. Proposers shall comply with all local, state, and federal directives, orders and aws as applicable to this proposal and subsequent contract(s) including but not limited to Equal Employm�t ortunity (EEO), Disadvantaged Business Enterprises (DBE), & OSHA as applicable to this contract. Imo` e. Pursuant to Arkansas Code Annotated §22-9-203 The y of Fayette v,ncourag ualified small, minority and women business enterprises to bid on and receiv racts f,Qr o servic construction. Also, City of Fayetteville encourages all general contractors to s con ract pQ;t f their ct to qualified small, minority and women business enterprises. (�` 11. COLLUSION: The Proposer, by affixing his or her signatuthis pr Zgree toIlow &Poser certifies that his proposal is made without previous and s R ing, a m nt, or co on wi y person, firm or corporation making a proposal for the same ite or s�,rv and is i all spects it i out outside control, collusion, fraud, or otherwise illegal action. �� 12. RIGHT TO AUDIT, FOIA, AND JURISSICITON: O I d. The City of Fayetteville reserve e p vilege f iting a v n records as such records relate to purchases between the City and said vend r. e. Freedom of Information ct: it contr �i� doc r pared while performing City contractual work are subject to the Arkans F6m of I rion Ac . IFreedom of Information Act request is presented to the City of Fayetteville contractor ill o ev possible to provide the documents in a prompt and timely manner as presc the �Lrttansas Fi-pW�f 4nformation Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photoco ing ce uant t the�IA may be assessed for this compliance. f. Legal jurisdiction to res ve disputes shall be Arkansas with Arkansas law applying to the case. 13. CITY INDEMNIFICATION: The successful Proposer(s) agrees to indemnify the City and hold it harmless from and against all claims, liability, loss, damage or expense, including but not limited to counsel fees, arising from or by reason of any actual or claimed trademark, patent or copyright infringement or litigation based thereon, with respect to the services or any part thereof covered by this order, and such obligation shall survive acceptance of the services and payment thereof by the City. 14. VARIANCE FROM STANDARD TERMS & CONDITIONS: All standard terms and conditions stated in this request for statements of qualification apply to this contract except as specifically stated in the subsequent sections of this document, which take precedence, and should be fully understood by Proposers prior to submitting a proposal on this requirement. City of Fayetteville, AR RFQ 23-01, Engineering & Architectural Services Page 6 of 14 Page 151 of 560 15. ADA REQUIREMENT FOR PUBLIC NOTICES & TRANSLATION: Persons with disabilities requiring reasonable accommodation to participate in this proceeding/event, should call 479.521.1316 (telecommunications device for the deaf), not later than seven days prior to the deadline. Persons needing translation of this document shall contact the City of Fayetteville, Purchasing Division, immediately. 16. PAYMENTS AND INVOICING: The Proposer must specify in their proposal the exact company name and address which must be the same as invoices submitted for payment as a result of award of this RFQ. Further, the successful Proposer is responsible for immediately notifying the Purchasing Division of any company name change, which would cause invoicing to change from the name used at the time of the original RFQ. Payment will be made within thirty days of invoice received. The City of Fayetteville is very credit worthy and will not pay any interest or penalty for untimely payments. Payments can be processed through Proposer's acceptance of Visa at no additional costs to the City for expedited payment processing. The City will not agree to allow any increase in hourly rates by the contract without PRIOR Fayetteville City Council approval. 17. CANCELLATION: 0 18 The City reserves the right to cancel this contract without cause by giving tty (30) days prior notice to the Contractor in writing of the intention to cancel or with cause if at any time t'Co ractor fails to fulfill or abide by any of the terms or conditions specified. Failure of the contractor to comply with any of the prs of the a shal E sidered a material breach of contract and shall because for immediate termin do f the o' at the dire icon of the City of Fayetteville. In addition to all other legal remedies availabl t e C00fyville, t 1reserves the right to cancel and obtain from another source, any items and/ icese not e�elivered within the period of time from the date of order as determined by t� y of Fa\,0. A� / 1 In the event sufficient budgeted fu such occurrence and contract shaJ�, to the City. a,- 11 o ity shall notify the vendor of eriod without penalty or expense The Contractor shall perform this c '1n Aent re acting shall be allowed without prior written t. No as of su consent of the City. If a Propo e in ds to co ract a ti of this work, the Proposer shall disclose such intent in the proposal subriyed ar resu thi RFQ.0; In the event of a corpor thirty (30) calendar A occurs first. The' i include, but not be m interest or are contrary disclosed its intent to a. for purpose of this AgrE 19. NON-EXCLUSIVE CONTRACT: �tItl0 Verger, ntractor shall provide written notice to the City within Wj ntr t iTotice olLkch action or upon the occurrence of said action, whichever ii ate is cont ich shall not be unreasonably exercised by the City, shall ances i w� a corporate acquisition and/or merger represent a conflict of �a state, eral laws. Action by the City awarding a proposal to a firm that has subcontract in its response to the RFQ, without exception shall constitute approval Award of this RFQshall impose no obligation on the City to utilize the vendor for all work of this type, which may develop during the contract period. This is not an exclusive contract. The City specifically reserves the right to concurrently contract with other companies for similar work if it deems such an action to be in the City's best interest. In the case of multiple -phase contracts, this provision shall apply separately to each item. 20. ADDITIONAL REQUIREMENTS: The City reserves the right to request additional services relating to this RFQ from the Proposer. When approved by the City as an amendment to the contract and authorized in writing prior to work, the Contractor shall provide such additional requirements as may become necessary. City of Fayetteville, AR RFQ 23-01, Engineering & Architectural Services Page 7 of 14 Page 152 of 560 21. SERVICES AGREEMENT: A written agreement, in substantially the form attached, incorporating the RFQ and the successful proposal will be prepared by the City, signed by the successful Proposer and presented to the City of Fayetteville for approval and signature of the Mayor. 22. INTEGRITY OF STATEMENT OF QUALIFICATION (RFQ) DOCUMENTS: Proposers shall use the original RFQ form(s) provided by the Purchasing Division and enter information only in the spaces where a response is requested. Proposers may use an attachment as an addendum to the RFQ form(s) if sufficient space is not available on the original form for the Proposer to enter a complete response. Any modifications or alterations to the original RFQ documents by the Proposer, whether intentional or otherwise, will constitute grounds for rejection of such RFQ response. Any such modifications or alterations a Proposer wishes to propose shall be clearly stated in the Proposer's RFQ response and presented in the form of an addendum to the original RFQ documents. 23. LOBBYING: Lobbying or communicating with selection committee members, City of Fayetteville employees, or elected officials regarding request for proposals, request for qualifications, bids or contracts, during ke pendency of bid protest, by the bidder/proposer/protestor or any member of the bid der's/propose r's/pkesto 's staff, and agent of the bidder/proposer/protestor, or any person employed by any legal entity affiliated Ah or re enting an organization that is responding to the request for proposal, request for lification, bi ntra t, pending bid protest is strictly prohibited either upon advertisement or on a date lished•bb ity of F ille and shall be prohibited until either an award is final or the protest is final r olve by th f Faye ; provided, however, nothing herein shall prohibit aprospective/bidder/propos contacti, DFurch ivision to address situations such as clarification and/or questions related to the r u ement rs. For pu of this provision lobbying activities or communication shall include but not be li t to, infl g or at i to nce action or non -action in connection with any request for proposal, st f ation i rr ntr t r igh direct or indirect oral or written communication or an attempt ain goo I f pe ns /or specified in this provision. Such actions may cause any request for p preq est for qualifi do , bid or t to be rejected. 24. DEBARRED ENTITIES: P P B submittin a statement of ualificati v or sta mitten e i not a debarred contractor with the federal Bysubmitting q g any state, or local government. 25. OTHER GENERAL CONDITIONS: �I d. Proposers shall provid tH Gwith r signed V employee having legal authority to submit proposals on behalf of the Pro The en of pre g and providing responses shall be borne by the Proposer. e. The City reserves n t to rest any a i ormation it deems necessary from any or all Proposers after the submission dead ne. �[�r f. The request for statem t qualification is not to be construed as an offer, a contract, or a commitment of any kind; nor does it commit e city to pay for any costs incurred by Proposer in preparation. It shall be clearly understood that any costs incurred by the Proposer in responding to this request for statements of qualification is at the Proposer's own risk and expense as a cost of doing business. The City of Fayetteville shall not be liable for reimbursement to the Proposer for any expense so incurred, regardless of whether or not the proposal is accepted. g. If products, components, or services other than those described in this bid document are proposed, the Proposer must include complete descriptive literature for each. All requests for additional information must be received within five working days following the request. h. Any uncertainties shall be brought to the attention to Amanda Beilfuss immediately via telephone (479.575.8220) or e-mail (abeilfuss@favetteville-ar.gov). It is the intent and goal of the City of Fayetteville Purchasing Division to City of Fayetteville, AR RFQ 23-01, Engineering & Architectural Services Page 8 of 14 Page 153 of 560 provide documents providing a clear and accurate understanding of the scope of work to be completed and/or goods to be provided. We encourage all interested parties to ask questions to enable all Proposers to be on equal terms. Any inquiries or requests for explanation in regard to the City's requirements should be made promptly to Amanda Beilfuss, City of Fayetteville, Sr. Purchasing Agent via e-mail (abeilfuss@fayetteville-ar.gov) or telephone (479.575.8220). No oral interpretation or clarifications will be given as to the meaning of any part of this request for statements of qualification. All questions, clarifications, and requests, together with answers, if any, will be provided to all firms via written addendum. Names of firms submitting any questions, clarifications, or requests will not be disclosed until after a contract is in place. j. At the discretion of the City, one or more firms may be asked for more detailed information before final ranking of the firms, which may also include oral interviews. k. Any information provided herein is intended to assist the Proposer in the preparation of proposals necessary to properly respond to this RFQ. The RFQ is designed to provide qualified Proposers with sufficient basic information to submit proposals meeting minimum specifications and/or test requirements �is not intended to limit a RFQ's content or to exclude any relevant or essential data. I. Proposers irrevocably consent that any legal action or proceeding against it Nuer, arisi out of or in any manner relating to this Contract shall be controlled by Arkansas aw. Proposer by expres irrevocably waives any claim or defense in any said action or proceeding bas ny allegeof juris or improper venue or any similar basis. � m. The successful Proposer shall not assign the o any part f��Contr °�o1�ny monies due or to become due hereunder without written consent of City of evill Gse the su ce fUl Proposer assigns all or any part of any monies due or to become due under t ntract, 3strum s all contain a clause substan- tially to the effect that is agreed that t of nee i an nyfo,11sueor to become due to the successful Proposer shall be subjec to rior liens per s,s, a orations for services rendered or materials supplied for the perforRin f th services calle for this c r n. The successful Proposer's at s r ed'to t at all lica le Federal and State laws, municipal ordinances, and the rules and egul do all a h iti s havin ction over the services shall apply to the contract throughout, and they will med to b . c ded in t tract as though written out in full herein. The successful Proposer shall keep i e ers If in orme aws, ordinances and regulations of the Federal, State, and municipal gover nts r aut s in any affecting those engaged or employed in providing these services or in any of tin ct of th ces and of all orders and decrees of bodies or tribunals having any jurisdictio a orit ov e. If a y di crepancy or inconsistency should be discovered in these Contract Docume s r the speci tions hen erred to, in relation to any such law, ordinance, regulation, order or decree, s shall he e ' report sin writing to City of Fayetteville. • o. All interested parties sh n d the Ci not utilizing AIA contracts for projects. Standard City contracts will be used for all projects. 26. INSURANCE: d. Any project selected under this RFQ shall require professional liability insurance in the amount of $1 million US dollars, at minimum. Such Certificate of Insurance shall list the City as an additional insured and not be required unless firm is selected. 27. ATTACHMENTS: a. Appendix A: City Standard Federal Contract Provisions City of Fayetteville, AR RFQ 23-01, Engineering & Architectural Services Page 9 of 14 Page 154 of 560 28. SELECTION CRITERIA: The evaluation criterion below defines the factors which will be used by the selection committee to evaluate and score responsive, responsible and qualified proposals. The evaluation factors are as follows: 1. 30 Points — Specialized experience and technical competence of the firm with respect to the type of professional services required 2. 25 Points —Capacity and capability of the firm the perform the work in question including specialized services, within the time limitations fixed for the completion of the project 3. 25 Points — Past record of performance of the firm with respect to such factors as control of costs, quality of work, and ability to meet schedules and deadlines 4. 20 Points — Firm's proximity to and familiarity with the area in which the project is located "Note: Price shall not be a considered factor used to select a vendor. In the event the City is not able to negotiate a successful contract with the selected vendor, the City reserves the right to cease negotiations with such selected vendor and proceed on to the next selected vendor. Statements of Qualificatio EKro osals shall NOT include prices, hourly fees, consulting rates, etc. of any kind. w G O ♦ G � � G ,Q Po P � J •�� G G♦ City of Fayetteville, AR RFQ 23-01, Engineering & Architectural Services Page 10 of 14 Page 155 of 560 City of Fayetteville, AR RFQ 23-01, Engineering & Architectural Services SECTION B: Vendor References The following information is required from all firms so all statements of qualification may be reviewed and properly evaluated: COMPANY NAME: NUMBER OF YEARS IN BUSINESS: HOW LONG IN PRESENT LOCATION: TOTAL NUMBER OF CURRENT EMPLOYEES: NUMBER OF EMPLOYEES PLANNED FOR THIS CONTRACT: FULL TIME PART TI M E FULLTIME PARTTIME PLEASE LIST FOUR (4) REFERENCES THAT YOU HAVE PREVIOUSLY PERFORMED CONTRACT SERVICES FOR WITHIN THE PAST FIVE (5) YEARS (All fields must be completed): 1. COMPANY NAME CITY, STATE, ZIP CONTACT PERSON V TELEPHONE _^ FAX NUMBER , E-MAIL ADDRESS 3. COMPANY NAME CITY, STATE, ZIP U N CONTACT PERSON TELEPHONE FAX NUMBER E-MAIL ADDRESS City of Fayetteville, AR RFQ 23-01, Engineering & Architectural Services Page 11 of 14 2. COMPANY NA CITY, S IP ACT E� T NE J XNUM DDRESS NFO 4. COMPANY NAME CITY, STATE, ZIP CONTACT PERSON TELEPHONE FAX NUMBER E-MAIL ADDRESS Page 156 of 560 City of Fayetteville, AR RFQ 23-01, Engineering & Architectural Services SECTION C: 2023 Annual Statement of Qualifications Summary Form ATTENTION: This form shall be completed and returned with EACH SUBMITTED Statement of Qualification. The City will utilize the selection marked by each firm to correspond with the scope of work for each project. NAME OF FIRM: SUMMARY STATEMENT: Proposer should provide summary information on this form by checking the areas of expertise based on experience and qualifications. This form must be completed and returned in order for your proposal to be eligible for consideration. Airport Architecture Bridges Mechanical Natural Resource/Conservation Planning Parks: rk'iall�orestry Planning Carbon Sequestration Analysis Parks: L Dedic b'n Fees Consultant Civil/Structural Design S NNility Climate Resilience Analysis 'Odio Desi�► Construction Administration �`� r Storm Management K(u Drainage Design, Analysis, & Planningv► Ecosystem Services Analysis �•` _ Electrical Environmental Analysis, Re n, &� Permitting � Environmental Water rvices O `` Floodplain Services GIS Mapping Geotechnical Engi e g Hydrology Independ t ee stimat s\X • �� Interior Desi Landscape ArchiQCtA LEED Sites Certin Lighting Design Master Planning: Arts/Culture Master Planning: City/Government Master Planning: Parks Master Planning: Streets Master Planning: Wastewater Master Planning: Water City of Fayetteville, AR RFQ 23-01, Engineering & Architectural Services Page 12 of 14 ..S/ttoR��� er Modeling A. rin� i�tc�n ur ing ainability Design jFesting Services: Soil/Materials Traffic Studies Utility Asset Inspections Value Engineering Wastewater Design Wastewater Management Wastewater Modeling Wastewater Rate Studies Wastewater SSES Water/ Sewer Rate Studies Water Audit Services Water Design Water Management Water Modeling Water Quality Monitoring Wetlands Page 157 of 560 City of Fayetteville, AR RFQ 23-01, Engineering & Architectural Services SECTION D: Signature Submittal DISCLOSURE INFORMATION Proposer must disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. Proposer response must disclose if a known relationship exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official. If, to your knowledge, no relationship exists, this should also be stated in your response. Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result of your response. This form must be completed and returned in order for your bid/proposal to be eligible for consideration. PLEASE CHECK ONE OF THE FOLLOWING TWO OPTIONS, AS IT APPROPRIATELY APPLIES TO YOUR FIRM: 1) NO KNOWN RELATIONSHIP EXISTS N 2) RELATIONSHIP EXISTS (Please explain)_ I certify that; as an officer of this organization, or per ched I authoAiel�n, am duly authorized to certify the information provided herein are accurate and tr my o ion sh ly ' h all State and Federal Equal Opportunity and Non -Discrimination requireme con iti empI Pursuant Arkansas Code Annotated §25- he Contrac agreeMcertifiia ey do not currently boycott Israel and will not boycott Israel duri me in Int{iey N4y ' g into, whi e in contract, with any public entity as defined in §25-1-503. If at a time du n ontract h ractor des to boycott Israel, the contractor must notifythe contracted public entity in writin P Y V 2. PRIMARY CONTACT INFORM ATI At the discretion of the City, o o firm asked folr Ie detailed information before final ranking of the firms, which may also include or i rviews. Nl ach P er shall submit to the City a primary contact name, e-mail address, and phone num r e the C' y's Nurch is n can contact for clarification or interview request. Name of Firm: C Name of Primary Contact: Title of Primary Contact: Phone Number: E-Mail Address: City of Fayetteville, AR RFQ 23-01, Engineering & Architectural Services Page 13 of 14 Page 158 of 560 3. ACKNOWLEDGEMENT OF ADDENDA Acknowledge receipt of addenda for this invitation to bid, request for proposal, or request for qualification by signing and dating below. All addendums are hereby made a part of the bid or RFP documents to the same extent as though it were originally included therein. Proposers/Bidders should indicate their receipt of same in the appropriate blank listed herein. Failure to do so may subject Contractor to disqualification. ADDENDUM NO. SIGNATURE AND PRINTED NAME DATE ACKNOWLEDGED 4. DEBARMENT CERTIFICATION: As an interested party on this project, you are required to provide debarment/su ension certification indicating in compliance with the below Federal Executive Order. Certification can be done by c ple g and signing this form. Federal Executive Order (E.O.) 12549 "Debarment and Suspensi " requires tha contracto ving individual awards, using federal funds, and all sub -recipients certify that the ationa n rincipa of debarred, suspended, proposed for debarment, declared ineligible, or voluntari x ded ment or agency from doing VNWederaI business with the Federal Government. �[�//�► Signature certifies that neither you nor your princi esentl�red, s��pended, pro sed for debarment, declared ineligible, or voluntarily excluded from particip this rrion b a feral rt t or agency. �� Questions regarding this form should bed to the City of Fay toj'Ile Purc s vision. COMPANY: (%\ % Voz X I V PHYSICAL ADDRESS: v MAILING ADDRESS: PHONE: FAX: E-MAIL: TAX ID #: UEI #: Signed (By submitting your response, you certify that you are authorized to represent and bind your company): SIGNATURE: PRINTED NAME: TITLE: DATE: City of Fayetteville, AR RFQ 23-01, Engineering & Architectural Services Page 14 of 14 Page 159 of 560 CITY OF FAYETTEVILLE ARKANSAS RFQ 23-01, Engineering and Architectural Services Appendix A: Contract Provisions for Non -Federal Entity Contracts Under Federal Awards CODE OF FEDERAL REGULATIONS TITLE 2 — GRANTS AND AGREEMENTS PART 200, APPENDIX II Appendix A: Appendix II to Part 200 — Contract Provisions for Non -Federal Entity Contracts Under Federal Awards Appendix II to Part 200, Title 2 — Contract Provisions for Non -Federal Entity Contracts Under Federal Awards https://www.govi nfo.gov/content/pkg/CFR-2021-title2-vol l/pdf/CFR-2021-title2-vol l-pa rt200.pdf Contractors and vendors shall comply with the following federal guidelines, in accordance wit Nar most recent published version of Appendix II to Part 200—Contract Provisions for Non -Federal Entity Contracts Under Federa . The definition of a "non -Federal entity" in this section shall mean the City of Fayetteville, AR. Language in this Appendix shall verride supersede any language contained in the bid documents. All parties shall understand th��ms "vendor" "contr ct apply to a design firm, construction contractor and/or sub -contractor. Language in this a n�lx shall_a� it is ap to federal law. Design firms shall incorporate all applicable federal language into bid specifns, gqualifi lT�quire d contract documents prepared for City of Fayetteville projects. 6�+ic,t 1. Termination for Cause and Convenience a. The City of Fayetteville reserves t lit to n Cont ct,ut c s iving thirty (30) days' notice to the vendor of the intent to ca e or with cau i tan mend to fulfill or abide b an of the terms Y Y or conditions specified. T me shall be auto m tical termin e ds under federal award, number are discontinued by the a genc mason inat��n sh take effect upon receipt of written notice. If there is a need to set on an ea minatio OV'a7paymen o the termination date would be determined by incurrence of allowab e co bye leti s , by per ��.•,,��ime completed up to the settlement, or some other method as defined b y upon ev o the ven cords. ✓✓✓i► op a. Failure of the vendo co y with of t e prov' ' f this contract shall be considered a material breach of contract and shall ca for im ermin . he contract at the discretion of the City of Fayetteville. b. In addition therlegal e s avai � the City of Fayetteville, the City reserves the right to cancel and obtain fro er sour an servi Piave not been provided within the period of time stated in the proposal, or no s4XIWAis state wi i a reasonable period of time from the date of order or request, as determined by th �� 2. Equal Employment Opportu — Vendor shall comply with 41 CFR 60-1.4(b) a. During the performance of this contract, the vendor agrees as follows: (1) The vendor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The vendor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The vendor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. City of Fayetteville, AR Appendix A - Contract Provisions for Non -Federal Entity Contracts Under Federal Awards, CFR Part 200, Appendix II Last Updated: 12/02/2022 Page 1 of 7 Page 160 of 560 (2) The vendor will, in all solicitations or advertisements for employees placed by or on behalf of the vendor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The vendor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the vendor's legal duty to furnish information. (4) The vendor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the vendor's co Itments under this section, and shall post copies of the notice in conspicuous places av ilao employees and applicants for employment. (5) The vendor will comply with all provisions of Execut1W Order 1124LdGIlDtember 24, 1965, and of the rules, regulations, and reli (6) The vendor will furnish all info 24, 1965, and by rules, r%gWi will permit access to his>V\ ers of the Xtlry of n r�r quithe Smounts by of Labor for purposestigal�E ascertai l� orders. ' (7) In the event o t ndor'n-Oplianc it h h no with any of e aid rules, r tion r or s, th' susp nd it ole in p�rt and th ven or may �►Itive Order 11246 of September T Labor, or pursuant thereto, and inistering agency and the Secretary with such rules, regulations, and &Ation clauses of this contract or may be canceled, terminated, or ineligible for further Government cont ed as ' tedc r n cont Nts in ccordance with procedures authorized in Execu e Order of Sept r 24, 19 a such other sanctions may be imposed and remedies i v as pro e ' Executi er 11246 of September 24, 1965, or by rule, regulati n, r er of t ec tary of L o r as otherwise provided by law. (8) The venclotAill in the ortion AC sentence immediately preceding paragraph (1) and the p vis ns of par (1) th in every subcontract or purchase order unless exempted , regul r order oft Secretary of Labor issued pursuant to section 204 of Executive rder 1124 S temb 965, so that such provisions will be binding upon each sub -vendor r vendo The end e uch action with respect to any subcontract or purchase order as the►a` Bring a enc may direct as a means of enforcing such provisions, Including sanctions CJn am Iiance. Provided, however, that in the event a vendor becomes involved in, or is threatened with, litigation with a sub -vendor or vendor as a result of such direction by the administering agency, the vendor may request the United States to enter into such litigation to protect the interests of the United States. b. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. c. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of vendors and sub vendors with City of Fayetteville, AR Appendix A - Contract Provisions for Non -Federal Entity Contracts Under Federal Awards, CFR Part 200, Appendix II Last Updated: 12/02/2022 Page 2 of 7 Page 161 of 560 the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. d. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a vendor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon vendors and sub -vendors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the progr m with respect to which the failure or refund occurred until satisfactory assurance of ut r ompliance has been received from such applicant; and refer the case to the Dement of Justice for appropriate legal proceedings. C b. Subcontracts. Each nonexempt prime vendor or - dor shall i e the e Irtunity clause in each of its nonexempt subcontracts. • c. Inclusion of the equal opportunity clause b,#r ce. The portun' se may be included by reference in all Government contracts and subcontra&1t ding G nt bills d g, transportation requests, contracts for deposit of Government funds, and for I u nd payi S avin s bonds and notes, and such other contracts and subcontracts as the -o'of OFC desig d. Incorporation by operation of t �r. By o e f the er, h q nity clause shall be considered to be a part of every contract d bcontract r redCh o r an a gulations in this part to include such a clause whether or not it is �h i Ily iN orated ins ntracts ther or not the contract between the agency and the vendor n. `1 e.Adaptation of language. uch neces�hanges i a uage ma lode in the equal opportunity clause as shall be appropriate to identify prope parties a undert i Davis -Bacon Act, (40 U.S.C. 31A314 nd 3J 31 ) as su�gI4 ed by Department of Labor regulations (29 CFR Part 5, See also 2 C.F. l�,p� A e t D. In accordan the statut en ors m equlred to pay wages to laborers and mechanics at a rate not less than the p wages s cifi d in ` %e ination made by the Secretary of Labor. In addition, vendor must be required t pay w* ess tha one a week. The non -Federal t lace a co f the current prevailing wage determination issued by the Department of Labor in each soli ' at' n. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non -Federal entity must report all suspected or reported violations to the Federal awarding agency. i. Contractor's on projects shall reference the appendices containing Wage Determination Numbers and dates. 4. Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). a. Each contractor or subrecipient shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non -Federal entity must report all suspected or reported violations to the Federal awarding agency. City of Fayetteville, AR Appendix A - Contract Provisions for Non -Federal Entity Contracts Under Federal Awards, CFR Part 200, Appendix II Last Updated: 12/02/2022 Page 3 of 7 Page 162 of 560 i. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. ii. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. iii. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. 5. Contract Work Hours and Safety Standards Act a. Where applicable (see 40 U.S.C. § 3701), all contracts awarded by the non -Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations at 29 C.F.R. Part 5. See 2 C.F.R. Part 200, Appendix II, ¶ E. b. Under 40 U.S.C. § 3702, each contractor must be required to compute the wages of every mechanic and laborer based on a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the bN ate of pay for all hours worked in excess of 40 hours in the work week. c. The requirements of 40 U.S.C. § 3704 are applicable to construction worIN provide that no laborer or mechanic must be required to work in surroundings or under working conditions ii;ich are unsani hazardous or dangerous. These requirements do not apply to the purchase,plies or Igor art' elZinarily available on the open market, or contracts for transportation or transmis f int It rr c AV d. Compliance with the Contract Work Hours* ty Stand ii. Overtime requirements. No con r subco r contra i any part of the contract work which may require or involve the e nt of I r or mech s all re uire or permit any such laborer or mechanic in any workwee ch he oj empl n u w k t ork in excess of forty hours in such workweek unless orer 11tRiic rec es en I rate not less than one and one- half times the basic r pay for all worms in a ess or hours in such workweek. iii. Violation; liability r n�id es; lquidated am es. In t of any violation of the clause set forth in paragraph se th contr c any su ntr for responsible therefor shall be liable for the unpaid wa s. In additi uch cont ct and subgo tr for shall be liable to the United States (in the case of work done n contract r District CM or a territory, to such District or to such territory), for li�date damag liquida d mages shall be computed with respect to each individual laborer oVEechar�clu 'ng watch�i�lland guards, employed in violation of the clause set forth in paragra (1 fthis sect' e su or each calendar day on which such individual was required or per It work i of the tanworkweek of forty hours without payment of the overtime w it by th au e set f paragraph (1) of this section. iv. ing for u aid age ioted damages. The (write in the name of the Federal agency or the loan r grant` i t) shall on s own action or upon written request of an authorized representative of the Dep e� L bor with d or cause to be withheld, from any moneys payable on account of work performb the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. v. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section." 6. Rights to Inventions Made Under a Contract or Agreement: If the Federal award meets the definition of "funding agreement" under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit City of Fayetteville, AR Appendix A - Contract Provisions for Non -Federal Entity Contracts Under Federal Awards, CFR Part 200, Appendix II Last Updated: 12/02/2022 Page 4 of 7 Page 163 of 560 organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 7. Clean Air Act: Contracts in excess of $150,000 shall comply with the following related to the Clean Air Act a. The vendor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C.§ 7401 et seq. b. The vendor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the (name of recipient), Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. c. The vendor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance funding. 100 6] Federal Water Pollution Control Act: Contracts in excess of $150,000 shall comply with the following related to the Federal Water Pollution Control Act a. The vendor agrees to comply with all applicable standards, orders or regul iolSued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. b. The vendor agrees to report each violation to the (name of the state a cy or local or Cn tribal government) and understands and agrees that the (name of the st a ncy or loc n ian tri 10rnment) will, in turn, report each violation as required to assure notificationo am Of i nt), FedAe(pI emergency Management Agency, and the appropriate Environmental Protect�iocy Regi ce. It c. The vendor agrees to include these requ'�7v s In ea b ontract & g $150,000 financed in whole or in part with Federal assistance. 1 Debarment and Suspension (Executive O 2549 a d a. This contract is a covered tran c ion for purp of R. . 180 C.F.R. pt. 3000. As such the vendor is required to verify that no o t ve or/contractor, s p cipals at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § ar Zdu d'(defir C.F.R.�180. 40) or disqualified (defined at 2 C.F.R. § 180.935). `� ) w\" b. A contract award (per 2 CFR 0) shall t ade to listed on the governmentwide exclusions in the System for Award Manag V M), in r ce with e B guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR art6 Co P. 89) and (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM clu ns contai ames s✓debarred, suspended, or otherwise excluded by agencies, as well as parti d inelig er statu ory regulatory authority other than Executive Order 12549. c. The vendoqdermin%d*aSke Comply wi R. subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirememply wit thes reg i y lower tier covered transaction it enters into. d. If it is later vend did of comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition toCe a ailable to me of state agency serving as recipient and name of subrecipient), the Federal Governm y pursue available remedies, including but not limited to suspension and/or debarment. e. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 10. Byrd Anti -Lobbying Amendment 31 U.S.C. § 1352 (as amended) a. Vendor's who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal City of Fayetteville, AR Appendix A - Contract Provisions for Non -Federal Entity Contracts Under Federal Awards, CFR Part 200, Appendix II Last Updated: 12/02/2022 Page 5 of 7 Page 164 of 560 funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. 11. Procurement of recovered materials (§ 200.323) a. A non -Federal entity that is a state agency or agency of a political subdivision of a state and its contractors and vendors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 12. Prohibition on certain telecommunications and video surveillance services or equipment § 200.216) a. Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to: i. Procure or obtain; ii. Extend or renew a contract to procure or obtain; or iii. Enter into a contract (or extend or renew a contract) to procure4bN[btain equi ment, services, or systems that uses covered telecommunications equipment or service a substantial ential component of any system, or as critical technology as par f system. sibed ' ' Law 115-232, section 889, covered telecommunications equip en ' tell c u ications q ment produced by Huawei Technologies Company or ZTE Corp (or any ry or of i such entities). (1) For the purpose of pub y, secur- vernm c'1Tfties, physical security surveillance of critical infrastruct d of ional ri pur oses, video surveillance and telecommunicatipment ced b to om uni tions Corporation, Hangzhou Hikvision Digi nolog or D ua c of ny (or any subsidiary or affiliate of such enti (2) Tele�om uunn ons r vi�eo sury anc) servic ed by such entities or using such municati�r video su ance equi i ee or services produced or provided by an entity Se r of Defe �1 v e onsultat, i h the Director of the National Intelligence or the 3%t edera a of Inve n reasonably believes to be an entity owned or 0 In implementing t executive age e: support to s entities to services, and en c. See Public Law 1 d. See also § 200.47 onnecte he government of a covered foreign country. )lic Lft 2, section 889, subsection (f), paragraph (1), heads of ;t,jrs idy programs shall prioritize available funding and technical and organizations as is reasonably necessary for those affected Noorj% equipment and services, to procure replacement equipment and ervice to users and customers is sustained. itional information. 13. Domestic preferences for procurements (§ 200.322) a. As appropriate and to the extent consistent with law, the non -Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. b. For purposes of this section: i. "Produced in the United States' means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. City of Fayetteville, AR Appendix A - Contract Provisions for Non -Federal Entity Contracts Under Federal Awards, CFR Part 200, Appendix II Last Updated: 12/02/2022 Page 6 of 7 Page 165 of 560 ii. "Manufactured products" means items and construction materials composed in whole or in part of non- ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. City of Fayetteville, AR Appendix A - Contract Provisions for Non -Federal Entity Contracts Under Federal Awards, CFR Part 200, Appendix II Last Updated: 12/02/2022 Page 7 of 7 Page 166 of 560 RFQ 23-01, Addendum 1 9% Date: Tuesday, January 24, 2023 V4W To: All Prospective Vendors From: Amanda Beilfuss — 479.575.8220 — abeilfuss@fayetteville-ar.gov RE: RFQ 23-01, Engineering and Architectural Services CITY OF FAYETTEVILLE ARKANSAS This addendum is hereby made a part of the contract documents to the same extent as though it were originally included therein. Interested parties should indicate their receipt of same in the appropriate blank of the R F P. PROPOSERS SHOULD ACKNOWLEDGE THIS ADDENDUM ON THE DESIGNATED LOCATION ON THE BID FORM. 1. The following clarifications are being provided to i erested p 'e . (�b a. PROVISION FOR OTHER AGENCIES: • �,` �► Unless otherwise stipulated b t 11d poser ro o rees to make available to all p Y p p Government agencies, de artm unici and ro osal prices submitted g p � p in accordance with said pro liter rondi io rei o any said governmental entity desire to buy under ropos I ible Usel�all m al state of Arkansas agencies, the legislative and judi anch s, political s bdi 'sions o s, local district school boards, communitycolle es i a ' ' INlic encies or authorities which may g p s, �P ), Y desire to purchase un er the t�and Co� ions of thp "c tract. I V V b. Any subrecipient of A e Ica Rescu la Act ( Funds through the City of Fayetteville has the authority to uqj.'wk th in f s lecte . Subrecipients utilizing the list shall follow all applicable state s Cit ttevill asing policies. G� City of Fayetteville, AR RFQ 23-01, Addendum 1 Page 111 Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 Page 167 of 560 RFQ23-01, Addendum 2 CITY OF _ FAYETTEVILLE Date: Tuesday, January 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: RFQ 23-01, Engineering and Architectural Services 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 RFP. PROPOSERS SHOULD ACKNOWLEDGE THIS ADDENDUM ON THE DESIGNATED LOCATION ON THE BID FORM. V 1. The deadline to submit statements of qualificati ni�FQ 0nginee,(nd Architectural Services �" is being extended. The new deadline for S � esda a 7 no later than 2:00 PM local time. A- o�'1CJ P C) �- o P � J •�� G G� City of Fayetteville, AR RFQ 23-01, Addendum 2 Page 111 Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 Page 168 of 560 CITY OF _ FAYETTEVILLE ARKANSAS RFQ 23-01 Addendum 2 Engineering Elements Supplier Response Event Information nnC:). Number: RFQ 23-01 Addendum 2 G o �� Title: Engineering and Archi 'Services' Type: Request for Qualificat, n ``•• vv `�,� Issue Date: 1/8/2023 n�•� v Deadline: 2/7/2023 02:00 T) �G.! Notes: The City o ett ville, Arka a is reefing statements of qualific f TxMis i ed in r iding engineering, architect ral, & I surve service 023 street, drainage, bridge, wate ewer, tr ' rks, a her projects. Any questions regardin ee oce II be ted to Amanda Beilfuss at abeilfu �ttev' r. ov 575-8220. Contact Rffn-m Contact: Amanda E6i s Sr. hasing Agent Address: Purchasing Room 306 . City Hall 113 West tain Street - Room 306 Fay Ille, AR 72701 Email: abeilfu fayetteville-ar.gov Page 1 of 2 pages Vendor: Engineering Elements RFQ 23-01 Addendum 2 Page 169 of 560 Engineering Elements Information Contact: Shane Lanning Address: 2458 EAST JOYCE BLVD Suite 1 Fayetteville, AR 72703 Phone: (479) 695-1333 Email: slanning@eemep.com Web Address: www.eemep.com By submitting your response, you certify that you are authorized to represent and bind your company. Shane Russell Lanning slanning@eemep.com Signature Email Submitted at 112012023 09:57:58 AM (CT) Requested Attachments Nlow - t-\,h RFQ 23-01, Response Submittal Qub_ement-VLN_ville-2023.pdf Please upload your completed response, including all r uir form` Response Attachments RFQ 23-01, Engineering and Architectur ervi ` Completed Sections B, C and D of RFQ - �� Bid Attributes 1 Arkansas Secretary of State Filin er: 800057866 Page 2 of 2 pages Vendor: Engineering Elements RFQ 23-01 Addendum 2 Page 170 of 560 CITY OF FAYETTEVILLE ARKANSAS City of Fayetteville, Arkansas Purchasing Division — Room 306 113 W. Mountain Fayetteville, AR 72701 Phone: 479.575.8256 TDD (Telecommunication Device for the Deaf): 479.521.1316 REQUEST FOR QUALIFICATION: RFQ 23-01, Engineering & Architectural Services DEADLINE: Tuesday, January 31, 2023 before 2:00 PM, local time SR. PURCHASING AGENT: Amanda Beilfuss, abeilfuss@favetteville-ar.gov DATE OF ISSUE AND ADVERTISEMENT: 01/08/2023 REQUEST FOR STATEMENTS OF QUA FIC TIO RFQ 23-01 Engineering Archito Se► It is the intent for the accepted resp s c licit to b sidered for all engineering an e it e tQ' sele s or _'0► . G. The Citv may select en hitects fir bond ar5Ws from this RFQ as well as proiects rel e to CMihg NoWdie ArylvhCan Rescue Plan. The City reserves the righ I su a pa at any time for any job specific en In rin r ar at selection. g� Submittals shall be sub tted Mc%�load arl��mglete submission on the Citv's electronic platform at responses. All statements of qualification shall b knitted in accordance with the attached City of Fayetteville specifications and documents attached hereto. E c r is required to fill in every blank and shall supply all information requested; failure to do so may be used a of rejection. Any bid, proposal, or statements of qualification will be rejected that violates or conflicts with state, or federal laws, ordinances, or policies. The Proposer hereby offers to furnish & deliver the articles or services as specified, at the prices & terms stated herein, and in strict accordance with the specifications and general conditions of bidding, all of which are made a part of this offer. This offer is not subject to withdrawal unless upon mutual written agreement by the Proposer/Bidder and City Purchasing Director. City of Fayetteville, AR RFQ 23-01, Engineering & Architectural Services Page 1 of 14 Page 171 of 560 City of Fayetteville, AR RFQ 23-01, Engineering & Architectural Services Advertisement City of Fayetteville, AR Request for Statements of Qualification RFQ 23-01, Engineering & Architectural Services The City of Fayetteville, Arkansas, is requesting statements of qualifications from firms interested in providing engineering, architectural, & land surveying services for 2023 street, drainage, bridge, water & sewer, trails, parks, and other projects. All statements shall be received by Tuesday, January 31, 2023 before 2:00 PM, local time utilizing the City's electronic portal located at http://fayetteville-ar.Rov/bids. Late or misdirected proposals will not be accepted. Proposals will not be accepted after the deadline. The City of Fayetteville will not be responsible for lost or misdirected RFQ's, or failure of bidder's technical equipment. Forms & addendums can be downloaded from the City's electronic portal at htt et ville-ar.gov/bids. A uestions regarding the process shall be directed to Amanda Beilfuss at abeilfuss fa etteville-ar. ov or ( 575-8220. All interested parties shall be qualified to do business and licseain acror ►with all able lal�t►he state and V local governments where the project is located. Interested arties shall �ered Arka S retary of State. Pursuant to Arkansas Code Annotated §22-9-203 The it TFay ticoura ualified minority and women business enterprises to bid on and receive con or go vice tr Iso, City of Fayetteville encourages all general contractors to subcontr ions ontr t t ifiec�maa inority and women business enterprises. The City of Fayetteville reserves the rej ^all P Jobnd to �'rregularities therein, and all parties agree that such rejection shall be with ut liabilit o he part f ity of F ille for any damage or claim brought by any interested party because of such reje i nsyn r sh n ereste seek any recourse of any kind against the City of Fayetteville because of such reje *cns he filiVjR any State t response to this invitation shall constitute an agreement of the interested party to thnditi ss. V < G � City of Fayetteville By: Amanda Beilfuss, Sr. Purchasing P: 479.575.8220 abeilfuss f e-ar. ov TDD (Telecommunications Devi r the DeafJ: (479) 521-1316 Date of advertisement: 01/08/2023 This publication was paid for by the Purchasing Division of the City of Fayetteville, Arkansas. Amount paid: $XXX.XX. City of Fayetteville, AR RFQ 23-01, Engineering & Architectural Services Page 2 of 14 Page 172 of 560 City of Fayetteville, AR RFQ 23-01, Engineering & Architectural Services Appendix SECTION: PAGE NUMBER Cover Page 01 Advertisement 02 SECTION A: General Terms & Conditions 04 SECTION B: Vendor References 11 SECTION C: Summary Form 12 SECTION D: Signature Submittal 14 Appendix A: City Standard Federal Contract Provisions 15 City of Fayetteville, AR RFQ 23-01, Engineering & Architectural Services Page 3 of 14 Page 173 of 560 City of Fayetteville, AR RFQ 23-01, Engineering & Architectural Services SECTION A: General Terms & Conditions 1. SUBMISSION OF A STATEMENT OF QUALIFICATION SHALL INCLUDE: A written narrative describing the method or manner in which the Proposer proposes to satisfy requirements of this RFQ in the most cost-effective manner. The term Proposer shall be in reference to a firm or individual responding to this solicitation. The term proposal is used in this document as equal to statement of qualification. A description of the Proposer's experience in providing the same or similar services as outlined in the RFQ. This description should include the names of the person(s) who will provide the services, their qualifications, and the years of experience in performing this type of work. Also, include the reference information requested in this RFQ. c. Electronic Submittal: Proposers are required to go to http://fayetteville-ar.gov/bids and follow the prompts to submit a statement of qualification within the electronic platform. Physical submittals are not allowed for this RFQ. i. SOQ's shall be prepared simply and economically, providing a s%htforward, concise description of its ability to meet the requirements for the project. Fanc> ndings, colored displays d promotional material are not required. Emphasis should be on comple6ys and content. All documents submitted thr, u the electro c rtal a andas� ize of 8 %" x 11". Exceptions would be schem exhibit ,qWir pag)e re and Ci �gTired forms. Limit proposal to twenty-five (�5 ages or les Zgon - team r es, references, and forms required by the Cit'SLc�mpletioropos be u a in a PDF format to the City's electronic platfor ri tot s deadlin NY d. Proposals will be reviewed following ted d< I P's sho o tplie coAr sshL�f of this document. Only the names of responders will be availa a selections be e al ear f r 0 us projects. e. Proposers shall submit a t of q fiC�tion s n doc Zt✓✓ion published by the Fayetteville Purchasing Division. O `` f. Proposals must follow the format iqueste(Avthis P �$s shoul r ture their responses to follow the sequence of the RFQ, if provided. g. Proposers shall have ex e e in�Gvorkame i i` ature and must provide references that will satisfy the City of Fayetteville o r ma refer list of clients for whom they have performed similar services and must pr in ormatioi document. h. Proposer is advisqii exce ti s to'an 4 e s contained in this RFQ or the attached service agreement p p Y Si�n 1 g must be identifiedtsrep o the R ilure to do so may lead the City to declare any such term non- negotiable. Proposer's it to a exSto a non-negotiable term will not disqualify it from consideration for award. D' i. Local time shall be defined as tli in Fayetteville, Arkansas on the due date of the deadline. Documents shall be received before the deadli e e as shown by the atomic clock located in the Purchasing Division Office. WRITTEN REQUESTS FOR I E T IONS OR CLARIFICATION: No oral interpretations wfl ade to any firms as to the meaning of specifications or any other contract documents. All questions pertaining to the terms and conditions or scope of work of this proposal must be sent in writing via e-mail to the Purchasing Department. Responses to questions may be handled as an addendum if the response would provide clarification to the requirements of the proposal. All such addenda shall become part of the contract documents. The City will not be responsible for any other explanation or interpretation of the proposed RFQ made or given prior to the award of the contract. City of Fayetteville, AR RFQ 23-01, Engineering & Architectural Services Page 4 of 14 Page 174 of 560 3. RIGHTS OF CITY OF FAYETTEVILLE IN THIS PROCESS: In addition to all other rights of the City of Fayetteville, under state law, the City specifically reserves the following: d. The City of Fayetteville reserves the right to rank firms and negotiate with the highest-ranking firm. Negotiation with an individual Proposer does not require negotiation with others. e. The City of Fayetteville reserves the right to select the proposal that it believes will serve the best interest of the City. f. The City of Fayetteville reserves the right to accept or reject any or all proposals. g. The City of Fayetteville reserves the right to cancel the entire request. The City of Fayetteville reserves the right to remedy or waive technical or immaterial errors in the request for statements of qualification or resulting submittal. i. The City of Fayetteville reserves the right to request any necessary clarifications, additional information, or proposal data without changing the terms of the proposal. j. The City of Fayetteville reserves the right to make selection of the Propos r N rform the services r quired on the basis of the original proposals without negotiation. k. The City of Fayetteville intends on utilizing the receiv roposals for icable 20 e� ineeri r1�Kitectural, and land surveying projects. Projects believed t be nder.$ by t will b �ted by the Department/Division head in accordance with the res ted s` XWcriteri is RFQ. cts expected to exceed $35,000 shall be voted on by the sel r mmitte *any rel ntra ing $35,000 shall require formal authorization by the Fayettevi e Co c* . 4. EVALUATION CRITERIA: D`� n• � ` The evaluation criterion defines the f h�fhat w e cussed byelectio committee to evaluate and score responsive, responsible and qualifie 16 sals Propo rs shrinilude suf formation to allow the selection committee to thoroughly evalu core szk. Each sal su shall be evaluated and ranked by a selection committee. The contra wi I e a a edto th mos jualifie user, per the evaluation criteria listed in this RFQ. Proposers are not guaranteed-toI,ye ke 5. COSTS INCURRED BY PROPOSERS: All expenses involved with t e �'Fation submi ro osals to the City, or an work performed in p p � ,�� p Y Y connection therewith, shall bo sol � Propose o payment will be made for any responses received, or for any other effort re d o , or he Prf*,%er(s) prior to contract commencement. 6. ORAL PRESENTATION An oral presentation and/or ijy ay b �' 1eted of any firm, at the selection committee's discretion. 7. CONFLICT OF INTEREST: n'v V 0 e. The Proposer represents that it s tly has no interest and shall acquire no interest, either direct or indirect, which would conflict in any with the performance or services required hereunder, as provided in City of Fayetteville Code Sectic n d "Limited Authority of City Employee to Provide Services to the City". The Proposer shall prWj notify Amanda Beilfuss, City Sr. Purchasing Agent, in writing, of all potential conflicts of interest for any prospWrtive business association, interest, or other circumstance which may influence or appear to influence the Proposer's judgment or quality of services being provided. Such written notification shall identify the prospective business association, interest or circumstance, the nature of which the Proposer may undertake and request an opinion to the City as to whether the association, interest or circumstance would, in the opinion of the City, constitute a conflict of interest if entered into by the Proposer. The City agrees to communicate with the Proposer its opinion via e-mail or first-class mail within thirty days of receipt of notification. City of Fayetteville, AR RFQ 23-01, Engineering & Architectural Services Page 5 of 14 Page 175 of 560 8. WITHDRAWAL OF PROPOSAL: A proposal may be withdrawn at any time. 9. LATE PROPOSAL OR MODIFICATIONS: d. Proposal and modifications received after the time set for the proposal submittal shall not be considered. Modifications in writing received prior to the deadline will be accepted. The City will not be responsible for misdirected responses. Proposers will receive an email confirmation after successful submission in the electronic submission platform. e. The time set for the deadline shall be local time for Fayetteville, AR. All proposals shall be received in the Purchasing Division BEFORE the deadline stated. The official clock to determine local time shall be the clock located in the electronic platform. 10. LOCAL, STATE, AND FEDERAL COMPLIANCE REQUIREMENTS: d. The laws of the State of Arkansas apply to any purchase made under this request for statements of qualification. Proposers shall comply with all local, state, and federal directives, orders and aws as applicable to this proposal and subsequent contract(s) including but not limited to Equal Employm�t ortunity (EEO), Disadvantaged Business Enterprises (DBE), & OSHA as applicable to this contract. Imo` e. Pursuant to Arkansas Code Annotated §22-9-203 Th i y of Fayette ncourag u01iflI! minority and women business enterprises to bid on and receiv on racts _ o;�servic constr Also, City of Fayetteville encourages all general contractors to s bcon ract pQ iQof their ct to q small, minority • �r and women business enterprises. 11. COLLUSION: V The Proposer, by affixing his or her signatu phis pr gree to ION' g�poser certifies that his proposal is made without previous and 1� ing, ag m nt, or co on wit ny person, firm or corporation making a proposal for the same ite1 /ors rvices and is i all spects f out outside control, collusion, fraud, or otherwise illegal action •, N 12. RIGHT TO AUDIT FOIA AND JURIS�ICITON: O I d. The City of Fayetteville reserve e p vilege f iting a ve o ' records as such records relate to purchases between the City and said vend r. e. Freedom of Information ct: it contr �i� docu tt repared while performing City contractual work are subject to the Arkans F6m of I rion Ac If reedom of Information Act request is presented to the City of Fayetteville contractor ill o ever in ossible to provide the documents in a prompt and timely manner as presc the �Lrllltansas Freit f formation Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photoco ing ce uant toe IA may be assessed for this compliance. f. Legal jurisdiction to res ve dispu I be Arkansas with Arkansas law applying to the case. 13. CITY INDEMNIFICATION: The successful Proposer(s) agree emnify the City and hold it harmless from and against all claims, liability, loss, damage or expense, includin limited to counsel fees, arising from or by reason of any actual or claimed trademark, patent or copAright infringement or litigation based thereon, with respect to the services or any part thereof covered by this order, and such obligation shall survive acceptance of the services and payment thereof by the City. 14. VARIANCE FROM STANDARD TERMS & CONDITIONS: All standard terms and conditions stated in this request for statements of qualification apply to this contract except as specifically stated in the subsequent sections of this document, which take precedence, and should be fully understood by Proposers prior to submitting a proposal on this requirement. City of Fayetteville, AR RFQ 23-01, Engineering & Architectural Services Page 6 of 14 Page 176 of 560 15. ADA REQUIREMENT FOR PUBLIC NOTICES & TRANSLATION: Persons with disabilities requiring reasonable accommodation to participate in this proceeding/event, should call 479.521.1316 (telecommunications device for the deaf), not later than seven days prior to the deadline. Persons needing translation of this document shall contact the City of Fayetteville, Purchasing Division, immediately. 16. PAYMENTS AND INVOICING: The Proposer must specify in their proposal the exact company name and address which must be the same as invoices submitted for payment as a result of award of this RFQ. Further, the successful Proposer is responsible for immediately notifying the Purchasing Division of any company name change, which would cause invoicing to change from the name used at the time of the original RFQ. Payment will be made within thirty days of invoice received. The City of Fayetteville is very credit worthy and will not pay any interest or penalty for untimely payments. Payments can be processed through Proposer's acceptance of Visa at no additional costs to the City for expedited payment processing. The City will not agree to allow any increase in hourly rates by the contract without PRIOR Fayetteville City Council approval. 17. CANCELLATION: 18 19 0 The City reserves the right to cancel this contract without cause by giving tty (30) days prior notice to the Contractor in writing of the intention to cancel or with cause if at any time t'Co ractor fails to fulfill\A,, ide by any of the terms or conditions specified. � �� G Failure of the contractor to comply with any of the pr isions of the a shal siderect 6serial breach of contract and shall be cause for immediate termin tion of the (Iat the di rr lion oft f Fayetteville. In addition to all other legal remedies availab 'City of y ft'@ville, t ( rese right to cancel and obtain from another source, any items and/ ices ve not e eliver in the period of time from the date of order as determined by e y of Fa e. CC In the event sufficient budgeted fun of av it r a n fis a erioN thit shall notify the vendor of g � � �� Y Y such occurrencets and contractshaJ� inate of the i da the current f� eriod without penalty or expense to the City. l The Contractor shall perform this consent of the City. If a Propof intent in the proposal subrryILed In the event of a corpor thirty (30) calendar A occurs first. The' i include, but not be m interest or are contrary disclosed its intent to a. �Wacting shall be allowed without prior written n of this work, the Proposer shall disclose such merger, tl%Kntractor shall provide written notice to the City within :e o h action or upon the occurrence of said action, whichever ch shall not be unreasonably exercised by the City, shall a corporate acquisition and/or merger represent a conflict of oderal laws. Action by the City awarding a proposal to a firm that has its response to the RFQ, without exception shall constitute approval for purpose of this Agreem-ent. KIZ NON-EXCLUSIVE CONTRACT: •` Award of this RFQshall impation on the City to utilize the vendor for all work of this type, which may develop during the contract peri not an exclusive contract. The City specifically reserves the right to concurrently contract with other compa for similar work if it deems such an action to be in the City's best interest. In the case of multiple -phase contracts, this provision shall apply separately to each item. 20. ADDITIONAL REQUIREMENTS: The City reserves the right to request additional services relating to this RFQ from the Proposer. When approved by the City as an amendment to the contract and authorized in writing prior to work, the Contractor shall provide such additional requirements as may become necessary. City of Fayetteville, AR RFQ 23-01, Engineering & Architectural Services Page 7 of 14 Page 177 of 560 21. SERVICES AGREEMENT: A written agreement, in substantially the form attached, incorporating the RFQ and the successful proposal will be prepared by the City, signed by the successful Proposer and presented to the City of Fayetteville for approval and signature of the Mayor. 22. INTEGRITY OF STATEMENT OF QUALIFICATION (RFQ) DOCUMENTS: Proposers shall use the original RFQ form(s) provided by the Purchasing Division and enter information only in the spaces where a response is requested. Proposers may use an attachment as an addendum to the RFQ form(s) if sufficient space is not available on the original form for the Proposer to enter a complete response. Any modifications or alterations to the original RFQ documents by the Proposer, whether intentional or otherwise, will constitute grounds for rejection of such RFQ response. Any such modifications or alterations a Proposer wishes to propose shall be clearly stated in the Proposer's RFQ response and presented in the form of an addendum to the original RFQ documents. 23. LOBBYING: 24 25. Lobbying or communicating with selection committee members, City of Fayetteville employees, or elected officials regarding request for proposals, request for qualifications, bids or contracts, during ke pendency of bid protest, by the bidder/proposer/protestor or any member of the bid der's/propose r's/p esto 's staff, and age of the bidder/proposer/protestor, or any person employed by any legal entity affiliated h or re enting n Nization that is responding to the request for proposal, request for alification, bi ntra t, pel4 t protest is strictly prohibited either upon advertisement or on a date to lished•b �of F i11e an e prohibited until either an award is final or the protest is finally r olved by th �f Faye ; provi h wever, nothing herein shall prohibit aprospective/bidder/propos r contactiPurch ivisio ess situations such as clarification and/or questions related to the pr c ent r s. For pu of thi p ion lobbying activities or communication shall include but not be li it to, infI g �Sr I to *AVW action or non -action in connection with any request for proposal, st f ationntr;t th gh direct or indirect oral or written communication or an attempt n goo I f pe nsor en 'esspecified in this provision. Such actions may cause any request for p preq est for qualifi do ,bid or c r�e�f to be rejected. r1GRORRGr) GAITITIGC• O�� By submitting a statement of quali any state, or local government. Proposers shall provi on behalf of the Prot The City reserves the submission dea of a debarred contractor with the federal, %O i employee having legal authority to submit proposals and providing responses shall be borne by the Proposer. rmation it deems necessary from any or all Proposers after The request for statem t o qualificlS.idnot to be construed as an offer, a contract, or a commitment of any kind; nor does it commit e city for any costs incurred by Proposer in preparation. It shall be clearly understood that any costs incur y the Proposer in responding to this request for statements of qualification is at the Proposer's own risk an nse as a cost of doing business. The City of Fayetteville shall not be liable for reimbursement to the P o*Ns many expense so incurred, regardless of whether or not the proposal is accepted. If products, compone `services other than those described in this bid document are proposed, the Proposer must include complete escriptive literature for each. All requests for additional information must be received within five working days following the request. h. Any uncertainties shall be brought to the attention to Amanda Beilfuss immediately via telephone (479.575.8220) or e-mail (abeilfuss@fayetteville-ar.gov). It is the intent and goal of the City of Fayetteville Purchasing Division to City of Fayetteville, AR RFQ 23-01, Engineering & Architectural Services Page 8 of 14 Page 178 of 560 provide documents providing a clear and accurate understanding of the scope of work to be completed and/or goods to be provided. We encourage all interested parties to ask questions to enable all Proposers to be on equal terms. Any inquiries or requests for explanation in regard to the City's requirements should be made promptly to Amanda Beilfuss, City of Fayetteville, Sr. Purchasing Agent via e-mail (abeilfuss@fayetteville-ar.gov) or telephone (479.575.8220). No oral interpretation or clarifications will be given as to the meaning of any part of this request for statements of qualification. All questions, clarifications, and requests, together with answers, if any, will be provided to all firms via written addendum. Names of firms submitting any questions, clarifications, or requests will not be disclosed until after a contract is in place. j. At the discretion of the City, one or more firms may be asked for more detailed information before final ranking of the firms, which may also include oral interviews. k. Any information provided herein is intended to assist the Proposer in the preparation of proposals necessary to properly respond to this RFQ. The RFQ is designed to provide qualified Proposers with sufficient basic information to submit proposals meeting minimum specifications and/or test requirements �is not intended to limit a RFQ's content or to exclude any relevant or essential data. I. Proposers irrevocably consent that any legal action or proceeding against it Nuer, arisi out of or in anner relating to this Contract shall be controlled by Arkansa6on Proposer by expres irrev c fives any claim or defense in any said action or proceeding baseny allegeof juris or imps nue or any similar basis. � m. The successful Proposer shall not assign the w o any part fO�Contr °o y m - or to become due hereunder without written consent of City of a evil) iGse the su e �LI Props igns all or any part of any monies due or to become due under t s ntract, strum s andd contain a clause substan- tially to the effect that is agreed that t t of nee i an ny r*on'e or to become due to the successful Proposer shall be subjec t rior liens M40 per s, s, and °orations for services rendered or materials supplied for the perfor a f th services calle for this con t�i%c�./ n. The successful Proposer's at is r ed'to t at all a le Federal and State laws, municipal ordinances and the rules ande ul do II a h iti having iction over the services shall apply to the g a g l pp Y contract throughout, and they will IjeeYmed to b c ded in A- tract as though written out in full herein. The successful Proposer shall keep i e ers If in or d laws, ordinances and regulations of the Federal, State, and municipal gover nts r aut s in an affecting those engaged or employed in providing these services or in any of ting ct of th er ces and of all orders and decrees of bodies or tribunals having any jurisdictio a orit ov e. If discrepancy or inconsistency should be discovered in these Contract Docume s r the speci tions he rred to, in relation to any such law, ordinance, regulation, order or decree, s shall he e report t e in writing to City of Fayetteville. • o. All interested parties sh "n d th s not utilizing AIA contracts for projects. Standard City contracts will be used for all projects. ^n. 26. INSURANCE: d. Any project selected under t s shall require professional liability insurance in the amount of $1 million US dollars, at minimum. ci ate of Insurance shall list the City as an additional insured and not be required unless firm is selecte 27. ATTACHMENTS: a. Appendix A: City Standard Federal Contract Provisions City of Fayetteville, AR RFQ 23-01, Engineering & Architectural Services Page 9 of 14 Page 179 of 560 28. SELECTION CRITERIA: The evaluation criterion below defines the factors which will be used by the selection committee to evaluate and score responsive, responsible and qualified proposals. The evaluation factors are as follows: 1. 30 Points — Specialized experience and technical competence of the firm with respect to the type of professional services required 2. 25 Points —Capacity and capability of the firm the perform the work in question including specialized services, within the time limitations fixed for the completion of the project 3. 25 Points — Past record of performance of the firm with respect to such factors as control of costs, quality of work, and ability to meet schedules and deadlines 4. 20 Points — Firm's proximity to and familiarity with the area in which the project is located "Note: Price shall not be a considered factor used to select a vendor. In the event the City is not able to negotiate a successful contract with the selected vendor, the City reserves the right to cease negotiations with such selected vendor and proceed on to the next selected vendor. Statements of Qualificatio EKro osals shall NOT include prices, hourly fees, consulting rates, etc. of any kind. w G C) o o P � J G � City of Fayetteville, AR RFQ 23-01, Engineering & Architectural Services Page 10 of 14 Page 180 of 560 City of Fayetteville, AR RFQ 23-01, Engineering & Architectural Services SECTION B: Vendor References The following information is required from all firms so all statements of qualification may be reviewed and properly evaluated: COMPANY NAME: NUMBER OF YEARS IN BUSINESS: HOW LONG IN PRESENT LOCATION: TOTAL NUMBER OF CURRENT EMPLOYEES: NUMBER OF EMPLOYEES PLANNED FOR THIS CONTRACT: FULL TIME PART TI M E FULLTIME PARTTIME PLEASE LIST FOUR (4) REFERENCES THAT YOU HAVE PREVIOUSLY PERFORMED CONTRACT SERVICES FOR WITHIN THE PAST FIVE (5) YEARS (All fields must be completed): 1. COMPANY NAME CITY, STATE, ZIP • CONTACT PERSON D/, V TELEPHONE FAX NUMBER - E-MAIL ADDRESS 2. COMPANY NA c ) CITY, S P w �• v ACT SE4qQ T NE 3. Xfl&' 4. COMPANY NAME • • �` CITY, STATE, ZIP A CONTACT PERSON TELEPHONE FAX NUMBER E-MAIL ADDRESS City of Fayetteville, AR RFQ 23-01, Engineering & Architectural Services Page 11 of 14 ELI ESS COMPANY NAME CITY, STATE, ZIP CONTACT PERSON TELEPHONE FAX NUMBER E-MAIL ADDRESS Page 181 of 560 City of Fayetteville, AR RFQ 23-01, Engineering & Architectural Services SECTION C: 2023 Annual Statement of Qualifications Summary Form ATTENTION: This form shall be completed and returned with EACH SUBMITTED Statement of Qualification. The City will utilize the selection marked by each firm to correspond with the scope of work for each project. NAME OF FIRM: SUMMARY STATEMENT: Proposer should provide summary information on this form by checking the areas of expertise based on experience and qualifications. This form must be completed and returned in order for your proposal to be eligible for consideration. Airport Architecture Bridges Mechanical Natural Resource/Conservation Planning Parks: rk'iall�orestry Planning Carbon Sequestration Analysis Parks: L Dedic ' n Fees Co t Civil/Structural Design S ility • 010 Climate Resilience Analysis 'Odio DesiAZ3 Construction Administration • %Storm Mann` Drainage Design, Analysis, & Plannin a► Ecosystem Services Analysis Electrical v Environmental Analysis, Re n, & Permitting Environmental Water rvices O Floodplain Services GIS Mapping Geotechnical Engi e g Hydrology Independ t e stimat s •`Interior Desi Landscape Archi ct A LEED Sites Certifiic on n' / V •`�Lighting Design Master Planning: Ar re Master Planni • it Government Master Planning: arks Master Planning: Streets Master Planning: Wastewater Master Planning: Water City of Fayetteville, AR RFQ 23-01, Engineering & Architectural Services Page 12 of 14 Sto er A. #ah',,, ,m+o� v tructu Design S inability Design �Festing Services: Soil/Materials Traffic Studies Utility Asset Inspections Value Engineering Wastewater Design Wastewater Management Wastewater Modeling Wastewater Rate Studies Wastewater SSES Water/ Sewer Rate Studies Water Audit Services Water Design Water Management Water Modeling Water Quality Monitoring Wetlands Page 182 of 560 City of Fayetteville, AR RFQ 23-01, Engineering & Architectural Services SECTION D: Signature Submittal DISCLOSURE INFORMATION Proposer must disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. Proposer response must disclose if a known relationship exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official. If, to your knowledge, no relationship exists, this should also be stated in your response. Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result of your response. This form must be completed and returned in order for your bid/proposal to be eligible for consideration. PLEASE CHECK ONE OF THE FOLLOWING TWO OPTIONS, AS IT APPROPRIATELY APPLIES TO YOUR FIRM: 1) NO KNOWN RELATIONSHIP EXISTS 2) RELATIONSHIP EXISTS (Please explain� .0 � • I certify that; as an officer of this organization, or per ched I autho nn,, am d Qui0orized to certify the information provided herein are accurate and tr my o ion sh ly I tate and Federal Equal Opportunity and Non -Discrimination requireme con iti empl ✓✓ V �� Pursuant Arkansas Code Annotated §25- he Contrac agreeMy ' certifie f liey do not currently boycott Israel and will not boycott Israel duri a m in Int{iey .�'`+� g into, ile in contract, with any public entity as defined in §25-1-503. If at a time du �nontract h ractor des to boycott Israel, the contractor must notify the contracted public entity in writin ,e `� V 2. PRIMARY CONTACT INFORMATI 01 At the discretion of the City, o o firm asked for e detailed information before final ranking of the firms, which may also include or i rviews. NlA�ach Pro o shall submit to the City a primary contact name, e-mail address, and phone num r e the C' y's �urchati n can contact for clarification or interview request. Name of Firm: C) ap Name of Primary Contact: Title of Primary Contact: Phone Number: E-Mail Address: City of Fayetteville, AR RFQ 23-01, Engineering & Architectural Services Page 13 of 14 Page 183 of 560 3. ACKNOWLEDGEMENT OF ADDENDA Acknowledge receipt of addenda for this invitation to bid, request for proposal, or request for qualification by signing and dating below. All addendums are hereby made a part of the bid or RFP documents to the same extent as though it were originally included therein. Proposers/Bidders should indicate their receipt of same in the appropriate blank listed herein. Failure to do so may subject Contractor to disqualification. ADDENDUM NO. SIGNATURE AND PRINTED NAME DATE ACKNOWLEDGED 4. DEBARMENT CERTIFICATION: As an interested party on this project, you are required to provide debarment/su ension certification indicating in compliance with the below Federal Executive Order. Certification can be done by cNe g and signing this f°\m. Federal Executive Order (E.O.) 12549 "Debarment and Suspensi " requires tha contracto ving i icwwards, using federal funds, and all sub -recipients certify that the o ani ationa n rincipa of deb��,�suspended, proposed for debarment, declared ineligible, or voluntaril ex ded ederal mentcy from doing business with the Federal Government. ' Signature certifies that neither you nor your princi esentl�red, s��pende�i, p oor debarment, declared ineligible, from this b d p�nt or voluntarily excluded particip rr�ion a feral or agency. Questions regarding this form should be d to the City of Fay Me Purch r ivision. COMPANY: ill I PHYSICAL ADDRESS: MAILING ADDRESS: PHONE: FAX: ` E-MAIL: TAX ID #: v UEI #: Signed (By submitting our resiobn ertif that you are authorized to represent and bind your com an ): SIGNATURE: PRINTED NAME: TITLE: DATE: City of Fayetteville, AR RFQ 23-01, Engineering & Architectural Services Page 14 of 14 Page 184 of 560 CITY OF FAYETTEVILLE ARKANSAS RFQ 23-01, Engineering and Architectural Services Appendix A: Contract Provisions for Non -Federal Entity Contracts Under Federal Awards CODE OF FEDERAL REGULATIONS TITLE 2 — GRANTS AND AGREEMENTS PART 200, APPENDIX II Appendix A: Appendix II to Part 200 — Contract Provisions for Non -Federal Entity Contracts Under Federal Awards Appendix II to Part 200, Title 2 — Contract Provisions for Non -Federal Entity Contracts Under Federal Awards https://www.govi nfo.gov/content/pkg/CFR-2021-title2-vol l/pdf/CFR-2021-title2-vol l-pa rt200.pdf Contractors and vendors shall comply with the following federal guidelines, in accordance wit e most recent published version of Appendix II to Part 200—Contract Provisions for Non -Federal Entity Contracts Under Federa war The definition of a ' -Federal entity" in this section shall mean the City of Fayetteville, AR. Language in this Appendix shall verride supers de nguage contained in the bid documents. All parties shall understand the t2rms "vendor"eillt.."is contr ct appl sign firm, construction contractor and/or sub -contractor. Language in this a en Ix shal � ap to fed Design firms g.shall incorporate all applicable federal language into bid specific tions, qualifi T�quire d contr o ments prepared for City of Fayetteville projects. � 1. Termination for Cause and Convenience V V a. The City of Fayetteville reserves t Fit to n Cont Ct,ut cal4seCl�iving thirty (30) days' notice to the vendor of the intent to ca ce or with tau i ta(ti mendor I to fulfill or abide b an of the terms Y Y or conditions specified. Tl�ls me shall be automaI terminat i ds under federal award, number are discontinued by the avvardii gent r'Nason inatio ke effect upon receipt of written notice. If there is a need to settle on an eak Nminatio p a aymen0T% 1% the termination date would be determined by incurrence of allowable co bye leti s ll by pert �f�Cme completed up to the settlement, or some other method as defined b y upon ev o he ven r ecords. a. Failure of the vendo coIV.✓✓✓wiit oft e pr isi �df this contract shall be considered a material breach of contract and shall ca for imerminae this at the discretion of the City of Fayetteville. b. In addition therlegal e s availab q he City of Fayetteville, the City reserves the right to cancel and obtain fro er sour an serviceskhtthve not been provided within the period of time stated in the proposal, or no sub i is stated reasonable period of time from the date of order or request, as determined by th 2. Equal Employment Opportu — Ven ejI comply with 41 CFR 60-1.4(b) a. During the performance oaf c ntract, the vendor agrees as follows: (1) The v in ill not discriminate against any employee or applicant for employment because of ,r I religion, sex, sexual orientation, gender identity, or national origin. The vendor will take ei ative action to ensure that applicants are employed, and that employees are treated during Iployment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The vendor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. City of Fayetteville, AR Appendix A - Contract Provisions for Non -Federal Entity Contracts Under Federal Awards, CFR Part 200, Appendix II Last Updated: 12/02/2022 Page 1 of 7 Page 185 of 560 (2) (3) (4) The vendor will, in all solicitations or advertisements for employees placed by or on behalf of the vendor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. The vendor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the vendor's legal duty to furnish information. The vendor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the vendor's co Itments under this section, and shall post copies of the notice in conspicuous places av ilao employees and ap licants for emolovment. provisions of Executi Order 11246 tembe� and of r t or ers of the et ry of L �`� nand r jS r rr quired by xe tive OrdZ4s*uant Z1�6 of September ins, and o the Se o Labor p thereto, and -ecords ounts b iniste ency and the Secretary tiga ' ascertai ianc rules, regulations, and �Rplianc it h non(*cri tion clauses of this contract or y tion r or s, thi ct may be canceled, terminated, or and th ven or may red ineligible for further Government n contr c In ccordance with procedures authorized in t r 24, 1965r such other sanctions may be imposed and Executi 0 er 11246 of September 24, 1965, or by rule, etary of or as otherwise provided by law. -tio entence immediately preceding paragraph (1) and the r in every subcontract or purchase order unless exempted Df th ecretary of Labor issued pursuant to section 204 of Executive h5, so that such provisions will be binding upon each sub -vendor ch action with respect to any subcontract or purchase order as direct as a means of enforcing such provisions, including sanctions C. at in the event a vendor becomes involved in, or is threatened with, endor or vendor as a result of such direction by the administering ay request the United States to enter into such litigation to protect cited States. agrees that it will be bound by the above equal opportunity clause in employment practices when it participates in federally assisted ,..,,,11- -,.I.— . , ovidedI That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of vendors and sub vendors with City of Fayetteville, AR Appendix A - Contract Provisions for Non -Federal Entity Contracts Under Federal Awards, CFR Part 200, Appendix II Last Updated: 12/02/2022 Page 2 of 7 Page 186 of 560 4. the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. d. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a vendor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon vendors and sub -vendors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the progr m with respect to which the failure or refund occurred until satisfactory assurance of Lit r ompliance has been xei.vecl from such applicant; and refer the case to the Dement of Justice for appe legal proceedings.► b. Subcontracts. Each nonexempt prime vendor or s cjv dor shall i e the e IQortunity each of its nonexempt subcontracts. • r� c. Inclusion of the equal opportunity clause b)j r+cdrii ce. The portun' e may be c ed by reference in all Government contracts and subcontra ng Gnt bills d1Trg, trans t ion requests, contracts for deposit of Government funds, and Its for I u nd payi S avin d notes, and such other contracts and subcontracts as the to of OFC►desig d. Incorporation by operation of t fir. By o e f the er, h quAopp nity clause shall be considered to be a part of every contract d ubcontract r redCh o r an thulations in this part to include such a clause whether or not it i h i Ily iN orated ins ntracts her or not the contract between the agency and the vendo n. `1 e.Adaptation of language. uch neces�hanges i a uage made in the equal opportunity clause as shall be appropriate to identify prope5eparties a underta Davis -Bacon Act, (40 U.S.C. 31A314 nd 3J&1 ) as sed by Department of Labor regulations (29 CFR Part 5, See also 2 C.F. of the wage determination. awarding agency. A` United States"). uired to pay wages to laborers and mechanics at a rate not less ination made by the Secretary of Labor. In addition, vendor must &4bf the current prevailing wage determination issued by the Department of Mo award a contract or subcontract must be conditioned upon the acceptance Federal entity must report all suspected or reported violations to the Federal shall reference the appendices containing Wage Determination Numbers and dates. 140 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, rs on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the Each contractor or subrecipient shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non -Federal entity must report all suspected or reported violations to the Federal awarding agency. City of Fayetteville, AR Appendix A - Contract Provisions for Non -Federal Entity Contracts Under Federal Awards, CFR Part 200, Appendix II Last Updated: 12/02/2022 Page 3 of 7 Page 187 of 560 i. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. ii. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. iii. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. 5. Contract Work Hours and Safety Standards Act a. Where applicable (see 40 U.S.C. § 3701), all contracts awarded by the non -Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations at 29 C.F.R. Part 5. See 2 C.F.R. Part 200, Appendix 11, ¶ E. b. Under 40 U.S.C. § 3702, each contractor must be required to compute the wages of every mechanic and laborer based on a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the bN ate of pay for all hours worked in excess of 40 hours in the work week. c. The requirements of 40 U.S.C. § 3704 are applicable to construction worIN provide that no laborer echanic must be required to work in surroundings or under working conditions ii;ich are unsani,hazard gerous. These requirements do not apply to the purchase of s plies or Na13'or art' &Zinarlly A n the open market, or contracts for transportation or transmis ' f int m c 'l' A� d. Compliance with the Contract Work Hours p ty Stand ii. Overtime requirements. No con r subco r contra i any p f contract work which may require or involve the eri' �I nt of I r or mech s all re i rmit any such laborer or mechanic in any workwee 11j&Nch he oj empl n u wo ork In excess of forty hours in such workweek unless u 6 orer 11tRiic rec es ensa%on a rate not less than one and one- half times the basic_r?a pay for all woamd in a ess of fcifUours in such workweek. iii. Violation; liability r]nNid es; 1quidatec1am es. In th Ziflcof any violation of the clause set forth in paragraph se th cont c any sub �tor responsible therefor shall be liable for the unpaid wa s. In addit uch cont ct and subc for shall be liable to the United States (in the case of work done contract r District C mbia or a territory, to such District or to such territory), for Ii iclate damag liquid amages shall be computed with respect to each individual laborer oVEechar clu 'ng w nd guards, employed in violation of the clause set forth in paragra (1 fthis sect' e su 0 r each calendar day on which such individual was required or per It work i of the an workweek of forty hours without payment of the overtime w uired by th au e set fort in ragraph (1) of this section. iv. ing for u aid ages im I ed damages. The (write in the name of the Federal agency or the loan r granter I t) shall r own action or upon written request of an authorized representative of the Dep bor I d or cause to be withheld, from any moneys payable on account of work perform the cont r subcontractor under any such contract or any other Federal contract with the same prime �co or any other federally -assisted contract subject to the Contract Work Hours and Safety Standard hich is held by the same prime contractor, such sums as may be determined to be necessary t s is any liabilities of such contractor or subcontractor for unpaid wages and liquidated dams i i d in the clause set forth in paragraph (2) of this section. co V. Subc . The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragrap (1) through (4) of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section." 6. Rights to Inventions Made Under a Contract or Agreement: If the Federal award meets the definition of "funding agreement" under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit City of Fayetteville, AR Appendix A - Contract Provisions for Non -Federal Entity Contracts Under Federal Awards, CFR Part 200, Appendix II Last Updated: 12/02/2022 Page 4 of 7 Page 188 of 560 organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 7. Clean Air Act: Contracts in excess of $150,000 shall comply with the following related to the Clean Air Act a. The vendor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C.§ 7401 et seq. b. The vendor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the (name of recipient), Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. c. The vendor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance funding. 8. Federal Water Pollution Control Act: Contracts in excess of $150,000 shall comply with the following related to the Federal Water Pollution Control Act a. The vendor agrees to comply with all applicable standards, orders or regul iorSued pursuant to the F eral Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. b. The vendor agrees to report each violation to the (name of the state a cy or local or Cn tribalent) and understands and agrees that the (name of the sta e ag ncy or loc n ian tri Irnmer urn, report • each violation as required to assure notificationto came Of i nt), Fede(pI �ergenc ement Agency, and the appropriate Environmental ProtecVor�gency Regl ce. �v c. The vendor agrees to include these requ r rrts in ea b ontract edThg $15Q, 0 i anced in whole or in part with Federal assistance. Debarment and Suspension (Executive O 2549 a d a. This contract is a covered tra ac ion for purp of R. required to verify that no o t ve or/contractor, s p cipal (defined at 2 C.F.R. § ) ar, Iud(defir C.F.R.180.935). Zc J` b. A contract award (per 2 CFR 0) shall t ade to ti System for Award Manag M), in r ce wit B 5 `.F.R. pt. 3000. As such the vendor is 3t 2 C.F.R. § 180.995), or its affiliates or disqualified (defined at 2 C.F.R. § listed on the governmentwide exclusions in the guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR art V6 Co p. 89) (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM clu ns contai ames ti debarred, suspended, or otherwise excluded by agencies, as well as parti I inelig er statuu egulatory authority other than Executive Order 12549. c. The vendor��Ccomply wi . R. Dt. 1CO. y bpart C and 2 C.F.R. pt. 3000 subpart C and must include a requiremel*J00Wwmply , d. If it is later dJ%_-rmin%cI3 C, in addition to e Federal Governm t e. The bidder or proposer subpart C while this offe or proposer further ajgj 10. Byrd Anti -Lobbying lower tier covered transaction it enters into. le vendolkiNi5t comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart ailabl "Name of state agency serving as recipient and name of subrecipient), the >u it le remedies, including but not limited to suspension and/or debarment. 7\. mply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, N and throughout the period of any contract that may arise from this offer. The bidder include a provision requiring such compliance in its lower tier covered transactions. 31 U.S.C. § 1352 (as amended) Vendor's who appTor bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal City of Fayetteville, AR Appendix A - Contract Provisions for Non -Federal Entity Contracts Under Federal Awards, CFR Part 200, Appendix II Last Updated: 12/02/2022 Page 5 of 7 Page 189 of 560 funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. 11. Procurement of recovered materials (§ 200.323) a. A non -Federal entity that is a state agency or agency of a political subdivision of a state and its contractors and vendors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 12. Prohibition on certain telecommunications and video surveillance services or equipment § 200.216) a. Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to: i. Procure or obtain; ii. Extend or renew a contract to procure or obtain; or iii. Enter into a contract (or extend or renew a contract) to procurebtain equi ment, se that uses covered telecommunications equi mentor service a substantial ential� system, or as critical technology as part f a system. sibed ' Law 12 covered telecommunications equipme tel c u ications q ment Technologies Company or ZTE Cori . (or any ry or of i such en 'e 0 �Nsystems nt of any section 889, by Huawei (1) For the purpose of pub y, secur- vernm ties, p ca s curity surveillance of critical infrastruct d of ional ri pu s, ideo surveillance and telecommunicati e ipment ced b to omr tions Corporation, Hangzhou Hikvision Digi I c nolog or D ua c ologh*Cony (or any subsidiary or affiliate of such enti s) (2) Telecom ui c 'onsbLr vi�eo sury ant service !1$8 ed by such entities or using such 1111 ideo su e ante eq ii i V or services produced or provided by an entity e �1 v onsultati the Director of the National Intelligence or the e of Inv ion reasonably believes to be an entity owned or In implementing t executive age e: support to s entities to services, and en c. See Public Law 1 d. See also § 200.47 se onne e e government of a covered foreign country. ablic L 5 2, section 889, subsection (f), paragraph (1), heads of ant, su dy programs shall prioritize available funding and technical itu n nd organizations as is reasonably necessary for those affected c equipment and services, to procure replacement equipment and 1j ervice to users and customers is sustained. ditional information. 13. Domestic preferences for procure § 200.322) a. As appropriate and to e nt consistent with law, the non -Federal entity should, to the greatest extent practicable under a Federa r ide a preference for the purchase, acquisition, or use of goods, products, or materials produced in th i States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The re irements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. b. For purposes of this section: i. "Produced in the United States' means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. City of Fayetteville, AR Appendix A - Contract Provisions for Non -Federal Entity Contracts Under Federal Awards, CFR Part 200, Appendix II Last Updated: 12/02/2022 Page 6 of 7 Page 190 of 560 ii. "Manufactured products" means items and construction materials composed in whole or in part of non- ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. City of Fayetteville, AR Appendix A - Contract Provisions for Non -Federal Entity Contracts Under Federal Awards, CFR Part 200, Appendix II Last Updated: 12/02/2022 Page 7 of 7 Page 191 of 560 STOP 1 1A Ll arms Statement of Qualifications and Performance Data for Year 2023 The City of Fayetteville, Arkansas G o Pf d for: A B i If Fay J' Purc g Divisi o m est �4o tain St� ay ttevill�R 7 1 Po P � J �rePe Shane ning, , xA, LEED-AP BD+C nt Engin rr Elements, PLLC GN 245 Joyce Blvd., Suite 1 �j�jetteville, AR 72703 ..(��hone (479) 695-1333 January 19, 2023 2 RFQ 23-01 Page 193 of 560 EXECUTIVE SUMMARY January 19, 2023 Ms. Amanda Beilfuss City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 Re: RFQ #23-01 Engineering and Architectural Services Ms. Beilfuss: Engineering Elements is pleased to respond the City of Fayetteville. We appreciate th-gN demonstrate our commitment toward th s We consider ourselves fortunate for projects spanning the past several I ourselves as a valuable and tru-%A �he t202 or E ring i s for 5rtunit o bmit a pmoMed to pleti,prgpased City project. a� e'v a o cu'th the City on 1, th Fau Inside you'll find summary ti 'n146 recent�r6j experience continues to cro s a wid�ay of c,NmVercia office and retail buildings, healt c faci+)x poblic sc buildings and projects for the�CJ ivefsity onsas. projects that we continua shaen s ig prior wcr-k, we have proven ects.Tonally, you'll find our I c suction projects including p 1 g churches, restaurants, federal t rough these past and current prove our offering to the City of Fayetteville. 011 We truly thank yo r r past r s and ce in your projects and want to thank you in advance for consi n g u f our futu i eering design needs. Please don't hesitate to contact us for any qu u ve. Sincerely, Qj Shane R. Lanning, P. ., CxA, LEED-AP Engineering Elemen , PLLC 3 RFQ 23-01 Page 194 of 560 TABLE OF CONTENTS Section/Description................................................................................ Page Cover............................................................................................................2 Executive Summary......................................................................................3 Tableof Contents.........................................................................................4 1. Firm Profile...............................................................................................5 2. Personnel.................................................................................................5 3. Active Professional Engineering Licenses................................................5 4. Professional Affiliations............................................................................5 5. Individual Resumes..................................................................................6 6. Specific Project Experience......................................................................8 7. Additional Project Experience...................................................................15 8. Capabilities................................................................................... 16 9. Description of Services............................................................. 17 10. References.............................................................................................19 V 0 C o P � J 01 i 4 RFQ 23-01 Page 195 of 560 1. FIRM PROFILE Engineering Elements is a full service consulting engineering firm founded in 2005 and located in Fayetteville. Our firm offers mechanical, electrical, plumbing, fire protection and sustainable design services for many different project types. Our goal is to provide high quality engineering services in a timely manner for our clients. Close personal attention to our projects is a hallmark for our firm and is accomplished through an organizational structure that empowers each employee. Our clients appreciate the quality benefits realized in working with our firm; where they're not handed from department to department to get their questions answered. Instead each employee is familiar with our organizational systems and protocols, enabling quick and accurate responses to issues. Additionally, this "continuity of service" naturally drives a high level of quality and commitment for our client's interests — one we intend to carry throughout the life of the project and beyond. Finally, we understand communication and coordination to be the c r rstones of successf projects. Our daily work involves close coordination with numer s an simult us proW partners where we rely on the best industry praQcetoensur prof cPd agerm Whether for your small or large projects, EnginEle s equipp read liver quality engineering services. 2. PERSONNEL (Years of Experien �► Shane R. Lannin P.E. CxA LEE B D hani al/ icanOr, 28 ears Ryan D. McClain, P.E., CxA, L - O+ (Mech I ngi er, 25 years) Jacob D. Cersovsky (Electric ine r, 20 y rs) Jeremy Hooe (Electrical i r, 10 s)$% G Nathan Blevins (Mechani n in r, 0 year Elizabeth Boone Mechani al E i�6 e �GJ ( Y Alissa Crossland (Mechanic eer, 2 r Josh Wright (Plumbing Desitnifr years) n. Ronald G. McClane (M ani Des r, ye �J Paul Priestner (Ener u Com ing, s uction Inspection, 30 years) Collin Schoolcraft cal En , 6 ye s) Sam Ward (Co on Inspe n, ER S t 3. ACTIVE PROF SI GING LICENSES Arkansas, MissouriColisiana`oma, New Mexico, Texas, Nebraska, Kentucky, Kansas, Colorado, Tenn%; ltlfississippi, Pennsylvania 4. PROFESSIONAL AFF 1 ONS American Societ ating, Refrigeration and Air Conditioning Engineers (ASHRAE) American Society o lumbing Engineers (ASPE) National Fire Protection Association (NFPA) Illuminating Engineering Society of North America (IESNA) National Council of Examiners for Engineers and Surveying (NCEES) Association of Energy Engineers (AEE) AABC Commissioning Group (ACG) 5 RFQ 23-01 Page 196 of 560 5. INDIVIDUAL RESUMES 5.1. Shane R. Lanning, P.E., CxA, LEED-AP BD+C, President PROFESSIONAL EXPERIENCE 2005 - Present President Engineering Elements, PLLC 2009 - Present Partner Pinnacle Energy Services, Inc. 1999 - 2005 Project Manager Green Anderson Engineers, Inc. 1995 - 1999 Design Engineer Geary Engineering, Inc. PROFESSIONAL REGISTRATION Registered Professional Electrical and ec anical Eng1 Arkansas, Oklahoma, Nebraska, Ne exic4, Miss( Texas, Louisiana, Kentucky , Color4do, Ten Certified Commissioning Autho ' BC ONWission LEED-AP, Building Design ructio PROFESSIONAL AFFILI (�G�J• , J - American Socie a 'ng,&frigeration �d it Con g Engineers (ASHRAE) National Fire Pr A iaSon Illuminating Engi Bring SO y of o merica IJ ) The United States Gr uilding it (US AABC Commissionup (A National Council of EVnin or gin d Surveying (NCEES) EDUCATION �► Ka e Uni rs Bach r Zzof Archit m I ngineering , n PROJECT EX RICE n .GJ �GJ Fayetteville Publiry Fayetteville, AR First LEED a project in Arkansas city was designed with 15,000 ga istern for reduced lawn irrigation, dual fan, dual duct HVAC system, lighting controls featuring occupancy sensor and security system interlock, daylight harvesting, and green roof. 0 RFQ 23-01 Page 197 of 560 5.2. Ryan D. McClain, P.E., CxA, CEM, LEED-AP o+m, Vice President PROFESSIONAL EXPERIENCE — 2007 - Present Partner Engineering Elements, PLLC 2009 - Present President Pinnacle Energy Services, Inc. 2004 - 2007 Design Engineer, Project Manager Green Anderson Engineers, Inc. 2001 - 2004 Quality Manager Danaher Corporation PROFESSIONAL REGISTRATION Registered Professional Mechanical Engineer: Arkansas LEED-AP, Existing Building Operation & Maintenance Certified Energy Manager Certified Commissioning Authority - AABC Com issi ning G • PROFESSIONAL AFFILIATIONS •`+ - Building Commissioning Association (B American Society of Heating, Refriger nd Aironing s ( ) Association of Energy Engineers ( United States Green Building C I USG Associated Air Balance Coun ' C missioni`n� oup CG �w EDUCATION •1—�J University of Arkansas Bachelor of Science, Mechangineerin EXPERIENCE Q, University of Arkansas, O' �► Campus Wide Energy gs Pro In a good example o i la -scale P apability Ryan delivered Cx se ces for v 5 million •` square feet of existing b ildin ce read r 18 buildings on a major (Di sio ) universi campus served by a distric to and cM1% f' water system. Mr. McClain spearheaded a-hulti- party effort that successfully met a very�adgressive deadline for this project. The team was comprised ti°l f TA.: , of a six -man Cx team aide b n estimated 30 to 40 other individuals that ' I members from the university's facilities group, members from the ESCO whose work was being c ioned (including their engineers, managers and technicians), the university's on - call controls contractor, and a project TAB firm. Additionally, while most Cx work occurred during the summer months which benefited from light campus activity, several of the buildings were designated by the owner as either highly sensitive occupancy types or otherwise critical to the university's daily operations including a chemical and biological engineering building, and the campus' central administration and commercial food service building. Mr. McClain coordinated closely with the Cx team as well as individual building managers to carry out a phased commissioning plan that allowed the facilities to maintain their on -going operations. 7 RFQ 23-01 Page 198 of 560 6. SPECIFIC PROJECT EXPERIENCE Square Garden Lighting Project Location: Fayetteville, Arkansas Owner: City of Fayetteville, AR Project Cost: Multiple Completion Dates Project Description: This project consists of new street lighting an elect � stem city blocks around the Square of Fayed vi . New r t lighti�l marketing, Christmas decorations, et . s pr A long Center Street and Mountain Streets ting nc met. f1 In addition to the street lig square were upgraded. bW31QproJ of the Square. New ele rical pal for Christmas lighting and alto to events held twice weekly Atl�e controls were condensed tobhe future expansion of t Subsequent to t lighting project q Avenue and Dic (- Additional Municipal Expe Springdale Fire Departme fi Remodels of Library, CoIN Har-Ber, Butterfield KJ �emelx%kw twelve p r display, uast Avenue, etteville were iste 44r the interior of the city for the walking trail inside Nr intersections of the Square Turing the "Farmer's Market" et lighting and accent lighting Conduits are roughed -in for street lighting. City of Fayetteville on a one mile trail :reet lighting upgrades along College Aining Facility — Springdale, Arkansas nity Building and Police & Courts — West Fork, Arkansas es' and George's Lift Stations — Springdale, Arkansas Alma Police Stati model — Alma, Arkansas Fort Smith Transit NG Station — Fort Smith, Arkansas Mud Creek Trail Lighting — Fayetteville, Arkansas Emma Avenue Street Lighting — Springdale, Arkansas Huntsville Fire Station — Huntsville, Arkansas Elm Springs Road Street Lighting — Springdale, Arkansas Pleasant Grove Road Street Lighting — Rogers, Arkansas Tahlequah Police Station Remodel — Tahlequah, Oklahoma RFQ 23-01 Page 199 of 560 McDonald Eye Associates Location: Fayetteville, Arkansas Project Cost: $4.0 million Total Completion Date: 1�1�•I�I�E:� Size: 18,600 square foot Project Description: This project consists of a new single -story med will house medical office, exam, procedure a specialize in medical and surgical eye c o including glaucoma, corneal disease, an ct optical retail center located in the faci The plumbing fixtures througho and faucet controls for restro package rooftop variable a positive and negative press re to the surgery center. Medium facility with a low pressure dLr and areas are served wit an -I building HVAC system_i m 't programming co The lighting systell emergency genera access to a central d 'ncluding flush valve m consists of two units operate to maintain ted throughout all areas of the unit. All individual rooms Andependent thermostat control. automation system for energy and )Tcupancy sensor controls for all rooms. P r the building, allowing the building tenant as well as critical electrical systems for the surgery center. Additional Medical and H • Pfacilities: McCurtain County He t partment —Idabel, Oklahoma Cath Lab and Pet S es, for Arkansas Heart Center — Conway, Arkansas Mount Comfort Veteri Clinic — Fayetteville, Arkansas Advanced Dermatology and Skin Cancer Center, Fayetteville, Arkansas Health and Wellness Center — Poteau, Oklahoma Arkansas Hospice — Russellville, Arkansas Mercy Physician's Office Building — Fayetteville, Arkansas Northwest Arkansas Pathology Lab Addition/Remodel — Fayetteville, Arkansas 0 RFQ 23-01 Page 200 of 560 Commerce Park II Location: Joyce Boulevard Fayetteville, Arkansas Owner: Commerce Park, LLC Project Cost: $12.5 million Total $1.85 million MEP Completion Date: May 2007 Project Description: This project was a 60,000 square foot, accommodate high -end professional fi State-of-the-art audio/video systems al facility includes a four-story open ailla water fountain was designed fork ,er The plumbing fixtures thro and faucet controls. The H units and a medium pressure fan -powered VAV boxes with monitored by central buil Special ventilation sys eVs.A commercial kitchen functions. The entire building co<nc IN dual-technology occu emergency generator access to a central emerge 511se IT^b requirements. ro&: n all floors. The cQntra,Weatures. A custom Mor-actNaTed, including flush valve Ira '`table air volume (VAV) rooftop i dividual offices are served with trol. The building HVAC system is wrgy and programming control. nd floor tenant's product review room. Dr tenant break room for catering 1'ig control system. The lighting system features ols as well as daylight harvesting features. An ✓ided for the building, allowing each building tenant system. Additional Office an ildings: Ozarks Electric Coo ti 4-Story Office Building — Fayetteville, Arkansas Arkansas Valley Elect ooperative 4-Story Office Building — Ozark, Arkansas Moberly Professional Office Building — Bentonville, Arkansas Tyson Foods Manufacturing & Automation Center — Springdale, Arkansas Nelson's Crossing Buildings 1, 2 and 3 — Fayetteville, Arkansas Schlumberger Corporate Office Buildings — Conway, Arkansas and Cleburne, Texas Honda of Russellville — Russellville, Arkansas 10 RFQ 23-01 Page 201 of 560 Mineral Springs High School Location: Mineral Springs, Arkansas Owner: Mineral Springs Public Schools Project Cost: $18 million $5.1 million MEP Completion Date Spring 2019 Size:.. 120,000 square foot total 27,600 square foot — Competition Gymn< Description of Facty: n� This new high school includes 9 The educational space includ s also includes a library with music room, choir room, pa nt commercial kitchen. I HVAC Systems: The building's HVAC s;l.<t� and single zone vari outdoor air to indiy�� cla energy efficiency calf dedicated variable air voIM4 air exits the building th ouc reduce the building air system allows for central p ce for 600 students. ructatories. The school ion lab, instrumental loading dock and full INi9mbinV5,Zf split systems, ackaged rooftop units �W) u ]]rdedicated outdoor air system delivers separ m the primary air conditioning system for i di a sors in each classroom are interlocked with I and a central VAV air handling unit. All exhaust very ventilators to capture and/or reject energy to ergy consumption. A central building automation ing and control of all HVAC systems. Additional Public Sc "'.� Prairie Grove Middl I —Prairie Grove, Arkansas Mena High School — lVVa, Arkansas Palestine -Wheatley High School — Palestine, Arkansas Nashville High School HPER Building — Nashville Arkansas Charleston High School — Charleston, Arkansas Cossatot River High School — Vandervoort, Arkansas Lavaca High School — Lavaca, Arkansas 11 RFQ 23-01 Page 202 of 560 First Presbyterian Church Location: Harrison, Arkansas Owner: First Presbyterian Church Project Cost: $7.1 million Total $1.43 million MEP Completion Date: June 2007 Size: 41,000 square foot Description of Services: I his project consisted of a new Worsi Lentep,,WFirst PrCSYSyt'en9j0Mregation in Harrison, Arkansas. The facility incl A es auare foot sanctuary, ,600 square feet of Sunday school classrooms, 10 a square* office and administrative areas, and a 10,200 square foot Family Life ter. he facility includes a full time daycare facility for children ages 0-5, a complete c i ti he ull size basketball gymnasium and a contemporary worship auditorium. V 'IV* I J Both the sanctuary and cont ry wo ea ip udito ' ture state-of-the-art audio/video systems. All rooms in th cili eat au 'o/v' a abilities that can observe or listen to the proceedings in eithe th anctu Mr wors ' c ter. Control rooms were provided in both areas to allow co t Wall audio, eo and lighting systems from a central remote location. IQ��,� The HVAC systems are d vi e?itral building automation system (BAS). The BAS is also integrated to all w troll o us lighting systems in the facility as well as the parking lot lighting. Additional Religious Facili"t'It�: Christ of the Hills Unit d Methodist Church — Hot Springs Village, Arkansas Northside Assembly f Church — McAlester, Oklahoma Discovery Church — YN66, Oklahoma Butterfield Assembly of God — Van Buren, Arkansas Central Christian Church — Fort Smith, Arkansas First Baptist Church — Farmington, Arkansas First United Methodist Church — Springdale, Arkansas First United Methodist Church — Siloam Springs, Arkansas 12 RFQ 23-01 Page 203 of 560 University of Arkansas, Rice Research Extension Center Location: University of Arkansas Stuttgart, Arkansas Project Cost: $1,800,000 Total Completion Date: Summer 2018 Size: 5,000 square foot Description of Services: The new greenhouse, head house, cros* ►Toorn were built to expand the nationally re Sion ized ri University's Agricultural Experimen provide a research component i h a stress c temperatures and increased a lit at stress The building HVAC system %oi walls, ventilation fans, chiller a with in -slab heating and unit central building automati sy, control during the durati n o The lighting syste lighting spectrum n precise aiming and E light fixture is capable neighboring fixtures. � 1 fistsZn evap�rE d rrega ambers thehcilities will with rising climate �kAo stem with evaporative pad shading curtains and boiler pg systems are controlled with a mperature, humidity, and light level and metal halide lamping options for �NTe'd to a motorized rigging system to allow it output to match real world conditions. Each tion as well as synchronized operation with Additional University of as Projects: Cralley-Warren Labor odel Food Science Labor ddition Food Science Senso b and Classrooms Residence Hall Remodels (Gregson, Pomfret and Futrall Halls) Cotton Branch Research Facility — Marianna, Arkansas Animal Diagnostics Laboratory Chi Omega Greek Theater University Gatehouse at Razorback Terrace 13 RFQ 23-01 Page 204 of 560 United States Post Office, Carrier Annex Location: Taos, New Mexico Owner: USPS Project Cost: $2.4 million Total $585,000 MEP Completion Date November 2006 Size: 20,500 square foot Description of Services: This building houses a new carrier is a 24 hour sorting and delivery fac The building features a 6 bay mail sorting facility. 009 The building construction met an This included dark sky ordinances irrigation systems, indoor�cupar features. ( T Design and constrLI design team was 11V Oklahoma City, OK. consisting of the main `� + for the0ited Stai 2tQl iTity for Taos, New Mexico and64 g d ck for tracto tr ar j'ler traf ' O X Serfice. The building -ounding communities. a 12,000 square foot �virntally friendly building codes. Ktive landscaping with no domestic and HVAC controls with economizer Piect ahead ofschedule and within budget. The and the general contractor was located in e were given an additional project I also in Taos. ^v Additional USPS Projects: Process and Distribution CeNew Orleans, Louisiana Dickson Street Remo I ayetteville, Arkansas Human Resources F t Little Rock, Arkansas Process & Distribution nter — North Little Rock, Arkansas District Office — Little Rock, Arkansas Main Post Office — Abita Springs, Louisiana Mail Sorting Facility — Camden, Arkansas Main Post Office and Carrier Annex — Taos, New Mexico Main Post Office Remodel — Vinita, Oklahoma 14 RFQ 23-01 Page 205 of 560 7. ADDITIONAL PROJECT EXPERIENCE Municipal: Fayetteville Public Library, Fayetteville, Arkansas 90, 000 square foot 4-story library with 90, 000 square foot 3-story parking garage. The library is LEED silver certified. Washington County Service Center — Fayetteville, Arkansas Springdale Water Utilities Offices — Springdale, Arkansas Booneville Public Library — Booneville, Arkansas Wilson Park Trail Lighting — Fayetteville, Arkansas Farmington City Hall and Fire Station — Farmington, Arkansas Street Lighting Improvements — Fort Gibson, Oklahoma Medical Buildings: Mercy Health, Rogers, Arkansas 112, 000 square foot, 4-story medical office building wit<Ndosco urol( OB/GYN, Cardiovascular, Urology and Internal M@di i uites Lincoln Medical Education Foundation Ch' d Obsery �ayca L�i�+lcoIn, `ka �' Dialysis Center of Lincoln, Lincoln, N umbus, nd B , N Hawthorn Dental Clinic — Fayetteville ansa � Pediatric Dental Associates — Fa t virle, Arks �+ Bise Plastic Surgery Center — F �( it ArkaAas Holt-Krock Dialysis Center — o math, Arkansa Assisted Living and N F�cilit' River Hills Retirementj mmuni d Alzh i is Uni uk, Iowa Assisted Living Commu th two d livi 7dings, one Alzheimer's Unit, and a central commucf er (2 000 total re feet). HVAC systems consisted of internal ground urc eat p nits exterior 90 bore hole well field and 30-ton pond loo ys nhx' Butterfield Trails e me t e I a I — ayetteville, Arkansas Haven Manor i ent Co unities #8 — Lincoln, Nebraska Illinois Health re Cerlt I Pas' lesburg, IL, and Toulon, IL Circle of Life Hospic e gdal ,wjNnsas Reflections Memo C� — Foeh, Arkansas Hazardous/Industrial: Jones Street Lift Station ringdale, Arkansas FBO Corporate Ha ake Field — Fayetteville, Arkansas University of Ark s angar at Drake Field — Fayetteville, Arkansas Duncan Aviation rdous Fuel Storage Building — Lincoln, Nebraska Folsom Children's Zoo Seal Exhibit — Lincoln, Nebraska Applied Technologies Warehouse — Rogers, Arkansas 15 RFQ 23-01 Page 206 of 560 8. CAPABILITIES Hardware: Engineering Elements maintains state -of the -art technical capabilities in terms of computing power. Additionally, we are equipped with laptop computers and tablets fully capable of delivering all our services in a remote platform. Plotting and scanning capabilities include full color, full-scale, Architectural `E' sized drawings on our in house plotters and printers. Software: Software packages we utilize for technical analysis vary by need and include the following: Revit MEP 2023 AutoCAD MEP 2023 Trace 700 V6.1- Whole Building Modeling Software ComCheck Plus — Commercial Energy Software (Test Confor`c�erto A� 90.1) . ResCheck — Residential Energy S tware (Te Form&'&Intl. `y Code & Model EnergyCode �` ) � G Field & Testing Equipment: ' ♦� Laser Infrared Thermal fbr T ure e meQt Titanium Tetrachloride9 ) Smo en to r det g Air Flows, Air Leaks, etc. �� Temperature/Hu D gg rr ` High Resolution gital Cas Electronic Psychrom v .�� G � 16 RFQ 23-01 Page 207 of 560 9. DESCRIPTION OF SERVICES The Engineering Elements Project Plan Approach Communications Engineering Elements will maintain regular communication between all parties involved while performing engineering services. Upon delivery of new project requirements and/or scope of work, Engineering Elements will coordinate with the City's representative to begin the design process. The exact requirements of the project will be reviewed early in the process and decisions will be presented to the City which affects design, aesthetics, and/or cost estimates. Quality Assurance K 1\ Quality Philosophy: Engineering Elements believes qual r to bqdAegral o ongoing project design/construction p ess - not r2 ee ted rw4le qp check at the end of each project as ak,2fArthowQJDAs a d ort q manifests through strong comma ni ation, oron, a ign s y the consistent use of these fundaa practic , Taalit y ' a tura me and the defining feature of the produ tt ultim t eliver t o clients. One example of our qu hilos n pr t+'�e 's r Point of Contact" promise. Our c ca sured In�hav�gi municated a need or issue to our firm th will inter y dissem to h ormation and likewise consolidate respon k ou client. o The Ci f�Payetteville, Shane Canning, PE will in trricoacitY ens rig th n istent administration of engineering servi s. Ryan McCI `PE will se an alternate contact when Shane cannot be availabt due to extefluatin mstances. Finally, as we understand a very reliab� respb eMevel expected by the City, Engineering Elements will a ure (ALL o p rso be familiarized with the overall project scop n oto o rder t e ' er the highest level of service to all parties inv File Or izati gineeri 'I ments employs the best industry practices for record keeping' mm �ons. All project files are maintained both digitally and physicaV digit "backed -up" every day to ensure no loss of data. Electronic inf(Irrilatio I projects for the City of Fayetteville will be organized and stored using c nt formats to ensure file integrity and enable efficient access of inform. Engineering i Activities Design Phi ophy: Effective engineering design involves several phases including Schematic Design, Design Development, Construction Documents, Contract Administration, and Owner Occupation. Engineering Elements proposes to use these phases in organizing each City project and will refer to them by name in reporting, to identify when milestones are achieved and will offer details of activities associated with each of the phases. 17 RFQ 23-01 Page 208 of 560 Schematic Design and Design Development — Prior to beginning any engineering design or going on -site to perform a "Walk -Through" of a facility, Engineering Elements will organize and analyze the following information in order to make the on -site work more productive: Project kickoff and program verification Conceptual design Conceptual design review Determine types of construction Identify major equipment pieces Determine preliminary sizing and load calculations Identify potential energy and cost saving opportunities Define the project (Scope, Features, Purpose, and Fur> Tonality) Design alternatives or Scope reduction •` � Construction Documents —After de n develop is comp) e�Engi Elements will complete production dr i s arY.t N spe i ' ons f engineering design. Elements in t 's p ase i Providing shape to the City'j ct visi Defining specific constructi n ater' I meth Specification of mecha nd el e i v Clarity and Complete of c ion d megts� Identification of co ction sc le i a Verification that ouct'Nn budget i a taine Owner revie to irr del Potential fore rly demn ` Record necessaorman easure� (Temperature, Flow, Pressure, etc) — C1 Constructio Of; and appro DYI distribu�A potE construftlh?.r Draif those documen''4C schedule, and aJP associated w Clarification of -aqlyttion documents have been reviewed Of will be assembled into a bid package for ricing. The objective of this phase is to specifications at the quality level included in ction budget, meeting the construction �r's project scope. The following elements are Facilitating prm",§truction meeting with Owner, contractor and design team Conduct u_ r construction meetings if appropriate Revie a commenting on shop drawings and submittals Site insp ions at regular intervals Reviewing project O&M manuals Establishing punch list prior to substantial completion Verification that punch list items are identified and completed im RFQ 23-01 Page 209 of 560 10.11REFERENCES Architects Architecture Plus, Inc., Michael Johnson, Architect, (479) 783-8395 KSA Architects, Garth Hudgins, Owner & Architect, (479) 521-7794 Key Architects, James Key, Owner & Architect, (479) 444-6066 ParkCo. Architects, Bret & Stacey Park, Owners & Architects (479) 527-6465 Crafton, Tull & Associates, Wes Burgess, Architect, (479) 636-4838 Contractors Johnson Mechanical Inc., Stan Johnson, Owner, (479) 442-5287 Multi -Craft Contractors, Inc., Michael Jones, Project Manager, (479) 751-7411 Professional Air Systems, Bill Minchew, Owner, (479) 871-21 Fayetteville Mechanical Contractors, Brent Morrow, Owner 47 521-4215 Kimbel Mechanical Contractors, Gene Dresel, (479) 756-1 ,1, C (� Equipment Providers (Yior . )Harrison Energy Partners, Jim Bradfor , an0aI9) 3 0 Hambrick Ferguson Inc. John Ha i wn g c, O e2( 8) 6 Utilities `� v Black Hills Energy, Marshall dy, onA It , (47%) 5 0398 P � o P � J G � 19 RFQ 23-01 Page 210 of 560 Beilfuss, Amanda From: Shane Lanning <SLanning@eemep.com> Sent: Monday, February 27, 2023 4:20 PM To: Beilfuss, Amanda Subject: RE: RFQ 23-01, Engineering & Architectural Services CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Amanda, Engineering Elements acknowledges the addendums issued for RFQ 23-01. Shane Lanning From: Beilfuss, Amanda [maiIto:abeilfuss@fayetteville-ar.gov Sent: Monday, February 27, 2023 4:16 PM C) ' O To: Shane Lanning ♦ �� �� Cc: Beilfuss, Amanda `� G Subject: RFQ 23-01, Engineering & Architectural Se Ic Good afternoon, We are currently reviewing statements qf quakficatO n received f RF 23-01, E ring & Architectural Services. We noticed Engineering Elements did n awle eer�of t dum. C provide in writing (replying to this email will work) that Engineering Eleerr`ents ad w dges th a endums t re issued? I ♦ Thank you, Amanda Beilfuss Sr. Purchasing Agent 1 �► Purchasing Division (� 113 W. Mountain St. ♦ ��/.� City of Fayetteville, Arkansa 72703* abeilfuss@favetteville-ar.gov ` T 479.575.8220 1 F 479.575.82� Website I Facebook I Twitter Instagr nn be �) 61TV O' 'AT■TT■VIL WW •AtwXsa The City of Fayetteville-s NEW 2 Procurement Portal is Now Available! Receive the latest updates or register by clicking here. Page 211 of 560 CITY OF FAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 13, 2024 TO: Mayor Jordan and City Council CITY COUNCIL MEMO 2024-1718 THRU: Susan Norton, Chief of Staff FROM: Tim Nyander, Utilities Director SUBJECT: Bid 23-49 Jack Tyler Engineering — Gregg Avenue Sewer Lift Station Pump RECOMMENDATION: Staff recommends awarding Bid 23-49 and authorizing the purchase of a submersible pump for the Gregg Avenue sewer lift station from Jack Tyler Engineering, Inc. in the amount of $103,352.77 plus applicable taxes and freight charges. BACKGROUND: The Gregg Avenue sewer lift station has four (4) pumps total, three of which are primary pumps and one is redundant. Pump No. 2 failed recently, leaving the sewer lift station without a redundant (backup) pump in place. DISCUSSION: The City solicited formal bids for this replacement pump per Bid #23-49, and Jack Tyler Engineering was the only bidder that met all the specifications and requirements. Staff recommends awarding Bid 23-49 and authorizing the purchase of a submersible pump for the Gregg Avenue sewer lift station from Jack Tyler Engineering, Inc. in the amount of $103,352.77 plus applicable taxes and freight charges. This purchase will replace the failed pump no. 2 and will ensure that this critical sewer lift station functions properly in the event of another pump failure. Freight is estimated at $1,000.00, and taxes are estimated at $10,174.40 for a total estimated cost of $114,527.17. BUDGET/STAFF IMPACT: Funds are available in the WWTP Upgrade/Replace Lift Stations account within the Water & Sewer fund. ATTACHMENTS: SRF (#3), Bid 23-49, Bid Tab - Signed (#4), Bid 23-49, Submittal - Jack Tyler Engineering - E (#5) Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 212 of 560 == City of Fayetteville, Arkansas Y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2024-1718 Bid 23-49 Jack Tyler Engineering — Gregg Avenue Sewer Lift Station Pump A RESOLUTION TO AWARD BID #23-49 AND AUTHORIZE THE PURCHASE OF A SUBMERSIBLE PUMP FROM JACK TYLER ENGINEERING, INC. IN THE AMOUNT OF $103,352.77 PLUS ANY APPLICABLE TAXES AND FREIGHT CHARGES FOR USE AT THE GREGG AVENUE SEWER LIFT STATION 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 #23-49 and authorizes the purchase of a submersible pump from Jack Tyler Engineering, Inc. in the amount of $103,352.77 plus any applicable taxes and freight charges for use at the Gregg Avenue Sewer Lift Station.egg Avenue Sewer Lift Station Page 1 Page 213 of 560 Tim Nyander Submitted By City of Fayetteville Staff Review Form 2024-1718 Item ID 2/20/2024 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 2/1/2024 WASTEWATER TREATMENT (730) Submitted Date Division / Department Action Recommendation: Staff recommends awarding Bid 23-49 and authorizing the purchase of a submersible pump for the Gregg Avenue sewer lift station from Jack Tyler Engineering, Inc. in the amount of $103,352.77 plus applicable taxes and freight charges. Budget Impact: 5400.730.5800-5801.00 Water & Sewer Account Number Fund 02068.1 WWTP Upgrade/Replace Lift Stations Project Number Budgeted Item? Yes Does item have a direct cost? Yes Is a Budget Adjustment attached? No Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Project Title $ 1,042,035.00 $ 16,731.00 Is 1,025,304.00 $ 114,527.17 910,776.83 V20221130 Purchase Order Number: Change Order Number: Original Contract Number: Previous Ordinance or Resolution # Approval Date: Comments: Freight is estimated at $1,000.00, and taxes are estimated at $10,174.40 for a total estimated cost of $114,527.17. Page 214 of 560 CITY OF FAYETTEVILLE ARKANSAS BID TABULATION Bid 23-49, Gregg Sewer lift Station Pump DEADLINE: Tuesday, January 23, 2024 at 3:00 PM Technology International, Inc. JACK TYLER ENGINEERING INC TOTAL $66,865.00 $103,352.77 Line # Description CITY UOM Unit Unit 1 Submersible Pump 1 EA $66,865.00 $103,352.77 Rejected: Incomplete r4 Kenny Fitch, Purchasing Page 215 of 560 CITY OF WA FAYETTEVILLE ARKANSAS Bid 23-49 Addendum 1 JACK TYLER ENGINEERING INC JACK TYLER ENGINEERING INC Supplier Response Event Information Number: Bid 23-49 Addendum 1 Title: Gregg Sewer Lift Station Pump Type: Invitation to Bid Issue Date: 12/24/2023 Deadline: 1/23/2024 03:00 PM (CT) Notes: The City of Fayetteville is seeking bids from qualified vendors to purchase a submersible pump. This bid is for the purchase of equipment only; installation will be the responsibility of the City. Any questions concerning the bidding process should be directed to Kenny Fitch, City of Fayetteville Purchasing Agent, at kfitch@fayetteville- ar.gov or by calling (479) 575-8258. Contact Information Contact: Kenny Fitch Purchasing Agent Address: Purchasing Room 306 City Hall 113 West Mountain Street - Room 306 Fayetteville, AR 72701 Email: kfitch@fayetteville-ar.gov Page 1 of 3 pages Vendor: JACK TYLER ENGINEERING INC Bid 23-49 Addendum 1 Page 216 of 560 JACK TYLER ENGINEERING INC Information Address: 6301 S. University LITTLE ROCK, AR 72209 Phone: (501) 562-2296 Fax: (501) 562-4273 Toll Free: (800) 562-2296 Web Address: jteng.com By submitting your response, you certify that you are authorized to represent and bind your company. Mariah Qualls mqualls@jteng.com Signature Email Submitted at 112212024 04:51:33 PM (CT) Requested Attachments Bid 23-49, Bid Form and Signature Pages Bid Submission.pdf Please attach your signed, completed form. This can be found in the 'Attachments' tab. Response Attachments 011624MQA Scope of Supply.pdf Scope of Supply Bid Attributes 1 Check Yes or No: Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently boycott Israel and will not boycott Israel during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing. ❑✓ Yes ❑ No 2 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. ❑✓ Yes ❑ No 3 Addendum Acknowledgement: By selecting "I agree", you acknowledge that you have read and understand any addendums that have been issued for this bid. 2 1 agree Bid Lines Page 2 of 3 pages Vendor: JACK TYLER ENGINEERING INC Bid 23-49 Addendum 1 Page 217 of 560 1 Submersible Pump Quantity: 1 UOM: EA Price: $103,352.77 Total: $103,352.77 Response Total: $103,352.77 Page 3 of 3 pages Vendor: JACK TYLER ENGINEERING INC Bid 23-49 Addendum 1 Page 218 of 560 CITY OF _ FAYETTEVILLE ARKANSAS City of Fayetteville, Arkansas Purchasing Division — Room 306 113 W. Mountain Fayetteville, AR 72701 Phone: 479.575.8256 TDD (Telecommunication Dev ce for the Deaf): 479.522.1316 INVITATION TO BID: Bid 23-49, Gregg Sewer Lift Station Pump DEADLINE: Thursday, January 18, 2024 before 2:00 PM, Local Time PURCHASING AGENT: Kenny Fitch, kfitch @fayetteville-ar.Rov DATE OF ISSUE AND ADVERTISEMENT: 12/24/2023 - INVITATION TO BID Bid 23-49 GreggSewer Lift Station Pump No late bids will be accepted. Bids shall be submitted in one of the following methods: (1) through the City's third -party electronic bidding platform, or (2) delivering in person via sealed envelope to the City of Fayetteville Purchasing Division. Submitting through the City's electronic bidding platform is strongly encouraged. City of Fayetteville Purchasing Division — Room 306 113 West Mountain Street Fayetteville, AR 72701 All bids shall be submitted in accordance with the attached City of Fayetteville specifications and bid documents attached hereto. Each bidder is required to fill in every blank and shall supply all information requested; failure to do so may be used as basis of rejection. The undersigned hereby offers to furnish & deliver the articles or services as specified, at the prices & terms stated herein, and in strict accordance with the specifications and general conditions of bidding, all of which are made a part of this offer. This offer is not subject to withdrawal unless upon mutual written agreement by the Proposer/Bidder and City Purchasing Division. City of Fayetteville, AR Bid 23 49, Gregg Sewer Lift Station Pump Page i of 18 Page 219 of 560 City of Fayetteville Bid 23-49, Gregg Sewer Lift Station Pump Advertisement City of Fayetteville, Arkansas INVITATION TO BID Bid 23-49, Gregg Sewer Lift Station Pump Bid 23-50, Noland Pond Return Pump Bid 23-51, Noland Aeration RAS Pump The City of Fayetteville is seeking three (3) separate bids from qualified vendors to purchase a total of three (3) submersible pumps. These bids are for the purchase of equipment only; installation will be the responsibility of the City. Any questions concerning the bidding process should be directed to Kenny Fitch, City of Fayetteville Purchasing Agent, at kfitch fay_etteville-ar.Aov or by calling (479) 575-9258. Bidding documents and addenda shall be obtained at the City of Fayetteville Purchasing Division's electronic bidding platform at www.fayetteville.-ar.,gov/bids. All bids shall be received by Thursday, January 18, 2023 before 2:00 PM, Local Time utilizing the electronic bidding software or by submitting a sealed physical bid to the City of Fayetteville, Purchasing Division address listed below. All bids are due before the time stated. 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:/Iwww.voutube.com/user/cityoffayettevillear. No late bids shall be accepted. The City of Fayetteville shall not be responsible for lost or misdirected bids, or for failure of proposer's techn'cal equipment. City of Fayetteville Purchasing Division — Room 306 113 West Mountain Street Fayetteville, AR 72701 Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. Any bidder providing a service shall be registered with the Arkansas Secretary of State. The City of Fayetteville reserves the right to waive irregularities, to reject bids, and to postpone the award of the Contract for a period of time which shall not exceed beyond ninety calendar days from the bid opening date. City of Fayetteville By: Kenny Fitch, Purchasing Agent P: 479.575.8258 kfitch@fayettevil_e_ar.gov TDD (Telecommunications Device for the Deaf): (479) 521-1316 Date of advertisement: 12/24/2023 This publication was paid for by the Purchasing Division of the City of Fayetteville, Arkansas. Amount paid: $185.26 City of Fayetteville, AR Bid 23-49, Gregg Sewer Lift Station Pump Page 2 of 18 Page 220 of 560 City of Fayetteville Bid 23-49, Gregg Sewer Lift Station Pump Required Bid Form — Bid Signature & Online Submittal Reqirements EXECUTION OF BID: All bidders shall submit this section, executed and completed in full by an authorized agent of the bidder. Bidders shall also complete submission through the City's online bidding portal Lwww.fayetteville-ar. ov ids and complete and submit all required information, which may include: • Bid Attributes • Bid Line Items— Bidders shall bid on all line items and not submit partial bids • Response Attachments o Required Bid Form (this form, completed in its entirety) Actual specification of any deficient item shall be noted on the bid sheet or separate attachment. If specifications of item bid differ from provided literature, deviation shall be documented and certified by the manufacturer as a regular production option. PRICE: Bidders shall submit pricing on the City's online bidding portal (www.fayetteville-ar.gov ids in the format presented online. Refer to the City's electronic bidding platform to submit bid pricing electronically. Contact the City Purchasing Division to obtain documents necessary to submit a physical sealed bid; however, all bidders are strongly encouraged to submit on the City's online bidding portal. Upon signing this Bid, the bidder certifies that: 1. Bidder has read and agrees to the requirements set forth in this proposal, including specifications, terms, standard conditions, and any pertinent information regarding the articles being bid on. 2. Unless otherwise noted and explained, the unit(s) bid and listed meets or exceeds all of these requirements as specified by The City of Fayetteville. 3. 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. City of Fayetteville, AR Bid 23-49, Gregg Sewer Lift Station Pump Page 3 of 18 Page 221 of 560 4. The Bidder can and will comply with all specifications and requirements for delivery, documentation and support as specified herein. S. Bidder, as an officer of their organization, or per the attached letter of authorization, is duly authorized to certify the information provided herein is accurate and true. 6. Bidder shall comply with all State and Federal Equal Opportunity and Non -Discrimination requirements and conditions of employment in addition to all federal, state, and local laws. 7. Bidder shall disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. Response shall disclose if a known relationship exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official. If no relationship exists, this should also be stated in your response. Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result of your response. 1.) NO KNOWN RELATIONSHIP EXISTS 2.) RELATIONSHIP EXISTS (Please explain): 8. Bidder will perform the Work in compliance with all applicable trench safety standards set forth in Occupational Safety and Health Administration (OSHA) Part 1926 — Subpart P — Excavations. 9. As s bidder on this project, you are required to provide debarment/suspension certification indicating that you are in compliance with the below Federal Executive Order. Certification can be done by completing and signing this form. a. Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving individual awards, using federal funds, and all sub -recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. b. Your signature below certifies that neither you nor your principal is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. City of Fayetteville, AR Bid 23-49, Gregg Sewer Lift Station Pump Page 4 of 18 Page 222 of 560 Unsigned bids will be rejected. Items marked * are mandatory for consideration. *NAME OF FIRM: yments shall be issued to this name *D/B/A or Corporation Name *BUSINESS ADDRESS:�Q„ I *CITY: L6�tAe Om *STATE: *ZIP: *PHONE: O1 — Z- zzqto FAX: *E-MAIL: *BY: (PRINTED NAME) *AUTHORIZED SIGNATURE: A *TITLE: CoL6kod±Dr UNIQUE ENTITY NUMBER: CAGE NUMBER: *TAX ID NUMBER: Acknowledge Addendums: Addendum No. I Dated: I I JIS Acknowledged by: PMk' aJ 1 Qvkm Addendum No. Dated: Acknow{edged by: Addendum No. Dated: Acknowledged by: Addendum No. Dated: Acknowledged by: City of Fayetteville, AR Bid 23-49, Gregg Sewer Lift Station Pump Page 5 of 18 Page 223 of 560 City of Fayetteville Bid 23-49, Gregg Sewer Lift Station Pump General Terms and Conditions 1. SUBMISSION OF BID & BID EVALUATION: a. Bids shall be reviewed following the stated deadline, as shown on the cover sheet of this document. b. Bidders shall submit bids based on documentation published by the Fayetteville Purchasing Division. c. Bidding documents and addenda shall be obtained at the City of Fayetteville Purchasing Division's electronic bidding platform at www.fayetteville-ar.&ov/bids. All bids shall be received by the deadline, utilizing the electronic bidding software or as stated in the bid advertisement. Submitting a bid electronically is strongly encouraged. A public bid opening will be conducted shortly after the deadline at City Hall and livestreamed at httos://www.youtube.com/user/cityoffayettevillear. No late bids shall be accepted. The City of Fayetteville shall not be responsible for lost or misdirected bids, or for failure of proposer's technical equipment. d. The City will not be responsible for misdirected bids. Bidder should call the Purchasing Office at 479.575.8256 to ensure correct receipt of bidding documents prior to opening time and date listed on the bid form. e. Bidders shall have experience in providing products and/or services of the same or similar nature. f. Bidder is advised that exceptions to any of the terms contained in this bid must be identified in its response to the bid. Failure to do so may lead the City to declare any such term non- negotiable. Proposer's desire to take exception to a non-negotiable term will not disqualify it from consideration for award. g. Local time is defined as the time in Fayetteville, Arkansas on the due date of the deadline. Bids shall be received before the time as shown by the atomic clock located in the Purchasing Division Office. h. Bids will be evaluated and awarded based on the best interest of the City of Fayetteville. The City reserves the right to award bids in their entirety, none, or by line item. 2. WRITTEN REQUESTS FOR INTERPRETATIONS OR CLARIFICATION: No oral interpretations will be made to any firms as to the meaning of specifications or any other contract documents. All questions pertaining to the terms and conditions or scope of work of this bid must be sent in writing via e-mail to the Purchasing Agent. Responses to questions may be handled as an addendum if the response would provide clarification to the requirements of the bid. All such addenda shall become part of the contract documents. The City will not be responsible for any other explanation or interpretation of the proposed bid made or given prior to the award of the contract. 3. DESCRIPTION OF SUPPLIES AND SERVICES: Any reference to a particular brand or manufacturer is done in an effort to establish an acceptable level of quality for this project. Brands or manufacturers that are included in bid that are of at least equal quality, City of Fayetteville, AR Bid 23-49, Gregg Sewer Lift Station Pump Page 6 of 18 Page 224 of 560 size, design, and specification as to what has been specified, will be acceptable for consideration only if approved by the City of Fayetteville Purchasing Division. The City of Fayetteville reserves the right to accept or reject any requested equal. 4. RIGHTS OF CITY OF FAYETTEVILLE BID PROCESS: In addition to all other rights of the City of Fayetteville, under state law, the City specifically reserves the following: a. The City of Fayetteville reserves the right to select the bid that it believes will serve the best interest of the City. b. The City of Fayetteville reserves the right to accept or reject any or all bids. c. The City of Fayetteville reserves the right to cancel the entire bid. d. The City of Fayetteville reserves the right to remedy or waive technical or immaterial errors in the invitation to bid or in bids submitted. e. The City of Fayetteville reserves the right to request any necessary clarifications, additional information, or data without changing the terms of the bid. 5. COSTS INCURRED BY BIDDERS: All expenses involved with the preparation and submission of bids to the City, or any work performed in connection therewith, shall be borne solely by the bidder(s). No payment will be made for any responses received, or for any other effort required of, or made by, the bidder(s) prior to contract commencement. 6. CONFLICT OF INTEREST: a. The bidder represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance or services required hereunder, as provided in City of Fayetteville Code Section 34.26 titled "Authority of City Employee to Contract with the City". b. All bidders shall promptly notify Kenny Fitch, City Purchasing Agent, in writing, of all potential conflicts of interest for any prospective business association, interest, or other circumstance which may influence or appear to influence the bidder's judgment or quality of services being provided. Such written notification shall identify the prospective business association, interest or circumstance, the nature of which the bidder may undertake and request an opinion to the City as to whether the association, interest or circumstance would, in the opinion of the City, constitute a conflict of interest if entered into by the bidder. The City agrees to communicate with the bidder its opinion via e-mail or first-class mail within thirty days of receipt of notification. 7. WITHDRAWL OF PROPOSAL: A bid may be withdrawn prior to the time set for the bid submittal, based on a written request from an authorized representative of the firm; however, a bid shall not be withdrawn after the time set for the bid unless approved by the Purchasing Division. 8. LATE PROPOSAL OR MODIFICATIONS: Bid modifications received after the time set for the bid submittal shall not be considered. Modifications in writing received prior to the deadline will be accepted. The City will not be responsible for misdirected bids. Bidders should call the Purchasing Division at (479) 575-8256 to ensure receipt of their submittal documents prior to opening time and date listed. City of Fayetteville, AR Bid 23-49, Gregg Sewer Lift Station Pump Page 7 of 18 Page 225 of 560 9. LOCAL, STATE, AND FEDERAL COMPLIANCE REQUIREMENTS: a. The laws of the State of Arkansas apply to any purchase made under this bid. Bidders shall comply with all local, state, and federal directives, orders and laws as applicable to this proposal and subsequent contract(s) including but not limited to Equal Employment Opportunity (EEO), Disadvantaged Business Enterprises (DBE), & OSHA as applicable to this contract. b. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. 10. PROVISION FOR OTHER AGENCIES: Unless otherwise stipulated by the bidder, the bidder agrees to make available to all Government agencies, departments, municipalities, and counties, the proposal prices submitted in accordance with said proposal terms and conditions therein, should any said governmental entity desire to buy under this proposal. Eligible Users shall mean all state of Arkansas agencies, the legislative and judicial branches, political subdivisions (counties, local district school boards, community colleges, municipalities, counties, or other public agencies or authorities), which may desire to purchase under the terms and conditions of the contract. 11. COLLUSION: The Proposer, by affixing his or her signature to this proposal, agrees to the following: "bidder certifies that his or her bid is made without previous understanding, agreement, or connection with any person, firm or corporation making a proposal for the same item(s) and/or services and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action." 12. RIGHT TO AUDIT FOIA AND JURISDICITON: a. The City of Fayetteville reserves the privilege of auditing a vendor's records as such records relate to purchases between the City and said vendor. b. Freedom of Information Act: City contracts and documents prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the (Contractor) will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. c. Legal jurisdiction to resolve any disputes shall be in Washington County, Arkansas with Arkansas law applying to the case. 13. CITY INDEMNIFICATION: The successful bidder(s) agrees to indemnify the City and hold it harmless from and against all claims, liability, loss, damage or expense, including but not limited to counsel fees, arising from or by reason of any actual or claimed trademark, patent or copyright infringement or litigation based thereon, with respect to the goods or any part thereof covered by this order, and such obligation shall survive acceptance of the goods and payment thereof by the City. City of Fayetteville, AR Bid 23 49, Gregg Sewer Lift Station Pump Page 8 of 18 Page 226 of 560 14. VARIANCE FROM STANDARD TERMS & CONDITIONS: All standard terms and conditions stated in this request for bid apply to this contract except as specifically stated in the subsequent sections of this document, which take precedence, and should be fully understood by bidders prior to submitting a proposal on this requirement. 15. ADA REQUIREMENT FOR PUBLIC NOTICES & TRANSLATION: Persons with disabilities requiring reasonable accommodation to participate in this proceeding/event, should call 479.521.1316 (telecommunications device for the deaf), not later than seven days prior to the deadline. Persons needing translation of this document shall contact the City of Fayetteville, Purchasing Division, immediately. 16. PROCUREMENT POLICY FOR RECYCLED MATERIALS: The City of Fayetteville wishes to encourage its bidders to use recycled products in fulfilling contractual obligations to the City and that such practices will serve as a model for other public entities and private sector companies. 17. PAYMENTS AND INVOICING: The bidder must specify in their bid the exact company name and address which must be the same as invoices submitted for payment as a result of award of this bid. Further, the successful bidder is responsible for immediately notifying the Purchasing Division of any company name change, which would cause invoicing to change from the name used at the time of the original bid. Payment will be made within thirty days of invoice received. The City of Fayetteville is very credit worthy and will not pay any interest, fees, or penalty for untimely payments. Payments can be processed through bidder's acceptance of Visa at no additional costs to the City for expedited payment processing. The City w*ll not agree to any nonrefundable deposit or retainer that would remain property of the bidder even if the hourly work actually performed by the bidder would not justify such fee. All invoices shall be presented to the City with the minimum information listed below. a. City Department that ordered the materials or services b. Order Date c. Delivery date or the date of services d. Name of the City Employee that requested or picked up the goods, materials, or service e. Bid Number that applies to the purchase and invoices. Amounts in the bid shall match invoicing. 18. CANCELLATION: a. The City reserves the right to cancel this contract without cause by giving thirty (30) days prior notice to the Contractor in writing of the intention to cancel or with cause if at any time the Contractor fails to fulfill or abide by any of the terms or conditions specified. b. Failure of the contractor to comply with any of the provisions of the contract shall be considered a material breach of contract and shall be cause for immediate termination of the contract at the discretion of the City of Fayetteville. c. In addition to all other legal remedies available to the City of Fayetteville, the City reserves the right to cancel and obtain from another source, any items and/or serVices which have not been City of Fayetteville, AR Bid 23-49, Gregg Sewer Lift Station Pump Page 9 of 18 Page 227 of 560 delivered within the period of time from the date of order as determined by the City of Fayetteville. d. In the event sufficient budgeted funds are not available for anew fiscal period, the City shall notify the vendor of such occurrence and contract shall terminate of the last day of the current fiscal period without penalty or expense to the City. 19. ASSIGNMENT, SUBCONTRACTING, CORPORATE ACQUISITIONS AND/OR MERGERS: a. The Contractor shall perform this contract. No assignment of subcontracting shall be allowed without prior written consent of the City. If a bidder intends to subcontract a portion of this work, the bidder shall disclose such intent in the bid submitted as a result of this bid. b. In the event of a corporate acquisition and/or merger, the Contractor shall provide written notice to the City within thirty (30) calendar days of Contractor's notice of such action or upon the occurrence of said action, whichever occurs first. The right to terminate this contract, which shall not be unreasonably exercised by the City, shall include, but not be limited to, instances in which a corporate acquisition and/or merger represent a conflict of interest or are contrary to any local, state, or federal laws. Action by the City awarding a proposal to a firm that has disclosed its intent to assign or subcontract in its response to the bid, without exception shall constitute approval for purpose of this Agreement. 20. NON-EXCLUSIVE CONTRACT: Award of this bid shall impose no obligation on the City to utilize the vendor for all work of this type, which may develop during the contract period. This is not an exclus've contract. The City specifically reserves the right to concurrently contract with other companies for similar work if it deems such an action to be in the City's best interest. In the case of multiple -term contracts, this provision shall apply separately to each item. 21. LOBBYING: Lobbying of selection committee members, City of Fayetteville employees, or elected officials regarding request for proposals, request for qualifications, bids or contracts, during the pendency of bid protest, by the bidder/proposer/protestor or any member of the bidder's/proposer's/protestor's staff, and agent of the bidder/proposer/protestor, or any person employed by any legal entity affiliated with or representing an organization that is responding to the request for proposal, request for qualification, bid or contract, or has a pending bid protest is strictly prohibited either upon advertisement or on a date established by the City of Fayetteville and shall be prohibited until either an award is final or the protest is finally resolved by the City of Fayetteville; provided, however, nothing herein shall prohibit a prospective/bidder/proposer from contacting the Purchasing Division to address situations such as clarification and/or questions related to the procurement process. For purposes of this provision lobbying activities shall include but not be limited to, influencing or attempting to influence action or non -action in connection with any request for proposal, request for qualification, bid or contract through direct or indirect oral or written communication or an attempt to obtain goodwill of persons and/or entities specified in this provision. Such actions may cause any request for proposal, request for qualification, bid or contract to be rejected. 22. ADDITIONAL REQUIREMENTS: The City reserves the right to request additional services relating to this bid from the bidder. When approved by the City as an amendment to the contract and authorized in writing prior to work, the Contractor shall provide such additional requirements as may become necessary. City of Fayetteville, AR Bid 23-49, Gregg Sewer Lift Station Pump Page 10 of 18 Page 228 of 560 23. ADD OR DELETE LOCATIONS OR SERVICES: The City reserves the right to unilaterally add or delete locations and/or services, either collectively or individually, at the City's sole option, at any time after award has been made as may be deemed necessary or in the best interests of the City. In such case, the Contractor(s) will be required to provide services to this contract in accordance with the terms, conditions, and specifications. 24. INTEGRITY OF BID DOCUMENTS: Bidders shall use the original bid form(s) provided by the Purchasing Division and enter information only in the spaces where a response is requested. Bidders may use an attachment as an addendum to the bid form(s) if sufficient space is not available on the original form for the bidder to enter a complete response. Any modifications or alterations to the original documents by the bidder, whether intentional or otherwise, will constitute grounds for rejection of such response. Any such modifications or alterations a bidder wishes to propose shall be clearly stated in the bidder's response and presented in the form of an addendum to the original bid documents. 25. CERTIFICATE OF INSURANCE The successful bidder shall provide a Certificate of Insurance in accordance with specifications listed in this request for proposal, prior to commencement of any work. Such certificate shall list the City of Fayetteville as an additional insured. Insurance shall remain valid, when applicable, throughout project completion. Certificates of insurance are to be addressed to the City of Fayetteville, showing that the contractor carries the following insurance which shall be maintained throughout the term of the bid. Any work sublet; the contractor shall require the subcontractor similarly to provide the same insurance coverage. In case any employee engaged in work on the project is not protected under Workers' Compensation, the Contractor shall provide, and shall cause each subcontractor to provide, adequate employer's liability insurance for the protection of such of his employees as are not otherwise protected. Workers' Compensation: Statutory Amount Comprehensive General & Automotive Liability: $250,000 each person $500,000 aggregate Property Damage Liability: $100,000 aggregate 26. OTHER GENERAL CONDITIONS: Bidder is presumed to be familiar with all federal, state, and city laws, ordinances, and regulations which in any manner affect those engaged or employed in the Work, or the materials or equipment used, or that in any way affect the Work and shall in all respects comply with said laws, ordinances, and regulations. No claim of misunderstanding or ignorance on the part of Bidder or Proposer will in any way serve to modify the provisions of the contract. No representations shall be binding unless embodied in the contract. b. Prices shall include all labor, materials, overhead, profit, insurance, shipping, freight, etc., to cover the products and services presented. Sales taxshOnotbeinc/udedinthebidprice. Applicable Arkansas sales tax laws will apply when necessary but will not be considered in award of this project. c. Each bidder should state the anticipated number of days from the date of receipt of an order for delivery of services to the City of Fayetteville. d. Bidders must provide the City with their bids signed by an employee having legs: authority to submit City of Fayetteville, AR Bid 23-49, Gregg Sewer Lift Station Pump Page 11 of 18 Page 229 of 560 bids on behalf of the bidder. The entire cost of preparing and providing responses shall be borne by the bidder. e. The City reserves the right to request any additional information it deems necessary from any or all bidders after the submission deadline. f. The request for bid is not to be construed as an offer, a contract, or a commitment of any kind; nor does it commit the city to pay for any costs incurred by bidder in preparation. It shall be clearly understood that any costs incurred by the Bidder in responding to this solicitation is at the bidder's own risk and expense as a cost of doing business. The City of Fayetteville shall not be liable for reimbursement to the Bidder for any expense so incurred, regardless of whether or not the submittal is accepted. g. If products, components, or services other than those described in this bid document are proposed, the bidder must include complete descriptive literature for each. All requests for additional information must be received within five working days following the request. h. NOTE: Any uncertainties shall be brought to the attention to Kenny Fitch immediately via telephone (479.575.8258) or e-mail (kfitch@fayetteville ar.gov). It is the intent and goal of the City of Fayetteville Purchasing Division to provide documents providing a clear and accurate understanding of the scope of work to be completed and/or goods to be provided. We encourage all interested parties to ask questions to enable all bidders to be on equal bidding terms. i. Any inquiries or requests for explanation in regard to the City's requirements should be made promptly to Kenny Fitch, City of Fayetteville, Purchasing Agent via e-mail (kfitch fpyetteville-ar.aov) or telephone (479.575.8258). No oral interpretation or clarifications will be given as to the meaning of any part of this request for proposal. All questions, clarifications, and requests, together with answers, if any, will be provided to all firms via written addendum. Names of firms submitting any questions, clarifications, or requests will not be disclosed until after a contract is in place. Any information provided herein is intended to assist the bidder in the preparation of proposals necessary to proper y respond to this bid. The bid is designed to provide qualified Proposers with sufficient basic information to submit proposals meeting minimum specifications and/or test requirements but is not intended to limit a bid's content or to exclude any relevant or essential data. k. B'dders irrevocably consent that any legal action or proceeding against it under, arising out of or in any manner relating to this Contract shall be prevailed by Arkansas law. Proposer hereby expressly and irrevocably waives any claim or defense in any said action or proceeding based on any alleged lack of jurisdiction or improper venue or any similar basis. I. The successful bidder shall not assign the whole or any part of this Contract or any monies due or to become due hereunder without written consent of City of Fayetteville. In case the successful bidder assigns all or any part of any monies due or to become due under this Contract, the Instrument of assignment shal, contain a clause substantially to the effect that is agreed that the right of the assignee in and to any monies due or to become due to the successful bidder shall be subject to prior liens of all persons, firms, and corporations for services rendered or materials supplied for the performance of the services called for in this contract. m. The successful bidder's attention is directed to the fact that all applicable Federal and State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over the services shall apply to the contract throughout, and they will be deemed to be included in the contract as though written out in full herein. The successful bidder shall keep himself/herself fully informed of all laws, City of Fayetteville, AR Bid 23-49, Gregg Sewer Lift Station Pump Page 12 of 18 Page 230 of 560 ordinances and regulations of the Federal, State, and municipal governments or authorities in any manner affecting those engaged or employed in providing these services or in any way affecting the conduct of the services and of all orders and decrees of bodies or tribunals having any jurisdiction or authority over same. If any discrepancy or inconsistency should be discovered in these Contract Documents or in the specifications herein referred to, in relation to any such law, ordinance, regulation, order or decree, s/he shall herewith report the same in writing to City of Fayetteville. 27. ATTACHMENTS TO BID DOCUMENTS: N/A City of Fayetteville, AR Bid 23-49, Gregg Sewer Lift Station Pump Page 13 of 18 Page 231 of 560 City of Fayetteville Bid 23-49, Gregg Sewer lift Station Pump Technical Specifications ALL BIDDERS SHALL COMPLETE THIS "TECHNICAL SPECIFICATIONS" SECTION WITH BID. FAILURE TO SUBMIT A RESPONSE ON THIS "TECHNICAL SPECIFICATION" FORM IN A COMPLETED FORMAT CAN RESULT IN BID REJECTION. BIDDING REQUIREMENTS: o NOTICE: THIS SECTION CAN BE COMPLETED ON THE FOLLOWING MANNER: When given a specification option containing a blank (example a.�, bidder shall write a "check mark" or write "yes" indicating yes if the accompanied specification is met. In the event a specification cannot be met, bidder shall indicate so by writing in "no" and writing on the City's bid forms how the specification is not met or how the unit(s) bid differ from what has been specified. Leaving item blank shall indicate bidder does not meet the listed specification andcanresultin bidder DISQUALIFICATION. o Bidders shall NOT -supply warranty papers for the City to interpret whether a warranty specification is met or not. 1. GENERAL- 1.1 This bid is for the purchase of one (1) submersible sewage pump capable of being submersed up to 65 feet above the inlet pipe level. 1.2 All unit(s) bid shall meet or exceed the minimum requirements, or they will be deemed incomplete and will not be considered for bid award. 1.3 All specifications written are to minimums, unless otherwise noted. 1.4 Submittal data shall be provided to show compliance with these specifications, plans or other specifications that will influence the proper operation of the pump(s). Lack of requested submittal data may be cause for rejection. 1.5 Standard submittal data for approval must consist of: a. ✓ Pump Performance Curves b. ✓ Pump Outline Drawing c._Electrical Motor Data d.Typical Installation Guides e.Technical Manuals and Parts List f.' Printed Warranty 2. REFERENCES- 2.1 American Society for testing and material (ASTM) International a. ✓ A 48: Standard Specification for Gray Iron Castings. b. ✓ A 743: Standard Specification Iron -Chromium Nickel, Corrosion Resistance 2.2 American National Standards Institute (ANSI): a. ✓ B 16.1: Standard for Cast Iron Pipe Flanges and Flanged Fittings, 125lbs 2.3 Hydraulic Institute: Current Standards a. V% H1 14.6: Hydrodynamic Pumps for Hydraulic Performance Acceptance Tests b. ✓ HI 11.6: Submersible Pump Tests City of Fayetteville, AR Bid 23-49, Gregg Sewer Lift Station Pump Page 14 of 18 Page 232 of 560 3. MANUFACTURER/MODEL- 3.1 The manufacturer shall provide data on alternate equipment manufacturer's experience. Only Manufacturers with 20 or more years of experience that have furnished at least five (5) similar lift stations shall be considered. 3.2 After installation, a pump station start-up shall be performed by the City of Fayetteville's representative(s) under the supervision of the manufacturer's authorized representative(s). Eight (8) hours of field service shall be provided by an authorized, factory trained representative of the pump manufacturer. Services shall include, but not be :imited to, inspection of the completed pump station installation to ensure that it has been performed in accordance with the manufacturer's instructions and recommendations, supervision of all field-testing and activation of the pump manufacturers warranty. The test shall demonstrate to the satisfaction of the City that the equipment meets all specified performance criteria, is properly installed and anchored, and operates smoothly without exceeding the full load amperage rating of the motor. 3.3 A performance chart shall be provided upon request showing curves for torque, current, power factor, input/output HP and efficiency. This chart shall also include data on starting and no-load characteristics. 3.4 Each pump shall be fitted with 40 feet of stainless -steel lifting chain or I'fting cable. The working load of the Ifting system shall be SO% greater than the pump unit weight. 3.5 The pump shall be equipped w th an automatically operating flush valve mounted directly to the pump volute. During the starting the valve shall redirect a port -,on of the pumped media into the sump to re -suspend solids and grease by the turbulent action of its discharge. The valve shall be equipped with an adjustable, wear -resistant discharge nozzle that can be used to direct flow within the sump. The valve shall operate by differential pressure across the valve and shall not require any electric or pneumatic power source to operate. The valve shall be suitable for use in Class I, Division 1 hazardous locations. The valve shall open at the beginning of each pumping cycle and shall automatically close during the pump operation after a pre-set time. A method of adjusting the valve operating time shall be provided. 4. TECHNICAL SPECIFICATIONS — 4.1 Pump: a. ✓ Submersible pump shall be close -coupled and contain a semi open, multi vane, and self- cleaning impeller designed to transport wastewater with fibrous materials (e.g. wet wipes) b. ✓ Pump shall be capable of lifting 4,280gpm at a total dynamic head of 58 feet. c. ✓ The hydraulic efficiency shall not be less than 77% and approved according to HI 11.6:2012 Grade 2B. d.v," The pump shall be capable of operating without any limitation between 50% and 125% of the best efficiency point (B.E.P) of the performance curve. e. ✓ The pump shall be capable of operating in a continuous cond-tion in a liquid with a temperature up to 104°F, even when the motor is not submerged. f. ✓ The pump shall be Explosion approved according to FM CLASS 1. DIV 1 "C" & "D" g. ✓ The pump shaft shall rotate on two bearings. Motor bearings shall be permanent:y grease lubricated and have a nominal L10 lifetime of 50,000 hours. The upper bearing shall be a single deep groove ball bearing. The lower bearing shall be a two -row angular contact bearing to compensate for axial thrust and radial forces. Single row lower bearings are not acceptable. City of Fayetteville, AR Bid 23-49, Gregg Sewer Lift Station Pump Page 15 of 18 Page 233 of 560 4.2 Impeller: a. ✓ The impeller shall be resistant to wear against sand and grit and made of high chromium cast iron (at least 24% chrome). b. ✓ Impellers that have surface hardening (by thermal, coating, etc.) are not acceptable. c. ✓ The impeller blades shall be self-cleaning upon each rotation to keep the impeller blades clear of debris. d. ✓ The clearance between the insert ring and the impeller leading edges shall be adjustable. e. ✓ The impeller shall be mounted on the motor shaft. The use of couplings is not acceptable. 4.3 Motor: a. ✓ Pump shall be equipped with an 85HP submersible electric motor capable of operating on a 460-volt, three phase, 60Hz voltage supply. b.,/The pump motor shall be induction type with a squirrel cage rotor, shell type design, and housed in an air filled, watertight chamber. c. ✓ The motor shall have a maximum speed of 1,185rpm. d. ✓ The required shaft power in the guaranteed duty point shall be less than 82 HP. e. ✓ Motor shall be capable of permanent submersion according to standard IEC 60034 and protection class IP 68. f. ✓ The motor shall be provided with an integral motor cooling system. A stainless -steel cooling jacket shall encircle the stator housing, providing for dissipation of motor heat regardless of the type of pump installation. An impeller, integral to the cooling system and driven by the pump shaft, shall provide the necessary circulation of the cooling liquid through the jacket. The cooling liquid shall pass about the stator housing in the closed loop system in turbulent flow providing for superior heat transfer. The cooling system shall have one fill port and one drain port integral to the cooling jacket. g. ✓ The motor shall be capable of no less than 30 evenly spaced starts per hour and be able to operate throughout the entire pump performance curve from shut-off through run - out. h. ✓ The stator windings shall be insulated with moisture resistant Class H insulation rated for 356°F. i. ✓ The junction chamber containing the terminal board shall be hermetically sealed from the motor by an elastomeric compression seal. j. ✓ Connection between the cable conductors and stator leads shall be made with threaded compression type b`nding posts permanently affixed to a terminal board. k. ✓ The motor and the pump shall be produced by the same manufacturer. I. ✓ The motor shall be protected by one bi-metal thermal switch for thermal control of the stator, one float switch in leakage chamber to monitor leakage, and one float switch in the terminal connection housing to monitor `eakage. 4.4 Connection: a.—ZSealing of the pumping unit to the discharge connection shall be accomplished by a machined metal to metal watertight contact. Sealing of the discharge interface with a diaphragm, O-ring, or profile gasket will not be acceptable. b. ✓It shall be possible to lift and lower the pumps on parallel guide bars and connect them to wet well mounted discharge connection. There shall be no need for personal to enter the wet well when removing or reinstalling the pumps. C.. `The pump housing shall be prepared for the assembling of a sump mixing valve. d. ✓ The outlet flange of the discharge connection shall be 10", drilled according to ANSI City of Fayetteville, AR Bid 23-49, Gregg Sewer Lift Station Pump Page 16 of 18 Page 234 of 560 B16.1 89; tab.5. 4.5 Sealin : a. 7The cable entry shall consist of dual cylindrical elastomer sleeves, flanked by washers, all having a close tolerance fit against the cable and the cable entry. Epoxies, silicones, or other secondary sealing systems shall not be considered acceptable. b. ✓ Each pump shall be provided with a positively driven dual, tandem mechanical shaft seal system consisting of two seal sets, each having an independent spring. The lower primary seal, located between the pump and seal chamber, shall contain one stationary and one positively driven rotating corrosion and abrasion resistant tungsten -carbide ring. The upper secondary seal, located between the seal chamber and the seal inspection chamber, shall be a leakage -free seal. The upper seal shall contain one stationary and one positively driven rotating corrosion and abrasion resistant tungsten -carbide seal ring. The rotating seal ring shall have small back -swept grooves laser inscribed upon its face to act as a pump as it rotates, returning any fluid that should enter the dry motor chamber back into the lubricant chamber. All seal rings shall be individual solid sintered rings. Each seal interface shall be held in place by its own spring system. The seals shall not depend upon direction of rotation for sealing. Mounting of the lower seal on the impeller hub is not acceptable. Shaft seals without positively driven rotating members or conventional double mechanical seals containing either a common single or double spring acting between the upper and lower seal faces are not acceptable. The seal springs shall be isolated from the pumped media to prevent materials from packing around them, limiting their performance. Any leakage passing the sealing shall not pass the bearings. Before it reaches the bearings, the liquid shall create an alarm via the floating leakage sensor. C. ✓ Pump shall be provided with a lubricant chamber for the shaft sealing system. The lubricant chamber shall be designed to prevent overfilling and to provide lubricant expansion capacity. The drain and inspection plug, with positive anti -leak seal shall be easily accessible from the outside. The seal system shall not rely upon the pumped media for lubrication. d. ✓ Seal lubricant shall be non -hazardous. e._�7Where a seal cavity is present in the seal chamber, the area about the exterior of the lower mechanical seal in the cast iron housing shall have cast in an integral concentric spiral groove. This groove shall protect the seals by causing abrasive particulate entering the seal cavity to be forced out away from the seal due to centrifugal action. 4.6 Warranty: a. ✓ Warranty shall begin at the time the pump is installed. b.✓ Pump shall be provided with prorated a 60-month (5 year) warranty against defects in materials and or workmanship. c. ✓ The warranty shall be the latest revision in printed form and previously published as the manufacturer's standard warranty for all similar manufactured units. d. ✓The manufacturer shall guarantee clog -free operation for a period of 12 months from the pump's start-up date. e. ✓ A certificate shall be provided to the City of Fayetteville with the local contact information and effective start-up date. f. ✓ Upon warranty occurrence or clog caused by typical debris found in domestic wastewater, the manufacturer's authorized representative shall remove the pump, City of Fayetteville, AR Bid 23-49, Gregg Sewer Lift Station Pump Page 17 of 18 Page 235 of 560 repair, reinstall, and provide start up on the repaired pump at no cost to the City of Fayetteville. A detailed analysis, including pictures for verification purposes, summarizing corrective action taken shall be submitted to the City of Fayetteville. City of Fayetteville, AR Bid 23-49, Gregg Sewer Lift Station Pump Page 18 of 18 Page 236 of 560 Bid 23-49, Addendum 1 Date: Tuesday, January 16, 2024 To: All Prospective Vendors From: Kenny Fitch — 479-575.8258 — kfitch@fayetteviIle-ar.gov RE: Bid 23-49, Gregg Sewer Lift Station Pump CITY OF _ FAYETTEVI LLE ARKANSAS This addendum is hereby made apart 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 THIS ADDENDUM ON THE DES1GNA TED L OG4 TION ON THE BID FORM • BID EXTENSION: o The deadline for submission on this bid is extended to Tuesday, January 23, 2024 at 3:00pm. • CLARIFICATION: o The vendor shall be responsible for ensuring the pump is adaptable with the existing KSB discharge connection. Existing KSB Pump Model # - KRTK 250-401/606XNG-S. City of Fayetteville, AR Bid 23-49, Addendum 1 Page 111 Telecommunications Device for the Deaf TDD (479) 521 1316 113 West Mountain Fayetteville, AR 72761 Page 237 of 560 JACK TYLER ENGINEERING INCORPORATED Bid 23-49, Gregg Sewer Lift Station Pump ENGINEERED SOLUTIONS FROM PEOPLE WHO CARE 6301 S University Ave., Little Rock, AR 72209 PH: (501) 562.2296 www.jteng.com Page Monday, January 22, 2024 To: City of Fayetteville Subject: 011624MQA Scope of Supply Bid Date: January 18, 2024 Jack Tyler Engineering, Inc. is pleased to offer the following items for your inclusion in the above referenced project. If you would like us to supply any items not listed below, please inform us as soon as possible. Please continue reading below for our detailed scope of supply. We look forward to working with you. Line Item #1 — Submersible Pump Qty Description 1 Flygt NX634 85HP, 460V, 3Ph, 50' Cord, FM 1 Adaption to existing KSB Discharge 1 Mini -CAS II / FUS 120/24 VAC, 1 Socket, 11 Pin, Octal Din Moun 40 Chain, 1/2", Type 316 S.S. 2 Shackle, Screw Pin, 1/2" 1 Freight Item Price: $103,352.77 APPLICABLE TAXES ARE NOT INCLUDED IN QUOTED PRICE DELIVERY.- TBD WEEKS AFTER APPROVED SUBMITTALS Respectfully Submitted, Mariah Qualls Bid Team Coordinator Jack Tyler Engineering, Inc. ENGINEERED SOLUTIONS FROM PEOPLE WHO CARE 6301 S University Ave., Little Rock, AR 72209 PH: (501) 562.2296 www.jteng.com Page JACK TYLER ENGINEERING, INCORPORATED 6301 S. UNIVERSITY AVENUE, LITTLE ROCK, ARKANSAS 72209 (501) 562-2296 • FAX (501) 562-4273 • ARKANSAS WATS 1-800-562-2296 STATEMENT OF TERMS AND CONDITIONS TERMS/PAYMENTS: Our terms of payment are net cash 15 days from date of the invoice subject to Seller's prior credit approval. If the Buyer shall fail to make any payments in accordance with the terms and conditions of sale, the Seller, in addition to its other rights and remedies, but not in limitation thereof, may, at its option, without prior notice, cancel this order as to any undelivered products or defer shipments or deliveries hereunder, or under any other agreement between Buyer and Seller, except upon Seller's receipt of cash before shipment or such security as Seller considers satisfactory. Seller reserves the right to impose an interest charge of 16%on the balance of each invoice not paid on its due date for the period from the due date to the date of receipt of payment by Seller. In the event Buyer's failure to make timely payments to Seller results in Seller incurring additional costs, including but not limited to collection expenses and attorneys' fees, said costs shall be added to the amount due Seller from Buyer. Buyer shall have no right to any discount or retainage and shall not withhold payment as a set-off on Seller's invoice in any amount. Visa, MasterCard, Discover, and American Express credit card purchases are accepted. SHIPMENT: The date of shipment is subject to our receiving your order with complete information at our office, final approval of any prints or drawings as may be required, credit approval, and the acceptance of your order by the company. Freight Charges are not included in the quoted price. EXPIRATION: Quotation expires 30 days from the date of proposal and, in the interim, is subject to change without notice. TAXES: Unless otherwise stated in the proposal, the prices quoted herein are exclusive of all sales, use and similar taxes and, wherever applicable, such taxes will be added to the invoice as separate items. RETURNS/REFUNDS: Items wished to be returned are subject to prior approval and must be accompanied by a Return Merchandise Authorization (RMA). Items returned without proper approval and/or paperwork will be returned to the customer at their expense. Returns past 30 days of initial receipt will not be accepted. All returned items are subject to a restocking fee. The customer's credit will be equal to the credit Jack Tyler Engineering, Inc. receives from the vendor, minus orginal freight and freight back to the vendor. Please note that all items must be returned to JTEI, who will return the item to the vendor. Credit will only be issued once JTEI receives credit from the vendor. SPECIAL NOTE: THIS PROPOSAL IS BASED ON CURRENT PRICES. EQUIPMENT IS SUBJECT TO THE SAME PERCENTAGE INCREASE AS MADE BY OUR SUPPLIERS AND THE INVOICE WILL REFLECT PRICE IN EFFECT AT TIME OF SHIPMENT UNLESS SPECIFICALLY EXCEPTED. WE WILL NOT ACCEPT RETAINAGE ON ANY OF OUR INVOICES! ***** A $50.00 minimum order charge will apply ***** WARRANTY: "The products sold by Jack Tyler Engineering, Inc. hereunder are manufactured by others, and the only warranties that apply to these products are those of the manufacturer of the products which can be passed on by Jack Tyler Engineering, Inc. to its customers. No other warranty of any kind is given in connection with the sale of any of the above products, and JACK TYLER ENGINEERING, INC. MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR AS TO ANY OTHER MATTER RESPECTING THESE PRODUCTS. Jack Tyler Engineering, Inc. shall not be liable in connection with the sale of the above products for any incidental or consequential damages of any kind." An electronic copy of the latest version is available online at www.jteng.com. Form No. 41-1 Rev. 07 - 07/12/19 Page 240 of 560 NX 3301 MT 3— 634 Patented self cleaning semi -open channel impeller, ideal for pumping in wastewater applications. Modular based design with high a da pta tion g ra de. Technical specification Configuration Motor number N3301.095 35-29-6AA-W 85hp Impeller diameter 404 mm Pump information Impeller diameter 404 mm Discharge diameter 10 inch Inlet diameter 250 mm Maximum operating speed 1185 rpm Number of blades 2 Max. fluid temperature 40 T Project Xylect-21401388 Block Installation type X - Optional installation, Wet or Dry Discharge diameter 10 inch FLYGT a xylem brand Curves according to: Water, pure Water, pure [100%],39.2 °F,62.42 Ib/ft3,1.6891E-5 Ift 40 35 30 Head 25 20 1 1C 05 00 9 9 8 8 75 7 6 6 5 5 4 4 35 3 2 2 15 1 5 0 0 1000 2000 3000 4000 5000 6000 [US g.p.m.] Curve: ISO 9906 Nominal (mean) data shown. Under- and over -performance from this data should be expected due to standard manufacturing tolerances. Please consult your local Flygt representative for performance guarantees. Material Impeller Ha rd-I ron' Created by ScottJones Created on 11/7/2023 last update 11/7/2023 Prog—ersion Datversion Usergr p(s) 89.0- 51152023(a111r133) 11/ OM 9:17 A11 P11 Xylem: USA -FM Page 241 of 560 NX 3301 MT 3— 634 Technical specification Motor - General Motor number Phases Rated speed Rated power N3301.095 35-29-6AA-W 3— 1185 rpm 85 hp 85hp ATEX approved Number of poles Rated current Statorvariant FM 6 109 A 1 Frequency Rated voltage Insulation class Type of Duty 60 Hz 460 V H S1 Version code 095 Motor - Technical Power factor - 1/1 Load 0.80 Power facto r - 3/4 Load 0.75 Power factor - 1/2 Load 0.64 FLYGT a xylem brand Motor efficiency - 1/1 Load Total moment of inertia Starts per hour max. 91.3 % 30.2 lb ft2 30 Motor efficiency -3/4Load Starting current, direct starting 91.7 % 685 A Motor efficiency -1/2Load Starting current, star -delta 90.9 % 228 A Project Xylect-21401388 Created by ScottJones Block Created on 11/7/2023 Last update 11/7/2023 Prog—ersion Datm.bn Userg—p(s) 89.0- 51152023(alllr133) 11/ OM 9:17 A11 P11 Xylem: USA-IXT Page 242 of 560 NX 3301 MT 3— 634 Performance curve IF Duty point a xylem brand Flow Head 3220 US g. p.m. 75.6 ft Curves according to: Water, pureWater, pure [100%],39.2 °F,62.42 Ib/ft3,1.6891E-5 ft2/s Al Head 140 _.......... 135 '.......... 130 125 _..._.. 120 :: 11 11C _....... 105 - 100 '.............. 95 '... 90 85 _.......... 80 _.... Eff. 75 - --- 82.47 75.6 ft 65 60 55 50 45 40 35 30 25 34 404mm 20 15 10 5 0 [/.] Efficiency 82.3 70 Cperall Efficiency 75.1 % 60 50- 44 44 34 3344 484mm 40 30 20 10 0 [90 Power input Pl - 404mm (11) 80 Shaft power P2 81.9 h 70 14.7 h 60 50 40 30 20 _..._..._.... 10 0 A NPSHR-values 34404mm 40 36 32 _..._ 28 _..... _..._ _.._. 24 '...._.. _.............. 20 ... _. _ _..._..._.... 17.8 ft 3220 US g..rn 12 0 500 1000 1100 2000 2500 3.0 3100 4.0 4500 5.0 5500 6000 6500 [US g.p.m.] Nominal (mean) data shown. Under -and over -performance from this data should be expected due to standard manufacturing tolerances. Please consult your local Rygt representative for performance guarantees. Curve: ISO 9906 Xylect-21401388 Scott Jones Created on 11/7/2023 Last update 11/7/2023 Prog—ersion Datversion Userg—p(s) 89.0- 51152023(a111r133) 11/ OM 9:17 A11 P11 Xylem: USA -DR Page 243 of 560 NX 3301 MT 3- 634 Duty Analysis 3F a xylem brand Curves according to: Water, pure [100%] ; 39.2°F; 62.42lb/ft3; 1.6891E-5ft2/s [ft] Head 140 135 130 125 120 11 11 105 100 95 90 85 80 Eff. 75.6 ft 75 ° 70 65 82.4°0 60 55 50 L2.4° 45 g82.4 40 35 ° 30 25 20 5 0 15 10 0 5 g.p.m. 3220 US 0 1 0 500 1000 1500 2000 2500 3000 3500 4000 4500 5000 5500 6000 6500[US g.p.m] Norrnal (mean) data sham. Under- and mver-performance from this data should be expected due to standard manufacturing tolerances. Please consult }our local Flygt representative for performance guarantees. Operating characteristics Pumps / Flow Head Shaft power Flow Head Shaft power Hydr.eff. Spec Energy NPSHre Systems USQ.P.M. ft hp US q.p.m. ft hp kWh/US MG ft 1 3220 75.6 74.7 3220 75.6 74.7 82.3 % 316 17.8 Project Created by Scott Jones Block Xylect-21401388 Created on 11/7/2023 Last update 11/7/2023 Programversion C.la—.ion Userg—p(s) 89.0- 51152023(EWIk133) 11/ OM 9:17 A11 PI Xylem: USA- IXT Page 244 of 560 NX 3301 MT 3- 634 VFD Curve 3F a xylem brand Curves according to: Water, pure,39.2 °F,62.42 Ib/ft3,1.6891E-5 ft2/s [ft] a 140 135 130 125 120 115 110 105 100 95 90 85 80 75 ° 70 65 60 ° 55 50 ° 45 40 35 30 25 20 15 50 10 5 0 ficiency [%] 70 erall Effi ' 60 50 40 30 20 10 [hpq 80 ger1 40 -634 404mm 4 mm 60 �8 VZZ 40 20� 0 IN NPSHR value 34 404mm 40 35 5 30 25 20 15 10 0 500 1000 1500 2000 2500 3000 3500 4000 4500 5000 5500 6000 6500[US g.p.m.] Nominal (mean) data shown. Under- and over -performance from this data should be elyected due to standard manufacturing tolerances. Curve: ISO 9906 Please consult your local Flygt representative for performance guarantees. Project Xylect-21401388 Created by Scott Jones Block Created on 11/7/2023 Last update 11/7/2023 Programversion D.la—.ion Userg—p(s) 89.0- 51152023(alllr133) 11/320239:17 Al P11 Xylem: USA -Xr Page 245 of 560 NX 3301 MT 3- 634 VFD Analysis FLYGT a xylem brand Curves accordin to: Water, pure [100%]; 39.2°F; 62.42lb/ft3; 1.6891E-5ft2/s [ft] Specific energy 140 [kWh/US MG] 135 130 125 120 316 kWh/US MG 115 110 105 100 95 90 85 80 f. 75 OZA ft 75.6 70 191 kWh/US MG 65 82 00 60 55 50 82. °o 45 40 2.4° 35 82.4 0 30 25 55 20 50 HE 15 40 Hz 10 5 1490.8 US g.p.m 40 Hz ] 3220 US g.p.m 0 .... 0 500 1000 1500 2000 2500 3000 3500 4000 4500 5000 5500 6000 6500[US g.p.m.] Nominal (mean) data shown. Under -and over -performance from this data should Please consult your local Flygt representative for performance guarantees. Operating Characteristics be expected due to standard manufacturing tolerances. Pumps/ Frequency Flow Head Shaft power Flow Head Shaft power Hydr.eff. Specific energy NPSHre Systems USgp.m ft hp USg.p.m ft hp ktMt(USMG it 1 60 Hz 3220 75.6 74.7 3220 75.6 74.7 82.3 % 316 17.8 1 55 Hz 2830 65.2 56.7 2830 65.2 56.7 82.3 % 272 15.4 1 50 Hz 2420 55.8 41.7 2420 55.8 41.7 82 % 236 13.2 1 45 Hz 1980 47.3 29.4 1980 47.3 29.4 80.6 % 207 11.2 Project Xylect-21401388 Created by Scott Jones Block Created on 11/7/2023 Last update 11/7/2023 Prog-ersion Datversbo Usergroup(s) 89.0- 51152023(alllr133) W320239:17MV11 Xylem:US4-D7 Page 246 of 560 NX 3301 MT 3- 634 VFD Analysis FLYGT a xylem brand Curves accordin to: Water, pure [100%]; 39.2°F; 62.42lb/ft3; 1.6891E-5ft2/s [ft] Specific energy 140 [kWh/US MG] 135 130 125 120 316 kWh/US MG 115 110 105 100 95 90 85 80 f. 75 OZA ft 75.6 70 191 kWh/US MG 65 82 00 60 55 50 82. °o 45 40 2.4° 35 82.4 0 30 25 55 20 50 HE 15 40 Hz 10 5 1490.8 US g.p.m 40 Hz ] 3220 US g.p.m 0 .... 0 500 1000 1500 2000 2500 3000 3500 4000 4500 5000 5500 6000 6500[US g.p.m.] Nominal (mean) data shown. Under -and over -performance from this data should be expected due to Please consult your local Flygt representative for performance guarantees. Operating Characteristics standard manufacturing tolerances. Pumps/ Frequency Flow Head Shaft power Systems USgp.m ft hp Flow Head USg.p.m ft Shaft power Hydr.eff. Specific energy NPSHre hp kWh/US MG it 1 40 Hz 1490 39.8 19.6 1490 39.8 19.6 76.6 % 191 9.42 Project Xylect-21401388 Created by Scott Jones Block Created on 11/7/2023 Last update 11/7/2023 Prog—ersion Datversbo Userg—p(s) 89.0- 51152023(alllr133) 11 r320239:17MV11 Xylem:US4-EX7 Page 247 of 560 NX 3301 MT 3— 634 Dimensional drawing FLYGT a xylem brand Project Xylect-21401388 Created by ScottJones Block Created on 11/7/2023 Last update 11/7/2023 Programversion D.la—.ion Usergroup(s) WO- 51152023(alllr133) 11/ OM 9:17 A11 PI Xylem: USA-e{T Page 248 of 560 CITY OF FAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 13, 2024 TO: Mayor Jordan and City Council CITY COUNCIL MEMO THRU: Susan Norton, Chief of Staff FROM: Tim Nyander, Utilities Director SUBJECT: Bid 23-50 Jack Tyler Engineering — Noland Pond Return Pump RECOMMENDATION: 2024-1719 Staff recommends awarding Bid 23-50 and authorizing the purchase of a submersible pump for the effluent pond at the Noland Water Resource Recovery Facility from Jack Tyler Engineering, Inc. in the amount of $70,807.87 plus applicable taxes and freight charges. BACKGROUND: The Noland Water Resource Recovery Facility (WRRF) has three (3) total effluent pond return pumps. The pond return pumps send effluent back to the headworks of the plant to be treated. One of the pumps failed recently and is beyond repair. The cost to repair the pump would be very high due to its age. DISCUSSION: The City solicited formal bids for this replacement pump per Bid 23-50, and Jack Tyler Engineering was the only bidder that met all the specifications and requirements. Staff recommends awarding Bid 23-50 and authorizing the purchase of a submersible pump for the Noland effluent pond from Jack Tyler Engineering, Inc. in the amount of $70,807.87 plus applicable taxes and freight charges. This purchase will replace the failed pump and will restore the pumping capacity for the effluent pond at Noland WRRF. Freight is estimated at $1,000.00, and taxes are estimated at $7,001.30 for a total estimated cost of $78,809.14. BUDGET/STAFF IMPACT: Funds are available in the WWTP Plant Pumps and Equipment account within the Water & Sewer fund. ATTACHMENTS: SRF (#3), Bid 23-50, Bid Tab - Signed (#4), Bid 23-50, Submittal - Jack Tyler Engineering - E (#5) Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 249 of 560 == City of Fayetteville, Arkansas Y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2024-1719 Bid 23-50 Jack Tyler Engineering — Noland Pond Return Pump A RESOLUTION TO AWARD BID #23-50 AND AUTHORIZE THE PURCHASE OF A SUBMERSIBLE PUMP FROM JACK TYLER ENGINEERING, INC. IN THE AMOUNT OF $70,807.87 PLUS ANY APPLICABLE TAXES AND FREIGHT CHARGES FOR USE IN THE EFFLUENT POND AT THE NOLAND WATER RESOURCE RECOVERY FACILITY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #23-50 and authorizes the purchase of a submersible pump from Jack Tyler Engineering, Inc. in the amount of $70,807.87 plus any applicable taxes and freight charges for use at the effluent pond at the Noland Water Resource Recovery Facility. Page 1 Page 250 of 560 Tim Nyander Submitted By City of Fayetteville Staff Review Form 2024-1719 Item ID 2/20/2024 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 2/1/2024 WASTEWATER TREATMENT (730) Submitted Date Division / Department Action Recommendation: Staff recommends awarding Bid 23-50 and authorizing the purchase of a submersible pump for the effluent pond at the Noland Water Resource Recovery Facility from Jack Tyler Engineering, Inc. in the amount of $70,807.87 plus applicable taxes and freight charges. Budget Impact: 5400.730.5800-5801.00 Water & Sewer Account Number Fund 02069.1 WWTP Plant Pumps and Equipment Project Number Budgeted Item? Yes Does item have a direct cost? Yes Is a Budget Adjustment attached? No Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Project Title $ 1,622,210.00 $ 21,835.86 1,600,374.14 $ 78,809.14 1,521,565.00 V20221130 Purchase Order Number: Change Order Number: Original Contract Number: Previous Ordinance or Resolution # Approval Date: Comments: Freight is estimated at $1,000.00, and taxes are estimated at $7,001.30 for a total estimated cost of $78,809.14. Page 251 of 560 CITY OF FAYETTEVILLE ARKANSAS BID TABULATION Bid 23-50, Noland Pond Return Pump DEADLINE: Thursday, January 18, 2024 at 2:00 PM JACK TYLER ENGINEERING INC Electric Motor Center of Springdale TOTAL $70,807.87 $72,413.55 Line # Description CITY UOM Unit Unit 1 Submersible Pump 1 EA 70 807.87 $72,413.55 Rejected: Met Less of the Specs 112L4 Fitch, Purchasing Agent Page 252 of 560 CITY OF Wo" FAYETTEVILLE ARKANSAS Bid 23-50 JACK TYLER ENGINEERING INC JACK TYLER ENGINEERING INC Supplier Response Event Information Number: Bid 23-50 Title: Noland Pond Return Pump Type: Invitation to Bid Issue Date: 12/24/2023 Deadline: 1/18/2024 02:00 PM (CT) Notes: The City of Fayetteville is seeking bids from qualified vendors to purchase a submersible pump. This bid is for the purchase of equipment only; installation will be the responsibility of the City. Any questions concerning the bidding process should be directed to Kenny Fitch, City of Fayetteville Purchasing Agent, at kfitch@fayetteville- ar.gov or by calling (479) 575-8258. Contact Information Contact: Kenny Fitch Purchasing Agent Address: Purchasing Room 306 City Hall 113 West Mountain Street - Room 306 Fayetteville, AR 72701 Email: kfitch@fayetteville-ar.gov Page 1 of 3 pages Vendor: JACK TYLER ENGINEERING INC Bid 23-50 Page 253 of 560 JACK TYLER ENGINEERING INC Information Address: 6301 S. University LITTLE ROCK, AR 72209 Phone: (501) 562-2296 Fax: (501) 562-4273 Toll Free: (800) 562-2296 Web Address: jteng.com By submitting your response, you certify that you are authorized to represent and bind your company. Mariah Qualls mqualls@jteng.com Signature Email Submitted at 1/1712024 04:12:09 PM (CT) Supplier Note Technical Specifications section 3.5 (b) we do not meet this spec. Our upper bearing is a single deep groove ball bearing. Requested Attachments Bid 23-50, Bid Form and Signature Pages Submitted bid.pdf Please attach your signed, completed form. This can be found in the 'Attachments' tab. Response Attachments 011624MQA Scope of Supply.pdf Scope of Supply Bid Attributes 1 Check Yes or No: Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently boycott Israel and will not boycott Israel during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing. ❑✓ Yes ❑ No 2 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. 10 Yes ❑ No Page 2 of 3 pages Vendor: JACK TYLER ENGINEERING INC Bid 23-50 Page 254 of 560 3 Addendum Acknowledgement: By selecting "I agree", you acknowledge that you have read and understand any addendums that have been issued for this bid. 2 1 agree Bid Lines 11 Submersible Pump Quantity: 1 UOM: EA Supplier Notes: Price: 1 $70,807.87 i Total: 1 $70,807.87 Technical Specifications section 3.5 (b) we do not meet this spec. Our upper bearing is a single deep groove ball bearing. Response Total: $70,807.87 Page 3 of 3 pages Vendor: JACK TYLER ENGINEERING INC Bid 23-50 Page 255 of 560 CITY OF FAYETTEVILLE ARKANSAS City of Fayetteville, Arkansas Purchasing Division — Room 306 113 W. Mountain Fayetteville, AR 72701 Phone: 479.575.8256 TDD (Telecom mun cation Device for the Deaf): 479.521.1316 INVITATION TO BID: Bid 23-50, Noland Pond Return Pump DEADLINE: Thursday, January 18, 2024 before 2:00 PM, Local Time PURCHASING AGENT: Kenny Fitch, kfitch@fayetteviIle-ar.gov DATE OF ISSUE AND ADVERTISEMENT: 12/24/2023 INVITATION TO BID Bid 23-50 Noland Pond Return Pump No late bids will be accepted. Bids shall be submitted in one of the following methods: (1) through the City's third -party electronic bidding platform, or (2) delivering in person via sealed envelope to the City of Fayetteville Purchasing Division. Submitting through the City's electronic bidding platform is strongly encouraged. City of Fayetteville Purchasing Division — Room 306 113 West Mountain Street Fayetteville, AR 72701 All bids shall be submitted in accordance with the attached City of Fayetteville specifications and bid documents attached hereto. Each bidder is required to fill in every blank and shall supply all information requested; failure to do so may be used as basis of rejection. The undersigned hereby offers to furnish & deliver the articles or services as specified, at the prices & terms stated herein, and in strict accordance with the specifications and general conditions of bidding, all of which are made a part of this offer. This offer is not subject to withdrawal unless upon mutual written agreement by the Proposer/Bidder and City Purchasing Division. City of Fayetteville, AR Bid 23 50, Noland Pond Return Pump Page 1 of 18 Page 256 of 560 City of Fayetteville Bid 23-50, Noland Pond Return Pump Advertisement City of Fayetteville, Arkansas INVITATION TO BID Bid 23-49, Gregg Sewer Lift Station Pump Bid 23-50, Noland Pond Return Pump Bid 23-51, Noland Aeration RAS Pump The City of Fayetteville is seeking three (3) separate bids from qualified vendors to purchase a total of three (3) submersible pumps. These bids are for the purchase of equipment only; installation will be the responsibility of the City. Any questions concerning the bidding process should be directed to Kenny Fitch, City of Fayetteville Purchasing Agent, at kfitch @fayetteviile-ar. ov or by calling (479) 575-8258. Bidding documents and addenda shall be obtained at the City of Fayetteville Purchasing Division's electronic bidding platform at www.favetteville•ar.gov,(bids. All bids shall be received by Thursday, January 18 2023 before 2:00 PM Local T+me utilizing the electronic bidding software or by submitting a sealed physical bid to the City of Fayetteville, Purchasing Division address listed below. All bids are due before the time stated. 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/city offayettevillear. No late bids shall be accepted. The City of Fayetteville shall not be responsible for lost or misdirected bids, or for failure of proposer's technical equipment. City of Fayetteville Purchasing Division — Room 306 113 West Mountain Street Fayetteville, AR 72701 Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified smal', minority and women business enterprises to bid on and receive contracts for goods, serv;ces, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. Any bidder providing a service shall be registered with the Arkansas Secretary of State. The City of Fayetteville reserves the right to waive irregularities, to reject bids, and to postpone the award of the Contract for a period of time which shall not exceed beyond ninety calendar days from the bid opening date. City of Fayetteville By: Kenny Fitch, Purchasing Agent P: 479.575.8258 kfitch fayetteville-ar.gov TDD (Telecommunications Device for the Deaf): (479) 521-1316 Date of advertisement: 12/24/2023 This publication was paid for by the Purchasing Division of the City of Fayetteville, Arkansas. Amount paid: $185.26 City of Fayetteville, AR Bid 23-50, Noland Pond Return Pump Page 2 of 18 Page 257 of 560 City of Fayetteville Bid 23-50, Noland Pond Return Pump Required Bid Form — Bid Signature & Online Submittal Reqirements EXECUTION OF BID: All bidders shall submit this section, executed and completed in full by an authorized agent of the bidder. Bidders shall also complete submission through the City's online bidding portal (www.fayetteville-ar.gov/bids) and complete and submit all required information, which may include: • RiH Attrihiitac • Bid Line Items — Bidders shall bid on all line items and not submit partial bids • Response Attachments o Required Bid Form (this form, completed in its entirety) Actual specification of any deficient item shall be noted on the bid sheet or separate attachment. If specifications of item bid differ from provided literature, deviation shall be documented and certified by the manufacturer as a regular production option. PRICE: Bidders shall submit pricing on the City's online bidding portal (www.favetteville-ar. ov ids) in the format presented online. Refer to the City's electronic bidding platform to submit bid pricing electronically. Contact the City Purchasing Division to obtain documents necessary to submit a physical sealed bid; however, all bidders are strongly encouraged to submit on the City's online bidding portal. Upon signing this Bid, the bidder certifies that: 1. Bidder has read and agrees to the requirements set forth in this proposal, including specifications, terms, standard conditions, and any pertinent information regarding the articles being bid on. 2. Unless otherwise noted and explained, the unit(s) bid and listed meets or exceeds all of these requirements as specified by The City of Fayetteville. 3. 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. City of Fayetteville, AR Bid 23 50, Noland Pond Return Pump Page 3 of 18 Page 258 of 560 4. The Bidder can and will comply with all specifications and requirements for delivery, documentation and support as specified herein. S. Bidder, as an officer of their organization, or per the attached letter of authorization, is duly authorized to certify the information provided herein is accurate and true. 6. Bidder shall comply with all State and Federal Equal Opportunity and Non -Discrimination requirements and conditions of employment in addition to all federal, state, and local laws. 7. Bidder shall disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. Response shall disclose if a known relationship exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official. If no relationship exists, this should also be stated in your response. Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result of your response. V 1.) NO KNOWN RELATIONSHIP EXISTS 2.) RELATIONSHIP EXISTS (Please explain): 8. Bidder will perform the Work in compliance with all applicable trench safety standards set forth in Occupational Safety and Health Administration (OSHA) Part 1926 — Subpart P — Excavations. 9. As s bidder on this project, you are required to provide debarment/suspension certification indicating that you are in compliance with the below Federal Executive Order. Certification can be done by completing and signing this form. a. Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving individual awards, using federal funds, and all sub -recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. b. Your signature below certifies that neither you nor your principal is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. City of Fayetteville, AR Bid 23 50, Noland Pond Return Pump Page 4 of 18 Page 259 of 560 Unsigned bids will be rejected. Items marked * are mandatory for consideration. *NAME OF FIRM: t lack t maVl,-.►- 1�) 'iVI"VI Vl rA . 1_ *D/B/A or Corporation Name yments Aall be issued to this name a I ne-e.Y-l`01A *BUSINESS ADDRESS:Lo nn *CITY: L\- "+y OGK *STATE: I *ZIP: 12ZQ!�J *PHONE: -�. ,-'u �Z" I Le FAX: *E-MAIL: *BY: (PRINTED NAME) I v *AUTHORIZED SIGNATURE: U J J(�J VU4 _ _ *TITLE: 1 UNIQUE ENTITY NUMBER: 2 r CAGE NUMBER: *TAX ID NUMBER: Acknow edge Addendums: Addendum No. Dated: Acknowledged by: Addendum No. Dated: Acknowledged by: Addendum No. Dated: Acknowledged by: Addendum No. Dated: Acknowledged by: City of Fayetteville, AR Bid 23-50, Noland Pond Return Pump Page S of 18 Page 260 of 560 City of Fayetteville Bid 23-50, Noland Pond Return Pump General Terms and Conditions 1. SUBMISSION OF BID & BID EVALUATION: a. Bids shall be reviewed following the stated deadline, as shown on the cover sheet of this document. b. Bidders shall submit bids based on documentation published by the Fayetteville Purchasing Division. c. Bidding documents and addenda shall be obtained at the City of Fayetteville Purchasing Division's electronic bidding platform at www.fayetteville-ar.gov-bids. All bids shall be received by the deadline, utilizing the electronic bidding software or as stated in the bid advertisement. 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/userjcityoffayettevillear. No late bids shall be accepted. The City of Fayetteville shall not be responsible for lost or misdirected bids, or for failure of proposer's technical equipment. d. The City will not be responsib e for misdirected bids. Bidder should call the Purchasing Office at 479.575.8256 to ensure correct receipt of bidding documents prior to opening time and date listed on the bid form. e. Bidders shall have experience in providing products and/or services of the same or simi ar nature. f. Bidder is advised that exceptions to any of the terms contained in this bid must be identified in its response to the bid. Failure to do so may lead the City to declare any such term non- negotiab'e. Proposer's desire to take exception to a non-negotiable term will not disqualify it from consideration for award. g. Local time is defined as the time in Fayettev;lle, Arkansas on the due date of the deadline. Bids shall be received before the time as shown by the atomic clock located in the Purchasing Division Office. h. Bids will be evaluated and awarded based on the best interest of the City of Fayetteville. The City reserves the right to award bids in their entirety, none, or by line item. 2. WRITTEN REQUESTS FOR INTERPRETATIONS OR CLARIFICATION: No oral interpretations will be made to any firms as to the meaning of specifications or any other contract documents. All questions pertaining to the terms and conditions or scope of work of this bid must be sent in writ;ng via e-mail to the Purchasing Agent. Responses to questions may be handled as an addendum if the response would provide clarification to the requirements of the bid. All such addenda shall become part of the contract documents. The City will not be responsible for any other explanation or interpretation of the proposed bid made or given prior to the award of the contract. 3. DESCRIPTION OF SUPPLIES AND SERVICES: Any reference to a particular brand or manufacturer is done in an effort to establish an acceptable level of quality for this project. Brands or manufacturers that are included in bid that are of at least equal quality, City of Fayetteville, AR Bid 23-50, Noland Pond Return Pump Page 6 of 18 Page 261 of 560 size, design, and specification as to what has been specified, will be acceptable for consideration only if approved by the City of Fayetteville Purchasing Division. The City of Fayetteville reserves the right to accept or reject any requested equal. 4. RIGHTS OF CITY OF FAYETTEVILLE BID PROCESS: In addition to all other rights of the City of Fayetteville, under state law, the City specifically reserves the following: a. The City of Fayetteville reserves the right to select the bid that it believes will serve the best interest of the City. b. The City of Fayetteville reserves the right to accept or reject any or all bids. c. The City of Fayetteville reserves the right to cancel the entire bid. d. The City of Fayetteville reserves the right to remedy or waive technical or immaterial errors in the invitation to bid or in bids submitted. e. The City of Fayetteville reserves the right to request any necessary clarifications, additional information, or data without changing the terms of the bid. 5. COSTS INCURRED BY BIDDERS: All expenses involved with the preparation and submission of bids to the City, or any work performed in connection therewith, shall be borne solely by the bidder(s). No payment will be made for any responses received, or for any other effort required of, or made by, the bidder(s) prior to contract commencement. 6. CONFLICT OF INTEREST: a. The bidder represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance or services required hereunder, as provided in City of Fayetteville Code Section 34.26 titled "Authority of City Employee to Contract with the City'. b. All bidders shall promptly notify Kenny Fitch, City Purchasing Agent, in writing, of all potential conflicts of interest for any prospective business association, interest, or other circumstance which may influence or appear to influence the bidder's judgment or quality of services being provided. Such written notification shall identify the prospective business association, interest or circumstance, the nature of which the bidder may undertake and request an opinion to the City as to whether the association, interest or circumstance would, in the opinion of the City, constitute a conflict of interest if entered into by the bidder. The City agrees to communicate with the bidder its opinion via e-mail or first-class mail within thirty days of receipt of notification. 7. WITHDRAWL OF PROPOSAL: A bid may be withdrawn prior to the time set for the bid submittal, based on a written request from an authorized representative of the firm; however, a bid shall not be withdrawn after the time set for the b'd unless approved by the Purchasing Division. 8. LATE PROPOSAL OR MODIFICATIONS: Bid modifications received after the time set for the bid submittal shall not be considered. Modifications in writing received prior to the deadline w'll be accepted. The City will not be responsible for misdirected bids. Bidders should call the Purchasing Division at (479) 575-8256 to ensure receipt of their submittal documents prior to opening time and date listed. City o° "Fayetteville, AR Bid 23-50, Noland Pond Return Pump Page 7of18 Page 262 of 560 9. LOCAL, STATE, AND FEDERAL COMPLIANCE REQUIREMENTS: a. The laws of the State of Arkansas apply to any purchase made under this bid. Bidders shall comply with all local, state, and federal directives, orders and laws as applicable to this proposal and subsequent contract(s) including but not limited to Equal Employment Opportunity (EEO), Disadvantaged Business Enterprises (DBE), & OSHA as applicable to this contract. b. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. 10. PROVISION FOR OTHER AGENCIES: Unless otherwise stipulated by the bidder, the bidder agrees to make available to all Government agencies, departments, municipalities, and counties, the proposal prices submitted in accordance with said proposal terms and conditions therein, should any said governmental entity desire to buy under this proposal. Eligible Users shall mean all state of Arkansas agencies, the legislative and judicial branches, political subdivisions (counties, local district school boards, community colleges, municipalities, counties, or other public agencies or authorities), which may desire to purchase under the terms and conditions of the contract. 11. COLLUSION: The Proposer, by affixing his or her signature to this proposal, agrees to the following: "bidder certifies that his or her bid is made without previous understanding, agreement, or connection with any person, firm or corporation making a proposal for the same item(s) and/or services and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action." 12. RIGHT TO AUDIT, FOIA, AND JURISDICITQN: a. The City of Fayetteville reserves the privilege of auditing a vendor's records as such records relate to purchases between the City and said vendor. Freedom of Information Act: City contracts and documents prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the (Contractor) will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. c. Legal jurisdiction to resolve any disputes shall be in Washington County, Arkansas with Arkansas law applying to the case. 13. CITY INDEMNIFICATION: The successful bidder(s) agrees to indemnify the City and hold it harmless from and against all claims, liability, loss, damage or expense, including but not limited to counsel fees, arising from or by reason of any actual or claimed trademark, patent or copyright infringement or litigation based thereon, with respect to the goods or any part thereof covered by this order, and such obligation shall survive acceptance of the goods and payment thereof by the City. City of Fayetteville, AR Bid 23-50, Noland Pond Return Pump Page 8 of 18 Page 263 of 560 14. VARIANCE FROM STANDARD TERMS & CONDITIONS: All standard terms and conditions stated in this request for bid apply to this contract except as specifically stated in the subsequent sections of this document, which take precedence, and should be fully understood by bidders prior to submitting a proposal on this requirement. 15. ADA REQUIREMENT FOR PUBLIC NOTICES & TRANSLATION: Persons with disabilities requiring reasonable accommodation to participate in this proceeding/event, should call 479.521.1316 (telecommunications device for the deaf), not later than seven days prior to the deadline. Persons needing translation of this document shall contact the City of Fayetteville, Purchasing Division, immediately. 16. PROCUREMENT POLICY FOR RECYCLED MATERIALS: The City of Fayetteville wishes to encourage its bidders to use recycled products in fulfilling contractual obligations to the City and that such practices will serve as a model for other public entities and private sector companies. 17. PAYMENTS AND INVOICING: The bidder must specify in their bid the exact company name and address which must be the same as invoices submitted for payment as a result of award of this bid. Further, the successful bidder is responsible for immediately notifying the Purchasing Division of any company name change, which would cause invoicing to change from the name used at the time of the original bid. Payment will be made within thirty days of invoice received. The City of Fayetteville :s very credit worthy and will not pay any interest, fees, or penalty for untimely payments. Payments can be processed through bidder's acceptance of Visa at no additional costs to the City for expedited payment processing. The City will not agree to any nonrefundable deposit or retainer that would remain property of the bidder even if the hourly work actually performed by the bidder would not justify such fee. All invoices shall be presented to the City with the minimum information listed below. a. City Department that ordered the materials or services b. Order Date c. Delivery date or the date of services d. Name of the City Employee that requested or picked up the goods, materials, or service e. Bid Number that applies to the purchase and invoices. Amounts in the bid shall match invoicing. 18. CANCELLATION: a. The City reserves the right to cancel this contract without cause by giving thirty (30) days prior notice to the Contractor in writing of the intention to cancel or with cause if at any time the Contractor fails to fulfill or abide by any of the terms or conditions specified. b. Failure of the contractor to comply with any of the provisions of the contract shall be considered a material breach of contract and shall be cause for immediate termination of the contract at the discretion of the City of Fayetteville. c. In addition to all other legal remedies available to the City of Fayetteville, the City reserves the right to cancel and obtain from another source, any items and/or services which have not been City of Fayetteville, AR Bid 23-50, Noland Pond Return Pump Page 9 of 18 Page 264 of 560 delivered within the period of time from the date of order as determined by the City of Fayetteville. d. In the event sufficient budgeted funds are not available for a new fiscal period, the City shall notify the vendor of such occurrence and contract shall terminate of the last day of the current fiscal period without penalty or expense to the City. 19. ASSIGNMENT, SUBCONTRACTING, CORPORATE ACQUISITIONS AND/OR MERGERS: a. The Contractor shall perform this contract. No assignment of subcontracting shall be allowed without prior written consent of the City. If a bidder intends to subcontract a portion of this work, the bidder shall disclose such intent in the bid submitted as a result of this bid. b. In the event of a corporate acquisition and/or merger, the Contractor shall provide written notice to the City within thirty (30) calendar days of Contractor's notice of such action or upon the occurrence of said action, whichever occurs first. The right to terminate this contract, which shall not be unreasonably exercised by the City, shall include, but not be limited to, instances in which a corporate acquisition and/or merger represent a conflict of interest or are contrary to any local, state, or federal laws. Action by the City awarding a proposal to a firm that has disclosed its intent to assign or subcontract in its response to the bid, without exception shall constitute approval for purpose of this Agreement. 20. NON-EXCLUSIVE CONTRACT: Award of this bid shall impose no obligation on the City to utilize the vendor for all work of this type, which may develop during the contract period. This is not an exclusive contract. The City specifically reserves the right to concurrently contract with other companies for similar work if it deems such an action to be in the City's best interest. In the case of multiple -term contracts, this provision shall apply separately to each item. 21. LOBBYING: Lobbying of selection committee members, City of Fayetteville employees, or elected officials regarding request for proposals, request for qualifications, bids or contracts, during the pendency of bid protest, by the bidder/proposer/protestor or any member of the bidder's/proposer's/protestor's staff, and agent of the bidder/proposer/protestor, or any person employed by any legal entity affiliated with or representing an organization that is responding to the request for proposal, request for qualification, bid or contract, or has a pending bid protest is strictly prohibited either upon advertisement or on a date established by the City of Fayetteville and shall be prohibited until either an award is final or the protest is finally resolved by the City of Fayetteville; provided, however, nothing herein shall prohibit a prospective/bidder/proposer from contacting the Purchasing Division to address situations such as clarification and/or questions related to the procurement process. For purposes of this provision lobbying activities shall include but not be limited to, influencing or attempting to influence action or non -action in connection with any request for proposal, request for qualification, bid or contract through direct or indirect oral or written communication or an attempt to obtain goodwill of persons and/or entities specified in this provision. Such actions may cause any request for proposal, request for qualification, bid or contract to be rejected. 22. ADDITIONAL REQUIREMENTS: The City reserves the right to request additional services relating to this bid from the bidder. When approved by the City as an amendment to the contract and authorized in writing prior to work, the Contractor shall provide such additional requirements as may become necessary. City of Fayetteville, AR Bid 23-50, Noland Pond Return Pump Page 10 of 18 Page 265 of 560 23. ADD OR DELETE LOCATIONS OR SERVICES: The City reserves the right to unilaterally add or delete locations and/or services, either collectively or individually, at the City's sole option, at any time after award has been made as may be deemed necessary or in the best interests of the City. In such case, the Contractor(s) will be required to provide services to this contract in accordance with the terms, conditions, and specifications. 24. INTEGRITY OF BID DOCUMENTS: Bidders shall use the original bid form(s) provided by the Purchasing Division and enter information only in the spaces where a response is requested. Bidders may use an attachment as an addendum to the bid form(s) if sufficient space is not available on the original form for the bidder to enter a complete response. Any modifications or alterations to the original documents by the bidder, whether intentional or otherwise, will constitute grounds for rejection of such response. Any such modifications or alterations a bidder wishes to propose shall be clearly stated in the bidder's response and presented in the form of an addendum to the original bid documents. 25. CERTIFICATE OF INSURANCE The successful bidder shall provide a Certificate of Insurance in accordance with specifications listed in this request for proposal, prior to commencement of any work. Such certificate shall list the City of Fayetteville as an additional insured. Insurance shall remain valid, when applicable, throughout project completion. Certificates of insurance are to be addressed to the City of Fayetteville, showing that the contractor carries the following insurance which shall be maintained throughout the term of the bid. Any work sublet; the contractor shall require the subcontractor similarly to provide the same insurance coverage. In case any employee engaged in work on the project is not protected under Workers' Compensation, the Contractor shall provide, and shall cause each subcontractor to provide, adequate employer's liability insurance for the protection of such of his employees as are not otherwise protected. Workers' Compensation: Statutory Amount Comprehensive General & Automotive Liability: $250,000 each person $500,000 aggregate Property Damage Liability: $100,000 aggregate 26. OTHER GENERAL CONDITIONS: Bidder is presumed to be familiar with all federal, state, and city laws, ordinances, and regulations which in any manner affect those engaged or employed in the Work, or the materials or equipment used, or that in any way affect the Work and shall in all respects comply with said laws, ordinances, and regulations. No claim of misunderstanding or ignorance on the part of Bidder or Proposer will in any way serve to modify the provisions of the contract. No representations shall be binding unless embodied in the contract. b. Prices shall include all labor, materials, overhead, profit, insurance, shipping, freight, etc., to cover the products and services presented. Salestaxsha#notbeincludedinthebidprice. Applicable Arkansas sales tax laws will apply when necessary but will not be considered in award of this project. c. Each bidder should state the anticipated number of days from the date of receipt of an order for delivery of services to the City of Fayetteville. d. Bidders must provide the City with their bids signed by an employee having legal authority to submit City of Fayetteville, AR Bid 23-50, Noland Pond Return Pump Page 11of18 Page 266 of 560 bids on behalf of the bidder. The entire cost of preparing and providing responses shall be borne by the bidder. e. The City reserves the right to request any additional information it deems necessary from any or all bidders after the submission deadline. The request for bid is not to be construed as an offer, a contract, or a commitment of any kind; nor does it commit the city to pay for any costs incurred by bidder in preparation. It shall be clearly understood that any costs incurred by the Bidder in responding to this solicitation is at the bidder's own risk and expense as a cost of doing business. The City of Fayetteville shall not be liable for reimbursement to the Bidder for any expense so incurred, regardless of whether or not the submittal is accepted. g. If products, components, or services other than those described in this bid document are proposed, the bidder must include complete descriptive literature for each. All requests for additional information must be received within five working days following the request. h. NOTE: Any uncertainties shall be brought to the attention to Kenny Fitch immediately via telephone (479.575.8258) or e-mail (kfitch,@fayetteville-ar. ov). It is the intent and goal of the City of Fayetteville Purchasing Division to provide documents providing a clear and accurate understanding of the scope of work to be completed and/or goods to be provided. We encourage all interested parties to ask questions to enable all bidders to be on equal bidding terms. Any inquiries or requests for explanation in regard to the City's requirements should be made promptly to Kenny Fitch, City of Fayetteville, Purchasing Agent via e-mail (kf'tch@fayetteville-ar.Aov) or telephone (479.575.8258). No oral interpretation or clarifications will be given as to the meaning of any part of this request for proposal. All questions, clarifications, and requests, together with answers, if any, will be provided to all firms via written addendum. Names of firms submitting any questions, clarifications, or requests will not be disclosed until after a contract is in place. Any information provided herein is intended to assist the bidder in the preparation of proposals necessary to properly respond to this bid. The bid is designed to provide qualified Proposers with sufficient basic information to submit proposals meeting minimum specifications and/or test requirements but is not intended to limit a bid's content or to exclude any relevant or essential data. k. Bidders irrevocably consent that any legal action or proceeding against it under, arising out of or in any manner relating to this Contract shall be prevailed by Arkansas law. Proposer hereby expressly and irrevocably waives any claim or defense in any said action or proceeding based on any alleged lack of jurisdiction or improper venue or any similar basis. The successful bidder shall not assign the whole or any part of this Contract or any monies due or to become due hereunder without written consent of City of Fayetteville. In case the successful bidder assigns all or any part of any monies due or to become due under this Contract, the Instrument of assignment shall contain a clause substantially to the effect that is agreed that the right of the assignee in and to any monies due or to become due to the successful bidder shall be subject to prior liens of all persons, firms, and corporations for services rendered or materials supplied for the performance of the services called for in this contract. m. The successful bidder's attention is directed to the fact that all applicable Federal and State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over the services shall apply to the contract throughout, and they will be deemed to be included in the contract as though written out in full herein. The successful bidder shall keep himself/herself fully informed of all laws, City of Fayetteville, AR Bid 23-50, Noland Pond Return Pump Page 12 of 18 Page 267 of 560 ordinances and regulations of the Federal, State, and municipal governments or authorities in any manner affecting those engaged or employed in providing these services or in any way affecting the conduct of the services and of all orders and decrees of bodies or tribunals having any jurisdiction or authority over same. If any discrepancy or inconsistency should be discovered in these Contract Documents or in the specifications herein referred to, in relation to any such law, ordinance, regulation, order or decree, s/he shall herewith report the same in writing to City of Fayetteville. 27. ATTACHMENTS TO BID DOCUMENTS: N/A City of Fayetteville, AR Bid 23-50, Noland Pond Return Pump Page 13 of 18 Page 268 of 560 City of Fayetteville Bid 23-50, Noland Pond Return Pump Technical Specifications ALL BIDDERS SHALL COMPLETE THIS "TECHNICAL SPECIFICATIONS" SECTION WITH BID. FAILURE TO SUBMIT A RESPONSE ON THIS "TECHNICAL SPECIFICATION" FORM IN A COMPLETED FORMAT CAN RESULT IN BID REJECTION. BIDDING REQUIREMENTS: o NOTICE: THIS SECTION CAN BE COMPLETED ON THE FOLLOWING MANNER: When given a specification option containing a blank (example a.), bidder shall write a "check mark" or write "yes" indicating yes if the accompanied specification is met. In the event a specification cannot be met, bidder shall indicate so by writing in "no" and writing on the City's bid forms how the specification is not met or how the unit(s) bid differ from what has been specified. Leaving item blank shall indicate bidder does not meet the listed specification and can result in bidder DI5QUALIFIC4 TION. o Bidders shall NOT supply warranty papers for the City to interpret whether a warranty specification is met or not. 1. GENERAL- 1.1 This bid is for the purchase of one (1) submersible, non -clog wastewater pump. 1.2 All unit(s) bid shall meet or exceed the minimum requirements, or they will be deemed incomplete and will not be considered for bid award. 1.3 All specifications written are to minimums, unless otherwise noted. 2. MANUFACTURER/MODEL- 2.1 The pump shall be supplied with a discharge mating flange providing a metal -to -metal face seal fit on a FLYGT 12" discharge connection. 2.2 Shut off head shall be a minimum of 50 feet. 2.3 Each pump shall be fitted with 40 feet of stainless -steel lifting chain. The working load of the lifting system shall be SO% greater than the pump unit weight. 2.4 The power cable shall be sized according to NEC and ICEA standards and meet with P-MSHA Approval. 2.5 The pump shall be automatically and firmly connected to the discharge connection, guided by no less than two guide bars extending from the top of the station to the discharge connection. 2.6 There shall be no need for personnel to enter the wet -well. 2.7 Sealing of the pumping unit to the discharge connection shall be accomplished by a machined metal to metal watertight contact. Rectangular cross sectioned gaskets requiring specific torque limits to achieve compression shall not be considered as adequate or equal. No secondary sealing compounds, elliptical 0-rings, grease or other devices shall be used. 2.8 No portion of the pump shall bear directly on the sump floor. 2.9 The pump shall be Explosion approved according to FM CLASS 1. DIV 1 "C" & "D". 3. TECHNICAL SPECIFICATIONS- 3.1 Pump- a.:Z Pump shall be capable of delivering at least 3,690 GPM at 26 Total Dynamic Head. b. ✓ Major pump components shall be of grey cast iron, ASTM A-48, Class 358, with smooth surfaces devoid of blow holes or other irregularities. City of Fayetteville, AR Bid 23-50, Noland Pond Return Pump Page 14 of 18 Page 269 of 560 c.v*" The lifting handle shall be made of stainless steel. d. ✓ All exposed nuts or bolts shall be made of stainless steel. e.All metal surfaces coming into contact with the pumpage, other than stainless steel or brass, shall be protected by a factory applied spray coating of acrylic dispersion zinc phosphate primer with a polyester resin paint finish on the exterior of the pump. fThe pump and motor shaft shall be a single piece unit. The pump shaft is an extension of the motor shaft. Shafts using mechanical couplings shall not be acceptable. g. ✓ The shaft shall be stainless steel — ASTM A479 S43100-T. Shaft sleeves will not be acceptable. 3.2 Motor: a. ✓ Pump shall be equipped with a 35 HP submersible electric motor, connected for operation on 460 volts, 3 phase, 60 hertz, single wire service, with 50 feet of submersible cable (SUBCAB) suitable for submersible pump applications. b. ✓ The pump motor shall be a NEMA B design, induction type with a squirrel cage rotor, shell type design, housed in an air filled, watertight chamber. c. ✓ The motor shall be designed for continuous duty white handling pumped media of up to 104°F (40°C) and shall have a NEMA Class B maximum operating temperature rise of 176-F (80°C). d.v1 The stator windings shall be insulated with moisture resistant Class H insulation rated for 356-F (180°C). e. ✓ The stator shall be insulated by the trickle impregnation method using Class H monomer - free polyester resin resulting in a winding fill factor of at least 95%. f. ✓ The motor shall be inverter duty rated in accordance with NEMA MG1, Part 31. g. ✓ The stator shall be heat -shrink fitted into the cast iron stator housing. The use of multiple step dip and bake -type stator insulation process is not acceptable. The use of pins, bolts, screws or other fastening devices used to locate or hold the stator and that penetrate the stator housing are not acceptable. h. ✓ The motor shall be capable of no less than 30 evenly spaced starts per hour. i. ✓ The rotor bars and short circuit rings shall be made of aluminum. j. ✓ Three thermal switches shall be embedded in the stator end coils, one per phase winding, to monitor the stator temperature. These thermal switches shall be used in conjunction with and supplemental to external motor overload protection and shall be connected to the motor control panel. k. ✓ The junction chamber shall be sealed off from the stator housing and shall contain a terminal board for connection of power and pilot sensor cables using threaded compression type terminals. The use of wire nuts or crimp -type connectors is not acceptable. I. ✓ The motor and the pump shall be produced by the same manufacturer. m. ✓ The motor service factor (combined effect of voltage, frequency and specific gravity) shall be 1.15. The motor shall have a voltage tolerance of+/- 10%. n. A motor performance chart shall be provided upon request exhibiting curves for motor torque, current, power factor, input/output kW and efficiency. The chart shall also include data on motor starting and no-load characteristics. o. ✓ Motor horsepower shall be sufficient so that the pump is non -overloading throughout its entire performance curve, from shut-off to run -out. p. ✓ The motor and cable shall be capable of continuous submergence underwater without City of Fayetteville, AR Bid 23 50, Noland Pond Return Pump Page 15 of 18 Page 270 of 560 loss of watertight integrity to a depth of 65 feet or greater. 3.3 Cooling System: a.Pump shall be provided with an integral motor cooling system. Fans, blowers or auxiliary cooling systems that are mounted external to the pump motor are not acceptable. b. ✓ A stainless -steel motor cooling jacket shall encircle the stator housing, providing for dissipation of motor heat regardless of the type of pump installation. c. ✓ An impeller, integral to the cooling system and driven by the pump shaft, shall provide the necessary circulation of the cooling liquid through the jacket. The cooling liquid shall pass about the stator housing in the closed loop system in turbulent flow providing for superior heat transfer. d. ✓ The cooling system shall have one fill port and one drain port integral to the cooling jacket. e. The cooling system shall provide for continuous pump operation in liquid or ambient temperatures of up to 104'F (40°C.). Operational restrictions at temperatures below 1047 are not acceptable. 3.4 Cable Entry Seal: a. ✓ The cable entry seal design shall preclude specific torque requirements to insure a watertight and submersible seal. Epoxies, silicones, or other secondary sealing systems shall not be considered equal. b. f The cable entry shall consist of dual cylindrical elastomer grommets, flanked by washers, all having a close tolerance fit against the cable outside diameter and the entry inside diameter. c. ✓ The grommets shall be compressed by the cable entry unit, thus providing a strain relief function. d. The assembly shall provide ease of changing the cable when necessary using the same entry seal. e.V The cable entry junction chamber and motor shall be sealed from each other, which shall isolate the stator housing from foreign material gaining access through the pump top. 3.5 Bearings: a. ✓ The integral pump/motor shaft shall rotate on two bearings. b. NO The upper motor bearing shall be a two -row angular contact ball bearing. c. ✓' The lower bearing shall be a two -row angular contact ball bearing to handle the thrust and radial forces. d. The motor bearings shall be sealed and permanently grease lubricated with high temperature grease. e. The minimum L10 bearing life shall be 50,000 hours at any usable portion of the pump curve. 3.6 Mechanical Seals: a. / Pump shall be provided with a positively driven dual, tandem mechanical shaft seal system consisting of two seal sets, each having an independent spring. b. The lower primary seal, located between the pump and seal chamber, shall conta n one stationary and one positively driven rotating corrosion and abrasion resistant tungsten carbide ring. c. ✓ The upper secondary seal, located between the seal chamber and the seal inspection chamber shall be a leakage -free seal. d. ✓ The upper seal shall contain one stationary and one positively driven rotating corrosion City of Fayetteville, AR Bid 23-50, Noland Pond Return Pump Page 16 of 18 Page 271 of 560 and abrasion resistant tungsten -carbide seal ring. e.v/ The rotating seal ring shall have small back -swept grooves laser inscribed upon its face to act as a pump as it rotates, returning any fluid that should enter the dry motor chamber back into the lubricant chamber. f. J Ali seal rings shall be individual solid sintered rings. g. ,% Each seal interface shall be held in place by its own spring system. The seals shall not depend upon direction of rotation for sealing. Mounting of the lower seal on the impeller hub is not acceptable. In. ✓ Shaft seals without positively driven rotating members or conventional double mechanical seals containing either a common single or double spring acting between the upper and lower seal faces are not acceptable. i. ✓ The seal springs shall be isolated from the pumped media to prevent materials from packing around them, limiting their performance. j. Each pump shall be provided with a lubricant chamber for the shaft seaFng system. k. ✓ The lubricant chamber shall be designed to prevent overf'l'ing and shall provide capacity for lubricant expansion. I. ✓ The seal lubricant chamber shall have one drain and one inspection plug that are accessible from the exterior of the motor unit. The seal system shall not rely upon the pumped media for lubrication. M. ✓ The area about the exterior of the lower mechanical seal in the cast iron housing shall have cast in an integral concentric spiral groove. This groove shall protect the seals by causing abrasive particulate entering the seal cavity to be forced out away from the seal due to centrifugal action. n. A separate seal leakage chamber shall be provided so that any leakage that may occur past the upper, secondary mechanical seal will be captured prior to entry into the motor stator housing. Such seal leakage shall not contaminate the motor lower bearing. o. f The leakage chamber shall be equipped with a float type switch that will signal if the chamber should reach SO% capacity. p. Seal lubricant shall be non -hazardous. 3.7 Impeller: a. The impeller shall be of Hard-IronTM (ASTM A-532 (Alloy III A) 25% chrome cast iron), dynamically balanced, semi -open, multi -vane, back swept, screw -shaped, non -clog design. b. ✓ The impeller leading edges shall be mechanically self -cleaned automatically upon each rotation as they pass across a spiral groove located on the volute suction. C.The leading edges of the impeller shall be hardened to Rc 60 and shall be capable of handling solids, fibrous materials, heavy sludge and other matter normally found in wastewater. d. f The screw shape of the impeller inlet shall provide an inducing effect for the handling of up to 5% sludge and rag -laden wastewater. e. The impeller to volute clearance shall be readily adjustable by the means of a single trim screw. f. J The impeller shall be locked to the shaft, held by an impeller bolt and shall be coated with alkyd resin primer. 3.8 Suction Cover a./ The pump volute shall be a single piece grey cast iron, ASTM A-48, Class 3SB, non - City of Fayetteville, AR Bid 23 50, Noland Pond Return Pump Page 17 of 18 Page 272 of 560 concentric design with smooth passages of sufficient size to pass any solids that may enter the impeller. Minimum inlet and discharge size shall be 300mm. b. The volute shall have a replaceable suction cover insert ring in which are cast spiral - shaped, sharp -edged groove(s). The spiral groove(s) shall provide trash release pathways and sharp edge(s) across which each impeller vane leading edge shall cross during rotation so to remain unobstructed. c. ✓ The insert ring shall be cast of Hard-IronTM (ASTM A-532 (Alloy III A) 25% chrome cast iron) and provide effective sealing between the multi -vane semi -open impeller and the volute housing. 3.9 Protection a. ✓ Each pump motor stator shall incorporate three thermal switches, one per stator phase winding and be connected in series, to monitor the temperature of the motor. Should the thermal switches open, the motor shall stop and activate an alarm. b.v/ A float switch shall be installed in the seal leakage chamber and will activate if leakage into the chamber reaches 50% chamber capacity, signaling the need to schedule an inspection. C. ✓ The thermal switches and float switch shall be connected to a Mini CAS control and status monitoring unit. d. ✓ The Mini CAS unit shall be designed to be mounted in the pump control panel. 3.10 Warranty a.. The pumps shall be provided with prorated 60 months (5 years) warranty against defects in materials and or workmanship. b. Unless otherwise specif'ed, all other equipment shall be warrantied for 12 months (1 year). c. ✓ The warranty shall be in printed form and previously published as the manufacturer's standard warranty for all similar units manufactured, latest revision. d./ Upon warranty occurrence, the manufacturer's authorized service center shall remove / the pump, repair, reinstall and provide start up on the repaired pump. e. V/ A detailed failure analysis shall be submitted to the Owner for their records summarizing corrective action taken. f.The pumps shall be provided with prorated 60 months (5 years) warranty against defects in materials and or workmanship. g. ✓ Unless otherwise specified, all other equipment shall be warrantied for 12 months (1 / year). h. ✓ The warranty shall be in printed form and previously published as the manufacturer's standard warranty for all similar units manufactured, latest revision. i. ✓ Upon warranty occurrence, the manufacturer's authorized service center shall remove the pump, repair, reinstall and provide start up on the repaired pump. j. A detailed failure analysis shall be submitted to the Owner for their records summarizing corrective action taken. City of Fayetteville, AR Bid 23 50, Noland Pond Return Pump Page 18 of 18 Page 273 of 560 JACK TYLER ENGINEERING INCORPORATED Bid 23-50, Noland Pond Return Pump ENGINEERED SOLUTIONS FROM PEOPLE WHO CARE 6301 S University Ave., Little Rock, AR 72209 PH: (501) 562.2296 www.jteng.com Page 274 Wednesday, January 17, 2024 To: City of Fayetteville Subject: 011624MQA Scope of Supply Bid Date: January 18, 2024 Jack Tyler Engineering, Inc. is pleased to offer the following items for your inclusion in the above referenced project. If you would like us to supply any items not listed below, please inform us as soon as possible. Please continue reading below for our detailed scope of supply. We look forward to working with you. Line Item #1 — Submersible Pump Qty Description 1 Flygt NP3202, 35HP, 460V, 3Ph, 50' cord, FM 1 Discharge Connection 12x12" 1 Mini -CAS II / FUS 120/24 VAC, 1 Socket, 11 Pin, Octal Din Moun 40 Chain 3/8", Type 316 S.S. 2 Shackle, Screw Pin, 1/2" 1 Freight Item Price: $70,807.87 APPLICABLE TAXES ARE NOT INCLUDED IN QUOTED PRICE DELIVERY: 14-16 WEEKS AFTER APPROVED SUBMITTALS Respectfully Submitted, Mariah Qualls Bid Team Coordinator Jack Tyler Engineering, Inc. ENGINEERED SOLUTIONS FROM PEOPLE WHO CARE 6301 S University Ave., Little Rock, AR 72209 PH: (501) 562.2296 www.jteng.com Page JACK TYLER ENGINEERING, INCORPORATED 6301 S. UNIVERSITY AVENUE, LITTLE ROCK, ARKANSAS 72209 (501) 562-2296 • FAX (501) 562-4273 • ARKANSAS WATS 1-800-562-2296 STATEMENT OF TERMS AND CONDITIONS TERMS/PAYMENTS: Our terms of payment are net cash 15 days from date of the invoice subject to Seller's prior credit approval. If the Buyer shall fail to make any payments in accordance with the terms and conditions of sale, the Seller, in addition to its other rights and remedies, but not in limitation thereof, may, at its option, without prior notice, cancel this order as to any undelivered products or defer shipments or deliveries hereunder, or under any other agreement between Buyer and Seller, except upon Seller's receipt of cash before shipment or such security as Seller considers satisfactory. Seller reserves the right to impose an interest charge of 16%on the balance of each invoice not paid on its due date for the period from the due date to the date of receipt of payment by Seller. In the event Buyer's failure to make timely payments to Seller results in Seller incurring additional costs, including but not limited to collection expenses and attorneys' fees, said costs shall be added to the amount due Seller from Buyer. Buyer shall have no right to any discount or retainage and shall not withhold payment as a set-off on Seller's invoice in any amount. Visa, MasterCard, Discover, and American Express credit card purchases are accepted. SHIPMENT: The date of shipment is subject to our receiving your order with complete information at our office, final approval of any prints or drawings as may be required, credit approval, and the acceptance of your order by the company. Freight Charges are not included in the quoted price. EXPIRATION: Quotation expires 30 days from the date of proposal and, in the interim, is subject to change without notice. TAXES: Unless otherwise stated in the proposal, the prices quoted herein are exclusive of all sales, use and similar taxes and, wherever applicable, such taxes will be added to the invoice as separate items. RETURNS/REFUNDS: Items wished to be returned are subject to prior approval and must be accompanied by a Return Merchandise Authorization (RMA). Items returned without proper approval and/or paperwork will be returned to the customer at their expense. Returns past 30 days of initial receipt will not be accepted. All returned items are subject to a restocking fee. The customer's credit will be equal to the credit Jack Tyler Engineering, Inc. receives from the vendor, minus orginal freight and freight back to the vendor. Please note that all items must be returned to JTEI, who will return the item to the vendor. Credit will only be issued once JTEI receives credit from the vendor. SPECIAL NOTE: THIS PROPOSAL IS BASED ON CURRENT PRICES. EQUIPMENT IS SUBJECT TO THE SAME PERCENTAGE INCREASE AS MADE BY OUR SUPPLIERS AND THE INVOICE WILL REFLECT PRICE IN EFFECT AT TIME OF SHIPMENT UNLESS SPECIFICALLY EXCEPTED. WE WILL NOT ACCEPT RETAINAGE ON ANY OF OUR INVOICES! ***** A $50.00 minimum order charge will apply ***** WARRANTY: "The products sold by Jack Tyler Engineering, Inc. hereunder are manufactured by others, and the only warranties that apply to these products are those of the manufacturer of the products which can be passed on by Jack Tyler Engineering, Inc. to its customers. No other warranty of any kind is given in connection with the sale of any of the above products, and JACK TYLER ENGINEERING, INC. MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR AS TO ANY OTHER MATTER RESPECTING THESE PRODUCTS. Jack Tyler Engineering, Inc. shall not be liable in connection with the sale of the above products for any incidental or consequential damages of any kind." An electronic copy of the latest version is available online at www.jteng.com. Form No. 41-1 Rev. 07 - 07/12/19 Page 276 of 560 N P 3202 LT 3— 618 Patented self cleaning semi -open channel impeller, ideal for pumping in wastewater applications. Modular based design with high a da pta tion g ra de. Technical specification Configuration Motor number N3202.185 30-18-6AA-W 35hp Impeller diameter 302 mm Pump information Impeller diameter 302 mm Discharge diameter 12 inch Inlet diameter 300 mm Maximum operating speed 1170 rpm Number of blades 2 Max. fluid temperature 40 T Installation type P - Semi permanent, Wet Discharge diameter 12 inch Project Fayetteville - Pond Return Pump Block 0 FLYGT a xylem brand Curves according to: Water, pure Water, pure [100%],39.2 °F,62.42 Ib/ft3,1.6891E-5 In 54 52 5 48 Head 46 I 44 42 4 38 36 34 32 3 28 26 24 a 22 2 18 16 14 12 1 8 6 4 m 2 0 0 1000 2000 3000 4000 5000 6000 [US g.p.m.] Curve: ISO 9906 Nominal (mean) data shown. Under- and over -performance from this data should be elpected due to standard manufacturing tolerances. Please consult your local Rygt representative for performance guarantees. Material Impeller Ha rd-I ron' Created by ScottJones Created on 11/10/2023i.astupdate 11/10/2023 Rogramverson Dawersi,m Usergr p(s) 09.0- 5/152023(EWild33) 11/1020231013 Al P 1 Xylem: USA-FXT Page 277 of 560 N P 3202 LT 3— 618 Technical specification Motor - General Motor number Phases N3202.185 30-18-6AA-W 3- 35hp ATEX approved Number of poles No 6 Frequency Rated voltage 60 Hz 460 V Version code 185 Motor - Technical Power factor - 1/1 Load 0.86 Power factor - 3/4 Load 0.83 Power factor - 1/2 Load 0.75 Motor efficiency - 1/1 Load 89.0 Motor efficiency - 3/4 Load 89.5 Motor efficiency - 1/2 Load 89.0 FLYGT a xylem brand Rated speed Rated power 1170 rpm 35 hp Rated current Statorvariant 43 A 1 Insulation class Type of Duty H S1 Total moment of inertia Starts per hour max. 10.8 lb ft2 30 Starting current, direct starting 246 A Starting current, star -delta 82 A Project Fayetteville - Pond Return Pump Created by ScottJones Block 0 Created on 11/10/2023 Last update 11/10/2023 Rogramverson oawersbn Userg—p(s) 09.0- 5/152023(alllr133) 11/1020231013 A11 P 1 Xylem: USA-IXT Page 278 of 560 N P 3202 LT 3— 618 Performance curve IF Duty point a xylem brand Flow Head 3690 US g. p.m. 26.4 ft Curves according to: Water, pureWater, pure [100%],39.2 °F,62.42 I1h/ft3,1.6891E-5 ft2/s [ft. 54 Head 52 50 48 :. ......................... _..._.,. 46 44 ....!,.......... 42 40 ..................... ..! 38 36 __._........ 34 _.... 32 30 28 26 - - -77.9 26Aft 24 20 18 _. 14 _. _....... 12 to- 8 6 __._ _. _ _. _._. 18.302mm 4- 2- 0 [%] Efficiency -:_ 77.9 % 70 (Xerall Efficiency - 67.7°/a 60 50 40 30 (imEmm 20 10 input P134- 36.5 h 3hp.Power 6 ower P2 ! .._. 32 31.7 h 30 - - 28 - - 18302mm(P2) 26 24 [ft. NPSHR-values .. _. __ _. _ _. .._... _. _. _.._18302mm 28 26 _. 24 22 20 ft 20.9 18 16 3695 US ..m. 0 500 1000 1500 2000 2500 3000 3500 4000 4500 5000 5500 6000 6500 [US g.p.m.] Nominal (mean) data shown. Under -and over -performance from this data should be expected due to standard manufacturing tolerances. Please consult your local Hygt representative for performance guarantees. Curve: ISO 9906 Fayetteville - Pond Return Pump Scott Jones 0 Created on 11/10/2023 Last update 11/10/2023 Prog—ersion Uawersbo Userg—p(s) WO- 5/152023(EWild33) 11/1020231013 Al P 1 Xylem: USA -DR Page 279 of 560 N P 3202 LT 3- 618 Duty Analysis 3F a xylem brand Curves according to: Water, pure [100%] ; 39.2°F; 62.42lb/ft3; 1.6891E-5ft2/s [ft] Head 54 — 52 50 48 46 44--\ 42 40 38 36 34 32 30 28 26.4 ft 26 0 24 22 7.9% 20 18-- 17.910 16 ° 14 12 77.9°0 10 8 6 4 2 40 Flz5 —n, n Hz 5LZ 3695 US g.p.m. 0 0 500 1000 1500 2000 2500 3000 3500 4000 4500 5000 5500 6000 6500[US g.p.m.] Norrnal (mean) data shown. Under- and over -performance from this data should be expected due to standard manufacturing tolerances. Please consult }our local Flygt representative for performance guarantees. Operating characteristics Pumps / Flow Head Shaft power Flow Head Shaft power Hydr.eff. Spec Energy NPSHre Systems USQ.P.M. ft hp US q.p.m. ft hp kWh/US MG ft 1 3690 26.4 31.7 3690 26.4 31.7 77.9 % 123 20.9 Project Created by Scott Jones Block Fayetteville - Pond Return Pump Created on 11/10/2023 Last update 11/10/2023 Programversion Uawersi,m Userg—p(s) 09.0- 5/152023(EWild33) 11/1020231013 Al P 1 Xylem: UrA-DR Page 280 of 560 N P 3202 LT 3- 618 VFD Curve 3F a xylem brand Curves according to: Water, pure,39.2 °F,62.42 Ib/ft3,1.6891E-5 ft2/s [ft] Head 52 48 44 40 36 32 28 77. o0 24 20 7.900 77.9 0 16 7 .9o0 12 77.90o 8 4 55 18 302mm 40 45 Hi [9/69 Efficiency 70 erall Efficiency 60 50 40 30 20 10 0 [hp] er input P1 30 25 ft pow er P2 5 18 3 3 2mm P1) 2rrm (P2) 20 15 10 If -values mm 28 24 20 16 71 0 500 1000 1500 2000 2500 3000 3500 4000 4500 5000 5500 6000 6500[US g.p.m.] Nominal (mean) data shown. Under- and over -performance from this data should be elyected due to standard manufacturing tolerances. Curve: ISO 9906 Please consult your local Flygt representative for performance guarantees. Project Fayetteville - Pond Return Pump Created by Scott Jones Block 0 Created on 11/10/2023 Last update 11/10/2023 Rogramverson Uawersi,m Usergmup(s) 09.0- 5/152023(Blllr133) 11/1020231013 Al P 1 Xylem:USA-Xr Page 281 of 560 N P 3202 LT 3- 618 VFD Analysis 3F a xylem brand Curves a-cordin to: Water, pure [100%]; 39.2°F; 62.42lb/ft3; 1.6891E-5ft2/s [ft] 54 Head Specific energy [kWh/US MG] 52 50 48 46 123 /US MG 44 42 40 38 103 kWh/US MG 36 34 - 32 30 28 It 26.4 ft 26 ° 24 22 7. o 20 18 ° 16 ° 14 12 77.9° 10 8 6 55 Ht MM 4 2 2410 US g.p. m 40 Hz 45 49.9 F(z 3695 US g.p.m. 06 500 1000 1500 2000 2500 3000 3500 4000 4500 5000 5500 6000 6500[US g.p.m.1 Nominal (mean) data shown. Under -and over -performance from this data should be wpected due to standard manufacturing tolerances. Please consult your local Flygt representative for performance guarantees. Operating Characteristics Pumps/ Frequency Flow Head Shaft power Flow Head Shaft power Hydr.eff. Specific energy NPSHre Systems USgp.m ft hp USg.p.m ft hp ktMt(USMG it 1 60 Hz 3690 26.4 31.7 3690 26.4 31.7 77.9 % 123 20.9 1 55 Hz 3100 23.9 24.2 3100 23.9 24.2 77.3 % 108 18.2 1 50 Hz 2430 21.6 18 2430 21.6 18 73.6 % 103 15.9 1 45 Hz 1640 19.7 12.9 1640 19.7 12.9 63.2 % 111 13.8 Project Fayetteville - Pond Return Pump Created by Scott Jones Block 0 Created on 11/10/2023 Last update 11/10/2023 Prog—ersion Uawersbo Usergr p(s) 09.0- 5/152023(alllr133) 11/1020231033A17PI1 Xylem:US4-DR Page 282 of 560 N P 3202 LT 3- 618 VFD Analysis 3F a xylem brand Curves a-cordin to: Water, pure [100%]; 39.2°F; 62.42lb/ft3; 1.6891E-5ft2/s [ft] 54 Head Specific energy [kWh/US MG] 52 50 48 46 123 /US MG 44 42 40 38 103 kWh/US MG 36 34 - 32 30 28 It 26.4 ft 26 ° 24 22 7. o 20 18 ° 16 ° 14 12 77.9° 10 8 6 55 Ht MM 4 2410 US g.p. m 2 40 Hz 45 49.9 F(z 3695 US g.p.m. 06 500 1000 1500 2000 2500 3000 3500 4000 4500 5000 5500 6000 6500[US g.p.m.1 Nominal (mean) data shown. Under -and over -performance from this data should be wpected due to standard manufacturing tolerances. Please consult your local Flygt representative for performance guarantees. Operating Characteristics Pumps/ Frequency Flow Head Shaft power Flow Head Shaft power Hydr.eff. Specif ic energy NPSHre Systems USgp.m ft hp USg.p.m ft hp k1Mt(USMG It 1 40 Hz 823 18.4 8.64 823 18.4 8.64 44.2 % 155 11.9 Project Fayetteville - Pond Return Pump Created by Scott Jones Block 0 Created on 11/10/2023 Last update 11/10/2023 Prog—ersion Uawersbo Usergr p(s) 09.0- 5/152023(alllr133) 11/1020231033A17PI1 Xylem:US4-DR Page 283 of 560 N P 3202 LT 3- 618 Dimensional drawing FLYGT a xylem brand"5 71-3 Its Project Fayetteville - Pond Return Pump Created by ScottJones Block 0 Created on 11/10/2023 Last update 11/10/2023 Ref. line I I I I 3�QId2bars I I I �z1 I I I I I �I 0 0 / 0 r I I i +I � BCLT� (4� M[� ❑Z —❑Z VVi K Its a wlhoodirgjadd 1745 61.5 wtlxttal7dir�gjaid 1636 fi�i rP 3202 LT 210312 osaoas,ieata5,s�.sro 6841500 R 7� Rogramverson Uawersi,m Userg—p(s) 0g.0- 5/152023(alllr133) 11/1020231013 A11 PI 1 Xylem: USA-e{T Page 284 of 560 CITY OF FAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 13, 2024 TO: Mayor Jordan and City Council CITY COUNCIL MEMO THRU: Susan Norton, Chief of Staff FROM: Tim Nyander, Utilities Director SUBJECT: Bid 23-51 Jack Tyler Engineering — Noland Aeration RAS Pump RECOMMENDATION: 2024-1720 Staff recommends awarding Bid 23-51 and authorizing the purchase of a submersible pump for the aeration basin at the Noland Water Resource Recovery Facility from Jack Tyler Engineering, Inc. in the amount of $61,644.18 plus applicable taxes and freight charges. BACKGROUND: The Noland Water Resource Recovery Facility (WRRF) has five (5) Return Activated Sludge (RAS) pumps that pump RAS from the secondary clarifier back to the aeration basin. One of these pumps failed and the repair is not cost effective compared to buying a new pump. DISCUSSION: The City solicited formal bids for this replacement pump per Bid 23-51, and Jack Tyler Engineering was the only bidder that met all the specifications and requirements. Staff recommends awarding Bid 23-51 and authorizing the purchase of a submersible pump for the Noland aeration basin from Jack Tyler Engineering, Inc. in the amount of $61,644.18 plus applicable taxes and freight charges. This purchase will replace the failed pump and will restore the pumping capacity for the RAS process at Noland WRRF. Freight is estimated at $1,000.00, and taxes are estimated at $6,107.81 for a total estimated cost of $68,751.99. BUDGET/STAFF IMPACT: Funds are available in the WWTP Plant Pumps and Equipment account within the Water & Sewer fund. ATTACHMENTS: SRF (#3), Bid 23-51, Bid Tab - Signed (#4), Bid 23-51, Submittal - Jack Tyler Engineering - E (#5) Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 285 of 560 == City of Fayetteville, Arkansas Y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2024-1720 Bid 23-51 Jack Tyler Engineering — Noland Aeration RAS Pump A RESOLUTION TO AWARD BID #23-51 AND AUTHORIZE THE PURCHASE OF A SUBMERSIBLE PUMP FROM JACK TYLER ENGINEERING, INC. IN THE AMOUNT OF $61,644.18 PLUS ANY APPLICABLE TAXES AND FREIGHT CHARGES FOR USE IN THE AERATION BASIN AT THE NOLAND WATER RESOURCE RECOVERY FACILITY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #23-51 and authorizes the purchase of a submersible pump from Jack Tyler Engineering, Inc. in the amount of $61,644.18 plus any applicable taxes and freight charges for use in the aeration basin at the Noland Water Resource Recovery Facility. Page 1 Page 286 of 560 Tim Nyander Submitted By City of Fayetteville Staff Review Form 2024-1720 Item ID 2/20/2024 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 2/1/2024 WASTEWATER TREATMENT (730) Submitted Date Division / Department Action Recommendation: Staff recommends awarding Bid 23-51 and authorizing the purchase of a submersible pump for the aeration basin at the Noland Water Resource Recovery Facility from Jack Tyler Engineering, Inc. in the amount of $61,644.18 plus applicable taxes and freight charges. Budget Impact: 5400.730.5800-5801.00 Water & Sewer Account Number Fund 02069.1 WWTP Plant Pumps and Equipment Project Number Budgeted Item? Yes Does item have a direct cost? Yes Is a Budget Adjustment attached? No Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Project Title $ 1,622,210.00 $ 100,645.00 5 1,521,565.00 $ 68,751.99 1,452,813.01 V20221130 Purchase Order Number: Change Order Number: Original Contract Number: Previous Ordinance or Resolution # Approval Date: Comments: Freight is estimated at $1,000.00, and taxes are estimated at $6,107.81 for a total estimated cost of $68,751.99. Page 287 of 560 CITY OF FAYETTEVILLE ARKANSAS BID TABULATION Bid 23-51, Noland Aeration RAS Pump DEADLINE: Thursday, January 18, 2024 at 2:00 PM Electric Motor Center of Springdale JACK TYLER ENGINEERING INC TOTAL $55,655.68 $61,644.18 Line # Description CITY UOM Unit Unit 1 Submersible Pump 1 EA $55,655.68 $61,644.18 Rejected: Met Less of the Specs ny Fitch, Purchasing Agent Page 288 of 560 CITY OF WA FAYETTEVILLE ARKANSAS Bid 23-51 JACK TYLER ENGINEERING INC JACK TYLER ENGINEERING INC Supplier Response Event Information Number: Bid 23-51 Title: Noland Aeration AES Pump Type: Invitation to Bid Issue Date: 12/24/2023 Deadline: 1/18/2024 02:00 PM (CT) Notes: The City of Fayetteville is seeking bids from qualified vendors to purchase a submersible pump. This bid is for the purchase of equipment only; installation will be the responsibility of the City. Any questions concerning the bidding process should be directed to Kenny Fitch, City of Fayetteville Purchasing Agent, at kfitch@fayetteville- ar.gov or by calling (479) 575-8258. Contact Information Contact: Kenny Fitch Purchasing Agent Address: Purchasing Room 306 City Hall 113 West Mountain Street - Room 306 Fayetteville, AR 72701 Email: kfitch@fayetteville-ar.gov Page 1 of 3 pages Vendor: JACK TYLER ENGINEERING INC Bid 23-51 Page 289 of 560 JACK TYLER ENGINEERING INC Information Address: 6301 S. University LITTLE ROCK, AR 72209 Phone: (501) 562-2296 Fax: (501) 562-4273 Toll Free: (800) 562-2296 Web Address: jteng.com By submitting your response, you certify that you are authorized to represent and bind your company. Mariah Qualls mqualls@jteng.com Signature Email Submitted at 1/1712024 04:20:38 PM (CT) Supplier Note Technical Specifications section 3.5 (b) we do not meet this spec. Our upper bearing is a single deep groove ball bearing. Requested Attachments Bid 23-51, Bid Form and Signature Pages Submitted bid.pdf Please attach your signed, completed form. This can be found in the 'Attachments' tab. Response Attachments 011624MQA Scope of Supply.pdf Scope of Supply Bid Attributes 1 Check Yes or No: Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently boycott Israel and will not boycott Israel during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing. ❑✓ Yes ❑ No 2 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. 10 Yes ❑ No Page 2 of 3 pages Vendor: JACK TYLER ENGINEERING INC Bid 23-51 Page 290 of 560 3 Addendum Acknowledgement: By selecting "I agree", you acknowledge that you have read and understand any addendums that have been issued for this bid. 2 1 agree Bid Lines 11 Submersible Pump Quantity: 1 UOM: EA Supplier Notes: Price: 1 $61,644.18 i Total: 1 $61,644.18 Technical Specifications section 3.5 (b) we do not meet this spec. Our upper bearing is a single deep groove ball bearing. Response Total: $61,644.18 Page 3 of 3 pages Vendor: JACK TYLER ENGINEERING INC Bid 23-51 Page 291 of 560 CITY OF S FAYETTEVILLE ARKANSAS City of Fayetteville, Arkansas Purchasing Division — Room 306 113 W. Mountain Fayetteville, AR 72701 Phone: 479.575.8256 TDD (Telecommunication Device for the Deaf): 479.521.1316 INVITATION TO BID: Bid 23-51, Noland Aeration RAS Pump DEADLINE: Thursday, January 18, 2024 before 2:00 PM, Local Time PURCHASING AGENT: Kenny Fitch, kfitch 2fayetteville-ar. ov DATE OF ISSUE AND ADVERTISEMENT: 12/24/2023 INVITATION TO BID Bid 23-51 Noland Aeration RAS Pump No late bids will be accepted. Bids shall be submitted in one of the following methods: (1) through the City's third -party electronic bidding platform, or (2) delivering in person via sealed envelope to the City of Fayetteville Purchasing Division. Submitting through the City's electronic bidding platform is strongly encouraged, City of Fayetteville Purchasing Division — Room 306 113 West Mountain Street Fayetteville, AR 72701 All bids shall be submitted in accordance with the attached City of Fayetteville specifications and bid documents attached hereto. Each bidder is required to fill in every blank and shall supply all information requested; failure to do so may be used as basis of rejection. The undersigned hereby offers to furnish & deliver the articles or services as specified, at the prices & terms stated herein, and in strict accordance with the specifications and general conditions of bidding, all of which are made a part of this offer. This offer is not subject to withdrawal unless upon mutual written agreement by the Proposer/Bidder and City Purchasing Division. City of Fayetteville, AR Bid 23-51, Noland Aeration RAS Pump Page 1 of 18 Page 292 of 560 City of Fayetteville Bid 23-51, Noland Aeration RAS Pump Advertisement City of Fayetteville, Arkansas INVITATION TO BID Bid 23-49, Gregg Sewer Lift Station Pump Bid 23-50, Noland Pond Return Pump Bid 23-51, Noland Aeration RAS Pump The City of Fayetteville is seeking three (3) separate bids from qualified vendors to purchase a total of three (3) submersible pumps. These bids are for the purchase of equipment only; installation will be the responsibility of the City. Any questions concerning the bidding process should be directed to Kenny Fitch, City of Fayetteville Purchasing Agent, at kfitch@fayetteviIIe-ar.eov or by calling (479) 575-8258. Bidding documents and addenda shall be obtained at the City of Fayetteville Purchasing Division's electronic bidding platform at www.favetteville-aLgov/bids. All bids shall be received by Thursday, January 18 2023 before 2:00 PM, Local Time utilizing the electronic bidding software or by submitting a sealed physical bid to the City of Fayetteville, Purchasing Division address listed below. All bids are due before the time stated. 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/cityoffayetteviIlear. No late bids shall be accepted. The City of Fayetteville shall not be responsible for lost or misdirected bids, or for failure of proposer's technical equipment. City of Fayetteville Purchasing Division — Room 306 113 West Mountain Street Fayetteville, AR 72701 Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, m'nority and women business enterprises. Any bidder providing a service shall be registered with the Arkansas Secretary of State. The City of Fayetteville reserves the right to waive irregularities, to reject bids, and to postpone the award of the Contract for a period of time which shall not exceed beyond ninety calendar days from the bid opening date. City of Fayettevil�e By: Kenny Fitch, Purchasing Agent P: 479.575.8258 kfitch@favetteville-ar.pov TDD (Telecommunications Device for the Deaf): (479) 521-1316 Date of advertisement: 12/24/2023 This publication was paid for by the Purchasing Division of the City of Fayetteville, Arkansas. Amount paid: $185.26 City of Fayetteville, AR Bid 23 51, Noland Aeration RAS Pump Page 2 of 18 Page 293 of 560 City of Fayetteville Bid 23-51, Noland Aeration RAS Pump Required Bid Form — Bid Signature & Online Submittal Reqirements EXECUTION OF BID: All bidders shall submit this section, executed and completed in full by an authorized agent of the bidder. Bidders shall also complete submission through the Cites online bidding portal (www.fayetteville-ar.aov/bids) and complete and submit all required information, which may include: • Bid Attributes • Bid Line Items — Bidders shall bid on all line items and not submit partial bids • Response Attachments o Required Bid Form (this form, completed in its entirety) Actual specification of any deficient item shall be noted on the bid sheet or separate attachment. If specifications of item bid differ from provided literature, deviation shall be documented and certified by the manufacturer as a regular production option. PRICE: Bidders shall submit pricing on the City's online bidding portal (www.favettevilie-ar.gov/bids) in the format presented online. Refer to the City's electronic bidding platform to submit bid pricing electronically. Contact the City Purchasing Division to obtain documents necessary to submit a physical sealed bid; however, all bidders are strongly encouraged to submit on the City's online bidding portal. Upon signing this Bid, the bidder certifies that: 1. Bidder has read and agrees to the requirements set forth in this proposal, including specifications, terms, standard conditions, and any pertinent information regarding the articles being bid on. 2. Unless otherwise noted and explained, the unit(s) bid and listed meets or exceeds all of these requirements as specified by The City of Fayetteville. 3. 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. City of Fayetteville, AR Bid 23-51, Noland Aeration RAS Pump Page 3 of 18 Page 294 of 560 4. The Bidder can and will comply with all specifications and requirements for delivery, documentation and support as specified herein. 5. Bidder, as an officer of their organization, or per the attached letter of authorization, is duly authorized to certify the information provided herein is accurate and true. 6. Bidder shall comply with all State and Federal Equal Opportunity and Non -Discrimination requirements and conditions of employment in addition to all federal, state, and local laws. 7. Bidder shall disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. Response shall disclose if a known relationship exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official. If no relationship exists, this should also be stated in your response. Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result of your response. 1.) NO KNOWN RELATIONSHIP EXISTS 2.) RELATIONSHIP EXISTS (Please explain): 8. Bidder will perform the Work in compliance with all applicable trench safety standards set forth in Occupational Safety and Health Administration (OSHA) Part 1926 — Subpart P — Excavations. 9. As s bidder on this project, you are required to provide debarment/suspension certification indicating that you are in compliance with the below Federal Executive Order. Certification can be done by completing and signing this form. a. Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving individual awards, using federal funds, and all sub -recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. b. Your signature below certifies that neither you nor your principal is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. City of Fayetteville, AR Bid 23 51, Noland Aeration RAS Pump Page 4 of 18 Page 295 of 560 Unsigned bids will be rejected. Items marked * are mandatory for consideration. 3_*NAME OF FIRM: ' T `-�jr Purchase Orde ayments shall *D/B/A or Corporation Name t ��Vti Q,1' FVYAm-ef.rl issued to this name *BUSINESS ADDRESS: til U *CITY: ��OC *STATE: *ZIP: *PHONE:. `' Cl,c2-22C1U FAX: *E-MAIL: *BY: (PRII` *AUTHORIZED SIGNATURE: *TITLE:cxy-CAWvAnr UNIQUE ENTITY NUMBER: *TAX ID NUMBER: Acknowledge Addendums: Addendum No. Dated: Acknowledged by: Addendum No. Dated: Acknowledged by: Addendum No. Dated: Acknowledged by: Addendum No. Dated: Acknowledged by: City of Fayetteville, AR Bid 23 51, Noland Aeration RAS Pump Page 5 of 18 CAGE NUMBER: Page 296 of 560 City of Fayetteville Bid 23-51, Noland Aeration RAS Pump General Terms and Conditions 1. SUBMISSION OF BID & BID EVALUATION: a. Bids shall be reviewed following the stated deadline, as shown on the cover sheet of this document. b. Bidders shall submit bids based on documentation published by the Fayetteville Purchasing Division. c. Bidding documents and addenda shall be obtained at the City of Fayetteville Purchasing Division's electronic bidding platform at www.fayetteville-ar.gov/bids. All bids shall be received by the deadline, utilizing the electronic bidding software or as stated in the bid advertisement. 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.comluser cityoffayettevil lea r. No late bids shall be accepted. The City of Fayetteville shall not be responsible for lost or misdirected bids, or for failure of proposer s technical equipment. d. The City will not be responsible for misdirected bids. Bidder should call the Purchasing Office at 479.575.8256 to ensure correct receipt of bidding documents 2rlo_r to opening time and date listed on the bid form. e. Bidders shall have experience in providing products and/or services of the same or similar nature. f. Bidder is advised that exceptions to any of the terms contained in this bid must be identified in its response to the bid. Failure to do so may lead the City to declare any such term non- negotiable. Proposers desire to take exception to a non-negotiable term will not disqualify it from consideration for award. g. Local time is defined as the time in Fayetteville, Arkansas on the due date of the deadline. Bids shall be received before the time as shown by the atomic clock located in the Purchasing Division Office. h. Bids will be evaluated and awarded based on the best interest of the City of Fayetteville. The City reserves the right to award bids in their entirety, none, or by line item. 2. WRITTEN REQUESTS FOR INTERPRETATIONS OR CLARIFICATION: No oral interpretations will be made to any firms as to the meaning of specifications or any other contract documents. All questions pertaining to the terms and conditions or scope of work of this bid must be sent in writing via e-mail to the Purchasing Agent. Responses to questions may be handled as an addendum if the response would provide clarification to the requirements of the bid. All such addenda shall become part of the contract documents. The City will not be responsible for any other explanation or interpretation of the proposed bid made or given prior to the award of the contract. 3. DESCRIPTION OF SUPPLIES AND SERVICES: Any reference to a particular brand or manufacturer is done in an effort to establish an acceptable level of quality for this project. Brands or manufacturers that are included in bid that are of at least equal quality, City of Fayetteville, AR Bid 23-51, Noland Aeration RAS Pump Page 6 of 18 Page 297 of 560 size, design, and specification as to what has been specified, will be acceptable for consideration only if approved by the City of Fayetteville Purchasing Division. The City of Fayetteville reserves the right to accept or reject any requested equal. 4. RIGHTS OF CITY OF FAYETTEVILLE BID PROCESS: In addition to all other rights of the City of Fayetteville, under state law, the City specifically reserves the following: a. The City of Fayetteville reserves the right to select the bid that it believes will serve the best interest of the City. b. The City of Fayetteville reserves the right to accept or reject any or all bids. c. The City of Fayetteville reserves the right to cancel the entire bid. d. The City of Fayetteville reserves the right to remedy or waive technical or immaterial errors in the invitation to bid or in bids submitted. e. The City of Fayetteville reserves the right to request any necessary clarifications, additional information, or data without changing the terms of the bid. 5. COSTS INCURRED BY BIDDERS: All expenses involved with the preparation and submission of bids to the City, or any work performed in connection therewith, shall be borne solely by the bidder(s). No payment will be made for any responses received, or for any other effort required of, or made by, the bidder(s) prior to contract commencement. 6. CONFLICT OF INTEREST: a. The bidder represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance or services required hereunder, as provided in City of Fayetteville Code Section 34.26 titled "Authority of City Employee to Contract with the City". b. All bidders shall promptly notify Kenny Fitch, City Purchasing Agent, in writing, of all potential conflicts of interest for any prospective business association, interest, or other circumstance which may influence or appear to influence the bidder's judgment or quality of services being provided. Such written notification shall identify the prospective business association, interest or circumstance, the nature of which the bidder may undertake and request an opinion to the City as to whether the association, interest or circumstance would, in the opinion of the City, constitute a conflict of interest if entered into by the bidder. The City agrees to communicate with the bidder its opinion via a -mail or first-class mail within thirty days of receipt of notification. 7. WITHDRAWL OF PROPOSAL: A bid may be withdrawn prior to the time set for the bid submittal, based on a written request from an authorized representative of the firm; however, a bid shall not be withdrawn after the time set for the bid unless approved by the Purchasing Division. 8. LATE PROPOSAL OR MODIFICATIONS: Bid modifications received after the time set for the bid submittal shall not be considered. Modifications in writing received prior to the deadline will be accepted. The City will not be responsib a for misdirected bids. Bidders should call the Purchasing Division at (479) 575-8256 to ensure receipt of their submittal documents prior to opening time and date listed. City of Fayetteville, AR Bid 23-S1, Noland Aeration RAS Pump Page 7 of 18 Page 298 of 560 9. LOCAL STATE AND FEDERAL COMPLIANCE REQUIREMENTS: a. The laws of the State of Arkansas apply to any purchase made under this bid. Bidders shall comply with all local, state, and federal directives, orders and laws as applicable to this proposal and subsequent contract(s) including but not limited to Equal Employment Opportunity (EEO), Disadvantaged Business Enterprises (DBE), & OSHA as applicable to this contract. b. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. 10. PROVISION FOR OTHER AGENCIES: Unless otherwise stipulated by the bidder, the bidder agrees to make available to all Government agencies, departments, municipalities, and counties, the proposal prices submitted in accordance with said proposal terms and conditions therein, should any said governmental entity desire to buy under this proposal. Eligible Users shall mean all state of Arkansas agencies, the legislative and judicial branches, political subdivisions (counties, local district school boards, community colleges, municipalities, counties, or other public agencies or authorities), which may desire to purchase under the terms and conditions of the contract. 11. COLLUSION: The Proposer, by affixing his or her signature to this proposal, agrees to the following: "bidder certifies that his or her bid is made without previous understanding, agreement, or connection with any person, firm or corporation making a proposal for the same item(s) and/or services and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action." 12. RIGHT TO AUDIT FOIA AND JURISDICITON: a. The City of Fayetteville reserves the privilege of auditing a vendor's records as such records relate to purchases between the City and said vendor. Freedom of Information Act: City contracts and documents prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the (Contractor) will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. c. Legal jurisdiction to resolve any disputes shall be in Washington County, Arkansas with Arkansas law applying to the case. 13. CITY INDEMNIFICATION: The successful bidder(s) agrees to indemnify the City and hold it harmless from and against all claims, liability, loss, damage or expense, including but not limited to counsel fees, arising from or by reason of any actual or claimed trademark, patent or copyright infringement or litigation based thereon, with respect to the goods or any part thereof covered by this order, and such obligation shall survive acceptance of the goods and payment thereof by the City. City of Fayetteville, AR Bid 23-51, Noland Aeration RAS Pump Page 8 of 18 Page 299 of 560 14. VARIANCE FROM STANDARD TERMS & CONDITIONS: All standard terms and conditions stated in this request for bid apply to this contract except as specifically stated in the subsequent sections of this document, which take precedence, and should be fully understood by bidders prior to submitting a proposal on this requirement. 15. ADA REQUIREMENT FOR PUBLIC NOTICES & TRANSLATION: Persons with disabilities requiring reasonable accommodation to participate in this proceeding/event, should call 479.521.1316 (telecommunications device for the deaf), not later than seven days prior to the deadline. Persons needing translation of this document shall contact the City of Fayetteville, Purchasing Division, immediately. 16. PROCUREMENT POLICY FOR RECYCLED MATERIALS: The City of Fayetteville wishes to encourage its bidders to use recycled products in fulfilling contractual obligations to the City and that such practices will serve as a model for other public entities and private sector companies. 17. PAYMENTS AND INVOICING: The bidder must specify in their bid the exact company name and address which must be the same as invoices submitted for payment as a result of award of this bid. Further, the successful bidder is responsible for immediately notifying the Purchasing Division of any company name change, which would cause invoicing to change from the name used at the time of the original bid. Payment will be made within thirty days of invoice received. The City of Fayetteville is very credit worthy and will not pay any interest, fees, or penalty for untimely payments. Payments can be processed through bidder's acceptance of Visa at no additional costs to the City for expedited payment processing. The City will not agree to any nonrefundable deposit or retainer that would remain property of the bidder even if the hourly work actually performed by the bidder would not justify such fee. All invoices shall be presented to the City with the minimum information listed below. a. City Department that ordered the materials or services b. Order Date c. Delivery date or the date of services d. Name of the City Employee that requested or picked up the goods, materials, or service e. Bid Number that applies to the purchase and invoices. Amounts in the bid shall match invoicing. 18. CANCELLATION: a. The City reserves the right to cancel this contract without cause by giving thirty (30) days prior notice to the Contractor in writing of the intention to cancel or with cause if at any time the Contractor fails to fulfill or abide by any of the terms or conditions specified. b. Failure of the contractor to comply with any of the provisions of the contract shall be considered a material breach of contract and shall be cause for immediate termination of the contract at the discretion of the City of Fayetteville. c. In addition to all other legal remedies available to the City of Fayetteville, the City reserves the right to cancel and obtain from another source, any items and/or services which have not been City of Fayetteville, AR Bid 23-51, Noland Aeration RAS Pump Page 9 of 18 Page 300 of 560 delivered within the period of time from the date of order as determined by the City of Fayetteville. d. In the event sufficient budgeted funds are not available for a new fiscal period, the City shall notify the vendor of such occurrence and contract shall terminate of the last day of the current fiscal period without penalty or expense to the City. 19. ASSIGNMENT, SUBCONTRACTING, CORPORATE ACQUISITIONS AND/OR MERGERS: a. The Contractor shall perform this contract. No assignment of subcontracting shall be allowed without prior written consent of the City. If a bidder intends to subcontract a portion of this work, the bidder shall disclose such intent in the bid submitted as a result of this bid. b. In the event of a corporate acquisition and/or merger, the Contractor shall provide written notice to the City within thirty (30) calendar days of Contractor's notice of such action or upon the occurrence of said action, whichever occurs first. The right to terminate this contract, which shall not be unreasonably exercised by the City, shall include, but not be limited to, instances in which a corporate acquisition and/or merger represent a conflict of interest or are contrary to any local, state, or federal laws. Action by the City awarding a proposal to a firm that has disclosed its intent to assign or subcontract in its response to the bid, without exception shall constitute approval for purpose of this Agreement. 20. NON-EXCLUSIVE CONTRACT: Award of this bid shall impose no obligation on the City to utilize the vendor for all work of this type, which may develop during the contract period. This is not an exclusive contract. The City specifically reserves the right to concurrently contract with other companies for similar work if it deems such an action to be in the City's best interest. In the case of multiple term contracts, this provision shall apply separately to each item. 21. LOBBYING: Lobbying of selection committee members, City of Fayetteville employees, or elected officials regarding request for proposals, request for qualifications, bids or contracts, during the pendency of bid protest, by the bidder/proposer/protestor or any member of the bidder's/proposer's/protestor's staff, and agent of the bidder/proposer/protestor, or any person employed by any legal entity affiliated with or representing an organization that is responding to the request for proposal, request for qualification, bid or contract, or has a pending bid protest is strictly prohibited either upon advertisement or on a date established by the City of Fayetteville and shall be prohibited until either an award is final or the protest is finally resolved by the City of Fayetteville; provided, however, nothing herein shall prohibit a prospective/bidder/proposer from contacting the Purchasing Division to address situations such as clarification and/or questions related to the procurement process. For purposes of this provision lobbying activities shall include but not be limited to, influencing or attempting to influence action or non -action in connection with any request for proposal, request for qualification, bid or contract through direct or indirect oral or written communication or an attempt to obtain goodwill of persons and/or entities specified in this provision. Such actions may cause any request for proposal, request for qualification, bid or contract to be rejected. 22. ADDITIONAL REQUIREMENTS: The City reserves the right to request additional services relating to this bid from the bidder. When approved by the City as an amendment to the contract and authorized in writing prior to work, the Contractor shall provide such additional requirements as may become necessary. City of Fayetteville, AR Bid 23-51, Noland Aeration RAS Pump Page 10 of 18 Page 301 of 560 23. ADD OR DELETE LOCATIONS OR SERVICES: The City reserves the right to unilaterally add or delete locations and/or services, either collectively or individually, at the City's sole option, at any time after award has been made as may be deemed necessary or in the best interests of the City. In such case, the Contractor(s) will be required to provide services to this contract in accordance with the terms, conditions, and specifications. 24. INTEGRITY OF BID DOCUMENTS: Bidders shall use the original bid form(s) provided by the Purchasing Division and enter information only in the spaces where a response is requested. Bidders may use an attachment as an addendum to the bid form(s) if sufficient space is not available on the original form for the bidder to enter a complete response. Any modifications or alterations to the original documents by the bidder, whether intentional or otherwise, will constitute grounds for rejection of such response. Any such modifications or alterations a bidder wishes to propose shall be clearly stated in the bidder's response and presented in the form of an addendum to the original bid documents. 25. CERTIFICATE OF INSURANCE The successful bidder shall provide a Certificate of Insurance in accordance with specifications listed in this request for proposal, prior to commencement of any work. Such certificate shall list the City of Fayetteville as an additional insured. Insurance shall remain valid, when applicable, throughout project completion. Certificates of insurance are to be addressed to the City of Fayetteville, showing that the contractor carries the following insurance which shall be maintained throughout the term of the bid. Any work sublet; the contractor shall require the subcontractor similarly to provide the same insurance coverage. In case any employee engaged in work on the project is not protected under Workers' Compensation, the Contractor shall provide, and shall cause each subcontractor to provide, adequate employer's liability insurance for the protection of such of his employees as are not otherwise protected. Workers' Compensation: Statutory Amount Comprehensive General & Automotive Liability: $250,000 each person $500,000 aggregate Property Damage Liability: $100,000 aggregate 26. OTHER GENERAL CONDITIONS: Bidder is presumed to be familiar with all federal, state, and city laws, ordinances, and regulations which in any manner affect those engaged or employed in the Work, or the materials or equipment used, or that in any way affect the Work and shall in all respects comply with said laws, ordinances, and regulations. No claim of misunderstanding or ignorance on the part of Bidder or Proposer will in any way serve to modify the provisions of the contract. No representations shall be binding unless embodied in the contract. b. Prices shall include all labor, materials, overhead, profit, insurance, shipping, freight, etc., to cover the products and services presented. Sales taxsha#notbeinc/udedin thebidprice. Applicable Arkansas sales tax laws will apply when necessary but will not be considered in award of this project. c. Each bidder should state the anticipated number of days from the date of receipt of an order for delivery of services to the City of Fayetteville. d. Bidders must provide the City with their bids signed by an employee having legal authority to submit City of Fayetteville, AR Bid 23-51, Noland Aeration RAS Pump Page 11 of 18 Page 302 of 560 bids on behalf of the bidder. The entire cost of preparing and providing responses shall be borne by the bidder. The City reserves the right to request any additional information it deems necessary from any or all bidders after the submission deadline. f. The request for bid is not to be construed as an offer, a contract, or a commitment of any kind; nor does it commit the city to pay for any costs incurred by bidder in preparation. It shall be clearly understood that any costs incurred by the Bidder in responding to this solicitation is at the bidder's own risk and expense as a cost of doing business. The City of Fayetteville shall not be liable for reimbursement to the Bidder for any expense so incurred, regardless of whether or not the submittal is accepted. g. If products, components, or services other than those described in this bid document are proposed, the bidder must include complete descriptive literature for each. All requests for additional information must be received within five working days following the request. h. NOTE: Any uncertainties shall be brought to the attention to Kenny Fitch immediately via telephone (479.575.8258) or e-mail (kfitch @fayetteviIle ar.gov). It is the intent and goal of the City of Fayetteville Purchasing Division to provide documents providing a clear and accurate understanding of the scope of work to be completed and/or goods to be provided. We encourage all interested parties to ask questions to enable all bidders to be on equal bidding terms. i. Any inquiries or requests for explanation in regard to the City's requirements should be made promptly to Kenny Fitch, City of Fayetteville, Purchasing Agent via e-mail {kfitch@fayettey) or telephone (479.575.8258). No oral interpretation or clarifications will be given as to the meaning of any part of this request for proposal. All questions, clarifications, and requests, together with answers, if any, will be provided to all firms via written addendum. Names of firms submitting any questions, clarifications, or requests will not be disclosed until after a contract is in place. j. Any information provided herein is intended to assist the bidder in the preparation of proposals necessary to properly respond to this bid. The bid is designed to provide qualified Proposers with sufficient basic information to submit proposals meeting minimum specifications and/or test requirements but is not intended to limit a bid's content or to exclude any relevant or essential data. k. Bidders irrevocably consent that any legal action or proceeding against it under, arising out of or in any manner relating to this Contract shall be prevailed by Arkansas law. Proposer hereby expressly and irrevocably waives any claim or defense in any said act'on or proceeding based on any alleged lack of jurisdiction or improper venue or any similar basis. I. The successful bidder shall not assign the whole or any part of this Contract or any monies due or to become due hereunder without written consent of C.ty of Fayetteville. In case the successful bidder assigns all or any part of any monies due or to become due under this Contract, the Instrument of assignment shall contain a clause substantially to the effect that is agreed that the right of the assignee in and to any monies due or to become due to the successful bidder shall be subject to prior liens of all persons, firms, and corporations for services rendered or materials supplied for the performance of the services called for in this contract. m. The successful bidder's attention is directed to the fact that all applicable Federal and State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over the services shall app.y to the contract throughout, and they will be deemed to be included in the contract as though written out in full herein. The successful bidder shall keep himself/herself fully informed of all laws, City of Fayetteville, AR Bid 23-51, Noland Aeration RAs Pump Page 12 of 18 Page 303 of 560 ordinances and regulations of the Federal, State, and municipal governments or authorities in any manner affecting those engaged or employed in providing these services or in any way affecting the conduct of the services and of all orders and decrees of bodies or tribunals having any jurisdiction or authority over same. If any discrepancy or inconsistency should be discovered in these Contract Documents or in the specifications herein referred to, in relation to any such law, ordinance, regulation, order or decree, s/he shall herewith report the same in writing to City of Fayetteville. 27. ATTACHMENTS TO BID DOCUMENTS: N/A City of Fayetteville, AR Bid 23 51, Noland Aeration RAS Pump Page 13 of 18 Page 304 of 560 City of Fayetteville Bid 23-51, Noland Aeration RAS Pump Technical Specifications ALL BIDDERS SHALL COMPLETE THIS "TECHNICAL SPECIFICATIONS" SECTION WITH BID. FAILURE TO SUBMIT A RESPONSE ON THIS "TECHNICAL SPECIFICATION" FORM IN A COMPLETED FORMAT CAN RESULT IN BID REJECTION. BIDDING REQUIREMENTS: o NOTICE: THIS SECTION CAN BE COMPLETED ON THE FOLLOWING MANNER: When given a specification option containing a blank (example a._), bidder shall write a "check mark' or write "des" indicating yes if the accompanied specification is met. In the event a specification cannot be met, bidder shall indicate so by writing in "no" and writing on_the City's bid_forms how the specification is not met or how the unit(s) bid differ from what has been specified. Lea&g item blank shall indicate bidder does not meet the listed fflicadon and can result in bidder D/SQUAL/F/G4 T/ON. o Bidders shall NOT supply warranty papers for the City to interpret whether a warranty specification is met or not. 1. GENERAL- 1.1 This bid is for the purchase of one (1) submersible, non -clog wastewater pump. 1.2 All unit(s) bid shall meet or exceed the minimum requirements, or they w I be deemed incomplete and will not be considered for bid award. 1.3 All specifications written are to min mums, unless otherwise noted. 2. MANUFACTURER/MODEL- 2.1 The pump shall be supplied with a discharge mating flange providing a metal -to -metal face seal fit on a FLYGT 8" discharge connection. 2.2 Shut off head shall be a minimum of 50 feet. 2.3 Each pump shall be fitted with 40 feet of stainless -steel lifting chain. The working load of the lifting system shall be S0% greater than the pump unit weight. 2.4 The power cable shall be sized according to NEC and ICEA standards and meet with P-MSHA Approval. 2.5 The pump shall be automatically and firmly connected to the discharge connection, guided by no less than two guide bars extending from the top of the station to the discharge connection. 2.6 There shall be no need for personnel to enter the wet -well. 2.7 Sealing of the pumping unit to the discharge connection shall be accomplished by a machined metal to metal watertight contact. Rectangular cross sectioned gaskets requiring specific torque limits to achieve compression shall not be considered as adequate or equal. No secondary sealing compounds, elliptical 0-rings, grease or other devices shall be used. 2.8 No portion of the pump shall bear directly on the sump floor. 2.9 The pump shall be Explosion approved according to FM CLASS 1. DIV 1 "C" & "D". 3. TECHNICAL SPECIFICATIONS — 3.1 Pump: a.�r Pump shall be capable of delivering at least 2,790 GPM at 33ft Total Dynamic Head. b. V Major pump components shall be of grey cast iron, ASTM A-48, Class 35B, with smooth surfaces devoid of blow holes or other irregularities. City of Fayetteville, AR Bid 23-51, Noland Aeration RAS Pump Page 14 of 18 Page 305 of 560 loss of watertight integrity to a depth of 65 feet or greater. 3.3 Cooling System: a. ✓ Pump shall be provided with an integral motor cooling system. Fans, blowers or auxiliary cooling systems that are mounted external to the pump motor are not acceptable. b. ✓ A stainless -steel motor cooling jacket shall encircle the stator housing, providing for dissipation of motor heat regardless of the type of pump installation. C. ✓ An impeller, integral to the cooling system and driven by the pump shaft, shall provide the necessary circulation of the cooling liquid through the jacket. The cooling liquid shall pass about the stator housing in the closed loop system in turbulent flow providing for superior heat transfer. d. ✓ The cooling system shall have one fill port and one drain port integral to the cooling jacket. e. ✓ The cooling system shall provide for continuous pump operation in liquid or ambient temperatures of up to 1047 (40°C.). Operational restrictions at temperatures be ow 104°F are not acceptable. 3.4 Cable Entry Seal: a. ✓ The cable entry seal design shall preclude specific torque requirements to insure a watertight and submersible seal. Epoxies, silicones, or other secondary sealing systems shall not be considered equal. b. ✓ The cable entry shall consist of dual cylindrical elastomer grommets, flanked by washers, all having a close tolerance fit against the cable outside diameter and the entry Inside diameter. c. The grommets shall be compressed by the cable entry unit, thus providing a strain re'ief function. d. The assembly shall provide ease of changing the cable when necessary using the same entry seal. e. The cable entry junction chamber and motor shall be sealed from each other, which shall isolate the stator housing from foreign material gaining access through the pump top. 3.5 Bearings: a. I The integral pump/motor shaft shall rotate on two bearings. bAL The upper motor bearing shall be a two -row angular contact ball bearing. c. ✓ The lower bearing shall be a two -row angular contact ball bearing to handle the thrust and radial forces. d. ✓ The motor bearings shall be sealed and permanently grease lubricated with high temperature grease. e. ✓ The minimum L10 bearing life shall be 50,000 hours at any usable portion of the pump curve. 3.6 Mechanical Seals: a. ,/ Pump shall be provided with a positively driven dual, tandem mechanical shaft seal system consisting of two seal sets, each having an independent spring. b. The lower primary seal, located between the pump and seal chamber, shall contain one stationary and one positively driven rotating corrosion and abrasion resistant tungsten - carbide ring. c. ✓ The upper secondary seal, located between the seal chamber and the seal inspection chamber shall be a leakage -free seal. d.V The upper seal shall contain one stationary and one positively driven rotating corrosion City of Fayetteville, AR Bid 23-51, Noland Aeration RAS Pump Page 16 of 18 Page 306 of 560 c. ►% The lifting handle shall be made of stainless steel. d.—✓y— All exposed nuts or bolts shall be made of stainless steel. e. ✓ All metal surfaces coming into contact with the pumpage, other than stainless steel or brass, shall be protected by a factory applied spray coating of acrylic dispersion zinc phosphate primer with a polyester resin paint finish on the exterior of the pump. f. ✓ The pump and motor shaft shall be a single piece unit. The pump shaft is an extension of the motor shaft. Shafts using mechanical couplings shall not be acceptable. g. ✓ The shaft shall be stainless steel — ASTM A479 S43100-T. Shaft sleeves will not be acceptable. 3.2 Motor: a. ,/ Pump shall be equipped with a 35 HP submersible electric motor, connected for operation on 460 volts, 3 phase, 60 hertz, single wire service, with 50 feet of submersible cable (SUBCAB) su;table for submers ble pump applications. b.The pump motor shall be a NEMA B design, induction type with a squirrel cage rotor, she I type des gn, housed in an air f Iled, watert ght chamber. c._V_ The motor shall be des4ned for continuous duty while handling pumped media of up to 104*F (40°C) and steal have a NEMA Class B maximum operating temperature rise of 176-F (80°C). d. ✓ The stator windings shall be nsulated w th moisture resistant Class H insulation rated for 356°F (180°C). e. ✓ The stator shall be insuiated by the trickle impregnation method using Class H monomer - free polyester resin resulting in a Wriding fill factor of at least 95%. f. ✓ The motor shal be inverter duty rated in accordance with NEMA MG1, Part 31. g._ The stator shal, be heat -shrink fitted :nto the cast iron stator housing. The use of multiple step dip and bake -type stator insulation process is not acceptable. The use of pins, bolts, screws or other fastening devices used to locate or hold the stator and that penetrate the stator housing are not acceptable. h. V The motor shall be capable of no less than 30 evenly spaced starts per hour. i./ The rotor bars and short circuit rings shall be made of aluminum. j. ✓ Three thermal switches shall be embedded in the stator end coils, one per phase winding, to monitor the stator temperature. These thermal switches shall be used in conjunction with and supplemental to external motor overload protection and shall be connected to the motor control panel. k. ✓ The junction chamber shall be sealed off from the stator housing and shall contain a terminal board for connection of power and pilot sensor cables using threaded compression type terminals. The use of wire nuts or crimp -type connectors is not acceptable. I. ✓ The motor and the pump shall be produced by the same manufacturer. m. ✓ The motor service factor (combined effect of voltage, frequency and specific gravity) shall be 1.15. The motor shall have a voltage tolerance of +/- 10%. n. ✓ A motor performance chart shall be provided upon request exhibiting curves for motor torque, current, power factor, input/output kW and efficiency. The chart shall also include data on motor starting and no-load characteristics. o. ✓ Motor horsepower shall be sufficient so that the pump is non -overloading throughout its entire performance curve, from shut-off to run -out. P. ✓ The motor and cable shall be capable of continuous submergence underwater without City of Fayetteville, AR Bid 23-51, Noland Aeration RAS Pump Page 15of18 Page 307 of 560 and abrasion resistant tungsten -carbide seal ring. e. ✓ The rotating seal ring shall have small back -swept grooves laser inscribed upon its face to act as a pump as it rotates, returning any fluid that should enter the dry motor chamber back into the lubricant chamber. f. ✓ All seal rings shall be individual solid sintered rings. g. ✓ Each seal interface shall be held in place by its own spring system. The seals shall not depend upon direction of rotation for sealing. Mounting of the lower seal on the impeller hub is not acceptable. h. ✓ Shaft seals without positively driven rotat'ng members or convent'onal double mechanical seals containing either a common single or double spring acting between the upper and lower seal faces are not acceptable. i, ✓ The seal springs shall be isolated from the pumped media to prevent materials from packing around them, I m't'ng their performance. Each pump shall be provided with a lubricant chamber for the shaft sealing system. k.—,/- The lubricant chamber sha'I be designed to prevent overfilling and shall prov'de capacity for lubricant expans'on. I. ✓ The seal lubricant chamber sha l have one drain and one inspection plug that are accessible from the exterior of the motor unit. The seal system shall not rely upon the pumped media for lubrication. M. ✓ The area about the exterior of the lower mechanical sea in the cast iron housing shall have cast in an integral concentric spiral groove. This groove shall protect the seals by causing abras-ve particulate entering the seal cavity to be forced out away from the seal due to centr fugal action. n. ✓ A separate seal eakage chamber sha I be prov ded so that any leakage that may occur past the upper, secondary mechanical seal will be captured prior to entry into the motor stator housing. Such seal leakage shall not contaminate the motor lower bearing. o. ✓ The leakage chamber shall be equipped with a float type switch that will signal if the chamber should reach 50% capacity. p. ✓ Seal lubricant shall be non -hazardous. 3.7 Impeller: a. ✓ The impeller shall be of Hard-IronTM (ASTM A-532 (Alloy III A) 25% chrome cast iron), dynamically balanced, semi -open, multi -vane, back swept, screw -shaped, non -clog / design. b. ✓ The impeller leading edges shall be mechanically self -cleaned automatically upon each rotation as they pass across a spiral groove located on the volute suction. c. The leading edges of the impeller shall be hardened to Rc 60 and shall be capable of handling solids, fibrous materials, heavy sludge and other matter normally found in wastewater. d. ✓ The screw shape of the impeller inlet shall provide an inducing effect for the handling of up to 5% sludge and rag -laden wastewater. e. J The impeller to volute clearance shall be readily adjustable by the means of a single trim screw. f. ✓ The impeller shall be locked to the shaft, held by an impeller bolt and shall be coated with alkyd resin primer. 3.8 Suction Cover a. ✓ The pump volute shall be a single piece grey cast iron, ASTM A-48, Class 35B, non - City of Fayetteville, AR Bid 23-51, Noland Aeration RAS Pump Page 17 of 18 Page 308 of 560 concentric design with smooth passages of sufficient s'ze to pass any solids that may enter the impeller. Minimum inlet and discharge size shal be as specified. b. ✓ The volute shall have a replaceable suction cover insert ring in wh ch are cast spiral - shaped, sharp -edged groove(s). The spiral groove(s) shall provide trash release pathways and sharp edge(s) across which each impeller vane leading edge shall cross dur ng rotation so to remain unobstructed. c. ✓ The insert ring shall be cast of Hard-IronTM (ASTM A-S32 (Al oy III A) 25% chrome cast iron) and provide effective sealing between the multi -vane semi -open impeller and the volute housing. 3.9 Protection a. ✓ Each pump motor stator shall incorporate three thermal sw tches, one per stator phase winding and be connected in series, to monitor the temperature of the motor. Should the thermal switches open, the motor shall stop and activate an alarm. b. ✓ A float switch shall be installed in the seal leakage chamber and wi I activate f eakage into the chamber reaches 50% chamber capacity, signal.ng the need to schedule an inspection. C. V The thermal switches and float switch shall be connected to a Min CAS control and status monitoring unit. d. ✓ The Mini CAS unit shall be designed to be mounted in the pump control panel. 3.10 Warranty a.The pumps shall be provided with prorated 60 months (S years) warranty aga nst defects in materials and or workmanship. b. ✓ Unless otherwise specified, all other equipment shall be warrantied for 12 months (1 year). C. ✓ The warranty shall be in printed form and previously published as the manufacturer's standard warranty for all similar units manufactured, latest revision. d. ✓ Upon warranty occurrence, the manufacturer's authorized service center shall remove the pump, repair, reinstall and provide start up on the repaired pump. e. ✓ A detailed failure analysis shall be submitted to the Owner for their records summarizing corrective action taken. f. ✓ The pumps shall be provided with prorated 60 months (S years) warranty against defects / in materials and or workmanship. g. ✓ Unless otherwise specified, all other equipment shall be warrantied for 12 months (1 year). h.J The warranty shall be in printed form and previously published as the manufacturer's standard warranty for all similar units manufactured, latest revision. i.Upon warranty occurrence, the manufacturer's authorized service center shall remove the pump, repair, reinstall and provide start up on the repaired pump. j. ✓ A detailed failure analysis shall be submitted to the Owner for their records summarizing corrective action taken. City of Fayetteville, AR Bid 23-51, Noland Aeration RAS Pump Page 18 of 18 Page 309 of 560 JACK TYLER ENGINEERING INCORPORATED Bid 23-51, Noland Aeration RAS Pump ENGINEERED SOLUTIONS FROM PEOPLE WHO CARE 6301 S University Ave., Little Rock, AR 72209 PH: (501) 562.2296 www.jteng.com Page Wednesday, January 17, 2024 To: City of Fayetteville Subject: 011624MQA Scope of Supply Bid Date: January 18, 2024 Jack Tyler Engineering, Inc. is pleased to offer the following items for your inclusion in the above referenced project. If you would like us to supply any items not listed below, please inform us as soon as possible. Please continue reading below for our detailed scope of supply. We look forward to working with you. Line Item #1 — Submersible Pump Qty Description 1 Flygt NP642 35HP, 460V, 3PH, 50' cord, FM 1 Discharge Connection 8x8" 1 Mini -CAS II / FUS 120/24 VAC, 1 Socket, 11 Pin, Octal Din Moun 40 Chain 3/8", Type 316 S.S. 2 Shackle, 3/8" Screw Pin, Type 1 Freight Item Price: $61,644.48 APPLICABLE TAXES ARE NOT INCLUDED IN QUOTED PRICE DELIVERY: 14-16 WEEKS AFTER APPROVED SUBMITTALS Respectfully Submitted, Mariah Qualls Bid Team Coordinator Jack Tyler Engineering, Inc. ENGINEERED SOLUTIONS FROM PEOPLE WHO CARE 6301 S University Ave., Little Rock, AR 72209 PH: (501) 562.2296 www.jteng.com Page JACK TYLER ENGINEERING, INCORPORATED 6301 S. UNIVERSITY AVENUE, LITTLE ROCK, ARKANSAS 72209 (501) 562-2296 • FAX (501) 562-4273 • ARKANSAS WATS 1-800-562-2296 STATEMENT OF TERMS AND CONDITIONS TERMS/PAYMENTS: Our terms of payment are net cash 15 days from date of the invoice subject to Seller's prior credit approval. If the Buyer shall fail to make any payments in accordance with the terms and conditions of sale, the Seller, in addition to its other rights and remedies, but not in limitation thereof, may, at its option, without prior notice, cancel this order as to any undelivered products or defer shipments or deliveries hereunder, or under any other agreement between Buyer and Seller, except upon Seller's receipt of cash before shipment or such security as Seller considers satisfactory. Seller reserves the right to impose an interest charge of 16%on the balance of each invoice not paid on its due date for the period from the due date to the date of receipt of payment by Seller. In the event Buyer's failure to make timely payments to Seller results in Seller incurring additional costs, including but not limited to collection expenses and attorneys' fees, said costs shall be added to the amount due Seller from Buyer. Buyer shall have no right to any discount or retainage and shall not withhold payment as a set-off on Seller's invoice in any amount. Visa, MasterCard, Discover, and American Express credit card purchases are accepted. SHIPMENT: The date of shipment is subject to our receiving your order with complete information at our office, final approval of any prints or drawings as may be required, credit approval, and the acceptance of your order by the company. Freight Charges are not included in the quoted price. EXPIRATION: Quotation expires 30 days from the date of proposal and, in the interim, is subject to change without notice. TAXES: Unless otherwise stated in the proposal, the prices quoted herein are exclusive of all sales, use and similar taxes and, wherever applicable, such taxes will be added to the invoice as separate items. RETURNS/REFUNDS: Items wished to be returned are subject to prior approval and must be accompanied by a Return Merchandise Authorization (RMA). Items returned without proper approval and/or paperwork will be returned to the customer at their expense. Returns past 30 days of initial receipt will not be accepted. All returned items are subject to a restocking fee. The customer's credit will be equal to the credit Jack Tyler Engineering, Inc. receives from the vendor, minus orginal freight and freight back to the vendor. Please note that all items must be returned to JTEI, who will return the item to the vendor. Credit will only be issued once JTEI receives credit from the vendor. SPECIAL NOTE: THIS PROPOSAL IS BASED ON CURRENT PRICES. EQUIPMENT IS SUBJECT TO THE SAME PERCENTAGE INCREASE AS MADE BY OUR SUPPLIERS AND THE INVOICE WILL REFLECT PRICE IN EFFECT AT TIME OF SHIPMENT UNLESS SPECIFICALLY EXCEPTED. WE WILL NOT ACCEPT RETAINAGE ON ANY OF OUR INVOICES! ***** A $50.00 minimum order charge will apply ***** WARRANTY: "The products sold by Jack Tyler Engineering, Inc. hereunder are manufactured by others, and the only warranties that apply to these products are those of the manufacturer of the products which can be passed on by Jack Tyler Engineering, Inc. to its customers. No other warranty of any kind is given in connection with the sale of any of the above products, and JACK TYLER ENGINEERING, INC. MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR AS TO ANY OTHER MATTER RESPECTING THESE PRODUCTS. Jack Tyler Engineering, Inc. shall not be liable in connection with the sale of the above products for any incidental or consequential damages of any kind." An electronic copy of the latest version is available online at www.jteng.com. Form No. 41-1 Rev. 07 - 07/12/19 Page 312 of 560 NX 3202 MT 3— 642 Patented self cleaning semi -open channel impeller, ideal for pumping in wastewater applications. Modular based design with high a da pta tion g ra de. Technical specification Configuration Motor number N3202.185 30-18-6AA-W 35hp Impeller diameter 334 mm Pump information Impeller diameter 334 mm Discharge diameter 8 inch Inlet diameter 250 m m Maximum operating speed 1170 rpm Number of blades 2 Max. fluid temperature 40 T Installation type X - Optional installation, Wet or Dry Discharge diameter 8 inch Project Fayetteville - Noland Large RAS Pump Block 0 FLX'- a xylem brand Curves according to: Water, pure Water, pure [100%],39.2 °F,62.42 Ib/ft3,1.6891E-5 [n 84 8 76 72 68 64 6 56 52 48 44 AN 4 36 32 28 24 2 16 334r im 12 8 4 0 0 500 1000 1500 2000 2500 3000 3500 [US g.p.m.] Curve: ISO 9906 Nominal (mean) data shown. Under- and over -performance from this data should be expected due to standard manufacturing tolerances. Please consult your local Flygt representative for performance guarantees. Configuration Material Impeller Ha rd-I ron Created by ScottJones Created on 5/5/2023 Last update 6/27/2023 Programversion Dalavers Usergr p(s) 68.0- 4212023(a111r1149) 6212023922 MN Xylem: USA-F Page 313 of 560 NX 3202 MT 3— 642 Technical specification Motor - General Motor number Phases N3202.185 30-18-6AA-W 3- 35hp ATEX approved Number of poles No 6 Frequency Rated voltage 60 Hz 460 V Version code 185 Motor - Technical Power factor - 1/1 Load 0.86 Power factor - 3/4 Load 0.83 Power factor - 1/2 Load 0.75 Motor efficiency - 1/1 Load 89.0 Motor efficiency - 3/4 Load 89.5 Motor efficiency - 1/2 Load 89.0 FLYGT a xylem brand Rated speed Rated power 1170 rpm 35 hp Rated current Stator variant 43 A 1 Insulation class Type of Duty H S1 Total moment of inertia Starts per hour max. 9.28 lb ft2 30 Starting current, direct starting 246 A Starting current, star -delta 82 A Project Fayetteville - Noland Large RAS Pump Created by ScottJones Block 0 Created on 5/5/2023 Last update 6/27/2023 Programversion D lave bn Userg—p(s) 68.0- 4212023(a111r1149) 6212023922 A6P6 Xylem: USA-IXT Page 314 of 560 NX 3202 MT 3— 642 Performance curve IF Duty point a xylem brand Flow Head 2800 US g. p.m. 33.7 ft Curves according to: Water, pureWater, pure [100%],39.2 °F,62.42 Ib/ft3,1.6891E-5 ft2/S [ff Head 84 .........._..... 80 _ _._..... 76 _..._..._.. 72 _.. _... _... _.. 64 60- 56- 52- 48- ..............._. 44— 81.2 e_ 40— 36— _ _.. _..._ _..._. _..... __ 33.7ft 32— _. _..._ _ _...... _.._ _ _... _. _...... 28— _..._. _..... 24 ...... 20— 42334mm 16— _.. _..._ 12 8 _.__.. __.... _..._. _._.... 0 [/0] Efficiency _..',....._ 0.erall Efficiency 75.4 70 _.. 65.3 60 ;_. 50 42 334mm 42 334mm 40 30 _..._..._........_.. 10 0 Power input P1 ................ 36.5 In[hP. Shaft power P2 32 31.6 h 28 24 20 16 [ff NPSHR-values --- - 42334mm- 28 _.... 24 20 8 2796 US g..m. 0 400 800 1200 1.0 2000 2400 2.0 3200 3600 [US g.p.m.] Nominal (mean) data shown. Under- and owr-performance from this data should be expected due to standard manufacturing tolerances. Please consult your local Hygt representative for performance guarantees. Curve: ISO 9906 Fayetteville - Noland Large RAS Pump Scott Jones 0 Created on 5/5/2023 Last update 6/27/2023 Prog—ersion Datversion Userg—p(s) 68.0- 4212023(a111r1149) 6212023922<6P6 Xyl—USA-D7 Page 315 of 560 NX 3202 MT 3- 642 Duty Analysis 3F a xylem brand Curves according to: Water, pure [100%] ; 39.27; 62.42lb/ft3; 1.6891E-5ft2/s [ft] Head 81. °o 33.7 42 334mm 81.2°0 81.2°° o 5 Ft Hz US g.p.m. Programversion Nlav bn Userg—p(s) 68.0- 4212023(a111r1149) 6212023922<6P6 Xylem:US4-DR Page 316 of 560 Programversion Nlav bn Userg—p(s) 68.0- 4212023(a111r1149) 6212023922<6P6 Xylem:US4-DR Page 316 of 560 NX 3202 MT 3- 642 VFD Curve 3F a xylem brand Curves according to: Water, pure,39.2 °F,62.42 Ib/ft3,1.6891E-5 ft2/s t1- Head 84 80 76 72 68 64 60 56 52 48 k-- 44 81.2°3_< 40 I 36 81.2° 32 81.2°0 28 ° 24 20 16 1.200 2 334 nrn 12 45 Hz 8 4 0 [%]--Ffficiency- 70 Overall 60 50 40 40 Hz rrrn 30 20 10 0 [h 30 Shaft ow r P2 2 334mm P2 25 55 Hz 20 15 10 5- IN 14PSHR-values 334mm 28 24 20 16 12 8 0 400 800 1200 1600 2000 2400 2800 3200 3600 [US g.p.m.1 Nominal (mean) data shown. Under- and over -performance from this data should be e)pected due to standard manufacturing tolerances. Curve: ISO 9906 Please consult your local Flygt representative for performance guarantees. Project Fayetteville - Noland Large RAS Pump Created by Scott Jones Block 0 Created on 5/5/2023 Last update 6/27/2023 Programversion D.la e-bn Usergroup(s) 68.0- 4212023(a111r1149) 6212023922 i8P6 Xylem: USA -Xr Page 317 of 560 NX 3202 MT 3- 642 VFD Analysis FLYGT a xylem brand Curves according to: Water, pure [100%]; 39.2°F; 62.42lb/ft3; 1.6891E-5ft2/s [ft] Head Specific energy- Programversion D.la e-bn Userg-p(s) 68.0- 4212023(a111r1149) 6212023922<8P6 Xylem: USA- EXi Page 318 of 560 NX 3202 MT 3- 642 VFD Analysis FLYGT a xylem brand Curves according to: Water, pure [100%]; 39.2°F; 62.42lb/ft3; 1.6891E-5ft2/s [ft] Head Specific energy— Programversion D.la e-bn Userg—p(s) 68.0- 4212023(a111r1149) 62D 12023922<8P6 Xylem: Page 319 of 560 NX 3202 MT 3- 642 Dimensional drawing FLYGT a xylem brand 31z 81 121 R I I � I lalar 45e MI6 (4, M?O 1 VIbIt (its) R17p 12)0 FXNX 3202 Mr 611. 51.15 20n20 d ou, 090,095,180,tea,�,9e0=ffM 7395376 a 3� Project Fayetteville - Noland Large RAS Pump Created by ScottJones Block 0 Created on 5/5/2023 Last update 6/27/2023 Programversion D lav—bn Usergroup(s) 68.0- 4212023(a111r1149) 6212023922 A6P6 Xylem: USA-e,7 Page 320 of 560 CITY OF FAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 13, 2024 TO: Mayor Jordan and City Council THRU: FROM: Mike Reynolds, Police Chief SUBJECT: Purchase of TruNarc Handheld Narcotics Analyzer RECOMMENDATION: CITY COUNCIL MEMO 2024-1686 Staff recommends approval of a resolution for the grant funded purchase of a TruNarc Handheld Narcotics Analyzer from Thermo Scientific Portable Analytical Instruments, Inc. via Government Services Administration (GSA) contract number GS-07F-6099R in the amount of $36,779.57 plus tax. BACKGROUND: On December 19, 2023, City Council approved Resolution 298-23 (attached) to accept a non -matching Public Safety Equipment Grant from the Arkansas Department of Public Safety in the amount of $40,365.58 for the Fourth Judicial District Drug Task Force (DTF) to purchase a handheld narcotics analyzer. DISCUSSION: As previously discussed with City Council, the use of illicit narcotics and opioids continues to skyrocket. Emerging lethal drugs like fentanyl and xylazine threaten public safety. To save lives and protect the investigating law enforcement officers, controlled and deadly substances need to be identified quickly, safely and accurately. Traditional methods of preliminary field identification require exposure as the law enforcement officer manipulates the potentially deadly substance. A handheld narcotics analyzer provides a much safer in - the -field identification method by reducing the exposure of the law enforcement officer to the substance. The TruNarc Handheld Narcotics Analyzer provided by Thermo Scientific Portable Analytical Instruments, Inc. has been the industry standard for well over a decade, and this analyzer is currently in use by numerous federal, state, county, and municipal law enforcement agencies throughout the country. The TruNarc Handheld Narcotic Analyzer has a proven track record in accuracy and dependability, and this analyzer will be an extremely valuable safety tool used by our officers investigating suspected drug traffickers. BUDGET/STAFF IMPACT: This is a budgeted purchase with non -matching grant funds provided by the Arkansas Department of Public Safety tracked via project number 32209.2301 in the City's project accounting system. This purchase has no impact on staffing. ATTACHMENTS: SRF (#3), Sales Quotation_001 (#4), GSA Contract _001 (#5), Resolution 298-23 _001 (#6) Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 321 of 560 == City of Fayetteville, Arkansas Y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2024-1686 Purchase of TruNarc Handheld Narcotics Analyzer A RESOLUTION TO APPROVE THE GRANT FUNDED PURCHASE OF A TRUENARC HANDHELD NARCOTICS ANALYZER IN THE AMOUNT OF $36,779.57 PLUS ANY APPLICABLE TAXES FROM THERMO SCIENTIFIC PORTABLE ANALYTICAL INSTRUMENTS, INC. WHEREAS, on December 19, 2023, the City Council approved Resolution 298-23 authorizing the acceptance of a non -matching Public Safety Equipment Grant from the Arkansas Department of Public Safety in the amount of $40,365.58 for the Fourth Judicial District Drug Task Force to purchase a handheld narcotics analyzer. 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 a TruNarc Handheld Narcotics Analyzer from Thermo Scientific Portable Analytical Instruments, Inc. in the amount of $36,779.57 plus any applicable taxes. Page 1 Page 322 of 560 City of Fayetteville Staff Review Form 2024-1686 Item ID 2/20/2024 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Mike Reynolds 1/26/2024 Submitted By Submitted Date Action Recommendation: POLICE (200) Division / Department Staff recommends approval of a resolution forth egrant funded purchase of a TruNarc Handheld Narcotics Analyzer from Thermo Scientific Portable Analytical Instruments, Inc. via Government Services Administration (GSA) contract number GS-07F-6099R in the amount of $36,779.57 plus tax. 2930.200.2960-5210.00 Account Number 32209.2301 Project Number Budgeted Item? Yes Budget Impact: Drug Enforcement Fund Police -Dept of Public Safety Equipment Grant 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 Project Title $ 40,366.00 $ 40,366.001 $ 36,779.57 3,S86.43 Purchase Order Number: Previous Ordinance or Resolution # V20221130 Change Order Number: Original Contract Number: Comments: Approval Date: Page 323 of 560 CITY OF W�g FAYETTEVILLE 419 �. ARKANSAS MEETING OF FEBRUARY 20, 2024 TO: Mayor and City Council FROM: Mike Reynolds, Chief of Police DATE: January 26, 2024 i CITY COUNCIL MEMO SUBJECT: Purchase of TruNarc Handheld Narcotics Analyzer RECOMMENDATION: Staff recommends approval of a resolution for the grant funded purchase of a TruNarc Handheld Narcotics Analyzer from Thermo Scientific Portable Analytical Instruments, Inc. via Government Services Administration (GSA) contract number GS-07F-6099R in the amount of $36,779.57 plus tax. BACKGROUND: On December 19, 2023, City Council approved Resolution 298-23 (attached) to accept a non -matching Public Safety Equipment Grant from the Arkansas Department of Public Safety in the amount of $40,365.58 for the Fourth Judicial District Drug Task Force (DTF) to purchase a handheld narcotics analyzer. DISCUSSION: As previously discussed with City Council, the use of illicit narcotics and opioids continues to skyrocket. Emerging lethal drugs like fentanyl and xylazine threaten public safety. To save lives and protect the investigating law enforcement officers, controlled and deadly substances need to be identified quickly, safely and accurately. Traditional methods of preliminary field identification require exposure as the law enforcement officer manipulates the potentially deadly substance. A handheld narcotics analyzer provides a much safer in -the -field identification method by reducing the exposure of the law enforcement officer to the substance. The TruNarc Handheld Narcotics Analyzer provided by Thermo Scientific Portable Analytical Instruments, Inc. has been the industry standard for well over a decade, and this analyzer is currently in use by numerous federal, state, county, and municipal law enforcement agencies throughout the country. The TruNarc Handheld Narcotic Analyzer has a proven track record in accuracy and dependability, and this analyzer will be an extremely valuable safety tool used by our officers investigating suspected drug traffickers. BUDGET/STAFF IMPACT: This is a budgeted purchase with non -matching grant funds provided by the Arkansas Department of Public Safety tracked via project number 32209.2301 in the City's project accounting system. This purchase has no impact on staffing. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Page 324 of 560 Attachments: Sales Quotation GSA #GS-07F-6099R Resolution #298-23 Page 325 of 560 Sales Quotation Quote Number Created Date Exp. Delivery Terms Page 00407566 01/2512024 ARO 1 / 8 Contact: Phone Payment Term Valid To Scott Fitzpatrick (979) 777-2874 Net 30 03/1512024 Inco Terme Shipping Method FOB Origin - Tewksbury, MA Fed Ex 2nd Day Submitted To: Jacob Lawson 4th Judicial District Drug Task Force 1800 N. Stephen Carr Memorial Blvd. Fayetteville, Arkansas 72701 United States Phone: Email: jlawson@fayetteville-ar.gov THANK YOU FOR YOUR INTEREST IN THERMO SCIENTIFIC INSTRUMENTATION GSA Contract No. GS-07F-6099R Contract period: March 26, 2010 - September 28, 2025 SIN 334519 SIN 339999E Thermo Scientific Portable Analytical Instruments Inc. 2 Radcliff Rd Tewksbury, Massachusetts 01876 United States To Place an Order: Contact: Scott Fitzpatrick' Phone: (979) 777-2874 Fax: Email: Scott.fltzpatrick@themiofisher.com Aamicnal uistructbns, terms a curd,11c, an lest; .i -i•: When placing a purchase order against this quote, please use the Mandatory PO language for state/local orders using the Cooperative Purchasing Program as follows: "This order Is placed under GSA contract number GS-07F-6099R under the authority of the GSA Cooperative Purchasing Program. In the event of a conflict between the terms of this order and those of the GSA Schedule, GSA's terms shall govern." Pos. Product Code Product Name List Price Disc % Sales Price Quantity Total Price 1.00 810-01462-01 TruNarc Solution Kit (Type H) - USD 704.00 0.00% USD 704.00 1.00 USD 704.00 100, English TruNarc Solution Kit (Type H) for identification of Heroin and other special narcotics. Kit includes 100 Test Sticks and 100 Open Market Item Solution Vials with Ethanol. Note that because of the Ethanol, this product ships as a Hazardous Goods shipment. The shelf life for Type H-sticks is approximately one year from shipment. 2.00 800-01045-01 TruNarc, Unlimited, Warranty - 5 USD 38,500.00 6.30% USD 36,076.57 1.00 USD 36,075.57 Yrs, Train-12 TruNarc Unlimited Model with 5 years of warranty. Includes factory repair, loaner units when available and 24/7 technical support. Companion PC TruNarc admin software, unlimited GSA Item access to TruNarc el -earning course and free basic software updates to core narcotics library are provided for the life of the When applicable, commodities, technology, or software to be provided In furtherance of this order shall be exported from the United States in accordance with applicable U.S export laws or regulations. Diversion contrary to US law prohibited. Unless otherwise agreed to In writing, Thermo Scientific Portable Analytical Instruments Inc. terms and conditions shall apply and take precedence. Page 326 Of 560 A pert ul: ThermoRshter Pagel /8 S r 1 F N T I F I r instrument. Includes TruNarc on -site Instrjct� �r led training for up to 12 students within the Continental United States (CONUS) - expires 9 months after date of purchase. Subtotal: USD 39,204.00 Discount: USD 2,424.43 Total: USD 36,779.57 Important Note: Please issue POs to Thermo Scientific Portable Analytical Instruments Inc Fede.rral Tax ID No.: 01-0650031 CAGE CODE: 392A9 DUNS #: 11-289-3131 Bank of America ABA# for Wire Payments: 026 009 593 Bank of America ABA# for ACH Payments: 111 000 012 Beneficiary Account Number: 4426843850 Whon applicable, commodities, technology, or toftware to be provided In furtherance of this order shall be exported from the United States in accordance with applicable U.S export laws or regulations. Diversion contrary to US law prohibited. Unless otherwise agreed to In writing, Thermo Scientific Portable Analytical Instruments Inc. terms and conditions shall apply and take precedence. ThertnoRsher Page 327 of 560 S C I E N T I F I C Page 21 a Acceptance of Purchase By signing below, you (1) warrant that you are an authorized representative of your company, (it) agree that the Thermo Scientific Portable Analytical I attached hereto (the "Terms and Conditions") shall supersede any preprinted terms and conditions, in their entirety, contained in any purchase order Conditions shall exclusively govern the transaction(s) contemplated hereby Signature of authorized company representative Lioneld Jordan Print Name Model # E-mail to: PAfGIab.3ICM At4niffSerP,.:, _, h1.1n]olrahcr.com Order Processing Address: scott.fitzpatrick@thermofisher.com Thermo Scientific Portable Analytical Instruments Inc 2 Radcliff Road Tewksbury, MA 01676 Payment Details Date Mayor Title Amount + S&H Fax to: 1-877.680-2568 479-575-8330 Phone# mayor@fayetteville-ar.gov Email Remit check Payment To: Thermo Scientific Portable Analytical Instruments Inc PO Box 415918 Boston, MA 02241-415918 Purchase Ordei Method of Payment Sales Tax Application ❑ Net 30 (Attach Credit Application & Credit References) []Yes Apply Sales Tax ❑ Credit Card ❑ No ❑ Check - If no, you must provide a copy of your tax exemption certificate along with your purchase order. El Wlre Transfer "Please contact your customer service representative with your credit card Information. (Do not send any credit card Info via email or fax.) - When applicable, commodities, technology, or software to be provided In furtherance of this order shall be exported from the United States in accordance with applicable U.S export laws or regulations. Diversion contrary to US law prohibited. Unless otherwise agreed to In writing, Thermo Scientific Portable Analytical Instruments Inc. terms and conditions shall apply and take precedence. page 328 of 560 err Thermo Fisher Page 3 iE S C I F N T I F I C Address Verification Please make corrections if necessary below: Bill to: Ship to: 1800 N. Stephen Carr Memorial Blvd. Fayetteville, Arkansas 72701 .72701 United States Additional Options / Accessories Please use the space below to note any additional options and/or accessories you wish to add from the attached sheets that are not Included in the above quotation. When applicable, commodities, technology, or software to be provided in furtherance of tills order shall be exported from the United States In accordance with applicable U.S export laws or regulations. Diversion contrary to US law prohibited. Unless otherwise agreed to in writing, Thermo Scientific Portable Analytical Instruments Inc. terms and conditions shall apply and take precedence. Page 32g Of 560 Therino Fisher S C I E N T I F I C Page 4/8 THERMO SCIENTIFIC PORTABLE ANALYTICAL INSTRUMENTS INC — TERMS AND CONDITIONS OF SALE Last revised November 2019 UNLESS OTHERWISE EXPRESSLY AGREED IN WRITING, ALL SALES ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: 1, QENEIJ , Thermo Scientific Portable Analytical Instruments Inc ("Seller") hereby offers fur sale to the buyer named on the, face hereof ("Buyer") the products listed on the face hereof (the "Products") on the express condition that Buyer agrees to accept and be bound by the terms and conditions set forth herein. Any provisions contained in any document Issued by Buyer are expressly rejected and If the terms and conditions In this agreement (the "Agreement") differ from the terms of Buyer's offer, this document shall be construed as a counter offer and shall nut be effective as an acceptance of Buyer's document. Buyer's receipt of Products or Seller's commencement or the services provided hereunder will constitute Buyer's acceptance or this Agreement. This is the complete and exclusive statement of the contract between Seller and Buyer with respect to Buyer's purchase of the Products. No waiver, consent, mortification, amendment or change of the terms contained herein shall be binding unless in writing and signed by Seller and Buyer. Seller's failure to object to terns contained In any subsequent communication from Buyer will not be a waiver or modification of the terms set forth herein. All orders are subject to acceptance In writing by an authorized representative of Seller. 2. Ma. All prices published by Seller or quoted by Seller's representatives may be changed at any time without notice. All prices quoted by Seller or Seller's representatives are valid for thirty (30) days, unless otherwise stated In writing. All prices for the Products will be as specified by Seller or, if no price has been specified or quoted, will be Seller's price in effect at the lime of shipment. All prices are subject to adjustment on account of specifications, quantities, raw materials, cost of production, shipment arrangements or other terms or conditions, which are not pars of Seller's original price quotation. 3. TAXES AND DTHER CHARGES. Prices for the Products exclude all sales, value added and other taxes and duties Imposed with respect to the sale, delivery, or use of any Products covered hereby, all of which taxes and duties must be paid by Buyer If Buyer claims any exemption, Buyer must providia a valid, signed certificate or letter of exempliun for each respective jurisdiction. Buyer shall be solely responsible for obtaining any and all necessary licenses, registrations, certificates, permits, approvals or other authorizations required by federal, state or local statute, law or regulation pertaining to the use or possession of the products contemplated herein that include radioactive isotopes, or x-ray lutres if any. Buyer shall pay Seller such surcharges, or other fees, in respect of the sale of Products hereunder as Seller deems necessary and appropriate (in Seller's sole, good-fai(h, reasonable discretion) to account for changes in the cost to product, develop, market, or sell the Products to Buyer hereunder (whether as the result of the imposition of tariffs or otherwise) All such surcharges must be paid by Buyer in accordance with the payment terms set forth herein. Buyer agrees that such surcharges, or other fees, or any termination thereof, shall take effect Immediately upon written notice thereor by Seller to Buyer. In the event that Seller's quote and/or order acknowledgement set forth surcharges, those documents shall be considered adequate written notice to Buyer that said surcharges are Buyer's responsibility. Any such surcharges shall not constitute an increase In the Price(s) of any Products or Services sold under this Agreement 4. IERM5S2f1AYMENI. Seller may inVolce Buyer upon shipment for the price and all other charges payable by Buyer in accordance with the terms on the face hereof. If no payment terms are stated on the face hereof, payment shall be net thirty (30) days from the date of invoice. If Buyer falls to pay any amounts when due, Buyer shall pay Seller interest thereon at a periodic rate of one and one-half percent (1.5%) per month (or, if lower, the highest rate permitted by law), together with all costs and expenses (including without limitation reasonable attorneys' fees and disbursements and court costs) incurred by Seller In collecting such overdue arnounts or otherwise enforcing Seller's rights hereunder. Seller reserves the right to require from Buyer full or partial payment in advance, or other security that is satisfactory to Seller, at any time that Seller believes in good faith that Buyer's financial condition does not justify the terms of payment specified. All payments shall be made In U.S. Dollars. 5. L)EUVERY CANCELLATION OR CHARGE BY BUYER. The Products will be shipped to the destination specified by Buyer. 17.0,13. shipping point. Seller will have the right, at its election, to make parlial shipments of the Products and to invoice each shipment separately. Seller reserves the right to stop delivery of Products In transit and to withhold shipments in whole or in part if Buyer fails to make any payment to Seller when due or otherwise fails to perform Its obligations hereunder. All shipping dates are approximate only, and Seller will not be liable for any loss or damage resulting from any delay in delivery or failure to deliver which is due to any cause beyond Seller's reasonable control. In the event of a delay due to any cause beyond Seller's reasonable control, Seller reserves the right to terminate the order or to reschedule the shipment within a reasonable period of time. and Buyer will not be entitled to refuse delivery or otherwise be relieved of any obligations as the result of such delay. Products as to which delivery is delayed due to any cause within Buyer's control may be placed in storage by Seller at Buyer's risk and expense and for Buyer's account. Orders in process may be canceled only with Seller's written consent and upon payment of Seller's cancellation charges. Orders in process may not be changed except with Seller's written consent and upon agreement by the parties as an appropriate adjustment In the purchase price therefor. Credit will not be allowed for Products returned without prior written consent of seller. 6. BET1RN_4F.P._R0D.UCISIRESIQLK1NSz.CIJA13GE. Buyer must obtain permission from Seller prior to returning Products The request must be received within ten (10) days of receipt of the Products. .Older items, service parts, and discontinued items cannot be returned for credit. In order to obtain a RMA number. Buyer must contact Seller's customer support, Seller, in Its discretion, may impose a twenty (20%) percent restocking charge of the price paid for any item authorized for return for credit 7. TITLE AND RISK_0E._ QSB. Notwithstanding the trade terms indicated above and subject to Seller's right to stop delivery of Products: in transit, title to and risk of loss of the Products will pass to Buyer upon delivery of possession of the Products by Seller to the carrier Irrespective of which Party's carrier is used for the transport or the manner of payment ascribed to the transport; provided, however, that title to any software Incorporated within or forming a part of the Products shall at all times remain with Seller or the licensor(s) thereof, as the case may be. 8. WARRANTY. Seller warrants that the Products will operate or perform substantially in conformance with Seller's published specifications and be free from defects In material and workmanship, when subjected to normal, proper and Intended usage by properly trained personnel, for the period of time set forth in the product documentation, published specifications or package Inserts. If a period of lime Is not specified in Seller's product documentation, published specifications or package inserts, the warranty period shall be one (1) year from the dale of shipment to Buyer for equipment and ninety (90) days for all other products (the `Warranty Period"). During the Warranty Period, Seller agrees, In Its sole discretion, to repair or replace, Products and/or provide additional parts or services as reasonably necessary to cause the sarne to perform in substantial conformance with said published specifications: provided that Buyer shall (a) promptly notify Seller In writing upon the discovery of any defect, which notice shall include the product model and serial number (if applicable) and details of the warranty claim; and (b) after Seller's review, Seller will provide Buyer with service data and /or a Return Material Authorization ("RMA), which may include biohazard decontamination procedures and other product -specific, handling instructions, then, if applicable, Buyer may return the defective Products P Seller with all costs prepaid by Buyer. Replacement parts may be new or refurbished, at the election of Seller. All replaced parts shall bocor'age 330 of 560 the property of Seller. Shipment to Buyer of repaired or replacement Products shall be made in accordance with the Delivery Provisions of the Seller's Terms and Conditions of Sale. Consumables are expressly excluded from this warranty If Seller elects to repair defective device instruments, Seller may, in its sole discretion, provide a replacement loaner instrument to Buyer as necessary for use while the instruments are being repaired. Notwithstanding the foregoing. Products supplied by Seller that are obtained by Seller from an original manufacturer or third party suppllor are not warranted by Seller, but Seller agrees to assign to Buyer any warranty rights in such Product that Seller may have from the uriginal manufacturer or third party supplier, to the extent such assignment Is allowed by such original manufacturer or third party supplier. In no event shall Seller have any obligation to make repairs, replacements or corrections required, in whole or In part, as Ilia result of (►) normal wear and tear, (ii) accident, disaster or event of force majeure, (III) misuse, fault or negligence of or by Buyer, (iv) use of the Products in a manner for which they were not designed, (v) causes external to the Products such as, but not limited to, power failure or electrical power surges, (vi) improper storage and handling of the Products or (vil) use of the Products in combination will) equipment or software not supplied by Seller. If Seller determines that Products for which Buyer has requested warranty services are not covered by the warranty hereunder, Buyer shall pay or reimburse Seiler for all costs of investigating and responding to such request at Seller's then prevailing time and materials rates. It Seller provides repair services or replacement parts that are not covered by this Warranty shall pay Seller therefor at Sellers then prevalling time and materials rates. ANY INSTALLATION, MAINTENANCE, REPAIR, SERVICE, RELOCATION OR ALTERATION TO OR OF, OR OTHER TAMPERING WITH, THE PRODUCTS PERFORMED BY ANY PERSON OR ENTITY OTHER THAN SELLER WITHOUT SELLER'S PRIOR WRITTEN APPROVAL, OR ANY USE OF REPLACEMENT PARTS NOT SUPPLIED BY SELLER, SHALL IMMEDIATELY VOID AND CANCEL ALL WARRANTIES WITH RESPECT TO THE AFFECTED PRODUCTS. THE OBLIGATIONS CREATED BY THIS WARRANTY STATEMENT TO REPAIR OR REPLACE A DEFECTIVE PRODUCT SHALL BE THE SOLE REMEDY OF BUYER IN THE EVENT OF A DEFECTIVE PRODUCT. EXCEPT AS EXPRESSLY PROVIDED IN THIS WARRANTY STATEMENT, SELLER DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE PRODUCTS, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. SELLER DOES NOT WARRANT THAT THE PRODUCTS ARE ERROR -FREE OR WILL ACCOMPLISH ANY PARTICULAR RESULT. 9.1. By $filler. Seller agrees to indemnify, defend and save Buyer, its officer, directors, and employees from and against any and all damages, Uabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limltation reasonable attorney's fees) ('Indemnified Items") for (►) injury to or death of persons or darnage to property to the extent caused by the negligence or willful misconduct of Seller, its employees, agents or representatives or contractors in connection with ll)e performance of services at Buyer's premises under this Agreement and (i►) claims that a Product infringes any valid United Stales patent, copyright or trade secret; provided, however, Seller shall have no liability under this Section to the extent any such Indemnified Items are caused by either (►) the negligence or willful misconduct of Buyer, its employees, agents or representatives or contractors, (ii) by any third party, (iii) use of a Product in combination with equipment or software not supplied by Seller where the Product would not itself be infringing, (iv) compliance with Buyer's designs. specifications or instructions, (v) use of the Product in an application or environment for which it was not designed or (A) modifications of the Product by anyone other than Seller without Seller's prior written approval. Buyer shall provide Seller prompt written notice of any third party clairn covered by Seller's Indemnification obligations hereunder. Seller shall have the right 10 assume exclusive control of the defense of such claim or, at the option of the Seller, to settle the same. Buyer agrees to cooperate reasonably with Seller in connection with the performance by Seller of its obligations in this Section. Notwithstanding the above, Soller's Infringement related indemnification obligations shall be extinguished and relleved If Seller, at its discretion and at Its own expense (a) procures for Buyer the right, at no additional expense to Buyer, to Continue using the Product; (b) replaces or modifies the Product so that It becomes non -infringing, provided the modification or replacement does not adversely affect the specifications of the Product; or (c) in the event(a) and (b) are not practical, refund to Buyer the amortized amounts paid by Buyer with respect thereto, based on a five (5) year amortization schedule. THE FOREGOING INDEMNIFICATION PROVISION STATES SELLER'S ENTIRE LIABILITY TO BUYER FOR THE CLAIMS DESCRIBED HEREIN. 9.2. By3W&. Buyer shall indemnify, defend with competent and experienced counsel and hold harmless:Saller, its parent, subsidiaries, affiliates and divisions, and their respective officers, directors, shareholders and employees, from and: against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (Including without limitation reasonable attorneys' fees and disbursements and court costs) to the extent arising from or in connection with (i) the negligence or willful misconduct of Buyer, its agents, employees, representatives or contractors; (ii) use of a Product in combination with equipment or software not supplied by Seller where the Product itself would not be Infringing; (Ill) Seller's compliance with designs, specifications or instructions supplied to Seller by Buyer; (iv) use of a Product in an application or environment for which it was not designed, or (v) modifications of a Product by anyone other than Seller without Seller's prior written approval 10. SOfMABE. With respect to any software products incorporated In or forming a part of the Products hereunder, Seller and Buyer Intend and agree that such software products are being licensed and not sold, and that the words "purchase", "sell" or similar or derivative words are understood and agreed to mean "license", and that the word "Buyer" or similar or derivative words are understood and agreed to mean "licensee". Notwithstanding anything to the contrary contained herein, Seller or its licensor, as (lie case may be, retains all rights and interest in software products provided hereunder. Seller hereby grants to Buyer a royalty -free, non-exclusive, nontransferable license, without power to sublicense, to use software provided hereunder solely for Buyer's own Internal business purposes on the hardware products provided hereunder and to use the related documentation solely for Buyer's own internal business purposes, This license terminates when Buyer's lawful possession of the hardware products provided hereunder ceases, unless earlier terminated as provided herein. Buyer agrees to fluid in confidence and not to sell, transfer, license, loan or otherwise make available in any form to third parties the software products and related documentation provided hereunder. Buyer may not disassemble, decompile or reverse engineer, copy, modify, enhance or otherwise change or supplement the software products provided hereunder without Seller's prior written consent. Seller will be entitled to terrninale this license If Buyer fails to comply with any form or condition herein. Buyer agrees, upon termination of this license, immediately to return to Seller all software products and related documentation provided hereunder and all copies and portions thereof 11. LIMLTAT1OlL4.LLIABII,II_Y. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE LIABILITY OF SELLER UNDER THESE TERMS AND CONDITIONS (WHETHER BY REASON OF BREACH OF CONTRACT, TORT, INDEMNIFICATION, OR OTHERWISE, BUT EXCLUDING LIABILITY OF SELLER FOR BREACH OF WARRANTY (THE SOLE REMEDY FOR WI ilCi-I SHALL BE AS PROVIDED UNDER SECTION tf ABOVE)) SHALL NOT EXCEED AN AMOUNT EQUAL TO THE LESSER OF (A) THE TOTAL PURCHA PRICE THERETOFORE PAID BY BUYER TO SELLER WITH RESPECT TO THE PRODUCT(S) GIVING RISE TO SUCI I LIABILITY OR B ge 331 of 560 ONE MILLION DOLLARS ($1,000,000). NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL SELLER BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF USE OF FACILITIES OR EQUIPMENT, LOSS OF REVENUE, LOSS OF DATA, LOSS OF PROFITS OR LOSS OF GOODWILL), REGARDLESS OF WHETHER SELLER (a) HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR (b) IS NEGLIGENT 12. EXPQRLRESIRLGTLQd_S. Buyer acknowledges that each Product and any related software and technology, including technical information supplied by Seller or contained in documents (collectively "Items'), is subject to export controls of tiie U.S. government. The export controls may include, but are not limited to, those of the Fxport Administration Regulations of the U.S. Department of Commerce (the "EAR'), which may restrict or require licenses for the export of Items from the United States and their re-export from other countries. Buyer shall comply with the EAR and all other applicable laws, regulations, laws, treaties, and agreements relating to the export, re-export, and import of any Item. Buyer shall not, without first obtaining the required license to do so from the appropriate U.S. government agency; (i) export or re-export any Item, or (il) export, re-export, distribute or supply any Item to any restricted or embargoed country or to a person or entity whose privilege to participate in exports has been denied or restricted by the U.S. government. Buyer shall, If requested by Seller, provide information on the end user and end use of any Item exported by the Buyer or to be exported by the Buyer. Buyer shall cooperate fully with Seller in any official or unofficial audit or inspection related to applicable export or Import control laws or regulations, and shall Indemnify and hold Seller harmless from, or in connection with, any violation of this Section by Buyer or its employees, consultants, or agents 13. LAZALt( _US MA1 LRIALS. Some Products may require special packaging, labeling, marking and handling. Carriers may add additional freight charges for the handling or transporting of these materials. The consolidating of such material with other Products may be prohibited. Additional freight charges will be billed per Seller's shipping terms. Be sure to advise Seller of shipping instructions for these hazardous materials to reduce your freight costs 14. MISCELLANEOUS. (a) Buyer may not delegate any duties nor assign any rights or claims hereunder without Seller's prior written consent, and any such attempted delegation or assignment shall be void. (b) The rights and obligations cif the parties hereunder shall be governed by and construed In accordance with the laws of the Stale of Soller's manufacturing location, without reference to its choice of law provisions. Each party hereby irrevocably consents to the exclusive jurisdiction of the state and federal courts located in the county and state of Seller's manufacturing location, in any action arising out of or relating to this Agreement. (c) Both parties waive any right they may have under applicable law or otherwise to a right to a trial by Jury. Any action arising under this Agreement must be brought within one (1) year from the date that the cause of action arose. (d) The application to this Agreement of the U.N. Convention on Contracts for the International Sale of Goods is hereby expressly excluded. (a) In the event that any one or more provisions contained heroin shall be held by a court of competent jurisdiction to be invalld, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein shall remain in full force and effect, unless the revision materlally changes the bargain. (f) Seller's failure to enforce, or Seller's waiver of a breach of, any provision contained herein shall not constitute a waiver of any other breach or of such provision. (g) Unless otherwise expressly stated on the Product or in the documentation accompanying the Product, the Product is Intended for non -clinical, non -diagnostic, non -therapeutic use only and is not to bo used for any other purpose, Including without Iimltation, unauthorized commercial uses, in vitro diagnostic uses, ex vivo or in vivo therapeutic uses, or any type of consumption by or application to humans or animals. (h) Buyer agrees that all pricing, discounts and technical information that Seller provides to Buyer are the confidential and proprietary information of Seller. Buyer agrees to (1) keep such information confidential and not disclose such information to any third party, and (2) use such Information solely for Buyer's internal purposes and In connection with the Products supplied hereunder. Nothing herein shall restrict the use of information available to the general public (i) Any notice or communication required or permitted hereunder shall be in writing and shall be doorned received when personally delivered or three (3) business days after being sent by certified mail, postage prepaid, to a party at the address specified herein or at such other address as either party may from time to time designate to the other 0) Seller hereby rejects and disclaims any rights of Buyer contained, or obligations imposed upon Seller. In any document provided, referenced or otherwise submitted by Buyer, in each case, that Seller has not expressly included in these (terms and conditions] or a writing manually executed by Seller (including, without limitation, any rights of Buyer in respect of designs, specifications, source code or intellectual property, owned, created, developed or licensed, by Seller; any rights to items or services not specifically identified in Seller's quotation; any audit rights or financial offset rights of Buyer; any penalties or liquidated damages imposed upon Seller; any obligation by Seller to comply with Health Insurance Portability and Accountability Act of 1996 (as amended), Current Good Manufacturing Practice regulations (as amended), the requirements, as amended, of the Cusloms•Trade Partnership Against Terrorism or any code of conduct, quality program, Information security program, background or drug screening program or other guidelines, programs or policies, In each case, promulgated or required by Buyer; any obligation that Seller comply with any law that, under law, would not otherwise apply to Seller in respect of the transaction(s) contemplated hereby; any right of Buyer to withhold all, or any portion, of tfie purchase price of any products or services provided hereunder for any period of time; any right of Buyer, itself or through any third party, to remediate any defects in, replace or re -perform, any products or services provided hereunder at Seller's cost or expense; any obligation of Seller to waive, or require its insurers to waive, any rights of subrogation; any obligation of Seller that would impair, restrict or prohibit Seller's ability to freely conduct any business with any person or in any geography or market; any early -payment, or other, discount; any obligation of Seller to maintain a supply of spares, or otherwise make any services available, for any particular period of (ime; any represent a lion, warranty or other obligation of Seller to provide pricing comparable to, or more favorable than, the pricing that Seller provides to others; any restriction of, or prohibition on, Seller's ablIfy to modify, change or discontinue any of its products, processes or services; or any waiver by Seiler of any right to enforce any of the terms hereof). 15. 5_QETWARE-AS-A- RVJ.QE_TRANSAQ_TLQM. IF YOU ARE PURCHASING ANY PRODUCTS PROVIDED BY SELLER HEREUNDER AND DESCRIBED IN THE RELEVANT QUOTATION OR PURCHASE ORDER AS A SUBSCRIPTION TO ANY THERMO FISHER SOFTWARE -AS -A -SERVICE OFFERING (ANY SUCH PRODUCT, HEREINAFTER, A "SUBSCRIPTION -),THEN IN RESPECT OF SUCH SUBSCRIPTION(S) ONLY (a) The following terms and conditions of this Agreement shall not apply: Sections 6-7, 9.1, and 13. (b) The following terms and conditions of this Agreement shall be modified as set forth below: (i) Section 5 shall be replaced In Its entirely with the following: 5. CANCL-LLATION OR C AANQEs-By-B.UyL-R, Seller reserves the right to suspend or terminate the Buyer's Subscription($), in whole or In part, if Buyer fails to make any payment to Seller when due, otherwise fails to perform Its obligations hereunder, or falls to comply with the Seller's Terms of Use agreement agreed to by Buyer and governing Buyer's use of the Subscription(s), as in effect from time to time (the "Terms of Use"). Seller will not be liable for any loss or damage resulting from any delay in activation of the Subscription(s) or failure to activate the Subscription(s) which is due to any cause beyond Seller's reasonable control. In the event of a delay due to any cause beyond Seller's reasonable control, Seller reserves the right to terminate the order or to reschedule ge 332 Of 560 activation of the Subscription(s) within a reasonable period of time, and Buyer will not be entitled to refuse payment or otherwise rellovod of any obligations as the result of such delay. Orders In process may be canceled only with Seller's written consent and unon payment of Seller's cancellation charges. Orders in process may not be changed except with Seller's written consent and upon agreement by the parties as an appropriate adjustment in the purchase price therefor. (ii) Section 8 shall be replaced in its entirety with the following: 8. WARRANTY. BUYER AGREES AND ACKNOWLEDGES THAT THE SUBSCRIPTIONS ARE SOLD "AS -IS", WITIA NO WARRANTIES EXPRESSED OR IMPLIED. SELLER DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, ORAL OR WRITTEN, WITH RESPECT TO THE SUBSCRIPTIONS, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. (Ili) Section 10 shall be replaced in its entirety with the following: 10. 1OF TWAK. This Agreement shall not be construed to grant to Buyer any patent license, know-how license or any other rights except as specifically provided herein. Buyer agrees and acknowledges that, by virtue of its purchase of the Subscriptions hereunder, it does not acquire any Intellectual property rights (whether by license, assignment, or otherwise) of Seller, including without limilalion any rights to the Subscriptions or related software or hardware systems (except for the limited right to use the Subscription subject to the terms and conditions set forth herein). Buyer shall not reverse engineer or copy the design, algorithms, or code, or any components thereof, of any Information related to the Subscriptions for any purpose. (iv) In Section 11, the language "ONE MILLION DOLLARS ($1,000,000)" shall be replaced with "TEN THOUSAND DOLLARS ($10,000)", (c) The following additional terms and conditions shall apply TERMS OF USE. Buyer hereby acknowledges and agrees that it shall comply with all terms and conditions of the Terms of Use, and that Buyer's use of the Subscription In violation of any such terms and/or conditions shall entitle Seller, without prejudice to any other remedies that may he available to Seller at law or in equity, to terminate Buyer's use of the Subscription(s) effective immediately. Buyer further agrees and acknowledges that it shall not be entitled to any refund of any portion of the purchase price paid in respect of Subscription(s) cancelled by Seller pursuant to Seller's rights under this Section and/or the Terms of Use. Buyer's rights to use these Subscription will begin upon Sellers transmission to Buyer of Subscription link and end 12 months from this date unless otherwise terminated by Seller. In the event of any conflict between this Agreement and the Terms of Use, the Terms of Use shall control. Page 333 of 560 GENERAL SERVICES ADMINISTRATION FEDERAL SUPPLY SERVICE AUTHORIZED FEDERAL SUPPLY SCHEDULE CATALOG/PRICE LIST Multiple Award Schedule Security and Protection - Protective and Testing Equipment Thermo S C I E N T I F I C Contract Number: GS-07F-6099R Period Covered by Contract: September 29, 2020 THROUGH September 28, 2025 Contract Administrator: Annette Blumer Telephone: (315) 516-4813 Fax: (978) 670-7430 THERMO SCIENTIFIC PORTABLE ANALYTICAL INSTRUMENTS INC. 2 Radcliff Road Tewksbury, MA 01876 Contract Holder Business Size: Large Effective through Modification PS-0125, dated February 7, 2023 I On-line access to contract ordering information, terms and conditions, up-to-date pricing, and the option to create an electronic delivery order are available through GSA Advantage!, a menu -driven database system. The INTERNET address for GSA Advantage! is: http://GSAAdvantage.gov. Page 334 of 560 Table of Contents GeneralTerms and Conditions: ..................................................................................................................................................... 3 1a. Awarded Special Item Numbers (SIN).................................................................................................................................3 1b. Lowest Priced Model Number and Price for each SIN......................................................................................................3 2. Maximum Order................................................................................................................................................................3 3. Minimum Order................................................................................................................................................................3 4. Geographic Coverage........................................................................................................................................................3 5. Points of Production.........................................................................................................................................................3 6. Basic Discount...................................................................................................................................................................3 7. Quantity Discount.............................................................................................................................................................3 8. Prompt Payment Terms..................................................................................:.................................................................4 9. Foreign Items....................................................................................................................................................................4 10a. Time of Delivery ................................................................................................................................................................4 10b. Expedited Delivery ............................................................................................................................................................4 10c. Overnight and 2-Day Delivery ...........................................................................................................................................4 10d. Urgent Requirements........................................................................................................................................................4 11. FOB Point.................................................................................................. - d 12a. Ordering Address..............................................................................................................................................................4 12b. Ordering Procedures.........................................................................................................................................................4 13. Payment Address..............................................................................................................................................................4 14. Warranty Provision...........................................................................................................................................................4 15. Export Packing Charges.....................................................................................................................................................4 16. Terms and Conditions Applicable to Rental, Maintenance and Repair............................................................................4 17. Terms and Conditions Applicable to Installation..............................................................................................................4 18a. Terms and Conditions Applicable to Repair Parts.............................................................................................................4 18b. Terms and Conditions Applicable to any other Services...................................................................................................4 19. List of Service and Distribution points..............................................................................................................................4 20. List of Participating Dealers..............................................................................................................................................4 21. Preventative Maintenance................................................................................................................................................4 22a. Environmental Attributes e.g., recycled, content, energy efficiency, and/or reduced Pollutants...................................4 22b. Section 508 Compliance Information................................................................................................................................4 23. Unique Entity Identifier (UEI) number: ............................................................................................................................. 4 24. Notification regarding registration in System for Award Management (SAM) database.................................................4 GSAPricing......................................................................................................................................................................................................5 GS-07F-6099R Effective through Modification PS-0125, dated February 7, 2023 Page 2 Page 335 of 560 Thermo Scientific Portable Analytical Instruments Inc. Information for Ordering Activities General Terms and Conditions: la. Awarded Special Item Numbers (SIN): SIN Description 334519 ru®® Bomb and Hazardous Material Disposal; Metal and Bomb Detection - Includes products necessary for bomb and hazardous material disposal, including protective and detective equipment. NOTE: (1) Subject to Cooperative Purchasing. (2) State and units of local government having a certified State Point of Contact may use the 1122 Program to purchase products under this SIN. KM 339999E PARCH PuRcii Evidence Collection and Investigative Equipment and Supplies - Includes evidence collection and investigative equipment, such as supplies for finger/palmprinting, forensic investigation, lie detectors, evidence collection containers, etc. NOTE: (1) Subject to Cooperative Purchasing. (2) State and units of local government having a certified State Point of Contact may use the 1122 Program to purchase products under this SIN. OLM Pu®® OLMs are supplies and/or services acquired in direct support of an individual task or delivery order placed against a Schedule contract or BPA. OLM pricing is not established at the Schedule contract or BPA level, but at the order level. Since OLMs are identified and acquired at the order level, the ordering contracting officer (OCO) is responsible for making a fair and reasonable price determination for all OLMs. OLMs are procured under a special ordering procedure that simplifies the process for acquiring supplies and services necessary to support individual task or delivery orders placed against a Schedule contract or BPA. Using this new procedure, ancillary supplies and services not known at the time of the Schedule award may be included and priced at the order level. 1b. Lowest Priced Model Number and Price for each SIN: SIN Part No. GSA Net Price_ 334519 820-00237-GM $2,492.49 339999E 820-01026-01 $157.42 2. Maximum Order: All SINs $250,000.00 per SIN/per order If the "Best Value" selection places your order over this Maximum Order, you have an opportunity to obtain a better schedule contract price. Before placing your order, contact the aforementioned contractor for a better price. The contractor may (1) offer a new price for this requirement (2) offer the lowest price available under this contract or (3) decline the order. A delivery order that exceeds the maximum order may be placed under the Schedule contract in accordance with FAR 8.404. 3. Minimum Order: $100.00 4. Geographic Coverage: Worldwide S. Points of Production: Tewksbury, MA (Middlesex County) 6. Basic Discount: Prices shown herein are GSA Net 7. Quantity Discount(s): Additional 1% for any order of 6+ Units GS-07F-6099R Effective through Modification PS-0125, dated February 7, 2023 Page 3 Page 336 of 560 Thermo $ C t E N T l r 1 C Thermo Scientific Portable Analytical Instruments Inc. 8. Prompt Payment Terms: NET 30 Days 9. Foreign Items: None 10a. Time of Delivery: 90 Days ARO 10b. Expedited Delivery: Contact Contractor loc. Overnight and 2-Day Delivery: Contact Contractor's Representative for available rates 10d. Urgent Requirements: Agencies can contact the contact Contractor's representative to affect a faster delivery. 11. FOB Point 12a. Ordering Address: 12b. Ordering Procedures: 13 14. 15. 16. 17. 18a. 18b. 19. 20. 21. 22a. 22b. 23. 24. Payment Address: Customers are encouraged to contact the contractor for the purpose of requesting accelerated delivery. CONUS - FOB Origin, Prepaid and Allowed OCONUS - FOB Origin, Prepay and ADD Thermo Scienitific Portable Analytical Instruments Inc. 2 Radcliff Road Tewksbury, MA 01876 Tel: (315) 516-4813 Fax: (978) 670-7430 For supplies and services, the ordering procedures, information on Blanket Purchase Agreements (BPA's), and a sample BPA can be found at the GSA/FSS Schedule homepage (fss.gsa.gov/schedules). Thermo Scientific Portable Analytical Instruments Inc. PO Box 415918 Boston MA 02241-5918 Warranty Provision: Standard Commercial - Contact Contractor for a copy of the warranty Export Packing Charges: N/A Terms and Conditions Applicable to Rental, Maintenance and Repair: N/A Terms and Conditions Applicable to Installation: N/A Terms and Conditions Applicable to Repair Parts: N/A Terms and Conditions Applicable to any other Services: N/A List of Service and Distribution points: N/A List of Participating Dealers: Preventative Maintenance: N/A Environmental Attributes e.g., recycled, content, energy efficiency, and/or reduced Pollutants: N/A Section 508 Compliance Information: N/A Unique Entity Identifier (UEI) number: G9NEBUJJYEI3 Notification regarding registration in System for Award Management (SAM) database: Registered GS-07F-6099R Effective through Modification PS-0125, dated February 7, 2023 Page 4 Page 337 of 560 Thermo Scientific Portable Analytical Instruments, Inc. Authorized FAS GSA Schedule Pricelist SIN Part no Product Name Product Description GSA Price TruNarcUnllmited 339999E 800-01011-01 TruNarc, Unllmited, Warranty -1 Yr TruNarc Unlimited Model with 1 year of warranty. Includes factory repair, loaner units when $ 25,768.26 available and 24/7 technical support. Companion PC TruNarc admin software, unlimited access to TruNarc eLearning course and free basic software updates to core narcotics library 339999E 800-01012-01 TruNarc, Unlimited, Warranty- 2 Yrs TruNarc Unlimited Model with 2 years of warranty. Includes factory repair, loaner units when $ 28,017.13 available and 24/7 technical support. Companion PC TruNarc admin software, unlimited access to TruNarc eLearning course and free basic software updates to core narcotics library 339999E 800-01013-01 TruNarc, Unlimited, Warranty - 3 Yrs TruNarc Unlimited Model with 3 years of warranty. Includes factory repair, loaner units when $ 30,078.59 available and 24/7 technical support. Companion PC TruNarc admin software, unlimited access to TruNarc eLearning course and free basic software updates to core narcotics library are provided for the life of the Instrument. 339999E 800-01014-01 TruNarc, Unlimited, Warranty - 4 Yrs TruNarc Unlimited Model with 4 years of warranty. Includes factory repair, loaner units when $ 31,109.32 available and 24/7 technlcal support. Companion PC TruNarc admin software, unlimited access to TruNarc eLearning course and free basic software updates to core narcotics library are provided for the life of the Instrument. 339999E 800-01015-01 TruNarc, Unlimited, Warranty-5 Yrs TruNarc Unlimited Model with 5 years of warranty. Includes factory repair, loaner units when $ 33,077.08 available and 24/7 technical support. Companion PC TruNarc admin software, unlimited access to TruNarc eLearning course and free basic software updates to core narcotics library are provided for the life f the Instrument. 339999E 800-01041-01 TruNarc, Unlimited, Warranty -1 Yr, TruNarc Unlimited Model with 1 year of warranty. Includes factory repair, loaner units when $ 29,047.86 Traln-12 available and 24/7 technical support. Companion PC TruNarc admin software, unlimited access to TruNarc eLearning course and free basic software updates to core narcotics library are provided for the life of the Instrument. Includes TruNarc on -site Instructor led training for up to 12 339999E 800-01042-01 TruNarc, Unlimited, Warranty - 2 Yrs, TruNarc Unlimited Model with 2 years of warranty. Includes factory repair, loaner units when $ 30,172.29 Traln-12 available and 24/7 technical support. Companion PC TruNarc admin software, unlimited access to TruNarc eLearning course and free basic software updates to core narcotics library are provided for the life of the Instrument. Includes TruNarc on -site instructor led training for up to 12 s. 339999E 800-01043-01 TruNarc, Unlimited, Warranty - 3 Yrs, TruNarc Unlimited Model with 3 years of warranty. Includes factory repair, loaner units when $ 32,702.27 Traln-12 available and 24/7 technical support. Companion PC TruNarc admin software, unlimited access to TruNarc eLearning course and free basic software updates to core narcotics library are provided for the life of the Instrument. Includes TruNarc on -site Instructor led training for up to 12 339999E 800-01044-01 TruNarc, Unlimited, Warranty - 4 Yrs, TruNarc Unlimited Model with 4 years of warranty. Includes factory repair, loaner units when $ 33,920.40 Traln-12 available and 24/7 technical support. Companion PC TruNarc admin software, unlimited access to TruNarc eLearning course and free basic software updates to core narcotics library are provided for the life of the Instrument. Includes TruNarc on -site Instructor led training for up to 12 ts. 339999E 800-01045-01 TruNarc, Unlimited, Warranty - 5 Yrs, TruNarc Unlimited Model with 5 years of warranty. Includes factory repair, loaner units when $ 36,075.57 Traln-12 available and 24/7 technical support. Companion PC TruNarc admin software, unlimited access to TruNarc eLearning course and free basic software updates to core narcotics library are provided for the life of the Instrument. Includes TruNarc on -site Instructor led training for up to 12 TruNarc ILUMMIted Ware 339999E 820-01051-01 TruNarc, Unlimited, Warranty Renewal -1 Yr TruNarc Warranty for 1 year for unlmlted units (for Instruments up to Sth year). Includes factory $ 1,770.98 repair, loaner units when available and 24/7 technical support. Companion PC TruNarc admin software, unlimited access to TruNarc eLearning course and free basic sofware updates to core narcotics library 339999E 820-01052-01 TruNarc, Unlimited, TruNarc Warranty for 2 years for unlimited units (for Instruments up to 5th year). Includes factory $ 3,476.37 Warranty Renewal - 2 Yrs repair, loaner units when available and 24/7 technical support. Companion PC TruNarc admin software, unlimited access to TruNarc eLearning course and free basic software updates to core narcotics library are provided for the life of the Instrument. 339999E 820-01053-01 TruNarc, Unlimited, TruNarc Warranty for 3 years for unlimited units (for Instruments up to Sth year). Includes factory $ 5,270.78 Warranty Renewal - 3 Yrs repair, loaner units when available and 24/7 technical support. Companion PC TruNarc admin software, unlimited access to TruNarc eLearning course and free basic software updates to core narcotics library are Provided for the life ofthe instrument. 339999E 820-01054-01 TruNarc, Unlimited, TruNarc Warranty for 4 years for unlimited units (for Instruments up to Sth year). Includes factory $ 7,191.69 Warranty Renewal - 4 Yrs repair, loaner units when available and 24/7 technical support. Companion PC TruNarc admin software, unlimited access to TruNarc eLearning course and free basic software updates to core narcotics llbrary are Provided for the life of the Instrument. 339999E 820-01055-01 TruNarc, Unlimited, TruNarc Warranty for 5 years for unlimited units (for Instruments up to Sth year). Includes factory $ 8,925.19 Warranty Renewal - 5 Yrs repair, loaner units when available and 24/7 technical support. Companion PC TruNarc admin software, unlimited access to TruNarc eLearning course and free basic software updates to core narcotics library re Provided for the life of the Instrument. 339999E 820-00333-01 TruNarc, Unlimited, TruNarc, Unlimited, 1-yearwarranty extension between Year 6 and 11 $ 1,845.94 Warranty extenslon 339999E 820-01026-01 TruNarc, Unlimited, Warranty Renewal - 1 TruNarc, Unlimited, Warranty Renewal -1 Month $ 157.42 Month TruNarc Training GS-07F-6099R Effective through Modification PS-0125, dated February 7, 2023 Page 338 of 560 Page 5 Thermo Scientific Portable Analytical Instruments, Inc. Authorized FAS GSA Schedule Pricelist SIN Part no Product Name Product Description GSA Price 339999E 820-01031-01 TruNarc Tralning TruNarc on -site Instructor led training for up to 12 students. $ 3,298.34 On -Site, up to 12 Students FlrstDefender RM Instrument I Sray Boot 334519 800-00171-01 FirstDefender RM S1, English, Gray Boot FirstDefender RM Handheld Identification system for solids and liquids, Includes 1 year warranty $ 64,186.40 and support and On -site training 334519 800-00172-01 FirstDefender RM 52, English, Gray Boot FlrstDefender RM Handheld Identification system for solids and liquids, includes 2 warranty $ 68,028.21 years and support and On -site training 334519 800-00173-01 FirstDefender RM 53, English, Gray Boot FirstDefender RM Handheld Identification system for solids and liquids, Includes 3 years warranty $ 73,088.16 and support and On -site training 334519 800-00174-01 FlrstDefender RM S4, English, Gray Boot FlrstDefender RM Handheld Identification system for solids and liquids, Includes 4 years warranty $ 77,117.38 and support and on -site training 334519 800-00175-01 FlrstDefender RM S5, English, Gray Boot FirstDefender RM Handheld identification system for solids and liquids, Includes 5 warranty $ 80,490.68 years and support and On-slte training 334519 800-00492-01 FlrstDefender RM S2-T, English, Gray Boot FlrstDefender RM - Rugged handheld chemical Identification system. Including 2 year Warranty $ 66,154.16 and Support. This part number does not Include on -site training. FlrstDefender RM Instrument Orange Boot 334519 800-00661-01 FirstDefender RM 51, English, Orange Boot FirstDefender RM - Rugged handheld chemical Identification system. Including 1 year Warranty, 1 $ 64,186.40 year Support, On -site Training (expires 9 months after date of purchase). Extended Libraries. 334519 800-00662-01 FirstDefender RM 52, English, Orange Boot FirstDefender RM - Rugged handheld chemical Identification system. Including 2 years Warranty, 2 $ 68,028.21 years Support, On -site Training (expires 9 months after date of purchase). Extended Libraries. 334519 800-00663-01 FlrstDefender RM S3, English, Orange Boot FirstDefender RM - Rugged handheld chemical Identification system. Including 3 years Warranty, 3 $ 73,088.16 years Support, On -site Training (expires 9 months after date of purchase). Extended Libraries, 334519 800-00664-01 FlrstDefender RM S4, English, Orange Boot FlrstDefender RM - Rugged handheld chemical Identification system. Including 4 years Warranty, 4 $ 77,117.38 years Support, On -site Training (expires 9 months after date of purchase). Extended Libraries. 334519 800-00665-01 FlrstDefender RM S5, English, Orange Boot FlrstDefender RM - Rugged handheld chemical identification system. Including 5 years Warranty, 5 $ 80,490.68 years Support, On -site Training (expires 9 months after date of purchase). Extended Libraries. 334519 800-00681-01 FlrstDefender RM SI-T, English, Orange Boot FlrstDefender RM - Rugged handheld chemical identification system. Including 1 year Warranty $ 63,249.37 and Support. This part number does not Include on -site training. 334519 800-00682-01 FlrstDefender RM 52-T, English, Orange Boot FirstDefender RM - Rugged handheld chemical Identification system. Including 2 years Warranty $ 66,154.16 and SuoDort. This part number does not include on -site training. FlrstDefender RM Support 334519 820-00106-RM FlrstDefender RM Support - 1 Year 1 Year Extension of Support $ 334519 820-00109-RM FirstDefender RM Support - 2 Years 2 Year Extension of Support 4.029.22 $ 7,730.48 334519 820-00022-RM FlrstDefender RM Support - 3 Years 3 Year Extension of Su Support 48 $ 1,730.22 334519 820-00112-RM FirstDefender RM Support - 4 Years 4 Year Extension of Support $ 12,930.98 334519 820-00129-RM FirstDefender RM Support - 5 Years 5 Year Extension of Support $ 14,195.97 334519 820-00237-RM FlrstDefender RM Software -Only - 1 Year FlrstDefender RM Software OnlyAppilcation and Library $ 2,689.27 FlrstDefender RM WarrantV 334519 820-00107-RM FlrstDefender RM Warranty -1 Year 1 Year Extension of Warrant $ 2,604.94 334519 820-00110-RM FlrstDefender RM Warrant - 2 Years 2 Year Extension of Warrant $ 5 334519 920-DD023-RM FlrstDefender RM Warranty - 3 Years 3 Year Extension of Warranty 762.72 $ 334519 820-00113-RM FlrstDefender RM Warrant - 4 Years 4 Year Extension of Warranty$ 946398 334519 820-00116-RM FirstDefender RM Warranty - Years 4 & 5 2 Year Extension of Warranty for Years 4 & 5 13 399.50 $ 8.620.65 334519 820-00125-RM FirstDefender RM Warrant - Year 4 or 5 1 Year Extension of Warrant for Year 4 $ 4,591.44 334519 820-00130-RM FlrstDefender RM Warrant -5 ears 5 Year Extension of Warranty$ 1 334519 820-00317-01 FirstDefender RM warrant extension FirstDefender RM One Year warran extension between year 6 and 11 7,381.86 $ FlrstDefender RM Warta Su rt ,381.6 334519 820-00105-RM FirstDefender RM 1 Year Extension of Warranty & Support $ 6,254.66 Warranty/support - 1 Year 334519 820-00108-RM FlrstDefender RM 2 Year Extension of Warranty & Support $ 12,275.06 Warranty/Support - 2 Years 334519 820-00021-RM FlrstDefender RM 3 Year Extension of Warranty & Support $ 17,335.01 Warranty/Support - 3 Years 334519 820-00111-RM FlrstDefender RM 4 Year Extension of Warranty & Support $ 21,364.23 Warran Su ort-4Years 334519 820-00128-RM FirstDefender RM 5 Year Extension of Warranty & Support $ 25,206.05 Warranty/Support - 5 Years 334519 820-0031MI FirstDefender RM support extension FirstDefender RM One Year support extension between year 6 and 11 $ 2,979.75 FlrstDefender RM Wam SupporvTraining 334519 820-00131-RM FirstDefender RM Warranty/Support/Training 1 Year Extension of Warranty and Support, and (1) 4 hour On -Site Refresher Training Class at end $ 10,354.16 1 year of first year 334519 820-00132-RM FlrstDefender RM Warranty/Support/TrainIng 2 Year Extension of Warranty and Support, and (2) 4 hour On -Site Refresher Training Classes at $ 16,070.03 2 years end of first vear 334519 820-00133-RM FlrstDefender RM Warranty/Support/Training 3 Year Extension of Warranty and Support, and (3) 4 hour On -Site Refresher Training Classes at $ 21,083.12 3 years end of first year 334519 820-00134-RM FirstDefender RM Warranty/Support/Training 4 Year Extension of Warranty and Support, and (4) 4 hour On -Site Refresher Training Classes at $ 24,924.94 4 years end of first year GS-07F-6099R Effective through Modification PS-0125, dated February 7, 2023 Page 339 of 560 Page 6 Thermo Scientific Portable Analytical Instruments, Inc. Authorized FAS GSA Schedule Pricelist SIN Part no Product Name Product Description GSA Price 334519 820-00135-RM FlrstDefender RM Warranty/Support/Training 5 years 5 Year Extension of Warranty and Support, and (5) 4 hour On -Site Refresher Training Classes at end of first year $ 28,954.16 FlrstDefender RM Training 334519 820-00122-01 FlrstDefender RM On -Site Training On -site Training (expires 9 months after purchase) - up to 10 attendees per customer $ 4,085.44 FirstDefender RMX Instrument(Gray Boot 334519 800-00211-01 FlrstDefender RMX S1, English, Gray Boot FlrstDefender RMX S1- Handheld Identification system with remote mode functionality for solids and liquids. Includes 1 year Warrantv and Support and on -site training. $ 71,682.62 334519 800-00212-01 FlrstDefender RMX S2, English, Gray Boot FlrstDefender RMX S2 - Handheld Identification system with remote mode functionality for solids and liquids. Includes 2 years Warranty and Support and on -site trainine. $ 76,086.65 334519 800-00213-01 FlrstDefender RMX S3, English, Gray Boot FlrstDefender RMX 53 - Handheld Identification system with remote mode functionality for solids and liquids. Includes 3 years Warranty and Support and on -site training. $ 82,458.44 334519 800-00214-01 FlrstDefender RMX 54, English, Gray Boot FlrstDefender RMX 54 - Handheld identification system with remote mode functionality for solids and liquids. Includes 4 years Warranty and Support and on -site training. $ 85,082.12 334519 800-00215-01 FlrstDefender RMX 55, English, Gray Boot FlrstDefender RMX S5 - Handheld identification system with remote mode functionality for solids and liquids. Includes 5 years Warranty and Support and on -site training. $ 89,111.34 334519 800-00502-01 FirstDefender RMX S2-T, English, Gray Boot FirstDefender RMX - Rugged handheld chemical identification system. Including 2 years Warranty and Support. This part number does not Include on -site training. $ 74,681.11 FirstDefender RMX Support 334519 820-00106-RX FlrstDefender RMX Support -1 Year 1 Year Extension of Support $ 4,010.48 33451.9 820-00109-RX FlrstDefender RMX Support - 2 Years 2 Year Extension of Support 7,730.48 334519 820-00022-RX FirstDefender RMX Support - 3 Years 3 Year Extension of Support $ 10 963.22 334519 820-00112-RX FirstDefender RMX Support - 4 Years 4 Year Extension of Support $ 12,977.83 334S19 820-00129-RX FlrstDefender RMX Support - 5 Years 5 Year Extension of Support $ 14.430.23 334519 820-00237-RX FirstDefender RMX Software -Only -1 Year FirstDefender RMX Software Only,Ap llcation and Library $ 2.679.90 334519 820-00316-01 FirstDefender RMX support extension FlrstDefender RMX One Year support extension between year 6 and 11 $ 3,064.08 FirstDefender RMX Warranty 334519 820-00107-RX FlrstDefender RMX Warrant - 1 Year 1 Year Extension of Warranty $ 2,679.90 334519 820-00110-RX FlrstDefender RMX Warranty - 2 Years 2 Year Extension of Warra ntV $ 5,645.59 334519 820-00023-RX FlrstDefender RMX Warrant - 3 Years 3 Year Extension of Warrant $ 9,463.98 334519 820-00113-RX FlrstDefender RMX Warrant - 4 Years 4 Year Extension of Warranty $ 13,399.50 334519 820-00116-RX FlrstDefender RMX Warrant - Years 4 & 5 2 Year Extension of Warranty for Years 4 & 5 8,620.65 334519 820-00125-RX FlrstDefender RMX Warrant -Year 4 or 5 1 Year Extension of Warranty for Year 4 4,563.32 334519 820-00130-RX FirstDefender RMX Warrant -5 years 5 Year Extension of Warranty $ 17 381.86 334519 820-00315-01 IFIrstDefender RMX warranty extension 1 Year Extension of Warranty between year 6 and 11 $ 3.654.41 FlrstDefender RMX Warran Support 334519 820-00105-RX FirstDefender RMX Warrant Sup ort-1Year 1 Year Extension of Warranty & Support $ 6,699.75 334519 820-00108-RX FlrstDefender RMX Warrant /Support-2Years 2 Year Extension of Warranty & Support $ 12,275.06 334519 820-00021-RX FlrstDefender RMX Warranty/Support - 3 Years 3 Year Extension of Warranty & Support $ 17,335.01 334519 820-00111-RX FirstDefender RMX Warranty/Support - 4 Years 4 Year Extension of Warranty & Support $ 21,551.64 334519 820-00128-RX FlrstDefender RMX Warranty/Support - 5 Years 5 Year Extension of Warranty & Support $ 25,206.05 FirstDefender RMX Warranty/Su o ralnin 334519 820-00131-RX FirstDefender RMX Warrant Su o raining -1 Year 1 Year Extension of Warranty and Support, and (1) 4 hour On -Site Refresher Training Class at end of first vear $ 10,354.16 334519 820-00132-RX FlrstDefender RMX Warrant Su o raining - 2 Years 2 Year Extension of Warranty and Support, and (2) 4 hour On -Site Refresher Training Classes at end of first year $ 16,070.03 334519 820-00133-RX FlrstDefender RMX Warrant /Su ortralnin-3Years 3 Year Extension of Warranty and Support, and (3) 4 hour On -Site Refresher Training Classes at end of first year $ 21,083.12 334519 820-00134-RX FlrstDefender RMX Warrant Su ortralnin-4Years 4 Year Extension of Warranty and Support, and (4) 4 hour On -Site Refresher Training Classes at end of first year $ 25,112.34 334519 820-00135-RX FlrstDefender RMX Warranty/Support/Training -5Years 5 Year Extension of Warranty and Support, and (5) 4 hour On -Site Refresher Training Classes at end of first year $ 28,766.75 FirstDefender RMX Tnlnl 334519 820-00123-01 I FirstDefender RMX On -Site Training On -site Training expires 9 months afterpurchase) - up to 10 attendees per customer $ 4,057.33 TruDefender FTX Instrument my Boot 334519 800-00791-01 TruDefender FTX S1, English, Gray Boot TruDefender FrX- Rugged handheld FTIR chemical Identlflcatlon system. Including 1 year warranty, 1 year support, On -site Training (one 4-hour course per Instrument for up to 10 students; expires 9 months after date ofpurchase) $ 67,559.70 334519 800-00792-01 TruDefender FTX S2, English, Gray Boot TruDefender FTX - Rugged handheld FIR chemical Identification system. Product features: lightweight, rugged and water sealed design; Anvil sampling capability; and DeclslonEnglne mixture analysis software. Package includes: 2 year Warranty; 2 year Support; and On -site Training (one 4-hour course per Instrument for up to 10 students; expires 9 months after date of purchase). $ 70,183.38 334519 800-00793-01 TruDefender FTX S3, English, Gray Boot lourchase), TruDefender FTX - Rugged handheld FTIR chemical Identification system. Product features: lightweight, rugged and water sealed design; Anvil sampling capability; and DecislonEnglne mixture analysis software. Package Includes: 3 year Warranty; 3 year Support; and On -site Training (one 4-hour course per Instrument for up to 10 students; expires 9 months after date of $ 75,149.62 GS-07F-6099R Effective through Modification PS-0125, dated February 7, 2023 Page 340 of 560 Page 7 Thermo Scientific Portable Analytical Instruments, Inc. Authorized FAS GSA Schedule Pricelist SIN Part no Product Name Product Description GSA Price 334519 800-00794-01 TruDefender FTX S4, English, Gray Boot TruDefender FTX - Rugged handheld FTIR chemical identification system. Product features: $ 79,085.14 lightweight, rugged and water sealed design; Anvil sampling capability; and DecisionEnglne mixture analysis software. Package includes: 4 year Warranty; 4 year Support; and On -site Training (one 4-hour course per instrument for up to 10 students; expires 9 months after date of 334519 800-00795-01 TruDefender FTX 55, English, Gray Boot TruDefender FTX - Rugged handheld FTIR chemical Identification system. Product features: $ 86,487.66 lightweight, rugged and water sealed design; Anvil sampling capability; and DeclsionEnglne mixture analysis software. Package includes: 5 year Warranty; 5 year Support; and On -site Training (one 4-hour course per instrument for up to 10 students; expires 9 months after date of ourchase). 334519 800-03002-01 TruDefender FTX S2-T, English, Gray Boot TruDefender FTX - Rugged handheld FTIR chemical identification system. Product features: $ 71,495.21 lightweight, rugged and water sealed design; Anvil sampling capability; and DecislonEngine mixture analysis software. Package Includes: 2 year Warranty; 2 year Support. This part number does not Include on -site training. TruDefender FTX Instrument range Boot 334519 800-00801-01 TruDefender FTX S1, English, Orange Boot TruDefender FTX - Rugged handheld FIR chemical Identification system. Product features: $ 67,559.70 lightweight, rugged and water sealed design; Anvil sampling capability; and DecislonEnglne mixture analysis software. Package Includes: 1 year Warranty; 1 year Support; and On -site Training (one 4-hour course per Instrument for up to 10 students; expires 9 months after date of urchase 334519 800-00802-01 TruDefender FTX S2, English, Orange Boot TruDefender FTX - Rugged handheld FTIR chemical Identification system. Product features: $ 69,714.86 lightweight, rugged and water sealed design; Anvil sampling capability; and DeclsionEnglne mixture analysis software. Package includes: 2 year Warranty; 2 year Support; and On -site Training (one 4-hour course per instrument for up to 10 students; expires 9 months after date of 334519 800-00803-01 TruDefender FTX S3, English, Orange Boat TruDefender FTX - Rugged handheld FTIR chemical Identification system. Product features: $ 75,149.62 lightweight, rugged and water sealed design; Anvil sampling capability; and DeclsionEnglne mixture analysis software. Package Includes: 3 year Warranty; 3 year Support; and On -site Training (one 4-hour course per Instrument for up to 10 students; expires 9 months after date of 334519 800-00804-01 TruDefender FTX S4, English, Orange Boot TruDefender FTX - Rugged handheld FTIR chemical identification system. Product features: $ 79,085.14 lightweight, rugged and water sealed design; Anvil sampling capability; and DecislonEngine mixture analysis software. Package includes: 4 year Warranty; 4 year Support; and On -site Training (one 4-hour course per Instrument for up to 10 students; expires 9 months after date of 334519 800-00805-01 TruDefender FTX S5, Fnglish, Orange Boot TruDefender FTX - Rugged handheld FTIR chemical Identification system. Product features: $ 86,487.66 lightweight, rugged and water sealed design; Anvil sampling capability; and DeclslonEnglne mixture analysis software. Package includes: 5 year Warranty; 5 year Support; and On -site Training (one 4-hour course per instrument for up to 10 students; expires 9 months after date of TruDefender FT FTI Supoort 334519 820-00106-FT TruDefender FT/FTI/FTX Support -1 Year 1 Year Extension of Support $ 3,973.00 334519 820-00109-FT TruDefender FT/FTi/FTX Support - 2 Years 2 Year Extension of Support $ 7.847.61 334519 820-00022-FT TruDefender FT/FTI/FTX Support - 3 Years 3 Year Extension of Support $ 11,103.78 334519 820-00112-FT TruDefender FT/FTI/FTX Support - 4 Years 4 Year Extension of Support $ 13,212.09 334519 820-00129-FT TruDefender FT/FTi/FTX support - 5 Years 5 Year Extension of Support $ 14,711.34 334519 820-00237-FT TruDefender FT/FTI/FTX Software -Only -1 TruDefender FT/FTi Software Only,Applicatlon and Library $ 2,736.12 Year TruDefender wanranw 334519 820.DD107-FT TruDefender FT Fri FTX Warranty - 1 Year 1 Year Extension of Warranty $ 2,558.09 334519 820-00110-FT TruDefender FT FTi FTX Warrant -2 Years 2 Year Extension of Warranty $ 5,933.00 334519 820-00023-FT TruDefender FT FTi F1X Warranty - 3 Years 3 Year Extension of Warranty 9,463.98 334519 820-00113-FT TruDefender FT/FTi/FTX Warrant - 4 Years 4 Year Extension ofWarran $ 13 633.75 334519 820-00116-FT TruDefender FT/FTI/FTX 2 Year Extension of Warranty for Years 4 & 5 $ 8,714.36 Warrant -Years 4 & 5 334519 820-00125-FT TruDefender FT/FTI/FTX 1 Year Extension of Warranty for Year 4 $ 4,478.99 Warranty- ear4orS 334519 820-00130-FT TruDefender FT/FTi/FTX 5 Year Extension of Warranty $ 17,662.97 Warrant -5Years 334519 820-00319-01 TruDefender FTX warranty extension TruDefender FTX One Year warranty extension between year 6 and 11 $ 3,682.52 334519 820-00321-01 TruDefender FTXI warranty extension TruDefender FTXI One Year warranty extension between year 6 and 11 $ 3,673.15 TruDefender FTFnWar"m upport 334519 820-00105-FT TruDefender FT/FTI/FTX 1 Year Extension of Warranty & Support $ 5,879.85 Warranty/Support -1 Year 334519 820-00108-FT TruDefender FT/FTI/FTX 2 Year Extension of Warranty & Support $ 12,556.17 Warranty/Support 2 Years 334519 820-00021-FT TruDefender FT/Fri/FTX 3 Year Extension of Warranty & Support $ 17,616.12 Warranty/Support - 3 Years 334519 820-00111-FT TruDefender FT/FTI/FTX 4 Year Extension of Warranty & Support $ 21,739.04 Warrant Su ort-4Years 334519 820-00128-FT TruDefender FT/FTI/FTX 5 Year Extension of Warranty & Support $ 25,674.56 Warranty/Support - 5 Years GS-07F-6099R Effective through Modification PS-0125, dated February 7, 2023 Page 341 of 560 Page 8 Thermo Scientific Portable Analytical Instruments, Inc. Authorized FAS GSA Schedule Pricelist SIN Part no Product Name Product Description GSA Price 334519 820-00320-01 TruDefender FTX support extenslon TruDefender FTX One Year support extension between year 6 and 11 $ 3,110.93 334519 820.00322-01 TruDefender FTXi support extension TruDefender FTXi One Year support extension between year 6 and 11 3,148.41 TruDefender MWarran upport/Training s 334519 820-00131-FT TruDefender FT/Fri/FTX 1 Year Extension of Warranty and Support, and (1) 4 hour On -Site Refresher Training Class $ 10,494.71 Warrant Su o rainin - 1 Year 334519 820-00132-FT TruDefender FT/FTi/FTX 2 Year Extension of Warranty and Support, and (2) 4 hour On -Site Refresher Training Classes $ 16,304.28 Warranty/Support/Training - 2 Years 334519 820-00133-FT TruDefender FT/FTi/FTX 3 Year Extension of Warranty and Support, and (3) 4 hour On -Site Refresher Training Classes $ 21,551.64 Warranty/Support/Training -3Years 334519 820-00134-FT TruDefender FT/FTi/FTX 4 Year Extension of Warranty and Support, and (4) 4 hour On -Site Refresher Training Classes $ 25,299.75 Warranty Su ortrainin-4Years 334519 820-00135-Fr TruDefender FT/FTI/FTX 5 Year Extension of Warranty and Support, and (5) 4 hour on -Site Refresher Training Classes $ 29,422.67 Warrant Su ortrainin-5Years TruDefender FT FTI Tral 334519 820-0010M 1 TruDefender FT/FTI/FTX On -site Training On-siteTralnin (expires 9 months afterpurchase) - up to 10 attendees per customer $ 4,010.48 TruDefender FTX FlrstDefender RM Combination Kit$(Gray Boob 334519 800-03091-01 Handheld Chemical ID Kit, FTX S1 + RM SS, FTX & RM Combo Kit (1 Year W/S) $ 123,125.44 English, Gray Boot 334519 800-03092-01 Handheld Chemical ID Kit, FTX S2 + RM S2, FTX & RM Combo Kit (2 Year W/S) $ 133,151.64 En lish, Grav Boots 334519 800-03093-01 Handheld Chemical ID Kit, FTX S3 + RM S3, FTX & RM Combo Kit (3 Year W/S) $ 144,302.27 English. Grav Boots 334519 800-03094-01 Handheld Chemical ID Kit, FTX S4 + RM S4, FTX & RM Combo Kit (4 Year W/S) $ 151,985.89 English. Grav Boots 334519 800-03095-01 Handheld Chemical ID Kit, FTX S5 + RM 55, FTX & RM Combo Kit (5 Year W/S) $ 159,856.93 English, Grav Boots TruDefender FfX FlrstDofender RM Combination Kits (Orange Boots 334519 800-03101-01 Handheld Chemical ID Kit, FTX 51 + RM 51, FTX & RM Combo Kit (1 Year W/S) $ 123,125.44 English, Orange Boots 334519 800-03102-01 Handheld Chemical ID Kit, FTX S2 + RM S2, FTX & RM Combo Kit (2 Year W/S) $ 133,151.64 English, Orange Boots 334519 800-03103-01 Handheld Chemical ID Kit, FTX S3 + RM S3, FTX & RM Combo Kit (3 Year W/5) $ 144,302.27 English. Orange Boots 334519 800-03104-01 Handheld Chemical ID Kit, FTX 54+ RM 54, FTX & RM Combo Kit (4 Year W/S) $ 151,985.89 En Iish Oran a Boots 334519 800-03105-01 Handheld Chemical ID Kit, FTX S5 + RM S5, FTX & RM Combo Kit (5 Year W/S) $ 159,856.93 En Iish Orange Boots TruDefender Firstl3efencler RMX Combination Kfts(Gray Boob 334519 800-03081-01 Handheld Chemical ID Kit, FTX S1 + RMX S1, FTX & RMX Combo Kit (1 Year W/S) $ 129,872.04 English, Gray Boots 334519 800-03082-01 Handheld Chemical ID Kit, FTX S2 + RMX 52, FTX & RMX Combo Kit (2 Year W/S) $ 141,022.67 English, Gray Boots 334519 800-03083-01 Handheld Chemical ID Kit, FTX 53 + RMX S3, FTX & RMX Combo Kit (3 Year W/S) $ 149,830.73 En Iish, Gray Boots 334519 800-03084-01 Handheld Chemical ID Kit, FTX S4 + RMX S4, FTX & RMX Combo Kit (4 Year W/S) $ 157,608.06 English. Grav Boots 334519 800-03085-01 Handheld Chemical ID Kit, FTX 55 + RMX S5, FTX & RMX Combo Kit (5 Year W/S) $ 165,385.39 En llsh, Grav Boots TruDefender FfXI FirstDefender RM Combination Kits lGray Boob 334519 800-03111-01 Handheld Chemical ID Kit, FTXI S1 + RMX S3, FTXI & RMX Combo Kit (1 Year W/S) $ 130,996.47 EnItlish, Gray Boots 334519 800-03112-01 Handheld Chemical ID Kit, FTXi S2 + RMX S2, FTXi & RMX Combo Kit 12 Year W/S) $ 143,177.83 English, Gray Boots 334519 800-03113-01 Handheld Chemical ID Kit, FTXi 53 + RMX S3, FTXI & RMX Combo Kit (3 Year W/5) $ 151,985.89 English, Gray Boots 334519 800-03114-01 Handheld Chemical ID Kit, FTXI S4 + RMX 54, FTXi & RMX Combo Kit (4 Year W/S) $ 160,981.36 English, Gray Boots 334519 800-03115-01 Handheld Chemical ID Kit, FTXI 55 + RMX 55, FTXI & RMX Combo Kit (5 Year W/S) $ 167,540.55 English, Gray Boots Geminl 334519 800-05011-01 Gemini 51, English, Gray Boot Gemini: Rugged handheld system integrating Raman and FTIR spectroscopy for Identification of $ 117,409.57 unknown solid and liquid chemicals and explosives. Including 1 year Warranty, 1 year Support, and On -Site Training within the Continental United States (CONUS; One 4-hour course per Instrument for up to 12 students. Expires 9 months after date of purchase). 334519 800-05012-01 Gemini S2, English, Gray Boot Gemini: Rugged handheld system Integrating Raman and FTIR spectroscopy for identification of $ 125,655.42 unknown solid and liquid chemicals and explosives. Including 2 years Warranty, 2 years Support, and On -Site Training within the Continental United States (CONUS; One 4-hour course per Instrument for up to 12 students, Expires 9 months after date of purchase). GS-07F-6099R Effective through Modification PS-0125, dated February 7, 2023 Page 342 of 560 Page 9 Thermo Scientific Portable Analytical Instruments, Inc. Authorized FAS GSA Schedule Pricelist SIN Part no Product Name Product Description GSA Price 334519 800-05013-01 Gemini S3, English, Gray Boot Gemini: Rugged handheld system Integrating Raman and FTIR spectroscopy for Identification of $ 135,962.72 unknown solid and liquid chemicals and explosives. Including 3 years Warranty, 3 years Support, and On -Site Training within the Continental United States (CONUS; One 4-hour course per Instrument for up to 12 students. Expires 9 months after date of purchase). 334519 800-05014-01 Gemini 54, English, Gray Boot Gemini: Rugged handheld system Integrating Raman and FTIR spectroscopy for Identification of $ 142,990.43 unknown solid and liquid chemicals and explosives. Including 4 years Warranty, 4 years Support, and On -Site Training within the Continental United States (CONUS; One 4-hour course per Instrument for up to 12 students. Expires 9 months after date of purchase). 334519 800-05015-01 Gemini S5, English, Gray Boot Gemini: Rugged handheld system Integrating Raman and FTIR spectroscopy for Identification of 5 150,205.54 unknown solid and liquid chemicals and explosives. Including 5 years Warranty, 5 years Support, and On -Site Training within the Continental United States (CONUS; One 4-hour course per Instrument for up to 12 students. Expires 9 months after date of purchase). 334519 820-00237-GM Gemini Software -Only -1 Year Gemini Software OnlyAppllcatlon and Libra $ 2 492.49 334519 820-05071-01 Gemini Support -1 Year Customer and Software Support. Customer Support Center Is available 24/71365. Staff scientists $ 5,458.19 are on call 24/7/365 to provide comprehensive Reachback support, from Initial assessment to detailed spectral analysis. The latest software and library updates, user guides and training decks are available for easy download from our Customer Support webpage. Chemical library Is specifically created using Thermo Scientific Instruments, resulting In optimized analysis precision. 334519 820-05072-01 Gemini Support- 2 Years Customer and Software Support. Customer Support Center Is available 24/7/365. Staff scientists $ 9,065.74 are on call 24/7/365 to provide comprehensive Reachback support, from Initial assessment to detailed spectral analysis. The latest software and library updates, user guides and training decks are available for easy download from our Customer Support webpage. Chemical library is specifically created using Thermo Sclentlflc Instruments, resulting In optimized analysis precision. 334519 820-05073-01 Gemini Support - 3 Years Customer and Software Support. Customer Support Center Is available 24/7/365. Staff scientists $ 12,696.73 are on call 24/7/365 to provide comprehensive Reachback support, from Initial assessment to detailed spectral analysis. The latest software and library updates, user guides and training decks are available for easy download from our Customer Support webpage. Chemical library Is specifically created using Thermo Sclentlflc Instruments, resulting In optimized analysis precision. 334519 820-05074-01 Gemini Support - 4 Years Customer and Software Support. Customer Support Center Is available 24/7/365. Staff scientists $ 16,304.28 are on call 24/7/365 to provide comprehensive Reachback support, from Initial assessment to detailed spectral analysis. The latest software and library updates, user guides and training decks are available for easy download from our Customer Support webpage. Chemical library Is specifically created using Thermo Scientific Instruments, resulting In optimized analysis precision. 334519 820-05075-01 Gemini Support - 5 Years Customer and Software Support. Customer Support Center Is available 24/7/365. staff sclentlsts $ 19,958.69 are on call 24/7/365 to provide comprehensive Reachback support, from Initial assessment to detailed spectral analysis. The latest software and library updates, user guides and training decks are available for easy download from our Customer Support webpage. Chemical library is specifically created using Thermo Scientific Instruments, resulting In optimized analysis precision. 334519 820-05081-01 Gemini Tralning,On-Slte,up to 12 On -Site Training within the Continental United States (CONUS). One 4-hour course for up to 12 $ 4,141.66 Students CONUS students. Expires 9 months after date of ourchase. 334519 820-05101-01 Gemini Warranty/Support/Tralning -1 year 1 Year Extension of Warranty and Support, and one (1) 4-hour On -Site Refresher Training Class for $ 13,774.31 up to 12 Students. Hardware Warranty. Products returned to the factory will be quickly repaired and returned after receipt. Customer and Software Support. Customer Support Center Is available 24/7/365. Staff scientists are on call 24/7/365 to provide comprehensive Reachback support, from Initial assessment to detailed spectral analysis. The latest software and library updates, user guides and training decks are available for easy download from our Customer Support webpage. Chemical library Is specifically created using Thermo Scientific Instruments, resulting In optimized analysis precision. On -Site Refresher Training within the Continental United States (CONUS; One 4- hour course for up to 12 students. Expires 9 months after date of purchase). 334519 820-05102-01 Gemini Warranty/Support/TrainIng . 2 years 2 Year Extension of Warranty and Support, and two (2) 4-hour On -Site Refresher Training Classes $ 21,270.53 for up to 12 Students. Hardware Warranty. Products returned to the factory will be quickly repaired and returned after receipt. Customer and Software Support. Customer Support Center Is available 24/7/365. Staff scientists are on call 24/7/365 to provide comprehensive Reachback support, from Initial assessment to detailed spectral analysis. The latest software and library updates, user guides and training decks are available for easy download from our Customer Support webpage. Chemical library Is specifically created using Thermo Scientific Instruments, resulting In optimized analysis precision. On -Site Refresher Training within the Continental United States (CONUS; One 4-hour course for up to 12 students. Expires 9 months after date of GS-07F-6099R Effective through Modification PS-0125, dated February 7, 2023 Page 343 of 560 Page 10 Thermo Scientific Portable Analytical Instruments, Inc. Authorized FAS GSA Schedule Pricelist SIN Part no Product Name Product Description GSA Price 334519 820-05103-01 Gemini Warranty/Support/TralnIng - 3 years 3 Year Extension of Warranty and Support, and three (3) 4-hour On -Site Refresher Training Classes $ 27,736.02 for up to 12 Students. Hardware Warranty. Products returned to the factory will be quickly repaired and returned after receipt. Customer and Software Support. Customer Support Center Is available 24/7/365. Staff scientists are on call 24/7/365 to provide comprehensive Reachback support, from Initial assessment to detailed spectral analysis. The latest software and library updates, user guides and training decks are available for easy download from our Customer Support webpage. Chemical library Is specifically created using Thermo Scientific Instruments, resulting In optimized analysis precision. On -Site Refresher Training within the Continental United States (CONUS; One 4-hour course for up to 12 students, Expires 9 months after date of 334519 820-05104-01 Gemini Warranty/Support/Tralning - 4 years 4 Year Extension of Warranty and Support, and four (4) 4-hour On -Site Refresher Training Cl,,,,,, he 33,264.48 for up to 12 Students. Hardware Warranty. Products returned to the factory will be quickly repaired and returned after receipt. Customer and Software Support. Customer Support Center Is available 24/7/365. Staff scientists are on call 24/7/365 to provide comprehensive Reachback support, from Initial assessment to detailed spectral analysis. The latest software and library updates, user guides and training decks are available for easy download from our Customer Support webpage. Chemical library Is specifically created using Thermo Scientific Instruments, resulting In optimized analysis precision, On -Site Refresher Training within the Continental United States (CONUS; One 4-hour course for up to 12 students. Expires 9 months after date of 334519 820-05105-01 Gemini Warranty/Support/Tralning - 5 years 5 Year Extension of Warranty and Support, and five (5) 4-hour On -Site Refresher Training Classes $ 37,855.92 for up to 12 Students. Hardware Warranty. Products returned to the factory will be quickly repaired and returned after receipt. Customer and Software Support. Customer Support Center Is available 24/7/365. Staff scientists are on call 24/7/365 to provide comprehensive Reachback support, from Initial assessment to detailed spectral analysis, The latest software and library updates, user guides and training decks are available for easy download from our Customer Support webpage. Chemical library Is specifically created using Thermo Scientific Instruments, resulting In optimized analysis precision. On -Site Refresher Training within the Continental United States (CONUS; One 4-hour course for up to 12 students. Expires 9 months after date of 334519 820-05111-01 Gemini Warranty/Support-1 Year Hardware Warranty. Products returned to the factory will be quickly repaired and returned after $ 10,213.60 receipt. Customer and Software Support. Customer Support Center Is available 24/7/365. Staff scientists are on call 24/7/365 to provide comprehensive Reachback support, from Initial assessment to detailed spectral analysis. The latest software and library updates, user guides and training decks are available for easy download from our Customer Support webpage. Chemical library Is specifically created using Thermo Scientific Instruments, resulting In optimized analysis 334519 820-05112-01 Gemini Warranty/Support- 2 Years Hardware Warranty. Products returned to the factory will be quickly repaired and returned after $ 17,428.72 receipt. Customer and Software Support. Customer Support Center Is available 24/7/365. Staff scientists are on call 24/7/365 to provide comprehensive Reachback support, from Initial assessment to detailed spectral analysis. The latest software and library updates, user guides and training decks are available for easy download from our Customer Support webpage. Chemical library Is specifically created using Thermo Scientific Instruments, resulting In optimized analysis 334519 820-05113-01 Gemini Warranty/Support -3 Years Hardware Warranty. Products returned to the factory will be quickly repaired and returned after $ 24,550.13 receipt. Customer and Software Support. Customer Support Center Is available 24/7/365. Staff scientists are on call 24/7/365 to provide comprehensive Reachback support, from Initial assessment to detailed spectral analysis. The latest software and library updates, user guides and training decks are available for easy download from our Customer Support webpage. Chemical library Is specifically created using Thermo Scientific Instruments, resulting in optimized analysis 334519 820-05114-01 Gemini Warranty/Support - 4 Years Hardware Warranty. Products returned to the factory will be quickly repaired and returned after $ 30,828.21 receipt. Customer and Software Support. Customer Support Center Is available 24/7/365. Staff scientists are on call 24/7/365 to provide comprehensive Reachback support, from Initial assessment to detailed spectral analysis. The latest software and library updates, user guides and training decks are available for easy download from our Customer Support webpage. Chemical library Is specifically created using Thermo Scientific Instruments, resulting In optimized analysis 334519 820-05115-01 Gemini Warranty/Support - 5 Years Hardware Warranty. Products returned to the factory will be quickly repaired and returned after $ 35,513.35 receipt. Customer and Software Support. Customer Support Center Is available 24/7/365. Staff scientists are on call 24/7/365 to provide comprehensive Reachback support, from Initial assessment to detailed spectral analysis. The latest software and library updates, user guides and training decks are available for easy download from our Customer Support webpage. Chemical ilbrary Is specifically created using Thermo Scientific Instruments, resulting In optimized analysis 334519 820-05121-01 Gemini Warranty -1 Year Hardware Warranty. Products returned to the factory will be quickly repaired and returned after $ 4,919.40 receipt. 334519 820-05122-01 Gemini Warranty - 2 Years Hardware Warranty. Products returned to the factory will be quickly repaired and returned after $ 10,166.75 receipt. 334519 820.05123-01 Gemini Warranty - 3 Years Hardware Warranty. Products returned to the factory will be quickly repaired and returned after $ 16,397.98 receipt. GS-07F-6099R Effective through Modification PS-0125, dated February 7, 2023 Page 344 of 560 Page 11 Thermo Scientific Portable Analytical Instruments, Inc. Authorized FAS GSA Schedule Pricelist SIN Part no Product Name Product Description GSA Price 334519 820-05124-01 Gemini Warranty-4 Years Hardware Warranty. Products returned to the factory will be quickly repaired and returned after $ 23,800.50 receipt. 334519 820-05125-01 Gemini Warranty - 5 years Hardware Warranty. Products returned to the factory will be quickly repaired and returned after $ 31,577.83 receipt. 334519 820-05131-01 Gemini Warranty - Year 4 or 5 Hardware Warranty. Products returned to the factory will be quickly repaired and returned after $ 8,316.12 receipt. 334519 820-05132-01 Gemini Warranty - Years 4 & 5 Hardware Warranty. Products returned to the factory will be quickly repaired and returned after $ 15,742.07 receipt. 334519 810-02351-01 Gemini - HazMaster G3 S/W License Key Gemini - HazMaster G3 S License Key $ 3,729.37 334519 820-00323-01 Gemini warranty extension Gemini One Year warranty extension between year 6 and 11 $ 6 512.34 334519 820-00324-01 Gemini support extension Gemini One Year support extension between year 6 and 11 $ 4 369.77 334519 800-05261-01 Gemini & SPRD-ER Bundle -1 Year Gemini: Rugged handheld system Integrating Raman and FfIR spectroscopy for the Identlflcatlon $ 102,604.53 Warranty/Support (Gemini Only) of unknown solid and liquid chemicals and explosives. Including 1 year Warranty and Support, and On -Site Training within the Continental United States (CONUS; One 4-hour course per Instrument for up to 12 students. Expires 9 months afterthe date of purchase). RadEye SPRD-ER: Spectroscopic personal radiation detector for emergency response professionals, the package Includes Lutetium Test Adapter, Desktop holder+ USB connection cable, Software package RadEye.exe + RadEyeSpectra, Holster and spare AAA batteries 334519 800-05262-01 Gemini & SPRD-ER Bundle - 2 Year Gemini: Rugged handheld system Integrating Raman and FrIR spectroscopy for the Identification $ 110,569.27 Warranty/Support (Gemini Olnly) of unknown solid and liquid chemicals and explosives. Including 2 year Warranty and Support, and On -Site Training within the Continental United States (CONUS; One 4-hour course per Instrument for up to 12 students. Expires 9 months after the date of purchase). RadEye SPRD-ER: Spectroscopic personal radiation detector for emergency response professionals, the package Includes Lutetlum Test Adapter, Desktop holder+ USB connection cable, Software package RadEye.exe+ RadEyeSpectra, Holster and spare AAA batteries 334519 B00.05263-01 Gemini & SPRD-ER Bundle - 3 Year Gemini: Rugged handheld system Integrating Raman and FfIR spectroscopy for the identification $ 117,690.68 Warranty/Support (Gemini Only) of unknown solid and liquid chemicals and explosives. Including 3 year Warranty and Support, and On -Site Training within the Continental United States (CONUS; One 4-hour course per Instrument for up to 12 students. Expires 9 months after the date of purchase). RadEye SPRD-ER: Spectroscopic personal radiation detector for emergency response professionals, the package Includes Lutetlum Test Adapter, Desktop holder+ USB connection cable, Software package RadEye.exe+ RadEyeSpectra, Holster and spare AAA batteries 334519 800-05264-01 Gemini & SPRD-ER Bundle -4Year Gemini: Rugged handheld system Integrating Raman and FfIR spectroscopy for the Identlflcatlon $ 120,126.95 Warranty/Support (Gemini Only) of unknown solid and liquid chemicals and explosives. Including 4 year Warranty and Support, and On -Site Training within the Continental United States (CONUS; One 4-hour course per Instrument for up to 12 students. Expires 9 months afterthe date of purchase). RadEye SPRD-ER: Spectroscoplc personal radiation detector for emergency response professionals, the package Includes Lutetlum Test Adapter, Desktop holder+ USB connection cable, Software package RaclEye.exe + RadEyeSpectra, Holster and spare AAA batteries 334519 800-05265-01 Gemini & SPRD-ER Bundle - 5 Year Gemini: Rugged handheld system Integrating Raman and FTIR spectroscopy for the Identification $ 126,873.55 Warranty/Support (Gemini Only) of unknown solid and liquid chemicals and explosives. Including 5 year Warranty and Support, and On -Site Training within the Continental United States (CONUS; One 4-hour course per Instrument for up to 12 students. Expires 9 months after the date of purchase). RadEye SPRD-ER: Spectroscopic personal radiation detector for emergency response professionals, the package Includes Lutetium Test Adapter, Desktop holder+ USB connection cable, Software package RadEye.exe + RadEyeSpectra, Holster and spare AAA batteries GS-07F-6099R Effective through Modification PS-0125, dated February 7, 2023 Page 345 of 560 Page 12 113 West Mountain Street Fayetteville, AR 72701 (479) 57"323 Resolution: 298-23 File Number: 2023-1437 2024 DTF PUBLIC SAFETY EQUIPMENT (GRANT AWARD): A RESOLUTION TO AUTHORIZE THE ACCEPTANCE OF A NON -MATCHING PUBLIC SAFETY EQUIPMENT GRANT FROM THE ARKANSAS DEPARTMENT OF PUBLIC SAFETY IN THE AMOUNT OF $40,365.58 FOR THE FOURTH JUDICIAL DISTRICT DRUG TASK FORCE TO PURCHASE A HANDHELD NARCOTICS ANALYZER, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, the Drug Task Force completed an application for a grant to purchase a TruNare Hanheld Narcotics Analyzer in August 2023 and received notice in November that the grant had been awarded. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section : That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to accept a non - matching Public Safety Equipment grant from the Arkansas Department of Public Safety in the amount of $40,365,58 for the Fourth Judicial District Drug Task Force to purchase a TruNarc Handheld Narcotics Analyzer, and to execute any documents necessary to receive the funds. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. PASSED and APPROVED on December 19, 2023 Page 1 Attest: %`tptttitryr1 gt Kara Paxton, City erk Treasurer ^ f II Yl f ; ryt , S, Page 346 of 560 CITY OF FAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 13, 2024 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff FROM: Chris Brown, Public Works Director CITY COUNCIL MEMO SUBJECT: Create a project budget for an extension of Stearns Street RECOMMENDATION: 2023-1593 Staff recommends approval of a budget adjustment to create a project budget for an extension of Stearns Street, between Vantage Drive and Old Missouri Road. BACKGROUND: Stearns Street, between Old Missouri Road and Vantage Drive, has been on the Master Street Plan for many years. The eastern segment, connecting to Old Missouri Road, was constructed in the late 1980's as part of a residential development (Brookhollow Subdivision). The western section, connecting to Vantage Drive, was constructed in 2018 as part of a commercial subdivision (Vantage Office Park), leaving a gap of approximately 260 feet between the two constructed segments. Right of way for the unconstructed segment was dedicated in the late 1990's as part of the Bellafont Gardens development. Since that time, the Bellafont Gardens Property Owners's association has used the right of way for maintenance purposes and has constructed a maintenance shed within the right of way. During the development of the commercial subdivision, an assessment for construction of the connection was charged to each individual development in the subdivision; the amount of the assessment was based the traffic generated by the development as a percentage of the street capacity. A summary of the amounts and dates of assessments are as follows: LSD 19-6580 Lot 4 3/25/2019 (PC) $3,289.92 LSD 19-6720 Lot 1 7/8/2019 (PC) $2,735.27 LSD 20-7106 Lot 2 5/28/2020 (SC) $6,564.65 LSD-2023-0003 Lot 3 5/22/2023 (PC) $8,263.59 Total Assessed $20,853.43 It should be noted that the assessment for Lot 2 was approved as either a street or sidewalk connection; the remaining assessments did not speak to this detail. These funds are time limited and must be spend within 7 years of the date they were collected. Therefore, staff needs to proceed with design and construction of the connection in a timely manner, or the collections will Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 347 of 560 need to be refunded to the lot owners. Public Comment summary: Due to the history of discussions about this connection during lot development of Vantage Office Park, staff initiated a public feedback process that included an online survey and a public meeting near the connection site on July 31 of this year. Attached is a summary of online survey data collected between July 5 and August 4, 2023. In the online survey, participants were asked to vote on support for a full street connection, or a pedestrian/bike only section. The questions were designed to provide an indication of sentiment for these options, as well as for no connection at all. The responses were quite polarized, with most responses being either "highly supportive" or "highly opposed" to the connection. The survey included questions regarding respondents' proximity to and usage of Stearns Street, along with demographic data. As would be expected, those living within a'/2 mile of the street were generally supportive than those living further away, indicating concerns regarding traffic impacts to residents along and near the street. The public meeting held on Stearns Street was mostly attended by those opposed to the street (a poll or survey was not taken; rather, the residents who attended were directed to the online survey). Approximately half of the attendees were residents of Bellafont Gardens, the remaining half resided on Stearns or adjacent streets in the Brookhollow Subdivision. It should be noted that Bellafont Gardens streets will not connect to Stearns; therefore, this neighborhood will not be impacted by additional traffic, nor will it have any additional street access. The only impact will be due to the use of the City right of way that is currently being used for neighborhood maintenance services. Finally, there was general neighborhood support for sidewalk improvements, and to a lesser extent traffic calming, if the street connection is made. Planning Commission Review: The Planning Commission reviewed the proposed extension on September 11, 2023. The Planning Commission review was primarily related to the merits of the street connection and the potential traffic impacts, both positive and negative, of the connection. The Planning Commission did not consider cost as a factor or make any recommendation regarding prioritizing the construction of this connection. After much consideration and discussion, the Planning Commission voted 8-1 to forward the confirmation of the Master Street Plan connection of Stearns Street to the Transportation Committee. Transportation Committee Review: The Transportation Committee reviewed the connection at the September 26, 2023 and the November 28, 2023 Committee meetings. The first meeting, questions were raised about tree impacts, traffic generation estimates, and project costs. After these and other questions were answered in November, the Committee voted 4-0 to recommend approval of the connection to the City Council. DISCUSSION: Implementation of the Stearns Street connection would include final design to develop construction level plans, and procurement of a construction contractor for construction. The proposed budget for the project includes the cost of design and construction for the connection. In addition, the Transportation Committee recommended budgeting for additional mitigation trees to be planted at a location to be determined to replace the lost canopy in the project area. 25 trees will need to be removed, and 41 trees are needed to replace this lost canopy. Finally, the Committee recommended sidewalk improvements to and traffic calming on the existing section of Stearns Street to keep traffic speeds low and provide for pedestrian safety. BUDGET/STAFF IMPACT: The total budget, including elements described above, is $480,000. Developer payments of $20,853 will be used, with the remaining funds taken from sales tax capital improvement funds left over from various projects Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 348 of 560 in the 2006 Transportation Bond Project. ATTACHMENTS: SRF (#3), BA (#4), Stearns Information Packet (#5), Stearns Street Extension Concept Map (#6) Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 349 of 560 _= City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2023-1593 Create a project budget for an extension of Stearns Street A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT TO CREATE A PROJECT BUDGET FOR AN EXTENSION OF STEARNS STREET BETWEEN VANTAGE DRIVE AND OLD MISSOURI ROAD BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section l: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution, to create a project budget for an extension of Stearns Street between Vantage Drive and Old Missouri Road. Page 1 Page 350 of 560 Chris Brown Submitted By City of Fayetteville Staff Review Form 2023-1593 Item ID 1/16/2024 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 12/29/2023 ENGINEERING (621) Submitted Date Division / Department Action Recommendation: Approval of a budget adjustment to create a project budget for the extension of Stearns Street, between Vantage Drive and Old Missouri Road. 4470.800.8820-5809.00 Account Number 06035.2024.2401 Project Number Budgeted Item? Yes Does item have a direct cost? No Is a Budget Adjustment attached? Yes Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Sales Tax Capital Improvement Fund Fund Stearns Street Extension Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Project Title $ 1,760,155.00 $ 285,413.03 Is 1,474,741.97 $ 20,853.00 e- 1,495,594.97 Previous Ordinance or Resolution # Approval Date: V20221130 Page 351 of 560 City of Fayetteville, Arkansas - Budget Adjustment (Agenda) Budget Year Division Adjustment Number ENGINEERING (621) /Org2 2024 (BY) Requestor: Chris Brown BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Collection of Funds in Various subprojects under Project 06035 to a new subproject to fund the Stearns Street Extension Project; also to recognize revenue from the offsite escrow account for the project. COUNCIL DATE: ITEM ID#: 1/16/2024 2023-1593 Nolly Black 7212912023 7.57 ANI RESOLUTION/ORDINANCE Budget Division Date TYPE: D - (City Council) JOURNAL#: GLDATE: CHKD/POSTED: TOTAL Account Number 20,853 20,853 Increase / (Decrease) Expense Revenue Project.Sub# Project Sub.Detl AT v.20231213 Account Name 4470.800.8820-5809.00 480,000 - 06035 2024.2401 EX Improvements - Street 4470.800.8835-4420.00 4470.800.8820-5809.00 - 20,853 (85,088) - 06035 06035 2024.2401 RE 1 EX Payments by Property Owners - base Improvements - Street 4470.800.8820-5809.00 4470.800.8820-5810.00 (12,252) - (40,941) - 06035 06035 3400 EX 3400 EX Improvements - Street Easements 4470.800.8835-5805.00 4470.800.8835-5809.00 (44,844) - (151,778) - 06035 06035 3100 EX 3100 EX Land - Acquisition Improvements - Street 4470.800.8835-5809.00 (124,244) - 06035 4400 EX Improvements - Street I of 1 Page 352 of 560 ADM-2023-0033 E. STEARNS ST One Mile View NORTH i O , 0 0.13 0.25 0.5 Miles 1 r m 1 R-A ♦�I m o w CS Subject Property RMF-24 I �OYCE, o Z I ♦ R-O C2 'A 00 -ft ft. C-1 RSF-4 IN N Sp %% RPZD zoning I-2 Ganarnl Industrial RESIDENT IALSINGLE-FAMILY EXTRACTION l� NSG ii E-1 R-U COMMERCIAL ii RI-12 Resitlenlial-OFce NS-L C-1 iiReaitlen C-2 t_ It 1.5 C-3 _ RSF-1 FORM BASED DISTRICTS Downtown Gore Regional Link Planned Neighborhood Link RS iiUrba. Tlw— hlxre l� Mal. Street Center Neighborhood Link Planned Resldentlal Link RSFA Dmrnl.am Geneal Regional Link- High ActivityShared-Use Paved Tail RSF-1a RESIDENTIAL MULTI -FAMILY Community Servi.a Neighborhootl Servkes Freeway/Expressway ——Trail(Proposed) 0 RMF-a RMP-13 = Neighborhootl Conserrenan PLANNED ZONING DISTRICTS Und—ifetl �— Design Overlay District — — — — 1 l r RMF-1a Commercial. Intlustrial. ResitleMial Alley — IZIFayetteville City Limits r r Planning Area r---=r- -_! RMF-ag INSTITUTIONAL P 1 Residential Link �� Planning Area Fayetteville City Lim its g INDUSTRIAL I-1 He avy mmer.Ial and Light lntlust4 C. -- - anninq Commission ADM-2023-0033 (CITY OF FAYETTE\ g� 353 of 560 Paqe 41 of 43 ADM-2023-0033 Close Up View HEPHERD L•N— D z D 0 m SM a ,70 STEARNS-ST E. STEARNS ST RMF-24 0 Subject Property W yt9 G'� M :0) C9 O O' C~i 2 -—STEARNS-ST—W� 4 _PARK_ LA _ KE DR 0 -MW Y Q a —PARKSHORE C ,J&_ R-o NORTH Neighborhood Link Unclassified RMF-24 Residential Link Residential -Office ■ ■ Planned Residential Link Feet M C-3 ' Planning Area 0 75 150 300 450 600 P-1 � Fayetteville City Limits 1 :2,400 September 11, 2023 ADM-2023-0033 (CITY OF FAYETTE\h 354 of 560 Page 42 of 43 ADM-2023-0033 E. STEARNS ST Current Land Use NORTH P ��ANE 05,143C�0,70 / ,eff Multi -Family Residential _ - u.l� '^ P ^+ $ z �f, - !' r� Subject Property ,r r ok Multi -Family Residential STEARNS ST - Multi -Family Residential z •PANEL - •- �.� lt:� F, �! tt -,���. E t+ 05143CO210F •. s _ � T i Undeveloped >� LU — Zone A „� �� ■ i ti 05143CO210F M - Q LIMIT OF IL I -' Neighborhood Link FEMA Flood Hazard Data Unclassified 100-Year Floodplain Residential Link Feet Floodway ■ ■ Planned Residential Link Planning Area 0 112.5 225 450 675 900 Fayetteville City Limits 1:3,600 Planning Commission September 11, 2023 ADM-2023-0033 (CITY OF FAYETTE\h 355 of 560 Page 43 of 43 CITY OF FAYETTEVILLE V10-111W ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission FROM: Chris Brown, Public Works Director Jessie Masters, Development Review Manager MEETING DATE: September 11, 2023 Updated with results from 9/11/2023 PC Meeting SUBJECT: ADM-2023-0033: Administrative Item (E. STEARNS STREET/CITY OF FAYETTEVILLE, 136): Submitted by CITY STAFF for property NORTH OF VANTAGE OFFICE PARK AND WEST OF BROOKHOLLOW SUBDIVISION. The property is zoned RMF-24, RESIDENTIAL MULTI- FAMILY, TWENTY-FOUR UNITS PER ACRE and contains approximately 0.30 acres. The request is for confirmation of the Master Street Plan connection for Stearns Street. RECOMMENDATION: Staff recommends forwarding ADM-2023-0033 to the Transportation Committee with a recommendation of approval. RECOMMENDED MOTION: "1 move to forward ADM-2023-0033 to the Transportation Committee with a recommendation of approval." BACKGROUND: Stearns Street, between Old Missouri Road and Vantage Drive, has been on the Master Street Plan for many years. The eastern segment, connecting to Old Missouri Road, was constructed in the late 1980's as part of a residential development (Brookhollow Subdivision). The western section, connecting to Vantage Drive, was constructed in 2018 as part of a commercial subdivision (Vantage Office Park), leaving a gap of approximately 260 feet between the two constructed segments. Right-of-way for the unconstructed segment was dedicated in the late 1990's as part of the Bellafont Gardens development. Since that time, the Bellafont Gardens Property Owners' Association has used the right-of-way for maintenance purposes, and has constructed a maintenance shed within the right-of-way. During the development of the commercial subdivision, an assessment for construction of the connection was charged to each individual development in the subdivision; the amount of the assessment was based the traffic generated by the development as a percentage of the street capacity. The total of these assessments is $20,853.43. A summary of the amounts and dates of assessments are as follows: LSD 19-6580 Lot 4 3/25/2019 PC $3,289.92 LSD 19-6720 Lot 1 7/8/2019 PC $2,735.27 LSD 20-7106 Lot 2 5/28/2020 (SC) $6,564.65 LSD 20-7141 Lot 5 7/2/2020 (SC) $0.00 LSD-2023-0003 Lot 3 5/22/2023 (PC) $8,263.59 Total Assessed: $20,853.43 Planning Commission September 11, 2023 ADM-2023-0033 (CITY OF FAYETTE\ g� 356 of 560 Paqe 1 of 43 It should be noted that the assessment for Lot 2 was approved as either a street or sidewalk connection; the remaining assessments did not speak to this detail. These funds are time limited and must be spent within 7 years of the date they were collected. Therefore, staff needs to proceed with design and construction of the connection in a timely manner, or the collections will need to be refunded to the lot developers. Proposal: Staff requests a recommendation from the Planning Commission to the Transportation Committee affirming the planned Stearns Street connection on the Master Street Plan. DISCUSSION: Implementation of the Stearns Street connection would include final design to develop construction level plans, and procurement of a construction contractor for construction. Due to the history of discussions about this connection during lot development of Vantage Office Park, staff initiated a public feedback process that included an online survey and a public meeting near the connection site on July 31 of this year. Public Comment summary: Attached is a summary of online survey data collected between July 5 and August 4, 2023, and a summary of the results. In the online survey, participants were asked to vote on support for a full street connection, or a pedestrian/bike only section. The questions were designed to provide an indication of sentiment for these options, as well as for no connection at all. The responses were quite polarized, with most responses being either "highly supportive" or "highly opposed" to the connection. The survey included questions regarding respondents' proximity to and usage of Stearns Street, along with demographic data. As would be expected, those living within a'/z mile of the street were generally supportive than those living further away, indicating concerns regarding traffic impacts to residents along and near the street. The public meeting held on Stearns Street was mostly attended by those opposed to the street (a poll or survey was not taken; rather, the residents who attended were directed to the online survey). Approximately half of the attendees were residents of Bellafont Gardens, the remaining half resided on Stearns or adjacent streets in the Brookhollow Subdivision. It should be noted that Bellafont Gardens streets will not connect to Stearns; therefore, this neighborhood will not be impacted by additional traffic, nor will it have any additional street access. The only impact will be due to the use of the City right-of-way that is currently being used for neighborhood maintenance services. Finally, there was general neighborhood support for sidewalk improvements, and to a lesser extent traffic calming, if the street connection is made. RECOMMENDATION: Staff recommends forwarding ADM-2023-0033 to the Transportation Committee with a recommendation of approval. PLANNING COMMISSION ACTION: Required YES Date: September 11, 2023 O Tabled X) Approved O Denied Motion: Sparkman FORWARDED TO THE TRANSPORTATION Second: Brink COMMITTEE WITH A RECOMMENDATION OF Vote: 8-1-0 (Commissioner Payne voting no) APPROVAL Planning Commission September 11, 2023 ADM-2023-0033 (CITY OF FAYETTE\h 357 of 560 Paqe 2 of 43 CITY OF r"IFAYETTEVILLE ARKANSAS TO: Chris Brown, Public Works Director THRU: Matt Mihalevich, Active Transportation Manager Mellissa Boyd, Staff Engineer FROM: Dane Eifling, Mobility Coordinator DATE: 4 August 2023 SUBJECT: Stearns Street Extension Public Feedback Summary RECOMMENDATION: Present public feedback to Transportation Committee. STAFF MEMO BACKGROUND: At the direction of the City Council's Transportation Committee City staff has worked to engage with residents and collect feedback on the proposed connection of East Stearns Street between Old Missouri Road and Vantage Drive. Public outreach has consisted of an online survey, a media release, social media posts, mailers and an in -person neighborhood meeting. The Speak Up Fayetteville survey opened on July 5th and as of August 4th has received 168 responses. Mailers were sent out to approximately 80 addresses of adjacent residents and property owners which included a QR code for the online survey and time/date information for the in -person input session. The in -person inputs session was held the evening of July 31st and was hosted by 3 staff members and was attended by approximately 50 residents and was covered by KNWA news. DISCUSSION: General take-aways from the online survey results: 1. Polarized results with most responses either "highly supportive" or "highly opposed" to the project. 2. Respondents that identified as living within'/2 mile of the project were much less supportive of the street connection and much more supportive of the pedestrian/bike only connection. 3. Respondents identifying as being under the age of 40 were significantly more supportive of all project options compared to respondents identifying as being 40 years old or older. Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteviIIe-ar.gov Planning Commission September 11, 2023 ADM-2023-0033 (CITY OF FAYETTE\ g� 358 of 560 Paqe 4 of 43 Question #1 "What option describes your level of support for the following:" Option % supportive % opposed Net Support Connection of Stearns Street with standard design including sidewalks and driving lanes 60% 36% +24% Pedestrian ONLY connection, such as 48% 36% +12% Improvements to the sidewalks if/when the street is connected 63% 21% +39% Addition of traffic calming (speed humps, et.) on Stearns if/when street is connected 47% 38% +9% Question # 1 when filtered for those self -identifying as living within '/z mile of the project: Option % supportive % opposed Net Support Connection of Stearns Street with standard design including sidewalks and driving lanes 35% 62% -27% Pedestrian ONLY connection, such as 57% 36% +21 % Improvements to the sidewalks if/when the street is connected 46% 36% +10% Addition of traffic calming (speed humps, et.) on Stearns if/when street is connected 49% 46% +3% Question # 1 when filtered for those self -identifying as under the aqe of 40: Option % supportive % opposed Net Support Connection of Stearns Street with standard design including sidewalks and driving lanes 70% 21 % +49% Pedestrian ONLY connection, such as 52% 22% +30% Improvements to the sidewalks if/when the street is connected 81 % 11 % +70% Addition of traffic calming (speed humps, et.) on Stearns if/when street is connected 54% 32% +19% Question # 1 when filtered for those self -identifying as over the aqe of 40: Option % supportive % opposed Net Support Connection of Stearns Street with standard design including sidewalks and driving lanes 53% 44% +9% Pedestrian ONLY connection, such as 46% 40% +6% Improvements to the sidewalks if/when the street is connected 51% 27% +24% Addition of traffic calming (speed humps, et.) on Stearns if/when street is connected 42% 41 % +1 % Planning Commission September 11, 2023 ADM-2023-0033 (CITY OF FAYETTE\h 359 Of 560 Paqe 5 of 43 General Noted from the in -person meeting: 1. Residents who attended expressed a general opposition to the street connection 2. Approximately half of those in attendance were residents of the Bellafont Gardens neighborhood and half residents of Stearns and adjoining streets 3. Residents expressed concerns about potential cut -through traffic and speeding 4. Residents expressed desire for a traffic study or projections that would consider new apartment developments on Old Missouri Rd and the new office park on Vantage Dr 5. Residents expresses interest in sidewalk/trail connection for improved pedestrian and bicycle connection. 6. Residents expressed general desire for a final resolution of the issue/question of whether the street will be extended or not. Opposition to the street extension has come primarily from residents or Stearns and adjoining streets as well as residents of Bellafont Gardens neighborhood to the north west of the project. It is important to note that neither the proposed street connection nor trail/sidewalk would connect to Bellafont Gardens streets and would have no impact on existing traffic patterns or access for this neighborhood. However, Bellafont Gardens neighborhood residents have constructed privacy fences and Property Owners Association maintenance shed within city right of way. These structures would be removed if the street were extended. A trail or sidewalk connection could be made without full removal of the existing structures. Attachments: Speak Up Fayetteville survey response summary Planning Commission September 11, 2023 ADM-2023-0033 (CITY OF FAYETTE\h 360 Of 560 Paqe 6 of 43 Stearns Street Extension - Public Input Survey SURVEY RESPONSE REPORT 08 August 2018 - 03 August 2023 PROJECT NAME: Stearns Street Extension SANG THE TABLE .�, engagementHQ Stearns Street Extension - Public Input Survey : Survey Report for 08 August 2018 to 03 August 2023 Page 1 of 31 Planning Commission September 11, 2023 ADM-2023-0033 (CITY OF FAYETTE\R40 362 of 560 Page 8 of 43 Stearns Street Extension - Public Input Survey : Survey Report for 08 August 2018 to 03 August 2023 Q1 What option describes your level of support for the following statements: Question options Highly unsupportive Somewhat unsupportive Neutral/Not sure Connection of Stearns Somewhat supportive Street with standard 18 de... 116 Highly supportive Pedestrian/bike ONLY connection, such as a si... Improvements to existing sidewalks on 7 19 21 Stearns... Addition of traffic calming (speed humps, etc... 50 100 150 200 Optional question (168 response(s), 0 skipped) Question type: Likert Question Page 2 of 31 Planning Commission September 11, 2023 ADM-2023-0033 (CITY OF FAYETTE\R40 363 Of 560 Page 9 of 43 Stearns Street Extension - Public Input Survey : Survey Report for 08 August 2018 to 03 August 2023 Q1 What option describes your level of support for the following statements: Connection of Stearns Street with standard design, including sidewalks and driving lanes. Highly unsupportive : 54 Somewhat unsupportive : 6 Neutral/Not sure : 8 Somewhat supportive : 18 Highly supportive : 82 10 20 30 40 50 60 70 80 90 Page 3 of 31 Planning Commission September 11, 2023 ADM-2023-0033 (CITY OF FAYETTE\R40 364 of 560 Page 10 of 43 Stearns Street Extension - Public Input Survey : Survey Report for 08 August 2018 to 03 August 2023 Page 4 of 31 Planning Commission September 11, 2023 ADM-2023-0033 (CITY OF FAYETTE\R40 365 of 560 Page 11 of 43 Stearns Street Extension - Public Input Survey : Survey Report for 08 August 2018 to 03 August 2023 Pedestrian/bike ONLY connection, such as a sidewalk or trail. Highly unsupportive : 46 Somewhat unsupportive : 14 1 Neutral/Not sure : 22 Highly supportive : 54 5 10 15 20 25 30 35 40 45 50 55 60 Page 5 of 31 Planning Commission September 11, 2023 ADM-2023-0033 (CITY OF FAYETTE\R40 366 of 560 Page 12 of 43 Stearns Street Extension - Public Input Survey : Survey Report for 08 August 2018 to 03 August 2023 Improvements to existing sidewalks on Stearns Street if/when the street is connected. Highly unsupportive : 28 Somewhat unsupportive : 7 Neutral/Not sure : 19 Somewhat supportive : 21 Highly supportive : 84 10 20 30 40 50 60 70 80 90 Page 6 of 31 Planning Commission September 11, 2023 ADM-2023-0033 (CITY OF FAYETTE\R40 367 of 560 Page 13 of 43 Stearns Street Extension - Public Input Survey : Survey Report for 08 August 2018 to 03 August 2023 Addition of traffic calming (speed humps, etc.) on Stearns Street if/when the street is connected. Highly unsupportive : 49 Somewhat unsupportive : 1 Neutral/Not sure : 22 Somewhat supportive : 24 Highly supportive : 55 10 15 20 25 30 35 40 45 50 55 60 Page 7 of 31 Planning Commission September 11, 2023 ADM-2023-0033 (CITY OF FAYETTE\R40 368 of 560 Page 14 of 43 Stearns Street Extension - Public Input Survey : Survey Report for 08 August 2018 to 03 August 2023 Q2 Do you live within 1/2 mile of Stearns Street? 91 (54.8%) Question options Not sure No 49 Yes Optional question (166 response(s), 2 skipped) Question type: Radio Button Question Page 8 of 31 Planning Commission September 11, 2023 ADM-2023-0033 (CITY OF FAYETTE\R40 369 of 560 Page 15 of 43 Stearns Street Extension - Public Input Survey : Survey Report for 08 August 2018 to 03 August 2023 Q3 How often do you travel along Stearns Street? n (33.2%) " (17.2%) Question options Less than monthly or not at all Monthly Weekly 49 Daily Optional question (168 response(s), 0 skipped) Question type: Radio Button Question • ORM 16 (9.5%) Page 9 of 31 Planning Commission September 11, 2023 ADM-2023-0033 (CITY OF FAYETTE\R40 370 of 560 Page 16 of 43 Stearns Street Extension - Public Input Survey : Survey Report for 08 August 2018 to 03 August 2023 Q4 How have you traveled along Stearns Street? Choose all that apply: 140 133 130 120 110 100 90 80 70 55 60 50 40 30 20 57 5 10 2 1 Question options 21 Other (please describe) 0 N/A Transit or taxi E-Scooter or other mobility device Wheelchair Walk Bicycle 0 Drive Optional question (166 response(s), 2 skipped) Question type: Checkbox Question Page 10 of 31 Planning Commission September 11, 2023 ADM-2023-0033 (CITY OF FAYETTE\R40 371 of 560 Page 17 of 43 Stearns Street Extension - Public Input Survey : Survey Report for 08 August 2018 to 03 August 2023 Q5 What is your gender? &rr� Question options Non -binary Prefer not to say Male 0 Female Optional question (164 response(s), 4 skipped) Question type: Radio Button Question Pagel 1 of 31 Planning Commission September 11, 2023 ADM-2023-0033 (CITY OF FAYETTE\FL40 372 of 560 Page 18 of 43 Stearns Street Extension - Public Input Survey : Survey Report for 08 August 2018 to 03 August 2023 Q6 What is your age? 22 (13.2%) 25 (15.0%) Im 4 11 (6.6%) 0 (0.0%) l 25 (15.0%) Question options Under 18 10 70 or greater 60-69 41 50-59 40 40-49 40 30-39 18-29 Optional question (167 response(s), 1 skipped) Question type: Radio Button Question 38 (22.8%) Page 12 of 31 Planning Commission September 11, 2023 ADM-2023-0033 (CITY OF FAYETTE\R40 373 of 560 Page 19 of 43 Stearns Street Extension - Public Input Survey : Survey Report for 08 August 2018 to 03 August 2023 Q7 What is your annual household income? Ito • arM 19 (12.8'i Question options $200,000 or greater $95,000 to $114,999 $11,880 to $24,999 $155,000 to $199,999 $75,000 to $94,999 Less than $11,880 Optional question (149 response(s), 19 skipped) Question type: Radio Button Question 16flaft $135,000 to $154,999 0 $115,000 to $134,999 $55,000 to $74,999 0 $35,000 to $54,999 0 $25,000 to $34,999 Page 13 of 31 Planning Commission September 11, 2023 ADM-2023-0033 (CITY OF FAYETTE\FL40 374 of 560 Page 20 of 43 Stearns Street Extension - Public Input Survey : Survey Report for 08 August 2018 to 03 August 2023 Q8 What is your race/ethnicity? Question options Asian or Pacific Islander Other (please specify) Two or more races 0 White Native American or Alaska Native 0 Hispanic or Latino 0 Black or African -American Optional question (157 response(s), 11 skipped) Question type: Radio Button Question Page 14 of 31 Planning Commission September 11, 2023 ADM-2023-0033 (CITY OF FAYETTE\FL40 375 of 560 Pace 21 of 43 Stearns Street Extension - Public Input Survey : Survey Report for 08 August 2018 to 03 August 2023 Q9 Would you like to be contacted with future updates on this project? 109 (65.7%) Question options No Yes Optional question (166 response(s), 2 skipped) Question type: Radio Button Question beam Page 15 of 31 Planning Commission September 11, 2023 ADM-2023-0033 (CITY OF FAYETTE\R40 376 of 560 Page 22 of 43 2040 Master Street Plan Exhibit 1 406.1 40/0 4067 4068 4066 4065 4063 4020 4027 4037 4018 4025 4035 4023 4016 4033 4021 4014 4031 4017 4015 4013 7 57 i 4058 j108„ l53 4056 4054 4052 4057 4058 I 4026 1 - - - 4059 4056 / 4035 +160,-\ a 4024 aosl ' ° aosz 4047 ---� 4004 4037 K 4040 - -- G� 4048 m c , 4002 4031 I l 3 1920 NO 4029 Z a032 o I wu a 005 O 4000 - - - - _ - � 2 f-- � __ _ - l Stearns st • • 1715 173311771 1799 1879 ♦ 1757 i iBW ]897 1917 1935 195 E Park Lake Dr � I 1651 v 39II2 1841 1875 1909 4 � �t 2 3968 3950 The Park Apartments 'c 1615 I 1796 1828 1864 1902 Planning Commission September 11, 2023 ADM-2023-0033 (CITY OF FAYETTE\h 377 Of 560 Page 40 of 43 e:1"=30' 4t �, i d K • ` • 0 0 4029 N FOXBOROW DR tt BEEBE, JOHN CHARLES JR O m 765-16618-000 0' p 0 w J t rr { • jr R/W R/W RI`N JIV 4150 N MEADOW VIEW DR BELLAFONT GARDENS PROPERTY OWNERS .9 �` •* h 765-21808-000 `•� r 6' SIDEWALK ..� g' 21 F/F STEARNS ST —L R/WI � ^�1N �r•• T R/W � RIVV W R/W I J '1 a I ! J o_1'r � N ,JJ `J - EX. BLDG. / • CITY OFFAYETTEVILLE TO BE RELOCATED _ < `�• / 765-15653-001 �•� BY THE PROPERTY 90 � ' OWNER R/W R/W • t . r i 0 E STEARNS ST JET BINVESTMENTS LLC ASPHALT 765-31255-000 PAVEMENT z � w a 1 41 50N MEADOW VIEW DR BELLAFONT GARDENS PROPERTY OWNERS 765-21808_000 ►�71 !� P/L �. P/L , P/L P/L - - P/L P/L P/L � P 1651 E STEARNS ST DERM PARTNERS FAYETTEVILLE LLC 765-31256-000 of 1715 E STEARNS ST WASHBURN, CHRISTOPHER PAUL 765-16619-000 1733 E STEARNS ST KING, SUE E 765-16620-000 Y a a EYED BY: GIS N BY: LIVA 'NED BY: MC NAME: Steams St Ext Alt i.dwg W z J 0 J LU Wftft W Q X a. Uj Wa ~Cl) W � z W0 W V vI J 0 W LL QLU F 0 LU (� Z z�= �La �0 W§ z� z W JAN 31, 2024 1 :OJECT: Stearns St Ext Alt 1 Page 378 of 560 CITY OF FAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 13, 2024 CITY COUNCIL MEMO 2024-1665 TO: Mayor Jordan and City Council THRU: D'Andre Jones, Ward 1, Position 2 FROM: D'Andre Jones, Ward 1, Position 2 SUBJECT: A Resolution to authorize Mayor Jordan to sign the proposed Spout Spring Historic District Petition. RECOMMENDATION: Mayor Jordan sign the petition for the Spout Springs Historic District agreeing that the Yvonne Richardson Community Center shall be included in this historic district. BACKGROUND: DISCUSSION: BUDGET/STAFF IMPACT: N/A ATTACHMENTS: SRF (#3), D'Andre Approval Email (#4), Email from D'Andre requesting resolution (#5), Spout Spring for Resolution File 2024-1665 (#6), Overview of the Proposed Black Historic District at Spout Springs (#7), Spout Spring CC Presentation 2.6.24 - Maps for Clerk-Treas (#8), Local Historic Districts, AHPP, & AG Opinion Memo (#9) Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 379 of 560 == City of Fayetteville, Arkansas y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2024-1665 A Resolution to authorize Mayor Jordan to sign the proposed Spout Spring Historic District Petition. A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN THE PROPOSED SPOUT SPRING HISTORIC DISTRICT PETITION AGREEING THAT THE CITY OWNED PROPERTY OF THE YVONNE RICHARDSON COMMUNITY CENTER SHALL BE INCLUDED WITHIN THE SPOUT SPRING HISTORIC DISTRICT WHEREAS, Emma Willis on behalf of Northwest Arkansas Black Heritage and other concerned citizens are attempting to establish a historic district within Fayetteville entitled "Spout Spring Historic Districts" and need to obtain "a majority in numbers of the property owners within the proposal historic district agreeing that their property shall be included in the historic district," A.C.A. § 14-172-203; and WHEREAS, the City of Fayetteville as the property owner of the Yvonne Richardson Community Center should be able by City Council Resolution to authorize Mayor Jordan to sign the proposed Spout Spring Historic District petition for those two properties. 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 for the City the petition for the Spout Springs Historic District agreeing that the Yvonne Richardson Community Center shall be included in this historic district. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby agrees that approval of this Resolution and Mayor Jordan's signature of the petition does not imply nor require that the City Council must approve any ordinance to establish such district which requires City Council consideration of reports to the Arkansas Historic Preservation Program by the Division of Arkansas Heritage, other recommendations and at least one public hearing and all other requirements of A.C.A. § 14-172-207 Establishment of historic districts before final City Council approval. Page 1 Page 380 of 560 Civic Clerk Item No.: 2024-1665 AGENDA REQUEST FORM FOR: Council Meeting of February 6, 2024 FROM: Council Member D'Andre Jones ORDINANCE OR RESOLUTION TITLE AND SUBJECT: A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN THE PROPOSED SPROUT SPRING HISTORIC DISTRICT PETITION AGREEING THAT THE CITY OWNED PROPERTY OF THE YVONNE RICHARDSON COMMUNITY CENTER AND THE FAYETTEVILLE SENIOR CENTER SHALL BE INCLUDED WITHIN THE SPROUT SPRING HISTORIC DISTRICT APPROVED FOR AGENDA: A- V 01 d ,,,t City Council Member D'Andre Jones Kit Williams Fayetteville City Attorney Approved as to form Date Date Page 381 of 560 Barnes, Stacy From: D'Andre Jones <dre91732000@gmail.com> Sent: Thursday, January 11, 2024 11:33 AM To: Barnes, Stacy Cc: Williams, Kit Subject: Re: Resolution CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. I approve Sent from my iPhone On Jan 11, 2024, at 11:20 AM, Barnes, Stacy <sbarnes@fayetteville-ar.gov> wrote: Please see the attached Resolution and Agenda Request. If it meets your approval, please sign and send back. Or you can approve via return email. Let me know if you have any questions. 'Stack g2rwes City Attorney Paralegal City of Fayetteville, Arkansas 113 W Mountain St., Suite 302 Fayetteville, AR 72701 T 479.575.8313 1 Website I Facebook I Twitter I Instagram I YouTube <image001.png> <D'Andre packet.pdf> Page 382 of 560 Williams, Kit From: D'Andre Jones <dre91732000@gmail.com> Sent: Tuesday, January 9, 2024 10:58 AM To: Williams, Kit Subject: Fwd: Agenda issue CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Jan 19th deadline Feb 6 city council meeting Sent from my iPhone Begin forwarded message: From: D'Andre Jones <dre91732000@gmail.com> Date: December 26, 2023 at 5:59:39 AM CST To: Emma Willis <emwill1102@gmail.com> Cc: Kara Paxton <kapaxton@fayetteville-ar.gov>, "Bostick, Britin" <bbostick@fayetteville- ar.gov>, Sharon Killian <sharon@nwaheritage.org> Subject: Re: Agenda issue I will be sponsoring the item Sent from my iPhone On Dec 26, 2023, at 3:03 AM, Emma Willis <emwil11102@gmail.com> wrote: Dear City Clerk/Council Member Jones/Council Member Stafford, I am writing to request that a resolution including city -owned property in the proposed Spout Spring local historic district be placed on the agenda for the January 16 City Council meeting. I understand that the internal deadline for agenda submissions is December 29. 1 am happy to provide any necessary details and information to facilitate the writing of the resolution and presentation at the council meeting. I am aware that this would be an item of new business seeking an affirmative vote. However, I believe this inclusion is vital for the comprehensive preservation and revitalization of the Spout Spring area, a significant part of our city's history and cultural heritage. Page 383 of 560 I am flexible and happy to work with whichever council member wishes to sponsor the resolution, be it Council Member Jones or Council Member Stafford. I am also available to speak on the item during the meeting or at the prior agenda session on January 9. Please let me know how I can best assist with this process. I am eager to collaborate with your office and the council to ensure this important initiative sees progress. Thank you for your time and consideration. Sincerely, Emma Willis Page 384 of 560 Received By: Council Member Jones 02/06/2024 NORTHWEST ARKANSAS BLACK HERITAGE OVERVIEW OF THE PROPOSED BLACK HISTORIC DISTRICT AT SPOUT SPRING "I'MINGY09 PRESENTED TO FAYETTEVILLE CITY COUNCIL Page 386 of 560 Acknowledgment of the Legacy of American Slavery and Land Acknowledgement NWA Black Heritage acknowledges that we all live in a system that American Slavery built and that each of us is responsible for doing our part to dismantle it. NWA Black Heritage acknowledges the Osage, Caddo, and Quapaw peoples, and their elders past, present, and future, for their ancestral stewardship of the land dating from time immemorial and upon which we now live. It is within the responsibility of our educational mission and our commitment to diversity and inclusion that we discuss the intersection of their history with ours as forced cultivators of the NWA landscape from which they were removed in the early 19th century. II. Introduction Intricately involved in raising and building the region when they were trafficked as enslaved labor to Northwest Arkansas (NWA) in the early 1820s, Black Arkansans cut timber to clear the landscape upon which they built the homes, roads, and schools that the first Fayettevillians walked on and learned in. The only place to build community in this region fully built on their labor, Black people remained or moved to Fayetteville to make their home. In 7ecil io 1 L ♦, write .Aent, fthe Spout Spring lR,-anch ity out of response, uG1 ��i�nr�iiuncrS CuoS% w wriw reSiu�iiu of un �NvuL �fnI ' uiuuw w,iu;.ui,:Ly -- city plans, systematically erasing them and the legacy of the original builders. NWA Black Heritage believes that stopping the erasure of African American culture and community and building up the local Historic Black District of Spout Spring Branch will bring pride of place to the entire region. Fayetteville will automatically become an example of real progress in the reach for justice and equity. Fayetteville has struggled through social and civic justice in Arkansas since its founding. As other parts of the state battled racial tensions, Fayetteville's residents practiced a version of tolerance over exclusion, even if imperfect. A multi -use historic district along Spout Spring Branch is an opportunity to honor Fayetteville's tenacity and Black legacy by restoring stewardship to the community. III. Historical Legacy of The Branch The legacy of the Spout Spring Branch community reaches back generations. Black people were brought to the region by Native and white traders, primarily as enslaved laborers before the city's incorporation in 1841. After the legal end of slavery, they quickly learned that Fayetteville was as safe as could be expected in the region. The city on the hill was buttressed by sundown towns like Bentonville, Cane Hill, Springdale, and Rogers, with Greenwood and Harrison not far away.' - The original community was located on the edge of the scenic East Mountain and named for the spring -fed creek that runs through it, Spring Branch. Though Fayetteville's Black residents dealt with racism and ostracisation at their own doorsteps, they built this community up and made it home. Ranging from alternative naming schemes to segregated neighborhood Historic District at Spout Spring Branch 2 Page 387 of 560 schools and forced removal by urban renewal, Black Fayetteville has overcome countless obstacles before and since the city's founding. Alternative names for the community, "Tin Cup" or worse, reflect the perspective of white travelers and passersby who only saw the community as a watering hole as they passed through or came into the community for entertainment.= The first public school in the state, Henderson School, PS-1, was opened in Fayetteville in 1866 by the American Missionary Association to teach Black children. Black students attended this school for the next 73 years. Meanwhile, in 1932, a new school, Jefferson Elementary was built in the heart of Spout Spring Branch yet, exclusively served white students. Each day, Black students in the community walked past this new institution on the way to their studies at their own school. Consider the damage done to the Black students of Spout Spring Branch who had to make sense of their alternative education when a new school was in their neighborhood. Developers seemed to address the issue by opening the Lincoln School in 1939, which served only Black students but pushed Black residents farther south and out of the community. Furthermore, since no secondary schools in Fayetteville accepted Black students, any Black child seeking further education past elementary school was shipped to and boarded in nearby towns like Ft. Smith where they could attend high school.2 A little more than a decade later, Fayetteville chose community over conflict in 1954 when they were one of the first Arkansas high schools to prepare for desegregation publicly. Though this is a significant highlight in the history of the town, this occasion was one of many formative events that shaped the town and this district. What remains of the Spout Spring community, the bedrock of Black Fayetteville, is still home to generations of American history within a few city blocks. A walk, ride, or drive down Willow, Rock, Lafayette, and Olive streets reveals the shared buildings of the Historic St. James Baptist Church and Historic St. James Methodist Church, a Confederate Cemetary, the East Mountain Cemetery, and multiple stops on the Green Book Route for Black Motorists.`'` Each of these sites holds hundreds of years of tremendous historical value for the community and future generations. Through a selective effort to build up some parts of the city and diminish others, Black Fayetteville has been crushed. As evidenced in city plans that stretch back to at least 1945, decision -makers in Fayetteville have at best, ignored the potential damage to communities and at worst, targeted one of the oldest, least supported communities in town. Without a large investment like the suggested historic district, the community will continue to deteriorate according to the plan. The codification of the Spout Spring Branch community as a historic district will preserve these important elements of history and provide significant, sustained investment into the community. Historic District at Spout Spring Branch 3 Page 388 of 560 IV. Inspiration for the Historic District at Spout Spring Branch NWA Black Heritage envisions the district as a mission -driven community of growing families, businesses, and cutting -edge scholarship and culture. The Fayetteville Historic Preservation Commission has identified myriad ways that historic preservation benefits the city. • Historic preservation contributes to job creation, development, and income generation, directly and indirectly. • Historic preservation provides economic opportunities related to heritage tourism. • Small businesses benefit from historic preservation. • Historic preservation fosters civic pride and identity. • Historic preservation attracts newcomers and retains current residents. • Historic preservation encourages interest in local history. The plans envisioned for the district support each of these benefits. Like the example districts discussed below, the Historic District at Spout Spring Branch will be an asset to the community and the city. In nearby Tulsa, Houston, and Kansas City, communities have significantly benefited from restoring their historic districts. Greenwood Historic District- Tulsa, Oklahoma The Greenwood District, remembered as home to "Black Wall Street", was a bustling community filled with entrepreneurs, educators, and entertainers in the early 20th century. When racial tensions boiled over in the spring of 1921, the community became the site of "the worst racial violence in American history".'-- Over time, the community tried to rebuild but never reached the same level of success because of systemic barriers. As community members aged and urban renewal forced the dispersal of neighbors and homeowners, the district fell into disrepair. Recently, a team of concerned community members worked with the City of Tulsa and numerous other organizations to build and restore several sites in the Historic Greenwood District. Greenwood Rising, an award -winning history center located within the district, provides a narrative -centered experience of Tulsa's Historic Greenwood District. Exhibits showcase the best, worst, and brightest moments in Tulsa's history, taking note of the tenacious Oklahomans whose perseverance through racial violence and systemic injustice continues to this day. Tourism brings dollars back into the community and moreover, the story of Black Wall Street has been brought back from recessed memories to the forefront. Like the Greenwood organizers, the team behind the Historic District at Spout Spring Branch seeks to recover and rejuvenate the space to restore and uplift erased histories. Independence Heights- Houston, Texas In early 1905, the Wright Land Company developed and sold plots of land to African Americans moving to what is now the northern part of Houston. By 1915, Independence Heights was home to about 600 Black people and established itself as the first municipality incorporated by African Americans in the State of Texas.9 Education, religion, and community networks were Historic District at Spout Spring Branch 4 Page 389 of 560 pivotal in this early Black community. They established schools, churches, and black -owned businesses. The independent municipality held space for grocery stores, restaurants, a lumber company, a watch repair shop, ice cream parlors, beauty shops, barber shops, a drug store, a blacksmithing shop, law offices, and other services. Its citizens were business owners, teachers, attorneys, craftsmen, longshoremen, railroad workers, and more. Unfortunately, the city dissolved in 1929 and was absorbed into the municipality of Houston. Today, the Independence Heights Redevelopment Council works with the City of Houston to advocate for community interests.10 A multi -ethnic community, Independence Heights is a place where people honor the past and use lessons from those original incorporators to grow today. Recently, the Houston Endowment bestowed the organization with a large grant to support program development and restoration of the community." 18th & Vine Historic Jazz District- Kansas City, Missouri Black Kansans established communities around 18th & Vine in the late 1800s. By the 1920s, it "was a thriving commercial, residential and entertainment center".12 Prohibited by redlining from spreading throughout the city, Black Kansans moving to the city were forced to settle in the district which, in turn, spurred its transformation into "the heart of Kansas City's Black Business". Black architects and builders laid out blocks of entertainment, housing, and business spaces. The district flourished as Black professionals, doctors, lawyers, dentists, and teachers chose to live, shop, and enjoy any number of the over 600 thriving Black -owned businesses housed there. In addition, the historic 18th and Vine District is credited with developing Kansas City's unique jazz stylings. In its day, the Gem Theater, platformed jazz greats like Count Basie, Charlie "Bird" Parker, and Ella Fitzgerald. Today, the 18th & Vine Jazz District is built around two acclaimed museums, the Negro Leagues Baseball Museum and the American Jazz Museum and the Historic Gem Theater.13 Flanked by a host of restaurants, shops, and other experiences, the district serves as a point of pride for Kansas Citians and an immersive educational experience for visitors. The city uses funds garnered within the district to sustain and develop new businesses and attractions to maintain a positive growth cycle. These are three examples of Historic districts that offer opportunities for visitors and community members to learn and engage with their shared histories. V. Vision for the Historic District at Spout Spring Branch Communities are stronger when neighbors feel connected. The Historic District at Spout Spring Branch will offer residents space to learn, build, and grow together. Beyond the significant capital investment and job creation expected from this project, the Historic District at Spout Spring Branch will deliver economic and community benefits by reaching a long-underserved segment of the population directly and indirectly, supporting the city overall with new developments. Historic District at Spout Spring Branch 5 Page 390 of 560 The survey that supported the Heritage and Historic Preservation Plan (2019) revealed that Jefferson Elementary School, churches, East Mountain Cemetary, South Fayetteville, and historic neighborhoods in general were among the top considerations of community members for Historic preservation. This project supports at least 3 of the 5 stated goals of the strategic plan: to identify and protect historic properties, provide public learning opportunities, and promote and protect cultural heritage. The vision for the Historic District at Spout Spring Branch is organized around three pillars: education, housing & economic development, and environmental equity. Afrofuturist Alluseum and Meditative Space Following the framework of other successful districts, the Historic District at Spout Spring Branch will be anchored by an Afrofuturist museum and meditative space dedicated to the community and its future. The space will serve as a protective zone and memorial for the numerous unmarked Black burial grounds currently violated by pedestrian traffic and dog -marking in the area. At the heart of the concept, Afrofuturism is a perspective wherein artists, activists, and other creators have dreamed of and built worlds and civilizations rooted in Black people's freedom and thought. Rather than beginning the Black American experience with slavery, Afrofuturism extends the bounds of time and space past, before, and beyond the forced bondage of Africans and Americans. Curators at the National Museum of African American History and Culture describe Afrofuturism as "the expression of notions of freedom, agency, and Black identity through art, creative works, and activism that envision liberated futures for Black life"." The notion of Afrofuturism is not foreign to the City of Fayetteville. Indeed, the integration experience of the Black students in the 1954 class was different from the experience in districts further south. Fayetteville's residents, some Black and white, made a conscious effort to move past the fear of difference to achieve a peaceful coexistence that Arkansans outside of the region could only imagine. It was the future in real-time. Unfortunately, the equal and opposing force of systemic racism has existed alongside progress every step of the way. An Afrofuturist museum honors the courage of those and the many other community members who lived what other Arkansans could only dream of. Housing and Economic Development Economic development is a key outcome of historical designation. The Historic District at Spout Spring Branch will attract tourism, scholarship, and new business. These ventures will create jobs and other opportunities for sustainable economic infrastructure within the community. Today, like the first Black community members, Fayetteville's Black neighborhoods are almost cordoned off by lack of access to resources. Black Arkansans face an unemployment rate of 4.1 % while the general rate is closer to 2.7%.15 In March of 2023, the Arkansas Democrat -Gazette reported that the average home price in Washington County has increased over 20% since the second half of 2021." Up from $311,572 to an average home price of around $376,018, the housing market is impenetrable for many Arkansans. The average home price is about ten times the median income for Black Arkansans statewide and five times as much as the median income for Black Arkansans in Benton County and surrounding areas." This gulf results Historic District at Spout Spring Branch 6 Page 391 of 560 in lower homeownership rates overall. Arkansans have about a 44% homeownership rate with Black Arkansans having the smallest rates of ownership in some NWA counties like Benton and Sebastian. The local historic district would protect the interests of existing homeowners and make affordable housing more accessible. Historic districts attract serious developers because they know their investment will be protected over time. Dedicated funding through municipal ordinances ensures the continued care and prioritization of the neighborhood and the designation protects community members from predatory developers by holding them to a standard of completion, contractually obligated to use funds for their directed purposes. Black developers make up about 5-9% of the national market while Black Americans make up roughly 14% of the country's population." This district will once again, put Fayetteville in a place to lead in racial equity. Encouraging and protecting Black developments in the district will set a standard in the region for how cities can attract and support Black businesses and residents. Portions of the non-contiguous district lie within one of the two Opportunity Zones in Fayetteville. A historic distinction would open up the area to more funding to develop the area.19 Environmental Equity Consistently ranked one of America's best places to live, Fayetteville has invested in significant infrastructure to support sustainable lifestyles, including extensive walking and biking trails throughout the city. Walkability is a key indicator of community health and a driver of decreased exhaust emissions.20 The historic designation would pair well with the city's plans to increase mobility in and out of the community. The proposed district will support multiple city initiatives surrounding transportation and planning. In the Active Transportation Plan drafted in 2019, there are proposed shared -use paved trails and bicycle trails laid out in the area.''-' The district would tie the space together, providing an opportunity for education and beautification. Additionally, the district is an opportunity to chip away at goals for City Plan 2040 which include creating mixed-use/walkable neighborhoods, green networks, and attainable housing."- A whopping 85.64% of Fayetteville Residents who responded to the city's survey considered "preservation of historic structures" important/very important.22 Fayetteville's residents see these historic communities as "appropriate infill" to prioritize by the city. Overall, the Historic District at Spout Spring Branch designation would improve the quality of life of Fayetteville residents and provide constituents with a readily identifiable service from Fayetteville city officials. Historic District at Spout Spring Branch 7 Page 392 of 560 VI. Establishing the Historic District at Spout Spring Branch The community of Spout Spring Branch is home to important historical sites from the founding of the city, to the Civil War and Civil Rights Movement. The city should create the South Fayetteville Historic District to preserve the community and boost the local economy. The district could be funded with a bond to restore and redevelop historic buildings in the new historic district. The city and community should actively collaborate to develop a plan for the district that meets the current and anticipated needs of residents and businesses including goals and performance indicators. Both city officials and community partners should co -monitor the progress of the district, evaluate the metrics after a certain period of time, and make any needed adjustments to meet the predetermined goals or metrics. Legal advice from the City of Fayetteville (2017) on Arkansas state code recommends the following steps be taken to secure the district: 1. One of the following conditions must be satisfied in order to begin the process of placing restrictions on historic districts a. The majority of property owners in the proposed district must sign a petition agreeing that their property shall be included in the historic district OR b. Boundaries of a proposed historic district are identical to and encompass the area of a National Register of Historic Places Historic District. c. While there are some smaller districts included in the outlined area, the majority of the area is uncategorized. This will take a modest volunteer effort on NWA BH behalf. We will launch volunteers to do door-to-door canvassing and tabling events to gather signatures and educate the community on the district. 2. Once a simple majority of signatures (approximately 350) have been collected from stakeholders, the Historic District Commission investigates the historical significance of the district through surveying and other methods. Their report is then sent to the Arkansas Historic Preservation Program and the Fayetteville Planning Commission for review 4. The Historic District Commission will announce and hold a public meeting in accordance with city codes and ordinances. 5. The Historic District Commission's Final report with recommendations and ordinance draft with a complete description and a map of the exact boundaries of the new district. 6. The city council then accepts returns with revisions or rejects the report. This process will require a collective effort by the city government, community members, and leaders but the payout will return with dividends in community satisfaction. Historic District at Spout Spring Branch 8 Page 393 of 560 VII. Funding the Historic District at Spout Spring Branch The Historic District at Spout Spring Branch would require significant planning and investment to reach its fullest potential. We recommend the City of Fayetteville levy a bond to fund the restoration and redevelopment of historic buildings including improvements to infrastructure and public spaces. Using bond issues to fund community improvement projects is a common practice in the United States. In 2021, state and local governments issued $394 billion in bonds for infrastructure projects. This funding helped to improve roads, bridges, schools, and other vital infrastructure. Fayetteville's residents have voted to support bond issues funding infrastructure projects. In recent years, the city has used bond issues to fund the construction of a new high school, a new convention center, and a new baseball stadium. Additionally, these funds could be used to acquire property to include in the district, public art displays and to spur economic development in the area. In 2019, the citizens of Fayetteville voted to use bonds to invest in much -needed infrastructure and arts development around the city. Without raising taxes, the city budgeted improvements for roads, trails, parks, public safety, job creation, and construction of the new Cultural Arts Corridor. A similar process could be used to educate the community on their contribution and support the district. VIII. Conclusion A historic district in the Spout Spring Branch is a win -win for the city and the community. The city of Fayetteville has used the historic preservation ordinances to give dwellings to a number of nonprofits, including the Fayetteville Public Library Foundation, the Fayetteville Arts Council, and the Fayetteville Historical Society. These nonprofits have renovated the dwellings and turned them into community spaces, such as libraries, performing arts venues, and museums. The city of Fayetteville's policy of giving dwellings for historic preservation is a positive step in the preservation of the city's historic heritage. The Historic District at Spout Spring Branch would add value to the city by preserving important historical and cultural elements, attracting tourists and businesses, and improving the quality of life for residents. This would be the first Afrofuturist museum in the state, a laudable feat. The City of Fayetteville could fund this district like it has funded others, with a TIF or a bond to fund the restoration and redevelopment of historic buildings and space. Improvements to this community will reverberate with a positive impact through the hills of the city and region. Historic District at Spout Spring Branch 9 Page 394 of 560 �..�S 11,•,1 a I 'Ll , . - YASK • :'1•i � . �._ Y � • '•"rT .' +} .a ,• , '}-'! �=-1, �f--• 41 tag •'• •,, •• � '� . `• aI : � ilk �,1 � ! }• IS �' '.�� r. �, ' i.� \sue ~ ' '� ��-I s: .:-;-•4esEe^s. tiMiloolL1;8n8:�. 30;; � s 'G .3'?,•}j%t�lJ ' tw ait • Ienllderson:Schoo.4for Black?Children _ J, ---.pia • b ngmergence�- t J.. ay evrlre c it- hY T F ` �' as mc, ntain Ce tery t� _ � , 'Yvonne shardso_ �o i y Cen e � . �� i,, NAo�;Hacs'Cett• oi,le ard. 7 r: ,,Nelson�Mackel . Biv 7. r. 'C� :iSbJr Jc7E0 fib,. z�...�- .r ��„• Iw r• - -� J ' Spou Spring; Bran yvalke Par, 1L. ist 80 Church �• t ,, AIV S ems. •' •,,?.` � � ram. rp! ; —. - � ��' , _ Al-�"`S out S rin`r oins Town Branch Image 2: Submitted by the City of Fayetteville. Shows the 690 parcels within the suggested historic district. �ri, NASA, NGA, USGS, FEMq Esn Community Maps Contributors City of Fayetteville, Arkansas, Arkansas GIS Office, Missouri Dept. of Conwrvat on. Missouri DNR, Texas Paris & Wildlife, Esn, HERE, Garmin, SafeGraph, GeoTechnologies, Inc METI/NASA, USGS EPA, NPS. US Census Bureau. USDA Historic District at Spout Spring Branch 11 Page 396 of 560 Endnotes 1. Loewen, J. (2023, July 7). Sundown Towns. Encyclopedia of Arkansas. littps://encyclopediaofarkansas.net/entries/sundown-towns-3658/ 2. Named by white settlers who would stop in the community and drink from the spring, phi 10111Tlu.,cum.01' 2 ,hOut-sprint 3. Brill, A. (2006). Brown in Fayetteville: Peaceful Southern School Desegregation in 1954. The Arkansas Historical Quarterly, 65(4), 337. https:i -doi.org/ 10.2307/400"8090 4. Cemeteries. (2023.). httos://n"ablackliei-itage.org/cemeteries 5. Communities. (2023). https://nwablacklierita'e.oi•,-''coiiiilitiiiitic.,, 6. Green Book htins://transcription.si.edu/pi-oiect/7()55 7. Johnson, H. B. (n.d.). Greenwood District. The Encyclopedia of Oklahoma History and Culture. fattnsa�w�� ..�lkhistoiv.orb/puhlicatic,ns,'cnc,'cntr�.hhh:'cntrv=GR(_►2l 8. Greenwood Rising . (2021). Greenwood Rising. https:/l�h'VVw.i�re2n�4'Gt1dt'i5in .(ir�/abl;lit 9.Houston Texas, C. of. (md.). Super neighborhood 13 - Independence Heights. https•//wt�,tivhoustonttLov/sLiperncighborliot)ds/I3.htnll :--:text=19150020" 'D"0200n'%20Janu ail 1o20l 7"o2C"'o_'01915.toda\-�ii)201ocated"/"?Oat"/o20700"/o20E. 10. IHRC. (n.d.). Independence Heights Redevelopment Council. https://ihrchouston.org/ 11. Houston Endowment. (2022, August 15). Houston Endowment has awarded $20 million to local organizations working to achieve racial equity and social justice in Houston. Houston Endowment. httos://www.lioustoneiido\N i-nent.or�2/announcements/houston-endowment-has-awarded-20-mil110 n-to-local-orgyanizations-working-to-achieve-racial-equity-and-social-justice-in-houston/ 12. The Kansas City Public Library . (n.d.). Why did the area of 18th and Vine become famous?. KC History. https:. -did-area-I8th-and-vine-become-famous 13. Green, Z. (n.d.). 18th &amp; Vine Historic District. African American Heritage Trail of Kansas City. httns://aahtkc,org/180handvine 14.NMAAHC. (2023, September 8). Afrofuturism. National Museum of African American History and Culture. hapsw nnlaahc.si.cLlu,c.\plore/exhibitions/atroftitui•ism 15. Moore, K. (2023). Black unemployment levels off after a historic drop; labor market remains strong overall. State Unemployment by Race and Ethnicity . https://www.epi.or�, indicators/state-unemployment-race-ethnicity/ Historic District at Spout Spring Branch 12 Page 397 of 560 16. Magsam, J. (2023, March 15). Northwest Arkansas home prices zip, sales dip slightly. Arkansas Online. https:. ������.arl:ansas��nlinc.ct.�m/news/202;/mar I n��-h�,rite-rrices-un-sales-dija-sliZhtl�; 17. Smithwick, K. (n.d.). Families: Median Income. Aspire Arkansas. buns: -. www.aspirearkansas.orgr'tam ilics `median -household -income :'rc= I gracial-cuuitti 18.Abrams, A. (2021, April 1). Black developers call for reckoning in real estate. The Washington Post. hit. t shingtonpost.com/business/2021 It4;01/black-developers-call-reckoning-real-esta to 19. Fayetteville, C. of. (n.d.). Opportunity Zones within the City of Fayetteville. Opportunity Zones. lit t ps: \\w\\.la\etteviIle-ar.ggoy/3670/OpportLill ity-Zoties 20. Kotifani, A. (2021, April 28). What is walkability? (and why it matters for health, resilience, happiness). Blue Zones. hops: ,�ww.hluczoneti.c��m%202U/05/what-is-walkabilit�^-and-cvh�-it-matters-tor-health-resilicnc �,-haLihincss-and-sustainabi I itv/#:—:text=hl'al kabi I itv°i,20is° �,2()econom ic" ,o20health..accordinL,O 20to%20CEOs%20for%20Cities 21. City of Fayetteville Active Transportation Plan Map 2019 hops:;ccww.tayctteville-ar.gov/DocumentCenter N'ie\\'Ir)92I1 l 21-19 22. Fayetteville City Plan 2040 https://www.fayetteville-ar.gov/1216/City-Plan-2040 23. Fayetteville City Plan Survey Results htt4�>: %\\\NN.favetteville-ar.gov/DocumentCenter/View/'19623/Survey-results-CP2040 Historic District at Spout Spring Branch 13 Page 398 of 560 Page 399 of 560 The Historic District Of Spout Spring. a place where people live I low? Step 1: The City Council has agreed to support creating the district. Now we need to earn the support of at least 50% of property owners in the outlined district. Step 2: We need your help to inform and collect signatures from property owners. Step 3: The Historic District Commission and Arkansas Historic Preservation Program review the historical significance, host a public meeting, and submit a final report to the City Council. Step 4: The City Council accepts the report as is or with revisions or rejects the report. WYh? Historic preservation contributes to job creation, development, and income generation, directly and indirectly. Small businesses benefit from historic preservation. Historic preservation fosters civic pride and identity by encouraging interest in local history. 1 1 V sion 0 future of Spout Spring I Vik see an Afrofuturist Museum and Meditative Space for the community to imagine and heal OW We want Affordable Housing within the district. We will find grant funds to build up the community and the district V1k deserve increased walkability and greenspace for the community to enjoy Contact U J L•; https://nwablackheritage.org/contact V Page 400 of 560 Page 401 of 560 Frequently Asked Questions -600 A, Who is leading this effort? NWA Black Heritage is dedicated to What is a historic district preserving, documenting, and and why would it benefit promoting the rich heritage and culture of Black communities this neighborhood? in Northwest Arkansas. A historicdistrict is a designated area with historical, architectural, 1 _ orculturalsign'6rcance `— R benefits neighborhoods by preserving their unique character, culture, and property values. �rar f' Dill Are there financial incentives or grants available for historic district property owners? There are often financial incentives and grants available for historic district property owners. These can include tax credits, grants, and low -interest loansto support the preservation and restoration of historically significant properties within the district. G, Are there examples of successful historic districts in similar neighborhoods? Three u*ue examples in nearby states are: treerw000d Historic District, Tulsa, Oklahoma 181h and Vine Historic District, Kansas OVA Kansas IndependenceHeights Historic District, Houston,Texas E. What are the responsibilities of property owners in a historic district? Property owners in a historic district typically have responsibilities to maintain and preserve the historical and architectural integrity of their properties, following specific guidelines and regulations. What is the impact of a historic district on new construction and development in the neighborhood? In a historic disMct new construction and developmerrt tylkaly face stricter regullatiom b ensure they complement the are ds liMmical characearand atctiarturdl ineegrit}t Mrs will workto ensue that current property owners are protected km harsh penalties C I How does zoning and land use regulation change in a historic district? Zoning and land use regulations often become more restrictive to protect the area's historical and architectural character. Renovations and new construction may require special approvals and adhere to specific design guidelinew. The airs is to preserve the districts trsbric integrity and property owners from uIntrLstworftcleveweirs. F I How does a historic district impact property values? Historic districts often stabilize or increase property values by preserving unique character and attracting buyers interested in historic charm and potential financial incentives. SIGN n PETITION Contact Emma Willis, emwilll102@gmail.com Page 402 of 560 Page 403 of 560 'ronosed Snout SDrinci Historic Ll 'ronosed Snout SDrinci Historic Ll CITY OF FAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 20, 2024 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director CITY COUNCIL MEMO FROM: Britin Bostick, Long Range Planning/Special Projects Manager DATE: February 9, 2024 SUBJECT: Establishment of Local Historic Districts (Local Ordinance Districts) and Petition Signature Requirements BACKGROUND: The Arkansas Historic Districts Act, Ark. Code Ann. 14-172-201, et seq., as amended, provides for the establishment of historic districts by ordinance adopted by vote of the governing body of any city, town, or county. The process prescribed requires that: • The Historic District Commission (HDC) shall make an investigation and report on the historic significance of the buildings, structures, features, sites, or surroundings to be included in the proposed historic district. This report must be transmitted to the Arkansas Historic Preservation Program (AHPP) and the city's Planning Commission for their consideration and recommendation. • Both AHPP and the Planning Commission have 60 days to provide a recommendation to HDC. Failure to make a recommendation shall be taken as approval of the report. • HDC shall hold a public hearing on the establishment of the proposed historic district after giving notice in the newspaper once a week for three (3) consecutive weeks, with the first notification published at least twenty (20) days prior to the hearing. The notice shall include the time and place of the hearing, the purpose of the hearing, and describe the boundaries of the proposed historic district. • HDC shall submit a final report with its recommendations to the City Council within 60 days after the public hearing. The report from HDC must contain: o A complete description of the area to be included in the historic district. o A map showing the exact boundaries of the district. o A proposed ordinance designed to implement the historic district including the state's requirements for such implementation. o Such other matters as HDC deems necessary and advisable. • The City Council may then accept the report from HDC and enact the ordinance; return the report to HDC with amendments and revisions for consideration by the commission and a further report within 90 days; or reject the report and discharge the commission. Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 406 of 560 The process to initiate a local historic district can come in two ways. §14-172-203 Applicability of the Arkansas Historic Districts Act specifies that none of the provisions of the subchapter shall be in operation until and unless: • A petition signed by a majority in numbers of the property owners within a proposed historic district is filed with the City Clerk, agreeing that their property shall be included in the historic district. • The boundaries of the proposed historic district are identical to and encompass the area of a National Register of Historic Places Historic District as certified by the United States Department of the Interior. DISCUSSION: During the February 6, 2024 City Council meeting, Long Range Planning staff was asked to seek guidance from AHPP on the requirements and/or criteria for petition signatures required for the establishment of a local historic district when the exact boundaries of a National Register Historic District are not used. Long Range Planning staff consulted with AHPP the following day via phone and email seeking the requested guidance. While the AHPP staff consulted is not an attorney and AHPP does not have regulatory authority in these matters, they provided the following information in response, with reference to Arkansas Attorney General Opinion Ark. Op. Atty. Gen. No. 77-130 (Ark.A.G.), 1977 WL 23010: • Owners of real property within the proposed historic district should be included for the purposes of the petition signatures required. • Right -of way is typically included in a local ordinance historic district. Streetscapes and landscaping are considered features of a historic district, particularly in residential areas. • One property owner with multiple properties has only one signature total. If a property has multiple individual owners each owner would have one signature. The Attorney General opinion further states that, "Property owners, including governmental units, who are other than natural persons may join the petition by the signature of the president or other appropriate officer, keeping in mind ... that the capacity in which the individual signs the petition should be exhibited on the petition." AHPP staff offered additional guidance on the question of property owners, recommending that property deeds would be the most reliable sources for a listing of property owners within the proposed district as tax records may from time to time not include the names of all owners. They also noted that they were not aware of any active local ordinance historic districts in Arkansas that did not follow this practice, and that the state enabling legislation and the Attorney General Opinion predate the Certified Local Government Program (CLG). An Arkansas city or county is eligible to participate in the CLG program if it has appointed an HDC and has passed a local preservation ordinance designating one or more local historic districts, according to applicable state law. BUDGET/STAFF IMPACT: N/A Attachments: Ark. Op. Atty. Gen. No. 77-130 (Ark.A.G.), 1977 WL 23010 Page 407 of 560 The Honorable Robert Johnston, Ark. Op. Atty. Gen. No. 77-130 (1977) Ark. Op. Atty. Gen. No. 77-130 (Ark.A.G.), 1977 WL 23010 Office of the Attorney General State of Arkansas Opinion No. 77-130 July 22, 1977 *1 The Honorable Robert Johnston State Representative 2122 Broadway Little Rock, Arkansas 72206 Dear Representative Johnston: This is in response to your letter of June 30, 1977, requesting an opinion. You stated that the City of Little Rock is seeking to establish a historic district under the provisions of Ark. Stat. Ann. §§ 19-5001-5012 (Repl. 1968). You specifically requested that we render an opinion regarding the proper interpretation of the proviso in § 19-5010: `Provided, none of the provisions of this Act shall be in operation until and unless there has been filed with the City Clerk of the city or town in which a historic district is contemplated, a petition signed by a majority in numbers of the property owners within such a proposed historic district agreeing that their property shall be included in such historic district.' Your inquiry raises several questions: `What is a `majority in numbers', who is a `property owner' for the purposes of the statute and when is property ownership determined?' We will deal with each of these questions in order. A literal reading of § 19-5010 leaves no room for doubt but that the General Assembly intended the required petition to be signed by a majority of the persons owning real property in the proposed district. Although the legislature has, in the case of somewhat similar petition requirements for the establishment of improvement districts, water and light districts, cemetery districts and other special purpose governmental entities, required the assent of persons owning more than one-half in value or area of the real property to be obtained as a condition precedent to the formation of the governmental entity, the language of those statutes varies significantly from the language of this statute. See, Ark. Stat. Ann. § 20-1014 (Supp. 1975); § 20-505 (Repl. 1968); § 20-701 (Supp. 1975); § 20-901 (Repl. 1968); § 20-1201 (Repl. 1968); § 20-130 (Repl. 1968); § 20-1502 (Repl. 1968); and § 21-501 (Repl. 1968). The legislature's discretion in establishing local improvement districts is limited by Article 19, § 27 of the Constitution which mandates that such district not be established except `upon the consent of a majority in value of the property owners owning property adjoining the locality to be affected; ....' A historic district is not a local improvement district having no authority to assess the real property within the district and, therefore, does not come within the purview of Article 19, § 27. Therefore, it is our opinion that the plain and unambigious words of the statute must control and the petition required by the statute must contain the signatures of a majority in number of the persons owning property within the proposed district. While the statute providing for a historic district does not define `property owner', the legislature has defined the term in a similar context to mean the `holder or holders of legal title' (Ark. Stat. Ann. § 20-232 (Repl. 1968)). The Arkansas Supreme Court has declared in Colquitt v. Stevens, 111 Ark. 314, 163 S.W. 1141 (1914) that the persons holding record title to property must sign a petition for the establishment of an improvement district. The Court stated that a holder of a life estate in property was not able to sign a petition and that a wife, holding property in her own name, could not ratify her husband's signature which purported to obligate the property which she individually owned. Further, in Johnson v. Norsworthy, 239 Ark. 545, 390 S.W.2d 439 (1965) it was held that individuals who were the controlling owners of a corporation had not effectually signed for the corporation where only their individual names appeared on a petition with no reference to their capacity in the corporation. *2 Therefore, it is our opinion that a person must hold legal title to real property in the historic district before being considered a `property owner' and, therefore, being eligible to sign the required petition. Further, since the statute refers to `holders' of legal title, persons who own as tenants in common or joint tenants are property owners, since they hold an �© 2019 Thomson Reuters. No claim to original U.S. Government Works. Page 408 of 560 The Honorable Robert Johnston, Ark. Op. Atty. Gen. No. 77-130 (1977) ownership interest in real property which they can individually convey. Tenants by the entireties, on the other hand, would have to join together, as neither tenant could convey or obligate the property singly. Property owners, including governmental units, who are other than natural persons may join the petition by the signature of the president or other appropriate officer, keeping in mind the teaching of the Norsworthy case that the capacity in which the individual signs the petition should be exhibited on the petition. Once sufficient signatures have been obtained on the petition it should be filed with the City Clerk. If the Clerk determines that the petition contains a sufficient number of signatures, according to the property ownership lists, then the petition is prima facie valid and the city may proceed on that basis. Swiderski v. Goggins, 257 Ark. 164, 514 S.W.2d 705 (1974). The prima facie validity of the petition could be challenged in a proper judicial action. High v. Bailey, 203 Ark. 461, 157 S.W.2d 203 1941 . However, once the petition has been filed, signatures cannot be removed therefrom without judicial permission. Reed v. Paving District, 171 Ark. 710, 286 S.W. 829 (1926). The foregoing opinion, which I hereby approve, was prepared by Special Assistant Attorney General Lonnie A. Powers. Yours truly, Bill Clinton End of Document Ark. Op. Atty. Gen. No. 77-130 (Ark.A.G.), 1977 WL 23010 © 2019 Thomson Reuters. No claim to original U.S. Government Works. �© 2019 Thomson Reuters. No claim to original U.S. Government Works. Page 409 of 560 CITY OF FAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 13, 2024 TO: Mayor Jordan and City Council THRU: FROM: Blake Pennington, Assistant City Attorney CITY COUNCIL MEMO 2024-1721 SUBJECT: Amend § 50.04 Depositing on Vacant Lots - Council Member Turk RECOMMENDATION: Council Member Turk is sponsoring an ordinance to amend Section 50.04 to include a prohibition on dumping mulch, compost, fill dirt, and brush on vacant lots. BACKGROUND: DISCUSSION: BUDGET/STAFF IMPACT: ATTACHMENTS: Ord - Amend 50.04 Depositing on Vacant Lots - Councilmember Turk approved 2.7.24 (#3) Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 410 of 560 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Legislation Text File #: 2024-1721 Amend § 50.04 Depositing on Vacant Lots - Council Member Turk AN ORDINANCE TO AMEND §50.04 DEPOSITING ON VACANT LOTS OF THE FAYETTEVILLE CODE TO INCLUDE A PROHIBITION ON DUMPING MULCH, COMPOST, FILL DIRT, AND BRUSH ON VACANT LOTS IN THE CITY 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 repeals § 50.04 Depositing on Vacant Lots of the Fayetteville Code and enacts a replacement § 50.04 as follows: "50.04 Depositing on Vacant Lots It shall be unlawful for any person to dump, throw or otherwise deposit any mulch, compost, fill dirt, brush, garbage or trash or accumulations of the same on any vacant lot in the city." Page 1 Page 411 of 560 Civic Clerk Item No.: 2024-1721 AGENDA REQUEST FORM FOR: Council Meeting of February 20, 2024 FROM: Council Member Teresa Turk ORDINANCE OR RESOLUTION TITLE AND SUBJECT: AN ORDINANCE TO AMEND § 50.04 DEPOSITING ON VACANT LOTS OF THE FAYETTEVILLE CODE TO INCLUDE A PROHIBITION ON DUMPING MULCH, COMPOST, FILL DIRT, AND BRUSH ON VACANT LOTS IN THE CITY APPROVED FOR AGENDA: Approved by email City Council Member Teresa Turk Sr. Assistant eity Attorney Blake Pennington Approved as to form 2/7/24 2/7/24 Page 412 of 560 ORDINANCE NO. AN ORDINANCE TO AMEND § 50.04 DEPOSITING ON VACANT LOTS OF THE FAYETTEVILLE CODE TO INCLUDE A PROHIBITION ON DUMPING MULCH, COMPOST, FILL DIRT, AND BRUSH ON VACANT LOTS IN THE CITY 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 repeals § 50.04 Depositing on Vacant Lots of the Fayetteville Code and enacts a replacement § 50.04 as follows: "50.04 Depositing on Vacant Lots It shall be unlawful for any person to dump, throw or otherwise deposit any mulch, compost, fill dirt, brush, garbage or trash or accumulations of the same on any vacant lot in the city." PASSED and APPROVED this 20th day of February, 2024. APPROVED: ATTEST: M. LIONELD JORDAN, Mayor KARA PAXTON, City Clerk/Treasurer Page 413 of 560 CITY OF FAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 13, 2024 TO: Mayor Jordan and City Council CITY COUNCIL MEMO THRU: Susan Norton, Chief of Staff FROM: Alison Jumper, Director of Parks, Natural Resources and Cultural Affairs SUBJECT: Amendment Two to a Lease with the Fayetteville Public School District RECOMMENDATION: Approval of Amendment Two to an existing lease with the Fayetteville Public School District. BACKGROUND: 2024-1715 The City of Fayetteville and Fayetteville Public School District have enjoyed sharing use of property since 1973 to make the best use of resources. Over the years needs have changed and the lease has been amended from time to time based on the needs of the community. DISCUSSION: Staff has worked with the Fayetteville Public School legal counsel since last summer to clarify use of Lewis Fields and the Lake Fayetteville Environmental Study Center, and to make an addition to lease to include a District owned parking lot that serves the north end of Walker Park. This lease amendment will update the lease based on current property use and clarify the shared use of Lewis Fields that was previously included in the land purchase agreement. Major changes to the lease include: • Omitting the lease for the Lake Fayetteville Environmental Study Center • Omitting the lease for a portion of the old Jefferson School area grounds where the city formerly programmed a community garden • Including the priority scheduling for Fayetteville Public Schools for at least one of the fields at the Lewis St. property • Adding the use by the City of a parking area they own at the north end of Walker Park The lease terms will remain and expire in 2026, at which time either an amendment or a renewal will be presented for approval. BUDGET/STAFF IMPACT: None. ATTACHMENTS: SRF (#3), Amendment 2 to Lease Agreement with Fayetteville Public Schools - Signed (#4), 167-16 Resolution - Fayetteville Public School Agreement (#5), 5968 Amend Ord. 3898 (#6) Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 414 of 560 Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 415 of 560 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Legislation Text File #: 2024-1715 Amendment Two to a Lease with the Fayetteville Public School District AN ORDINANCE TO AMEND A JOINT LEASE AGREEMENT WITH THE FAYETTEVILLE SCHOOL DISTRICT FOR PORTIONS OF JEFFERSON ELEMENTARY SCHOOL, HOLCOMB ELEMENTARY SCHOOL, AND LAKE FAYETTEVILLE WHEREAS, on September 20, 2016, the City and Fayetteville School District entered into a Joint Lease Agreement for portions of Jefferson Elementary School, Holcomb Elementary School, and Lake Fayetteville; and WHEREAS, on April 18, 2017, the City Council passed Ordinance 5968 approving Amendment 1 to the Joint Lease Agreement to reduce the Lake Fayetteville leased premises by approximately 1.7 acres; and WHEREAS, the parties now desire to change the leased premises and other terms of the Agreement based on changes in use and recreational priorities. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign Amendment 2 to the Joint Lease Agreement with the Fayetteville School District, a copy of which is attached to this Ordinance. Page 1 Page 416 of 560 Alison Jumper Submitted By City of Fayetteville Staff Review Form 2024-1715 Item ID 2/20/2024 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 1/31/2024 PARKS & RECREATION (520) Submitted Date Division / Department Action Recommendation: Approval of Amendment Two to an existing lease with the Fayetteville Public School District. 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: Fund Project Title Total Amended Budget $ - Expenses (Actual+Encum) $ - Available Budget Item Cost $ - Budget Adjustment $ - Remaining Budget V20221130 Previous Ordinance or Resolution # 167-16, Ord 5968 Approval Date: Page 417 of 560 AMENDMENT #2 TO JOINT LEASE AGREEMENT WHEREAS, on September 20, 2016, the City of Fayetteville, Arkansas and Fayetteville School District entered into a Joint Lease Agreement for portions of Jefferson Elementary School, Holcomb Elementary School, and Lake Fayetteville; and WHEREAS, on April 18, 2017, the parties executed Amendment #1 to Joint Lease Agreement to reduce the Lake Fayetteville leased premises by approximately 1.7 acres; WHEREAS, the parties now desire to change the leased premises and other terms of the Agreement based on changes in use and recreational priorities; and WHEREAS, this document evidences the mutual agreement between the City of Fayetteville, Arkansas, a municipal corporation, hereafter called "the City," and Fayetteville School District, hereafter called "the District," to amend the current Joint Lease Agreement as follows: Section 1: 1. Strike "JEFFERSON ELEMENTARY SCHOOL" and "A portion of the grounds of Jefferson Elementary School identified in the map attached as Exhibit A." 2. Add the following language to be included as a new property leased by the City: "JEFFERSON ADMINISTRATION PARKING LOT; A portion of the parking lot of the Jefferson Administration Building identified in the map attached as Exhibit A." Section 2 1. Strike current language entirely. 2. Add the following language: "For and in consideration of the covenants and agreements herein entered into and agreed upon by the District as obligations to the City, the City agrees to give priority scheduling of at least one (1) field at Lewis Fields to the District for use by district club and intramural teams, at no cost to the District. The use of the field is non-exclusive, however the District is entitled to priority scheduling provided the District gives reasonable notice, as determined by the parties. The City will not charge a cost to the District for the use of the field or for the maintenance of the field" Section 3 1. Amended to read as follows: Page 418 of 560 "The term of this Joint Lease shall begin on September 20, 2016, and end on September 19, 2026, unless sooner terminated by three (3) months written notice by any of the parties hereto. The parties may waive the three month notice requirement by mutual written agreement." Section 4 1. Delete section (a) and replace with: Jefferson Administration BuildingPg Lot Maintain the parking lot, which includes litter pick up, striping, and repairing normal wear and tear from use; ➢ Ensure public use of the parking lot conforms to the City's expectation of public use for other City parks and public areas; and ➢ Promptly report any concerns or issues with the parking lot to the District. Section 6 1. Strike entirely Section 7 1. Strike entirely Section 8 1. Strike entirely Section 9 1. Strike entirely Section 18 1. Add the following language: "The parties agree and understand that this Amendment to the Joint Lease Agreement is complementary and supplementary to the Memorandum of Understanding between the parties regarding the Possession, Use, and Maintenance of the District's Portion of the Lewis Fields Property." EXHIBIT TO FOLLOW Page 419 of 560 IN WITNESS WHEREOF, the parties to Amendment No. 2 to the Joint Lease Agreement have caused their signatures to be set by their authorized representative effective the date set forth herein above. FAYETTEVILLE SCHOOL DISTRICT N#1i'NESS: CITY OF FAYETTEVILLE, ARKANSAS Lioneld Jordan, Mayor ATTEST: Kara Paxton, City Clerk -Treasurer Page 420 of 560 Exhibit A Replace with Jefferson Administration Building Parking Lot Exhibit A *use limited to the parking lot east of the creek, as indicated by the P Exhibit C Remove entirely. Page 421 of 560 N �. 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 167-16 File Number: 2016-0414 FAYETTEVILLE PUBLIC SCHOOLS JOINT LEASE AGREEMENT: A RESOLUTION TO APPROVE A JOINT LEASE AGREEMENT WITH THE FAYETTEVILLE SCHOOL DISTRICT FOR PORTIONS OF JEFFERSON ELEMENTARY SCHOOL, HOLCOMB ELEMENTARY SCHOOL AND LAKE FAYETTEVILLE. WHEREAS, the City Council of the City of Fayetteville and the Fayetteville School District have long worked together to provide recreational services to Fayetteville citizens and students; and WHEREAS, the previous lease agreement has expired and both the City of Fayetteville and Fayetteville School District desire to enter into a new agreement for the benefit of Fayetteville citizens and students. 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 approves a lease agreement with the Fayetteville School District which will allow the City to use portions of Jefferson Elementary School and Holcomb Elementary School for the benefit of the public and will allow the Fayetteville School District to use portions of Lake Fayetteville for the benefit of its students. PASSED and APPROVED on 9/20/2016 MrRF,I 0p'• SG�'� � •' • -o'er • y FAYETTEVILLE;� Attest: 9QkANSP�J� i0 1,,`�� Sondra E. Smith, City Clerk Treasurer Page 1 Printed on 9121116 Page 422 of 560 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 ,S�rri (479) 575-8323 Text File File Number: 2016-0414 Agenda Date: 9/20/2016 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 6 FAYETTEVILLE PUBLIC SCHOOLS JOINT LEASE AGREEMENT: A RESOLUTION TO APPROVE A JOINT LEASE AGREEMENT WITH THE FAYETTEVILLE SCHOOL DISTRICT FOR PORTIONS OF JEFFERSON ELEMENTARY SCHOOL, HOLCOMB ELEMENTARY SCHOOL AND LAKE FAYETTEVILLE WHEREAS, the City Council of the City of Fayetteville and the Fayetteville School District have long worked together to provide recreational services to Fayetteville citizens and students; and WHEREAS, the previous lease agreement has expired and both the City of Fayetteville and Fayetteville School District desire to enter into a new agreement for the benefit of Fayetteville citizens and students. 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 approves a lease agreement with the Fayetteville School District which will allow the City to use portions of Jefferson Elementary School and Holcomb Elementary School for the benefit of the public and will allow the Fayetteville School District to use portions of Lake Fayetteville for the benefit of its students. City of Fayetteville, Arkansas Page 1 Printed on 912112016 Page 423 of 560 JOINT LEASE AGREEMENT This Agreement, made and entered by and between the City of Fayetteville, Arkansas, a municipal corporation, hereafter called "the City," and the Fayetteville School District, hereafter called "the District," Witnesseth: 1. For and inconsideration of the covenants and agreements herein entered into and agreed upon by the City as obligations to the District, the District lets, leases and demises unto the City, subject to the terms and conditions contained herein, the following described properties situated in Washington, County, Arkansas: JEFFERSON ELEMENTARY SCHOOL A portion of the grounds of Jefferson Elementary School identified in the map attached as Exhibit A. HOLCOMB ELEMENTARY SCHOOL A part of the Southeast Quarter (SE'/4) of the Northwest Quarter (NW'/4) of Section 32, Township 17 North, Range 30 West, being more particularly described as follows: Commencing at the Southwest corner of said SE -NW, thence with the South line of said SE -NW South 87' 26' 29" East 992.643 feet, thence with the East line of said SE -NW North 02' 33' 39" East 210.689 feet, to the Point of Beginning; thence continuing with said East line North 02' 33' 38" East 276.225 feet; thence leaving said East line North 87' 26' 19" West 967.758 feet; thence South 02' 33' 41" West 276.225 feet; thence South 87' 26' 19" East 967.763 feet, to the Point of Beginning and containing 267,320 square feet (6.137 acres), more or less. The Holcomb Elementary School leased premises are further identified in the map attached as Exhibit B. 2. For and in consideration of the covenants and agreements herein entered into and agreed upon by the District as obligations to the City, the City non -exclusively lets, leases and demises unto the District, subject to the terms and conditions set forth under a separate Agreement, (provided that nothing contained herein shall in anyway affect the rights and obligations established by said separate Agreement), the following described property situated in Washington, County, Arkansas: 11N. 4MMMIAON000LYI0@y A part of the East Half of Section 13 and part of the East Half of Section 24, Township 17 North, Range 30 West, and part of the West Half of Section 18 and part of the West Half of Section 19, Township 17 North, Range 29 West, being more particularly described as follows: Beginning at the Northwest corner of the Southeast Quarter (SE'/4) of the Northeast Quarter (NE'/4) of said Section 13; thence with the North line of said SE- NE-13-17-30 South 87' 06' 01" East 1303.739 feet; thence South 02' 29' 13" West 17.192 feet thence South 87' 51' 20" East 818.386 feet; thence with the West right-of- way line of Highway 265 (Crossover Road) the following calls: South 06' 01' 18" West Page 424 of 560 2.822 feet; thence South 11' 44' 19" West 100.498 feet; thence South 06' 01' 42" West 47.6 feet; thence South 02' 51' 10" West 95.156 feet; thence South 03' 19' 2 1 " East 89.915 feet thence South 08' 19' 18" East 59.959 feet; thence South 1 1° 49' 2 1 " East 44.973 feet; thence South 14' 19' 18" East 29.984 feet; thence South 17' 19' 22" East 59.959 feet; thence South 19' 19' 20" East 832.701 feet; thence South 16' 46' 49" East 98.118 feet; thence South 09' 44' 20" East 173.596 feet; thence South 01 ° 14' 19" East 154.34 feet; thence South 02' 45' 41" West 926.592 feet; thence South 02' 44' 44" West 1322.566 feet; thence South 02' 35' 18" West 250.278 feet; thence leaving said West right-of-way line North 87' 36' 40" West 3750.975 feet; thence North 00' 10' 36" West 831.004 feet; thence North 72' 00' 17" East 1351.875 feet to a point on the West line of the SE-13-17-30; thence with said West line North 02' 09' 09" East 2935.509 feet, to the Point of Beginning and containing 266.760 acres, more or less. LESS AND EXCEPT all that portion of said parcel lying within the waters of Lake Fayetteville, said waters being more particularly described as that portion of said parcel lying below an elevation on 1238 feet above mean sea level, said elevation being the top of the Lake Fayetteville spillway. The Lake Fayetteville leased premises are further identified in the map attached as Exhibit C. 3. The term of this Joint Lease shall begin on . 44, 2016 and end on ZV' z 9 , 2026, unless sooner terminated by twelve (12) months written notice by any of the parties hereto. 4. The City agrees to perform the following: a. Jefferson Elementary School ➢ Build and maintain the community gardens; and ➢ Administer garden plots by subleasing individual or family plots to Fayetteville residents for a single growing season for non-commercial purposes. b. Holcomb Elementary School ➢ Pick up trash and mow leased area; and ➢ Schedule softball fields. 5. The District agrees to allow the City to use the Holcomb Elementary School parking lot and portions of the softball fields at Gary Hampton Softball Complex located on District property for softball leagues, tournaments and sport clinics at no charge. 6. The City agrees that the process of subleasing of Community Garden plots will be conducted in a fair and nondiscriminatory manner, and the fee charged will only be sufficient to cover estimated seasonal water use and minor administrative costs. -2- Page 425 of 560 7. The City agrees that access to the Community Gardens does not include access to any building on the former Jefferson School Grounds. All ingress/egress to the raised bed garden area shown on Exhibit A in the northwest area of the grounds will be provided through the wrought iron gate. The Fayetteville Community Garden Coalition and participating gardeners shall be responsible for maintaining the gardens and garden area upon the leased premises in a satisfactory condition. The premises shall, at all times, be maintained in a neat and orderly condition. All garden operations will be carried on in accordance with high standards, particularly in the areas of cleanliness, service and noise. 8. The District acknowledges that the lease for the Lake Fayetteville property is non- exclusive and agrees that the City may also enter into a separate lease agreement for the property with the Springdale School District. The District agrees to work with the Springdale School District and may enter into a separate agreement with the Springdale School District regarding access to and responsibilities and obligations with respect to the leased premises. 9. The District further acknowledges that the leased premises are part of Lake Fayetteville Park and that the Fayetteville Parks and Recreation Department will continue to manage the park property and conduct City -sponsored programs and special events at Lake Fayetteville, which may include the leased premises. The City and the District agree to communicate and work together to schedule programs and events to avoid conflicts in use of the leased premises. 10. The City and the District shall have the right to inspect the leased premises at all reasonable times. 11. Facility expansions and all site alterations must have prior written approval by the owner and meet all owner standards/procedures as well as all applicable federal, state and local laws for such expansions or alterations. Any permanent structure shall become a permanent fixture to the land, and become the property of the owner at the end of the lease term, unless otherwise agreed to in writing prior to construction of the structure. 12. Each party agrees to indemnify and hold the other and its officers, officials, employees, and agents harmless from any and all liability, including attorney's fees, for claims, expenses, loss or damage to persons or property resulting from their negligent acts, provided that nothing herein shall be construed to alter, limit or otherwise compromise that immunity afforded the City or the District under the Constitution and Statutes of the State of Arkansas. 13. The parties hereby agree that upon termination of this lease by expiration or by earlier termination for any reason whatsoever, they will peaceably deliver possession of the leased premises to the other, including all permanent fixtures, without demand. -3- Page 426 of 560 14. The parties agree not to violate any law, ordinance, rule or regulation of any government authority having jurisdiction over the premises. 15. It is agreed that the failure of either party to invoke any of the available remedies under this agreement or under law in the event of one or more breaches or defaults by the other under the agreement shall not be construed as a waiver of such provisions and conditions and shall not prevent the party from invoking such remedies in the event of any future breach or default. 16. Each paragraph of this agreement is severable from all other paragraphs. In the event any court of competent jurisdiction determines that any paragraph or subparagraph is invalid or unenforceable for any reason, all remaining paragraphs and subparagraphs shall remain in full force and effect. 17. This agreement shall be interpreted according to and enforced under the laws of the State of Arkansas. 18. The parties agree and understand that this Joint Lease Agreement is complementary and supplemental to the School Gymnasium Agreement, the fifty (50) year term of the Environmental Study Center Ordinance, and other leases and agreements already in force between the parties, and that it does not alter, amend or abridge any of the rights, obligations, or duties of the parties not expressly addressed herein. 19. This agreement may be executed in all or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. I WIT ESS WHEREOF, the parties hereto have set their hands this a�y of I'Vno af 2016. CITY OF F f ley. f ioneld J ATTEST: ARKANSAS FAYETTWVILLE SCHOOL DISTRICT By:_.," 6- . -- Sandra Smith, City {c-tr[' rA§urer i%6yET-rEV1L �y`F A • �!�✓ ••.M r.• C� tit ����'� a�inilil �1►� ��*1 t, Su ATTEST: By: -- Paula Neal, Administrative Assistant to the Superintendent NEIE Page 427 of 560 ACKNOWLEDGMENT State of Arkansas ) ) SS. County of Washington ) On this the ..5 day of Q40 2016, before me, a Notary Public, duly commissioned and acting in and for the State and County aforesaid, personally appeared LIONELD JORDAN and SONDRA SMITH, to me well known, who stated that they were the Mayor and City Clerk -Treasurer, respectively of the City of Fayetteville, Arkansas, and have been authorized by lawful resolution of the Fayetteville City Council to execute contracts on behalf of the City of Fayetteville, Arkansas, and that they acknowledged that they had execu.4dt'IN"Ift Jig instrument for the consideration uses and purposes therein contained. .ti` • • •q r�r In witness whereof I hereunto set my hand and official se1:, a My conic fission ex i5p • bl is -5- Page 428 of 560 1*1 a LA J Page 429 of 560 ]. ��v — r F4� /�- � ,r` .aft s ♦ K.'+ � •.,`.� . - .r a s, a Nk Ilk- r aim _ L � � Y fowl IFy 1. ! l J Or :` I r , CL (f) CL _ 3AV SMOCV3VV A r va '� i�"]y �-.►�f ' •x ?� M."^n -fir 'f''� �'9., �` S'�"` - 11 rti _ ro Page 430 of 560 47 i r N32f�3deff3 '! ## r , r SNHO 46Iv i'1'IF•f�`, � •1� N ��'y,y / j` ^� q y A * 1tia ♦ ti4 + ..W 'tir ,�'�} h 1•W RiTF'•l�'-w.�..� t .�.. �`��y i+���'- �"�� �t-y� r�•.,�, r `�.t "�_��--A._ SAY: ri'r�[3'� � �.'�''� '� Ir C12f F o USSPF'f w W �Q � '� .. `. _N" '4 'h �'R•. :, LI��� ��'^� w�tt. •. � `� psi , 1,Yi y�►�r^ si y av {`�.�J,��§J {f i,. �.j� � G�'"" rr k'R;.� ,r A. r' `• � x r'� • � 6 R �T ` i r fi yet r VFW Ai 04 LU x t ! S rf,, ii �y, i'.� �M§ �: .r wrr •wig. - ..� ! ,'u.. 7,,,.rat+}. Page 431 of 560 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 5968 File Number: 2017-0194 AMEND ORD. 3898, BOTANICAL GARDEN AND FAYETTEVILLE SCHOOLS AGREEMENT: AN ORDINANCE TO AMEND ORDINANCE 3898 BY REMOVING APPROXIMATELY 1.7 ACRES FROM THE LAKE FAYETTEVILLE NATURE STUDY CENTER RESERVE, TO APPROVE AN AMENDMENT TO THE JOINT LEASE AGREEMENT WITH THE FAYETTEVILLE SCHOOL DISTRICT TO REFLECT THE REMOVAL OF THE 1.7 ACRES, TO APPROVE AN AMENDMENT TO THE BOTANICAL GARDEN LAND LEASE AGREEMENT WITH THE BOTANICAL GARDEN SOCIETY OF THE OZARKS, INC. TO ADD APPROXIMATELY 1.7 ACRES TO THE LEASED PREMISES, AND TO APPROVE AN AMENDMENT TO THE BOTANICAL GARDEN OF THE OZARKS MASTER PLAN TO ADD AN OPERATIONS CENTER ON THE ADDITIONAL ACREAGE WHEREAS, on June 20, 1995, the City Council passed Ordinance 3898 to reserve and maintain more than 260 acres on the eastern end of Lake Fayetteville for nature study purposes for the benefit of Fayetteville residents as well as the Fayetteville and Springdale school districts which had jointly constructed a nature study center on the property; and WHEREAS, the Botanical Garden Society of the Ozarks, Inc. has identified a parcel of land approximately 1.7 acres in size adjacent to its leased premises that is currently within the nature study reserve on which it wants to construct an Operations Center to facilitate the maintenance of existing and future gardens; and WHEREAS, the Springdale School District and Fayetteville School District have agreed to the proposal to amend Ordinance 3898 and reduce the nature study enter reserve by approximately 1.7 acres, and the Fayetteville School District has also agreed to amend its Joint Lease Agreement with the City that covers portions of Jefferson Elementary School, Holcomb Elementary School, and Lake Fayetteville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF Page 1 Printed on 4119117 Page 432 of 560 Ordinance: 5968 File Number.' 2017-0194 FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends Ordinance 3898 to remove approximately 1.7 acres from the Lake Fayetteville Nature Study Center Reserve as shown on the map attached to the Parks and Recreation Department's Agenda Memo as Exhibit A. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves Amendment # 1 to the Joint Lease Agreement with the Fayetteville School District to remove approximately 1.7 acres from the leased premises. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby approves Amendment #1 to the Botanical Garden Land Lease Agreement with the Botanical Garden Society of the Ozarks, Inc. by adding approximately 1.7 acres to the leased premises and further approves an amendment to the Botanical Garden of the Ozarks Master Plan to add an Operations Center to the additional acreage. PASSED and APPROVED on 4/18/2017 Page 2 Attest: Sondra E. Smith, City Clerk Tr ��. Q) �C Y 0 -U� f:AYET-I EVII_LE; _ •� : X, '�;ys` �kAN��P•J�'�• �/Vii Printed on 4119117 Page 433 of 560 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2017-0194 Agenda Date: 4/18/2017 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 6 AMEND ORD. 3898, BOTANICAL GARDEN AND FAYETTEVILLE SCHOOLS AGREEMENT: AN ORDINANCE TO AMEND ORDINANCE 3898 BY REMOVING APPROXIMATELY 1.7 ACRES FROM THE LAKE FAYETTEVILLE NATURE STUDY CENTER RESERVE, TO APPROVE AN AMENDMENT TO THE JOINT LEASE AGREEMENT WITH THE FAYETTEVILLE SCHOOL DISTRICT TO REFLECT THE REMOVAL OF THE 1.7 ACRES, TO APPROVE AN AMENDMENT TO THE BOTANICAL GARDEN LAND LEASE AGREEMENT WITH THE BOTANICAL GARDEN SOCIETY OF THE OZARKS, INC. TO ADD APPROXIMATELY 1.7 ACRES TO THE LEASED PREMISES, AND TO APPROVE AN AMENDMENT TO THE BOTANICAL GARDEN OF THE OZARKS MASTER PLAN TO ADD AN OPERATIONS CENTER ON THE ADDITIONAL ACREAGE WHEREAS, on June 20, 1995, the City Council passed Ordinance 3898 to reserve and maintain more than 260 acres on the eastern end of Lake Fayetteville for nature study purposes for the benefit of Fayetteville residents as well as the Fayetteville and Springdale school districts which had jointly constructed a nature study center on the property; and WHEREAS, the Botanical Garden Society of the Ozarks, Inc. has identified a parcel of land approximately 1.7 acres in size adjacent to its leased premises that is currently within the nature study reserve on which it wants to construct an Operations Center to facilitate the maintenance of existing and future gardens; and WHEREAS, the Springdale School District and Fayetteville School District have agreed to the proposal to amend Ordinance 3898 and reduce the nature study center reserve by approximately 1.7 acres, and the Fayetteville School District has also agreed to amend its Joint Lease Agreement with the City that covers portions of Jefferson Elementary School, Holcomb Elementary School, and Lake Fayetteville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends Ordinance 3898 to remove approximately 1.7 acres from the Lake Fayetteville Nature Study Center Reserve as shown on the map attached to the Parks and Recreation Department's Agenda Memo as Exhibit A. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves Amendment # 1 to the Joint Lease Agreement with the Fayetteville School District to remove approximately 1.7 acres City of Fayetteville, Arkansas Page 1 Printed on 411912017 Page 434 of 560 File Number: 2017-0194 from the leased premises. Section That the City Council of the City of Fayetteville, Arkansas hereby approves Amendment #1 to the Botanical Garden Land Lease Agreement with the Botanical Garden Society of the Ozarks, Inc. by adding approximately 1.7 acres to the leased premises and further approves an amendment to the Botanical Garden of the Ozarks Master Plan to add an Operations Center to the additional acreage. City of Fayetteville, Arkansas Page 2 Printed on 411912017 Page 435 of 560 Connie Edmonston Submitted By City of Fayetteville Staff Review Form Legistai . _. _...._ 4/ 7 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 3/31/2017 Parks & Recreation / Parks & Recreation Department Submitted Date Division / Department Action Recommendation: Staff recommends approval of amendments to the Botanical Garden of the Ozarks' lease agreement and master plan, an agreement with Fayetteville Public Schools, and a Resolution and Ordinance for preservation of Lake Fayetteville Park in order to add 1.7± acres to build an Operations Center for maintenance purposes as requested by the Botanical Gardens of the Ozarks. Budget Impact: n/a Account Number Fund Project Number Project Title Budgeted Item? NA Current Budget $ Funds Obligated $ - Current Balance Does item have a cost? NA Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget I 1 V20140710 Previous Ordinance or Resolution # See below Original Contract Number: Comments: Res 34-73; Ord 3898; Res 166-14; Res 167-16 Approval Date Page 436 of 560 CITY OF • aeevle ARKANSAS MEETING OF APRIL 18, 2017 TO: Mayor and City Council THRU: Don Marr, Chief of Staff CITY COUNCIL AGENDA MEMO FROM: Connie Edmonston, Parks and Recreation Director DATE: March 31, 2017 SUBJECT: Amendment to Lake Fayetteville Agreements requested by the Botanical Garden of the Ozarks to add 1.7± acres to build an Operations Center. RECOMMENDATION: Staff recommends approval of amendments to the Botanical Garden of the Ozarks' lease agreement and master plan, an agreement with Fayetteville Public Schools, and a Resolution and Ordinance for preservation of Lake Fayetteville Park in order to add 1.7± acres to build an Operations Center for maintenance purposes as requested by the Botanical Gardens of the Ozarks. BACKGROUND: Lake Fayetteville was purchased in 1948 - 1949 to construct Lake Fayetteville -as a water supply for the City. The Beaver Water District was established in 1959 by Fayetteville, Springdale, Rogers and Bentonville to provide treated water from Beaver Lake. As a result, the City decided to utilize the 595 acres at Lake Fayetteville for recreational purposes and as a secondary water source for the City. - Over the years, the City has designated 260 acres on the north side of the lake as a nature study area for fifty year, approved a lease agreement with Fayetteville Public Schools for 260+ acres for the Lake Fayetteville Environmental Study Center and approved a lease agreement with the Botanical Garden of the Ozarks for 40 acres on the east side of the lake to establish a botanical garden. DISCUSSION: The Botanical Garden of the Ozarks (BGO) Board of Directors has requested an addition of approximately 1.7± acres on the north side of their current leased area. BGO intends to construct a 2,800 square foot operations center to facilitate maintenance of their gardens. This requested -area falls within the boundary of property that is currently leased to the school districts as a nature area. This land was chosen as the site most suitable to conduct maintenance of the gardens and the space is large enough to support future expansion of the garden. The Board stated they have obtained donor support for construction of the operations center to ultimately include five greenhouses, an office area, bulk storage, and compost area. This request will require amendments to three resolutions, one ordinance, and the 2028 Botanical Garden of the Ozarks Master Plan as outlined below: Mailing Address: 113 W Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 437 of 560 Resolution #34-73, approved by City Council on April 17, 1973, set aside 267 acres for fifty years on the northeastern section of Lake Fayetteville property to remain preserved, maintained primarily in its natural state, and developed as a Nature Study Center for the use of the Fayetteville and Springdale Public School Districts and as a natural park area for Fayetteville citizens. The school districts built the Lake Fayetteville Environmental Study Center in which thousands of students have gone through the center program for the past 40+ years. 2. In 1995, City Council passed Ordinance #3898 to reserve and maintain this area as a nature study area for an additional 50 years, or the year 2045. 3. A ten year joint lease agreement, Resolution 167-16, was passed on September 20, 2016 with Fayetteville Public Schools for the use of the Lake Fayetteville environmental study area in exchange for the City's use of the community garden located at the old Jefferson Elementary School and approximately 6 acres at Holcomb Elementary School where the city built a parking lot and a portion of the fields for the Gary Hampton Softball Complex. No lease agreement has been executed with the Springdale Public Schools for use of Lake Fayetteville. 4. The City has a 25 year lease agreement with the BGO for approximately 40 acres to operate a botanical garden according to Resolution 166-14, approved on September 2, 2014. 5. The 2028 BGO Master Plan was approved within the lease agreement included in Resolution 166-14. An amendment to the master plan is needed to add the Operations Center as described in their request and exhibited on the attached map. Letters were received from Fayetteville and Springdale Public Schools' Superintendents stating their approval to decrease the nature study land acreage on their south boundary -by 1.7 acres as designated on the attached map in order for BGO to provide a maintenance operations center. Parks and Recreation Advisory Board (PRAB) reviewed the proposal at their March 3, 2017 meeting and unanimously recommended approval to change the lease boundary as requested by the BGO. A lease map of Lake Fayetteville was created to illustrate the proposed lease boundary changes for the BGO and the Fayetteville School District. (See attached Lake Fayetteville Lease Map.) BUDGET/STAFF IMPACT: There will be no budget or staff impact on this proposal Attachments: Resolution 34-73: Lake Fayetteville Nature Study Area Ordinance 3898: Lake Fayetteville Nature Study Purposes Resolution 167-16: Agreement with Fayetteville Public Schools Resolution 166-14: Lease agreement with Botanical Gardens of the Ozarks BGSO Operations Center Request 2028 BGSO Master Plan Amendment Map Public School Superintendent Letters PRAB Meeting Minutes March 3, 2017 Lake Fayetteville Lease Map Page 438 of 560 Page 439 of 560 Page 440 of 560 AMENDMENT 41 TO JOINT LEASE AGREEMENT BE IT KNOWN TO ALL: That the City of Fayetteville, Arkan. • s (the "City") and the Fayetteville School District (the "District"), on this 1�� day of 2017, hereby agree that Paragraph 2 of their Joint Lease Agreement of September 2 , 2016, shall be amended by reducing the Lake Fayetteville leased premises by approximately 1.7 acres as shown on Exhibit "A", which is attached hereto and made a part hereof. The parties agree and understand that this Amendment is supplemental to their Joint Lease Agreement of September 20, 2016, and that it does not alter, amend or abridge any of the rights, obligations, or duties of the patties not expressly addressed herein. IN WITNESS WHEREOF, the parties hereto have caused their signatures to be set by their authorized representative effective the date set forth herein above. FAYETTEVILLE SCHOOL DISTRICT WITNESS: CITY O FAYETTEVILLE, KA"S ,ion Id Joy an, vor ATTEST: L!�:al,z,eL Cam• Sondra E. Smith, City Clerk -Treasurer 0RK G%r TR''��i •, ... L•• G0 Y 0�%9sG�� : FAYcTTEVILLE:;1)= Page 441 of 560 Page 442 of 560 AMENDMENT #1 TO BOTANICAL GARDEN LAND LEASE AGREEMENT BE IT KNOWN TO ALL: That the City of Fayetteville, Arkansas (th "Cit ") and the Botanical Garden Society of the Ozarks, Inc., on this _L� ►r�.�ay of 2U17, hereby agree that Paragraph 1 of the Botanical Garden Land Lease Agreement p . ept nb4 2, 2014, shall be amended by adding to the leased premises approximately 1.7 acres as shown on Exhibit "A", which is attached hereto and made a part hereof, for the purpose of constructing an Operations Center to facilitate maintenance of existing and future gardens The parties agree and understand that this Amendment is supplemental to the Botanical Garden Land Lease Agreement of September 2, 2014, and that it does not alter, amend or abridge any of the rights, obligations, or duties of the parties not expressly addressed herein, IN WITNESS WHEREOF, the parties hereto have caused their signatures to be set by their authorized representative effective the date set forth herein above. BOTANICAL GARDEN SOCIETY OF THE OZARK_S - tjo&fte Taylor, Executive Director WITNESS: CITY FAYETTEVILLE, AR < SAS 1 ioneld Joi,Hll i 4apl' FAV89M Z.,/. Co. Zr -& Sondra E. Smith, City Clerk -Treasurer Page 444 of 560 Page 445 of 560 AA -P R B S 0 L U T I O N ,/6fPIWy lk-s 3q-13 WHEREAS, It is the expressed intent of thelFayeitteville City Board of Directors to develop Lake Fayetteville and the surround- ing City property as a public use area, and WHEREAS, it is intended that the eastern portion-of'the­Lake property be reserved and developed as a nature study area, and WHEREAS, the Fayetteville and Springdale school distric-ts•1-.:.. wish to construct a nature study center on the eastern portio.n-_of',,` the Lake property; NOW, THEREFORE, BE IT RESOLVED that the Fayetteville City-. Board of Directors hereby gives assurance to the school, districts that the eastern portion of the Lake property as shown on Lake•. Fayetteville Development.Map extending to Crossover. Road will be reserved in its natural state as a nature study area, for a•period of at least fifty years, and any structures or other improvements installed by the school districts on this property will be pro - served and allowed to remain on the property for nature•study.' purposes for a period of at least fifty years from the date. hereof. RESOLVED THIS r?I DAY OF , 1973. APPROVED: ATTEST: Page 447 of 560 ORDINANCE NO. 3898 '4Me )1�;y MICROFILMED AN ORDINANCE RESERVING AND MAINTAINING THE EASTERN PORTION OF LAKE FAYETTEVILLE IN ITS NATURAL. STATE, AND PRESERVING AND ALLOWING CERTAIN CURRENTLY INSTALLED STRUCTURES TO REMAIN ON THE PROPERTY FOR NATURE STUDY PURPOSES. WHEREAS, it is the expressed intent of the Fayetteville City Council to maintain Lake Fayetteville and the surrounding city property as a public use area; a4 WHEREAS, it is the desire of the people of Fayetteville to reserve and maintain the eastern portion of the lake property as a nature study area; and, - WHEREAS, the Arkansas Natural Heritage Commission has placed the study center on its Registry of Natural Areas; and, WHEREAS, The Fayetteville and Springdale school districts have constructed a nature study center on the eastern portion of the lake property and have committed to a sustaining investment in facilities and faculty,, and, WHEREAS, the Nature Study Center provides an opportunity to increase the educational program for students for environmental concerns and increases the environmental awareness of the general public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL -OF THE CITY OF FAYETTEVILLE, ARKANSAS: - Section 1. That the eastern portion of the Lake Fayetteville property, shown in Exhibit "A" and made -a part hereof, is reserved and is to be maintained in its natural state. Section 2. Be it further ordained that any structures or other improvements currently installed by the school districts on this property will be preserved and allowed to remain on the property for nature study purposes for a period of at least fifty years from the date of enactment of this ordinance.' PASSED AND APPROVED this ;ojA day of June , 1995. AI'PktOVC By: Fred Hanna, Mayor - f� ATTEST: fay: % Traci Paul, City Clerk Page 448 of 560 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 167-16 File Number: 2016-0414 FAYETTEVILLE PUBLIC SCHOOLS JOINT LEASE AGREEMENT: A RESOLUTION TO APPROVE A JOINT LEASE AGREEMENT WITH THE FAYETTEVILLE SCHOOL DISTRICT FOR PORTIONS OF JEFFERSON ELEMENTARY SCHOOL, HOLCOMB ELEMENTARY SCHOOL AND LAKE FAYETTEVILLE. WHEREAS, the City Council of the City of Fayetteville and the Fayetteville School District have long worked together to provide recreational services to Fayetteville citizens and students; and WHEREAS, the previous lease agreement has expired and both the City of Fayetteville and Fayetteville School District desire to enter into a new agreement for the benefit of Fayetteville citizens and students. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section I: That the City Council of the City of Fayetteville, Arkansas hereby approves a lease agreement with the Fayetteville School District which will allow the City to use portions of Jefferson Elementary School and Holcomb Elementary School for the benefit of the public and will allow the Fayetteville School District to use portions of Lake Fayetteville for the benefit of its students. PASSED and APPROVED -on 9/20/2016 �1111111f 11119 \, RY, T11�F��i,� �Z Y opGZ�f FAYET FFVII LL • _ Attest: yS;' �RKANSP�•'�'.�: icy• ....•• J`�` i/V Lal, Sondra E. Smith, City Clerk Treasurer Page 1 Printed on 9121116 Page 449 of 560 e: City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 [�f tri� (479) 575-8323 ff Text File File Number: 2016-0414 Agenda Date: 9/20/2016 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 6 FAYETTEVILLE PUBLIC SCHOOLS JOINT LEASE AGREEMENT: A RESOLUTION TO APPROVE A JOINT LEASE AGREEMENT WITH THE FAYETTEVILLE SCHOOL DISTRICT FOR PORTIONS OF JEFFERSON ELEMENTARY SCHOOL, HOLCOMB ELEMENTARY SCHOOL AND LAKE FAYETTEVILLE WHEREAS, the City Council of the City of Fayetteville and the Fayetteville School District have long worked together to provide recreational services to Fayetteville citizens and students; and WHEREAS, the previous lease agreement has expired and both the City of Fayetteville and Fayetteville School District desire to enter into a new agreement for the benefit of Fayetteville citizens and students. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANS-AS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a lease agreement with the Fayetteville School District which- will allow the City to use portions of Jefferson Elementary School and Holcomb Elementary School for the benefit of the public and will allow the Fayetteville School District to use portions of Lake Fayetteville for the benefit of its students. City of Fayetteville, Arkansas Page 1 Printed on 912112016 Page 450 of 560 JOINT LEASE AGREEMENT This Agreement, made and entered by and between the City of Fayetteville, Arkansas, a municipal corporation, hereafter called "the City," and the Fayetteville School District, hereafter called "the District," Witnesseth: 1. For and inconsideration of the covenants and agreements herein entered into and agreed upon by the City as obligations to the District, the District lets, leases and demises unto the City, subject to the terms and conditions contained herein, the following described properties situated in Washington, County, Arkansas: JEFFERSON ELEMENTARY SCHOOL A portion of the grounds of Jefferson Elementary School identified in the map attached as Exhibit A. HOLCOMB ELEMENTARY SCHOOL A part of the Southeast Quarter (SE'/4) of the Northwest Quarter (N W'/4) of Section 32, Township 17 North, Range 30 West, being more particularly described as follows: Commencing at the Southwest corner of said SE -NW, thence with the South line of said SE -NW South 87' 26' 29" East-992.643 feet, thence with the East line of said SE -NW North 026 33' 39" East 210.689 feet, to the Point of Beginning; thence continuing with said East line North 02' 33' 38" East 276.225 feet; thence leaving said East line North 87' 26' 19" West 967.758 feet; thence South 02' 33' 41" West 276.225 feet; thence South 87' 26' 19" East 967.763 feet, to the Point of Beginning and containing 267,320 square feet (6.137 acres), more or less. The Holcomb Elementary School leased premises are further identified in the map attached as Exhibit B. 2. For and in consideration of the covenants and agreements herein entered into and agreed upon by the District as obligations to the City, the City non -exclusively lets, leases and demises unto the District, subject to the terms and conditions set forth under a separate Agreement, (provided that nothing contained herein shall in any way affect the rights and obligations established by said separate Agreement), the following described property situated in Washington, County, Arkansas: LAKE FAYETTEVILLE A part of the East Half of Section 13 and part ofthe East Half of Section 24, Township 17 North, Range 30 West, and part of the West Half of Section 18 and part of the West Half of Section 19, Township 17 North, Range 29 West, being more particularly described as follows: Beginning at the Northwest corner of the Southeast Quarter (SE'/4) ofthe Northeast Quarter (NE'/4) of said Section 13; thence with the North I ine of said SE- NE-13-17-30 South 87' 06' 01" East 1303.739 feet; thence South 02' 29' 13" West 17.192 feet thence South 87' 51' 20" East 818.386 feet; thence with the West right-of- wayline of Highway265 (Crossover Road) the following calls: South 06' 0V 18" West Page 451 of 560 2.822 feet; thence South 11' 44' 19" West 100.498 feet; thence South 06' 01' 42" West 47.6 feet; thence South 02' 51' 10" West 95.156 feet; thence South 03' 19' 21" East 89.915 feet thence South 09' 19' 18" East 59.959 feet; thence South 1 1° 49' 21" East 44.973 feet; thence South 14' 19' 18" East 29.984 feet; thence South 17' 19' 22" East 59.959 feet; thence South 19' 19' 20" East 832,701 feet; thence South 16' 46' 49" East 98.118 feet; thence South 09' 44' 20" East 173.596 feet; thence South 01 ° 14' 19" East 154.34 feet; thence South 02' 45' 41" West 926,592 feet; thence South 02' 44' 44" West 1322.566 feet; thence South 02' 35' 18" West 250.278 feet; thence leaving said West right-of-way line North 87' 36' 40" West 3750.9-75 feet; thence North 00' 10' 36" West 831.004 feet; thence North 72' 00' 17" East 1351.875 feet to a point on the West line of the SE-13-17-30; thence with said West line North 02' 09' 09" East2935.509 feet, to the Point of Beginning and containing 266.760 acres, more or less. LESS AND EXCEPT all that portion of said parcel lying within the waters of Lake Fayetteville, said waters being more particularly described as that portion of said parcel lying below an elevation on 1238 feet above mean sea level, said elevation being the top of the bake Fayetteville spillway. The Lake Fayetteville leased premises are further identified in the map attached as Exhibit C. 3. The term of this Joint Lease shall begin on � � 2016 and end on ie_ /L, 2026, unless sooner terminated by twelve (12) months written notice by any of the parties hereto. 4. The City agrees to perform the following: a. Jefferson Elementary School ➢ Build and maintain the community gardens; and ➢ Administer garden plots by subleasing individual or family plots to Fayetteville residents for a single growing season for non-cornrnercial purposes. b. Holcomb Elementary School ➢ Pick up trash and mow leased area; and ➢ Schedule softball fields. 5. The District agrees to allow the City to use the Holcomb Elementary School parking lot and portions of the softball fields at Gary Hampton Softball Complex located on District property for softball leagues, tournaments and sport clinics at no charge. The City agrees that the process of subleasing of Community Garden plots will be conducted in a fair and nondiscriminatory manner, and the fee charged will only be sufficient to cover estimated seasonal water use and minor administrative costs. _2_ Page 452 of 560 7. The City agrees that access to the Community Gardens does not include access to any building on the former Jefferson School Grounds. All ingress/egress to the raised bed garden area shown on Exhibit A in the northwest area of the grounds will be provided through the wrought iron gate. The Fayetteville Community Garden Coalition and participating gardeners shall be responsible for maintaining the gardens and garden area upon the leased premises in a satisfactory condition. The premises shall, at all times, be maintained in a neat and orderly condition. All garden operations will be carried on in accordance with high standards, particularly in the areas of cleanliness, service and noise. S. The District acknowledges that the lease for the Lake Fayetteville property is non- exclusive and agrees that the City may also enter into a separate lease agreement for the property with the Springdale School District. The District agrees to work with the Springdale School District and may enter into a separate agreement with the Springdale School District regarding access to and responsibilities and obligations with respect to the leased premises. - The District further acknowledges that the leased premises are part of Lake Fayetteville Park and that the Fayetteville Parks and Recreation Department will continue to manage the park property and conduct City -sponsored programs and special events at Lake Fayetteville, which may include the leased premises. The City and the District agree to communicate and work together to schedule programs and events to avoid conflicts in use of the leased premises. 10. The City and the District shall have the right to inspect the leased premises at all reasonable times. 11. Facility expansions and all site alterations must have prior written approval by the owner and meet all owner standards/procedures as well as all applicable federal, state and local laws for such expansions or alterations. Any permanent structure shall become a permanent fixture to the land, and become the property of the owner at the end of the lease term, unless otherwise agreed to in writing prior to construction of the structure. 12. Each party agrees to indemnify and hold the other and its officers, officials, employees, and agents hannless fi-om any and all liability, including attorney's fees, for claims, expenses, loss or damage to persons or property resulting from their negligent acts, provided that nothing herein shall be construed to alter, limit or otherwise compromise that immunity afforded the City or the District under the Congtitution and Statutes of the State of Arkansas. 13. The parties hereby agree that upon termination of this lease by expiration or by earlier termination for any reason whatsoever, they will peaceably deliver possession of the leased premises to the other, including all permanent fixtures, without demand. -3- Page 453 of 560 14. The parties agree not to violate any law, ordinance, rule or regulation of any government authority having jurisdiction over the premises. 15. It is agreed that the failure of either party to invoke any of the available remedies under this agreement or under law in the event of one or more breaches or defaults by the other under the agreement shall not be construed as a waiver of such provisions and conditions and shall not prevent the party from invoking such remedies in the event of any future breach or default. 16. Each paragraph of this agreement is severable from all other paragraphs. In the event any court of competent jurisdiction determines that any paragraph or subparagraph is invalid or unenforceable for any reason, all remaining paragraphs and subparagraphs shall remain in full force and effect. 17. This agreement shall be interpreted according to and enforced under the laws of the State of Arkansas. 18. The parties agree and understand that this Joint Lease Agreement is complementary and supplemental to the School Gymnasium Agreement, the fifty (50) year term of the Environmental Study Center Ordinance, and other leases and agreements already in force between the parties, and that it does not alter, amend or abridge any of the rights, obligations, or duties of the parties not expressly addressed herein. 19. This agreement may be executed in all or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. I WIT ESS WHEREOF, the parties hereto have set their hands this- � y of ly2016. CITY OFF YE' By: , _ Jordi ATTEST: LLE, ARI{ANSAS FAY By: Sondra Smith, City qJq !PftR§ rer i7K By: SCHOOL DISTRICT , Soperinten lent A f l'HS T: By: Paula Neal, Administrative Assistant to the Superintendent Page 454 of 560 ACKNOWLEDGMENT_ State of Arkansas ) ) SS. County of Washington ) On this the .,, day of 2016, before me, a Notary Public, duly commissioned and acting in and for the State and County aforesaid, personally appeared LIONELD JORDAN and SONDRA SMITH, to me well known, who stated that they were the Mayor and City Clerk -Treasurer, respectively of the City of Fayetteville, Arkansas, and have been authorized by lawful resolution of the Fayetteville City Council to execute contracts on behalf of the City of ayettevi lie, Arkansas, and tliat they acknovuleclged that they had exec *61%41jj�ib instrument for the consideration, uses and purposes therein contained.S ,.�zt.�,Q ,� �0y'•90 In witness whereof I hereunto set my hand and official scS—"-:e My coma ission expir • 02-- � -ao/� ��c � —�. '()tary Public; 5- Page 455 of 560 Page 456 of 560 RESOLUTION NO. 166-14 A RESOLUTION TO APPROVE THE BOTANICAL GARDEN LAND LEASE AGREEMENT WITH THE BOTANICAL GARDEN SOCIETY OF THE OZARKS, INC. WHEREAS, for almost two decades the Botanical Garden Society and the City of Fayetteville have cooperated and worked harmoniously to create and improve the Botanical Gardens of the Ozarks on substantial acreage on the eastern side of Lake Fayetteville Park; and WHEREAS, an initial twenty five year Lease Agreement for the Botanical Garden was entered into between the Botanical Garden Society and the City of Fayetteville on September 2, 1997; and WHEREAS, a replacement twenty five year Land Lease Agreement between the City and the Botanical Garden Society was agreed to on September 2, 2003; and WHEREAS, in order to help spur further development of the Botanical Garden and to better serve Fayetteville citizens, the City of Fayetteville entered into a Contract on July 16, 2004 with the Botanical Garden Society in which the City invested $250,000.00 "to construct the entry and grounds infrastructure (driveway, parking, walkways, Great Lawn, etc.)" for the Botanical Garden as well as another $500,000.00 to complete the Carl Totemeier Building; and WHEREAS, in 2007, the Botanical Garden Society received a $115,128.00 Federal Grant through the Arkansas Parks and Tourism Outdoor Recreation Grant Program for display gardens and parking which requires ongoing duties of public availability, nondiscrimination, maintenance, etc. for the Botanical Garden Society; and - WHEREAS, the parties now wish to modify the leased premises and other provisions of the lease by entering into a new Land Lease Agreement to replace the existing Land Lease Agreement of 2003; and WHEREAS, by their execution of this Land Lease Agreement, the parties wish to express and confirm their approval of the 2028 Botanical Garden of the Ozarks Master Plan including the plan for the City to build a new parking lot designated and devoted for City trail users between the Southeast corner of the premises and Highway 265. 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 approves and agrees to the Botanical Garden Land Lease Agreement attached to this Resolution and authorizes Mayor Jordan to sign this Lease Agreement. Page 457 of 560 13y Page 2 Resolution No. 166-14 PASSED and APPROVED this 2"1 day of September, 2014, By: 1SL'hi�fil i . �s-Y�y SONDRA ri,,• SMITH, City Clerk/Treasurer •1 1! VII Page 458 of 560 BOTANICAL GARDEN LAND LEASE AGREEMENT This Agreement to lease a substantial portion of the east side of Lake Fayetteville Park to the Botanical Garden Society of the Ozarks, Inc. as shown on the 2028 Botanical Garden of the Ozarks Master Plan for the continued use and continuing development of the Botanical Gardens of the Ozarks and to approve the 2028 Botanical Garden of the Ozarks Master Plan is entered into by and between the City of Fayetteville as landlord and the Botanical Garden Society of the Ozarks, Inc. (hereinafter the "Botanical Garden Society") as tenant on this r _ day of AurVm- WHEREAS, 1, for almost two decades the Botanical Garden Society and the City of Fayetteville have cooperated and worked harmoniously to create and improve the Botanical Gardens of the Ozarks on substantial acreage on the eastern side of Lake Fayetteville Park; and WHEREAS, an initial twenty five year Lease Agreement for the Botanical Garden was entered into between the Botanical Garden Society and the City of Fayetteville on September 2,1997; and WHEREAS, a replacement twenty five year Land Lease Agreement between the City and the Botanical Garden Society was agreed to on September 2, 2003; and WHEREAS, in order to help spur further development of the Botanical Garden and to better serve Fayetteville citizens, the City of Fayetteville entered into a Contract on July 16, 2004 with the Botanical Garden Society in which the City invested $250,000.00 "to construct the entry and grounds infrastructure (driveway, parking, walkways, Great Lawn, etc.)" for the Botanical Garden as well as another $500,000.00 to complete the Carl Totemeier Building; and WHEREAS, in 2007, the Botanical Garden Society received a $115,128.00 Federal Grant through the Arkansas Parks and Tourism Outdoor Recreation Grant Program for display gardens and parking which requires ongoing duties of public availability, nondiscrimination, maintenance, etc. for the Botanical Garden Society; and WHEREAS, the parties now wish to modify the leased premises and other provisions of the lease by entering into a new Land Lease Agreement to replace the existing Land Lease Agreement of 2003; and WHEREAS, by their execution of this Land Lease Agreement, the parties wish to express and confirm their approval of the 2028 Botanical Garden of the Ozarks Master Plan including the plan for the City to build a new parking lot designated and devoted for City trail users on the Southeast corner of the premises. Page 459 of 560 NOW, THEREFORE, the City of Fayetteville and the Botanical Garden Society of the Ozarks, Inc, hereby mutually covenant and agree as follows: 1. Leased Premises The City of Fayetteville agrees to Lease the land shown on the attached map showing the agreed 2028 Botanical Garden of the Ozarks Master Plan (Exhibit A) to the Botanical Gardens Society of the Ozarks, Inc. which agrees to accept such leased premises to be used for the purposes normally associated with a botanical garden and as set forth in later provisions of this lease. 2. Use of Leased Premises The Botanical Garden Society agrees that it will, as a nonprofit public charitable corporation, operate, maintain, improve, and promote the Botanical Garden of the Ozarks upon the premises on behalf of the City of Fayetteville, its citizens and visitors. 3. Consideration for the Lease In consideration of the thirty six year lease and any extensions thereof of about 40 acres of City of Fayetteville parkland to the Botanical Garden Society of the Ozarks, Inc., the City's $750,000.00 investment in 2004 to fund the driveway, parking lot and completion of the Totemeier Building, and the City's agreement to build a second trail users' public parking lot on the Southeast corner of the leased premises, the Botanical Garden Society of the Ozarks, Inc. agrees to: A. Provide free access to the Botanical Garden of the Ozarks to Fayetteville School children on official, school sponsored academic visits, except for the Annual Northwest Arkansas Regional School Education Program and assist in the botanical education of the students. B. Provide free access to the Botanical Garden for all Fayetteville residents on Saturday mornings from 9:00 a.m. to noon. Free access for both Fayetteville school children and residents does not have to include all displays, areas, gardens and buildings, but must include at least the Great Lawn, the, surrounding Display Gardens and the Totemeier Building. C. Maintain 24 hours a day, seven days a week public access to the existing parking lot built with City funds for persons desiring to access the Lake Fayetteville trails. The Botanical Garden Society may use signs and personnel to direct parkers to the supplemental parking lot once constructed by the City and available to City trail users. 2 Page 460 of 560 D. Maintain 24 hours per day, seven days a week public access to the proposed parking lot to be built by the City on the Southeast corner of the premises. This parking lot shall be devoted to and limited to City trail users, and the City is empowered to place appropriate signage for this lot and to enforce such parking restrictions just as with any other City parking lot. E. Operate, maintain, improve and promote the Botanical Garden of the Ozarks and all of the premises leased from the City. 4. Lease Term This lease term shall commence upon the approval and execution by both the Botanical Garden Society of the Ozarks, Inc. and the City of Fayetteville. It shall continue for about thirty six (36) years until June 30, 2050, unless sooner terminated pursuant to this Agreement or by mutual consent of the parties. This Lease Agreement shall automatically be renewed for a subsequent twenty five (25) year term unless either party notifies the other party in writing of its desire to terminate the lease at the end of the initial term by giving such written notice prior to June 30, 2044. This Lease Agreement shall automatically renew for a third twenty five (25) year term unless either party notifies the other party in writing of its desire to terminate the lease at the end of the second term by giving such written notice prior to June 30, 2074. As long as the Botanical Garden Society of the Ozarks, Inc. continues to successfully operate, maintain and promote the Botanical Garden and has abided by all of the terms of this Land Lease Agreement, the City shall not unreasonably deny the subsequent twenty five year lease terms. 5. Botanical Garden Operating Policies The Botanical Garden Operating Policies shall ensure nondiscriminatory operating polices for the Garden for all Fayetteville residents and school children. These policies will be designed to preserve and maintain the integrity of all buildings, grounds and improvements on the property although the Botanical Garden Society may alter or remove buildings and improvements when needed for further improvements, construction or for safety reasons. 6. Botanical Garden Rules and Regulations The Botanical Garden Society may establish and enforce any reasonable rules and regulations regarding behavior of visitors to assure the well-being of the plants and gardens, as well as the safety, comfort and quality of experience for visitors to the premises and shall provide copies of these rules and regulations to the City. To the extent permitted by law, either the City or the Botanical Garden Society may exclude 3 Page 461 of 560 objectionable uses, or abusive or offensive persons from all premises subject to this agreement. 7. Botanical Garden Operation and Supervision The Botanical Garden Society shall exercise sole operational and supervisory authority over all grounds, buildings and personnel of the Botanical Garden and over all such matters, including but not limited to, safety, insurance, planning, plant acquisitions, displays and gardens, and the purchase, exchange, or acquisition of additional items to be added to the collection, except as otherwise provided in this -agreement. The Botanical Garden Society at its expense will be responsible for all maintenance and security associated with the operation of the Botanical Garden, including equipment, parking lots, and other improvements. The Botanical Garden Society may not sublet any portion of the property without the express written consent of the City Council except that the Botanical Garden Society may temporarily rent areas or buildings for short term special events such as weddings and receptions. Such events may not interfere with Fayetteville residents' right to access the Great Lawn, the surrounding gardens and Totemeier Building on Saturday mornings. 8. Trails The Botanical Garden Society, City of Fayetteville and trail user groups have agreed to the location of the hard surface and soft surface trails that go past or through the leased premises as shown on the Master Plan of 2028 (attached). The Botanical Garden Society agrees to continue to permit and authorize constant and unimpeded access to these City trails from its current parking lot, the proposed new trail users' parking lot to be constructed by the City and at other reasonably designated locations. The City agrees that its trails are publicly accessible and accessible to patrons, volunteers and employees of the Botanical Garden. Both parties pledge to continue to work together to minimize any possible adverse effect that the public City trails and the Botanical Garden could have on each other and to make all reasonable efforts to ensure that users of the Botanical Garden and the City trails facilitate, respect and honor each other. The City retains the right to access, maintain, repair, reconstruct, enhance, and modify trails within the leased premises. 9. Botanical Garden Society of the Ozarks, Inc. is an independent entity The parties agree that the Botanical Garden Society of the Ozarks, Inc. is an independent entity and nonprofit public charitable Arkansas corporation and will maintain that status and remain in good standing throughout the lease terms. The City of Fayetteville has no authority to hire, fire or supervise any Botanical Garden Society employee. The Botanical Garden Society has the sole authority for selecting, 4 Page 462 of 560 engaging, terminating, fixing compensation, supervising and otherwise directing all of its personnel, contractors and volunteers. 10. Botanical Garden Master Plan The Botanical Garden Society of the Ozarks, Inc. has created its 2028 Botanical Garden of the Ozarks Master Plan which supersedes and replaces all former Master Plans. By agreeing to this Land Lease Agreement, both the City of Fayetteville and the Botanical Garden Society agree to, approve of, and adopt the 2028 Botanical Garden of the Ozarks Master Plan which is attached to this Agreement. This Master Plan shall be the development guide for future construction, expansion and improvements to the leased premises. The Botanical Garden Society shall submit to the City for review site and construction plans for future construction, alterations and improvements that should be in conformity with the 2028 Master Plan or any amendments thereto. All such construction must comply with the Unified Development Code. The 2028 Botanical Garden of the Ozarks Master Plan may be amended as needed in the future upon the mutual agreement of the Botanical Garden Society and the City of Fayetteville. 11.Operations and Development must comply with Federal, State and City requirements and restrictions The Botanical Garden Society acknowledges that certain federal use and operating restrictions apply to the entire Lake Fayetteville Park property and it agrees to always be in full compliance with such Federal requirements and restrictions as well as State or City requirements and restrictions. Specifically the Botanical Garden Society agrees it will not do any development nor operate in such a manner that would violate Federal Outdoor Recreation Grants. The Botanical Garden Society agrees to always use best management practices including obeying all State and City laws and regulations governing the use of pesticides, herbicides and fertilizers to protect the quality of water flowing into Lake Fayetteville which is the City's secondary water source. The Botanical Garden Society shall maintain at least a 100 feet minimum setback from normal water elevation of Lake Fayetteville. 12.Insurance The Botanical Garden Society agrees to obtain and maintain through the duration of the lease at its own expense, Commercial General Liability Insurance covering public liability, bodily injuries, death, products liability and property damage for damages and expenses arising out of the operation of the Garden. Page 463 of 560 13. Defense and Indemnification The Botanical Garden Society agrees to defend, indemnify and hold the City, its officers, employees, agents and representatives harmless against all damages, expenses, loss or liability from any claim or suit arising or alleged to have risen from any act or omission of the Botanical Garden Society, its officers, employees, agents or representatives by reason of the operation of the Garden under this agreement, including, but not limited to, damage to or destruction of property or injuries to or death of a person or persons. 14. Selection of Trustees The Botanical Garden Society agrees that the City Council may appoint one member of the Botanical Garden Society's Board of Directors. Another member shall be a current member of the City's Parks and Recreation Advisory Board and a third member shall be a Parks and Recreation Department employee. The Botanical Garden Society further agrees to supply the names of those persons elected to the Board of Directors to the City Clerk as public record. The Board of Directors shall faithfully and diligently exercise such authority as herein conferred in conformity with the provisions of this agreement. 15. Nonprofit Corporate Status The Botanical Garden Society shall file a true and correct copy of its corporate charter, with amendments, if any, and an accurate and complete copy of its Bylaws and any amendments thereto, and a copy of the I.R.S. Letter of Determination of I.R.C. Sec. 501(c)(3) status with the City to be maintained as a public record. In the event of subsequent amendments to such charter or bylaws, true and correct copies of the same shall be timely filed with the City Clerk. If the IRS revokes the Botanical Garden Society's 501(c)(3) status, the Botanical Garden Society shall immediately notify the City of this occurrence. 16. Financial Reports The Botanical Garden Society shall provide the City a copy of the financial audit of the Garden's financial books and records every year. The report will be provided within ninety (90) days of each completed audit. In addition, the Botanical Garden Society shall timely provide to the City the yearly operating budget of the Botanical Garden Society. Page 464 of 560 17. Rent, Fees, Conce9sions and Taxes The Botanical Garden Society shall have the right to set admission fees to the Garden as well as fees for optional services such as programs, space rental, etc. Fees shall be reasonable and in line with similar services available in the tourism market place. The Botanical Garden Society shall pay promptly all taxes and license fees of whatever nature applicable under municipal, state, and federal law. In addition, the parties agree that the Botanical Garden Society shall indemnify and save the City harmless from and against any liens or similar liabilities claimed or charges against the Botanical Garden Society pursuant to the Botanical Garden Society's operation of the Garden, 18. Remedies for Breach or Bankruptcy A. Termination of Agreement. The parties agree that if either party materially breaches or fails to perform its obligations under this agreement, the other party may give notice in writing of intent to terminate. If the breaching or non- performing party fails to commence and effect cure in good faith to the satisfaction of the other party within six months of such notice or such longer period, if agreed in writing by the parties, the agreement shall be deemed terminated at the expiration of the sixth month period or other agreed period. Any request of extension shall not be unreasonably withheld. B. Bankruptcy. In the event the Botanical Garden Society shall be adjudicated bankrupt or insolvent or take the benefit of any reorganization of composition proceedings or insolvency law, or make an assignment for the benefit of creditors, or if the Botanical Garden Society's interest under this agreement shall be levied upon or attempted to be attached or sold under any process of law, or if a receiver shall be appointed for the Botanical Garden Society, then and thereafter the City shall have the right and option to terminate this agreement irrespective of whether or not default exists hereunder, said determination to be effective immediately upon City's exercise of such option by giving written notice to the Botanical Garden Society. C. Acts of God. The parties agree that neither party shall be liable or responsible to the other for delays or impossibilities of performance caused by force majeure occurrences beyond the control of the parties including, but not limited to, civil disorder, fires, floods, or acts of God. 7 Page 465 of 560 BOTANICAL GARDEN SOCIETY CITY OF PAY6ITEVILLE OP 7M OZARKS, INC. By: Walt Eilers, President Date: 4"�9 ATTEST: By: Sondra E. Smith, City Clerk/Tr�a `��G��VAY P� aCIO Page 466 of 560 C\l O N z Q J IR N� m` 0 a Page 467 of 560 Botanical Garden of the Ozarks Boundary Line Adjustment and Operations Center Request: Adjust the Botanical Garden of the Ozarks Master Plan by adding 1.7f acres adjacent to our existing service area and approve the construction of a 2800 square foot Operations Center to facilitate maintenance of existing and future gardens. Situation: Since its incorporation in 1994, start of construction in 2003 and opening in 2007 the Botanical Garden of the Ozarks has undergone many changes. During that period many people have been involved in making the BGO the significant Northwest Arkansas attraction it is and one of Fayetteville's most visited sites. Not only has the garden grown and developed but the Lake Fayetteville Property has undergone significant change too. The addition of the Hard Surface Trail (2012), the completion of the 265 widening project (2014), redrawing of BGO boundaries to accommodate the Soft Trail (2015), the turnback of about 40 acres of BGO leased property on the south side of the lake (2015), and the completion of the Trail Parking lot (2016) all impacted the BGO in one way or another. The 6 acres of gardens now enjoyed by the public are supported out of our existing narrow service area (100 feet wide and 500 feet long) on the north side of the garden. We have made this long, skinny parcel work by using portable storage pods for some of our equipment while other items sit outside, and by placing our greenhouses in half - shaded locations. This narrow strip is simply not large enough to support the development of gardens on the south side of Hilton Creek where the main part of the garden is slated to be added in the coming years. Proposal: We are proposing an adjustment to our lease boundary by the addition of 1.7f acres to the north of our current service area, giving a total of 2.95± acres for our behind the scenes work area. This space will be large enough to accommodate future phases of garden development. The proposed 1.7± acre parcel is on the southeast lease boundary of the Fayetteville School District property which is part of the Outdoor Nature Center on the north shore of Lake Fayetteville. The proposed Operations Center will be the focus for the behind the scenes work needed for present garden maintenance and construction of future garden features. It will protect and store major pieces of garden equipment, supplies and serve as a work area for building new garden features. Additionally, garden staff and volunteers will use part of it for office space, meetings, garden record keeping activities and dry storage for greenhouse supplies. The Garden is financially secure and we have obtained 100% donor support for constructing the Operations Center. - The proposed service area expansion is large enough to accommodate the additional greenhouses needed to support the expanded gardens and proposed conservatory shown in the 2015 BGO Master Plan. The extra acreage would permit the reorientation of our existing greenhouse to a north -south (preferred) orientation, instead of east -west as we were forced to do because of the narrowness of the original tract. Changes to the Page 468 of 560 greenhouses orientation will not occur until the appropriate time to support garden growth and/or the next phase of garden expansion as shown in the 2015 Master Plan. Increasing the size of our service area will also provide more serviceable outdoor growing space for garden plants including perennials and woody nursery plants, for maintaining our composting operation and to accommodate piles of mulch, sand, gravel, soil and rocks that are used in our gardening operations. Benefits: The addition of the 1.7± acres will allow the maintenance operations of the BGO to be confined in one, mostly out -of -sight location. Without this addition, a second service area would need to be developed and it would be difficult to screen another area from trail users and garden visitors. The addition of the Operations Center will permit the removal of the storage containers we are now using for supplies, elimination of plastic covered hoop houses we park our equipment in, and a general reorganization of our service area. The maintenance of a 50 foot wide vegetation -filled setback from the hard trail will shield trail users from our service area. With all of our service area organized in one location it will be easier to provide security for equipment and personnel. Page 469 of 560 Page 470 of 560 Page 471 of 560 FAYETTEVILLE PUBLIC SCHOOLS LEARN. GROW. PERFORM. LEAD. January 10, 2017 Mrs. Connie Edmonston, Parks and Recreation Director City of Fayetteville 113 W. Mountain St. Fayetteville, AR 72701 Dear Mrs. Edmonston, The Fayetteville Public School District agrees to accept the proposal by the Botanical Gardens of the Ozarks to decrease our joint lease agreement acreage with the City of Fayetteville in the amount of 1.7 acres as designated on the attached map. This will allow the Botanical Gardens to build an operations center to facilitate maintenance of their existing and future gardens. - In addition, the Fayetteville Public School District agrees to make this change in the lease agreement land description utilizing GPS instead of a boundary survey. Sincerely, Ivlatth'e,", Wendt, Ed.11.. Superintendent i000 West Bulldog Boulevard o Fayetteville, Arkansas 72701 479-444.3000 e fayar.net 00 Page 473 of 560 SPRINGDALE SCHOOL DISTRICT Administration Office: 804 West Johnson P. O. Box 8 Springdale, Arkansas 72765-0008 District Accreditation by AdvamED Jim D. Rollins, Rd.D. Superintendent Phone: (479) 750-8800 Fax: (479)750-8812 February 22, 2017 Mrs. Connie Edmonston Parks and Recreation Director City of Fayetteville 113 West Mountain Street Fayetteville, Arkansas 72701 Dear Mrs. Edmonston: The Springdale School District agrees to accept the proposal by the Botanical Gardens of the Ozarks to decrease our joint lease agreement acreage with the City of Fayetteville in the amount of 1.7 acres as designated on the attached map. This will allow the Botanical Gardens to build an operations center to facilitate maintenance of their existing and future gardens. In addition, the Springdale School District agrees to make this change in the lease agreement land description utilizing GPS instead of a boundary survey. Sincerely, Jim D. Rollins, Ed.D. Superintendent JDR/cn Page 474 of 560 CITY OF Fay% e teville AANSAS Parks and Recreation Advisory Board Meeting March 6, 2017 at 5:30 p.m. City Administration Building Room 326 113 West Mountain Street Fayetteville, AR Members: Richie Lamb, Wade Colwell, JL Jennings, Chuck Maxwell, Kyle McHan, Phillip McKnight, David Profitt, Bill Putman, Dana Smith City Staff: Connie Edmonston, Director; Byron Humphry, Maintenance Superintendent; Alison Jumper, Park Planning Superintendent; John Crow, Recreation Superintendent; Chanel Pennington, Operations Assistant AGENDA for 5:30 pm.: 1. Call to Order Lamb called the meeting to order at 5:30 PM 2. Roll Call MINUTES Members Present: Lamb, Colwell, Maxwell, McKnight, Putman and Smith. Proffit arrived at 5:33 PM. Members Absent: Jennings and McHan. _ 9. Botanical Gardens of the Ozarks Boundary Line Adjustment for an Operations Center For an Operations Center — Connie Edmonston, Parks and Recreation Director Charlotte Taylor, Executive Director of the Botanical Garden of the Ozarks made a presentation to adjust the current boundary line with the Fayetteville and Springdale Public Schools by 1.7 ± acres in order to construct a 2,800 square foot Operations Center for maintenance of the gardens. Fayetteville and Springdale Public Schools have agreed to decrease their lease agreement by 1.7 acres. Taylor explained that the Operations Center would be important for the growth of the Botanical Garden of the Ozarks. She met with both Superintendents of Fayetteville and Springdale School and they were in support of the land acquisition. Edmonston noted that this agreement will result in an amendment to the current lease agreement with the BGO as well as the Fayetteville Public School lease. Maxwell asked if the BGO staff had talked to the teachers that utilize the Environmental Study Center. He was concerned over the activity at the new Operations Center and it affecting the waterfowl at the Lake. Specifically, near the new waterfowl observation blind Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 475 of 560 Taylor mentioned the center would be far off from the Lake and were concerned about that as well. Lamb asked if the trail would remain outside of the land lease. Staff and Taylor replied yes. Smith added that a portion of the area being proposed was already being used by the BGO. She did not foresee a large impact on the activities conducted by the Study Center, although additional land beyond what is being proposed may be of concern. Typically, staff will not take the student that far due to the distance from the Study Center. Edmonston noted that staff did confirm with BGO that this will the final amount of additional land they will request. _ Lamb asked if there already access from the BGO to the land. Taylor replied yes. Maxwell asked about their plans for fencing the acquired land. Taylor replied that as of now, anyone can access the land. They will have a plan for fencing when their Master Plan is complete and the funding is available. Maxwell added there should be a setback limitation with regard from the Operations Center to the paved and soft surface trail. Staff Recommendation: To approve BGSO's request to adjust the boundary line. PRAB Motion: Lamb motioned to accept staff's recommendation. Putman seconded the motion. Motion passed, 7-0-0. PRAB minutes provides the basic discussions and motions of the PRAB meeting. For more information, please refer to the PRAB meeting video provided on the city's website, www. fayelteville-ar.gov. Page 476 of 560 W Z7 ca LL a) ca J O Page 477 of 560 CITY OF FAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 13, 2024 CITY COUNCIL MEMO 2024-1692 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 SUBJECT: ADM-2024-0002: Administrative Item (Amend UDC Chapter 166 - Development): Submitted by CITY OF FAYETTEVILLE STAFF. The request is for an amendment to UDC Chapter 166.20 — Expiration of Approved Plans and Permits. The proposed code change would adjust extension requirements for approved plans. RECOMMENDATION: City staff and the Planning Commission recommend approval of an amendment to Unified Development Code Chapter 166.20 - Expiration of Approved Plans and Permits to allow all project extensions requested within 18 months of a project's original approval to be reviewed and granted administratively. BACKGROUND: In 2002, the City Council adopted Chapter 166.20 of the Unified Development Code (UDC) which required all previously approved plans and permits to comply with current ordinance. The amendment established a typical one-year time limit for future plan and permit approvals, which allowed applicants to submit a request for a one-year extension to the Planning Commission. In 2008, an amendment to that ordinance was passed which allowed staff to approve one-year extensions administratively, provided that the project complies with all applicable zoning and development requirements that were adopted after the project's original approval. It also allowed applicants who missed their deadline to request an administrative extension to request a one-year extension from the Planning Commission as long as it occurred within 18 months of the project's original approval. In addition, the amendment gave applicants the ability to request a second one-year extension from the Planning Commission to extend their project's approval for a second year, allowing an approval period of three total years. The purpose of this amendment is to allow extensions requested within 18 months of a project's original approval to be reviewed and granted administratively by the City's Zoning and Development Administrator. Currently, and as noted above, an applicant has the ability to request a one-year extension administratively so long as their request is submitted prior to the project's initial expiration. If an applicant misses their deadline to request an administrative extension, then they have the ability to request a one-year extension from the Planning Commission so long as their request is submitted within the next six months. The allowance for a one-year extension from the Planning Commission within 18 months of a project's original approval was established as a way to give applicants additional time to extend their project's approval without having to resubmit their project in its entirety. However, staff has received an increasing number of requests for one-year extensions from the Planning Commission in recent years as a result of applicants narrowly missing their window to request an administrative extension. Reasons for these requests range widely, from extend worksite Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 478 of 560 shut -downs due to COVID and supply chain issues, to volatile financing and extended periods of project reviews subsequent to Planning approval. City records indicate that staff processed six such requests in 2021, four in 2022, and 14 in 2023. All 14 requests that were processed in 2023 were approved by the Planning Commission with 10 of those items being placed on the consent agenda. All extension requests, whether reviewed by the Zoning and Development Administrator or the Planning Commission, are evaluated under the same general criteria. For an extension to be approved, an applicant must show good cause why all required tasks could not reasonably be completed within the typical one year time limit and demonstrate that their plans are substantially the same as those that were originally approved. Since all project extensions are reviewed similarly and requests that are submitted to the Planning Commission require additional time and resources, taking at least four weeks to process and requiring completion of public notification, staff recommends UDC Chapter 166.20 be amended to allow all one-year extensions requested within 18 months of a project's original approval to be reviewed and granted administratively. Allowing those extensions to be approved administratively would reduce the amount of time and resources needed to process those requests from applicants who are usually close to completing their required tasks, and subsequently reduce the amount of time needed to process any permits associated with their project. DISCUSSION: At the January 22, 2024 Planning Commission meeting, a vote of 9-0-0 forwarded the proposed amendment to City Council with a recommendation of approval. Commissioner Madden made the motion and Commissioner Payne seconded it. Commissioners unanimously supported the proposal and offered little comment on it. No public comment was offered at the meeting. BUDGET/STAFF IMPACT: N/A ATTACHMENTS: SRF (#3), Proposed Ordinance Amendment - Exhibit - A (#4), Proposed Ordinance Amendment in Strikeout (#5), Planning Commission Staff Report (#6) Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 479 of 560 City Of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Legislation Text File #: 2024-1692 ADM-2024-0002: Administrative Item (Amend UDC Chapter 166 - Development): Submitted by CITY OF FAYETTEVILLE STAFF. The request is for an amendment to UDC Chapter 166.20 — Expiration of Approved Plans and Permits. The proposed code change would adjust extension requirements for approved plans. AN ORDINANCE TO AMEND § 166.20 EXPIRATION OF APPROVED PLANS AND PERMITS OF THE UNIFIED DEVELOPMENT CODE TO EXTEND THE TIME FOR DEVELOPERS TO REQUEST ADMINISTRATIVE PROJECT EXTENSIONS FROM 12 MONTHS TO 18 MONTHS WHEREAS, § 166.20 Expiration of Approved Plans and Permits of the Unified Development Code currently authorizes staff to approve a one-year project extension administratively, provided that the project complies with all applicable zoning and development requirements adopted after the project's original approval and the request is submitted before the initial one year project expiration, and further authorizes the Planning Commission to grant extensions of up to three years from the project approval date; and WHEREAS, staff has received an increasing number of requests for one-year extensions from the Planning Commission in recent years as a result of applicants narrowly missing their one year window to request an administrative extension; and WHEREAS, the purpose of this amendment is to allow a one year project extension to be granted administratively by the Zoning and Development Administrator as long as the request is submitted within 18 months of the original approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby repeals subsection (B) Time Limit in § 166.20 Expiration of Approved Plans and Permits of the Unified Development Code and enacts a new subsection (B) as shown in Exhibit A attached hereto and made a part hereof. Page 1 Page 480 of 560 Jonathan Curth Submitted By City of Fayetteville Staff Review Form 2023-1692 Item ID 2/20/2024 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 2/2/2024 DEVELOPMENT REVIEW (630) Submitted Date Division / Department Action Recommendation: ADM-2024-0002: Administrative Item (Amend UDC Chapter 166 - Development): Submitted by CITY OF FAYETTEVILLE STAFF. The request is for an amendment to UDC Chapter 166.20 — Expiration of Approved Plans and Permits. The proposed code change would adjust extension requirements for approved plans. Account Number Project Number Budgeted Item? No Does item have a direct cost? No 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: Comments: Approval Date: Page 481 of 560 EXHIBIT W 166.20 Expiration Of Approved Plans And Permits (B) Time Limit. (1) Tasks to Be Completed. All of the above -enumerated plans and permits are conditioned upon the applicant accomplishing the following tasks within one (1) year from the date of approval: (a) For any renovation or new construction, receive all building permits for the project; and/or, (b) For a Planned Zoning District, comply with the approved phasing plan; and/or (c) For a lot split, record a deed or survey at the Washington County Circuit Clerk's Office, stamped for recordation by the City Planning Division; and/or, (d) Receive a business license; and/or, (e) Receive all permits and approvals required by city, county, state, and federal regulations to complete construction of the development or project. (2) Administrative Extension Within Eighteen (18) Months. Within eighteen (18) months of the date of approval, an applicant may request the Zoning and Development Administrator to extend the period to accomplish the tasks by up to one (1) additional year from the original date of approval. The applicant has the burden to show good cause why the tasks could not reasonably be completed within the normal one (1) year limit. Extensions that are not permitted administratively may be requested from the Planning Commission within ten (10) days of the final administrative decision. (3) Planning Commission Extension. Prior to the expiration of any allowed extension period (maximum of two (2) years from the date of original approval), an applicant may request the Planning Commission to extend the period to accomplish the tasks by up to one (1) additional year, if the plans and permits are substantially the same as those originally approved. The applicant has the burden to show good cause why the tasks could not reasonably be completed within the normal one (1) year limit and the permitted extension period. Extensions beyond three (3) years from the original date of approval shall not be permitted. (4) Ordinance Amendments. To receive approval of an extension, the applicant shall comply with all applicable zoning and development requirements that have been adopted subsequent to the original project approval. Projects that must be substantially modified to meet new code requirements are subject to Ch. 166.01(D) Modifications. (5) Variances. Variances from applicable zoning and development requirements that have been adopted subsequent to the original project approval shall be reviewed by the Planning Commission prior to approval of the extension. (6) Expiration. If the required task(s) are not completed within one (1) year from the date of approval or during an allowed extension period, all of the above -enumerated plans and permits shall be rendered null and void. Page 482 of 560 166.20 Expiration Of Approved Plans And Permits (A) Applicability. The provisions of this section apply to all of the following plans and permits: (1) Preliminary plats; (2) Planned zoning district developments; (3) Conditional uses; (4) Large-scale developments; (5) Lot splits; (6) Physical alteration of land (grading)/storm water, drainage, and erosion control (drainage) permit; (7) Tree preservation plans; and (8) Floodplain development permits. (B) Time Limit. (1) Tasks to Be Completed. All of the above -enumerated plans and permits are conditioned upon the applicant accomplishing the following tasks within one (1) year from the date of approval: (a) For any renovation or new construction, receive all building permits for the project; and/or, (b) For a Planned Zoning District, comply with the approved phasing plan; and/or (c) For a lot split, record a deed or survey at the Washington County Circuit Clerk's Office, stamped for recordation by the City Planning Division; and/or, (d) Receive a business license; and/or, (e) Receive all permits and approvals required by city, county, state, and federal regulations to complete construction of the development or project. (2) Administrative Extension Within One (1) Year. Prior to the expiration of the one (1) yeaF tirne IiFnit,-aR applicant rnay request the Zoning and Development AdministratoF to extend the period to accomplish the tasks by up te ene (1) additienal year. The applieant har- the hwurd_&n *9 show geed cause why the (32) Dlanning Corn n «k^^Administrative Extension Within Eighteen (18) Months. Should an applicant mass the deadline to request an -„d.,. iniStFative ,,.,tension wWithin eighteen (18) months of the date of approval4he_an applicant may request the Dlanning CornmissionZoning and Development Administrator to extend the period to accomplish the tasks by up to one (1) additional year from the original date of approval, subject t the h-Hird- In of She -wing geed eause s d serih.,.J ;n this reetien The applicant has the burden to show good cause why the tasks could not reasonably be completed within the normal one (1) year limit. Extensions that are not permitted administratively may be requested from the Planning Commission within ten (10) days of the final administrative decision. (" ) Planning Commission Extension. Prior to the expiration of any allowed extension period (maximum of two (2) years from the date of original approval), an applicant may request the Planning Commission to extend the period to accomplish the tasks by up to one (1) additional year, if the plans and permits are substantially the same as those originally approved. The applicant has the burden to show good cause why the tasks could not reasonably be completed within the normal one (1) year limit and the permitted extension period. Extensions beyond three (3) years from the original date of approval shall not be permitted. Page 483 of 560 ( ) Ordinance Amendments. To receive approval of an extension, the applicant shall comply with all applicable zoning and development requirements that have been adopted subsequent to the original project approval. Projects that must be substantially modified to meet new code requirements are subject to Ch. !6605(F)166.01([ Modifications. ( ) Variances. Variances from applicable zoning and development requirements that have been adopted subsequent to the original project approval shall be reviewed by the Planning Commission prior to approval of the extension. ( ) Expiration. If the required task(s) are not completed within one (1) year from the date of approval or during an allowed extension period, all of the above -enumerated plans and permits shall be rendered null and void. (C) Three (3) Year Time Limit. (1) Tasks to Be Complete. All of the above -enumerated plans and permits are also conditioned upon the applicant completing the project and receiving final inspection approval and/or a final Certificate of Occupancy permit within three (3) years from the date of issuance of a building permit or receipt of all permits and approval required to complete construction of the project. (2) Extensions. Prior to the expiration of the three (3) year time limit, an applicant may request the Planning Commission to extend the three (3) year period to complete the project by up to two (2) additional years. The applicant has the burden to show good cause why the project could not reasonably be completed within the three (3) year time limit. (3) Expiration. If the applicant fails to meet the requirements of subsection (C)(1) within three (3) years from the date of issuance of a building permit/receipt of all permits and approval required or during an allowed extension period, all of the above -enumerated plans and permits shall be rendered null and void. Page 484 of 560 CITY OF FAYETTEVILLE ARKAN SAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission THRU: Jessie Masters, Development Review Manager FROM: Gretchen Harrison, Senior Planner MEETING DATE: January 22, 2024 (updated with results) SUBJECT: ADM-2024-0002: Administrative Item (Amend UDC Chapter 166 - Development): Submitted by CITY OF FAYETTEVILLE STAFF. The request is for an amendment to UDC Chapter 166.20 — Expiration of Approved Plans and Permits. The proposed code change would adjust expiration requirements for approved plans. RECOMMENDATION: Staff recommends forwarding ADM-2024-0002 to the City Council with a recommendation of approval. RECOMMENDED MOTION: `7 move to forward ADM-2024-0002 to the City Council with a recommendation of approval." BACKGROUND: In 2002, the City Council adopted Chapter 166.20 of the Unified Development Code (UDC) which required all previously approved plans and permits to comply with current ordinances and established a typical one-year time limit for future plan and permit approvals. The ordinance also allowed applicants to submit a request for a one-year extension to the Planning Commission to extend their project's approval for up to one additional year. In 2008, an amendment to that ordinance was passed which allowed staff to approve one-year extensions administratively, provided that the project complies with all applicable zoning and development requirements that were adopted subsequent to the project's original approval. It also allowed applicants who missed their deadline to request an administrative extension, prior to the date of the project's expiration, to request a one-year extension from the Planning Commission within 18 months of the project's original approval. In addition, the amendment gave applicants the ability to request a second one- year extension from the Planning Commission to extend their project's approval for a second year, allowing an approval period of up to three years. DISCUSSION: The purpose of this amendment is to allow extensions requested within 18 months of a project's original approval to be reviewed and granted administratively by the City's Zoning and Development Administrator. Currently, an applicant has the ability to request a one-year extension administratively so long as their request is submitted prior to the project's initial expiration. If an applicant misses their deadline to request an administrative extension, then they have the ability to request a one-year extension from the Planning Commission so long as their request is submitted within the next six months. The allowance for a one-year extension from the Planning Commission within 18 months of a project's original approval was established as a way to give Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayettevi I le -a r.gov Page 485 of 560 applicants additional time to extend their project's approval without having to resubmit their project in its entirety. However, staff has received an increasing number of requests for one-year extensions from the Planning Commission in recent years as a result of applicants narrowly missing their window to request an administrative extension. City records indicate that staff processed six such requests in 2021, four in 2022, and 14 in 2023. All 14 requests that were processed in 2023 were approved by the Planning Commission with 10 of those items being placed on the consent agenda. All extension requests, whether reviewed by the Zoning and Development Administrator or the Planning Commission, are evaluated under the same general criteria. For an extension to be approved, an applicant must show good cause why all required tasks could not reasonably be completed within the typical one year time limit and demonstrate that their plans are substantially the same as those that were originally approved. Since all project extensions are reviewed in a similar manner and requests that are submitted to the Planning Commission require additional time and resources, taking at least four weeks to process and requiring completion of public notification, staff recommends UDC Chapter 166.20 be amended to allow all one-year extensions requested within 18 months of a project's original approval to be reviewed and granted administratively. Allowing those extensions to be approved administratively would reduce the amount of time and resources needed to process those requests from applicants who are usually close to completing their required tasks, and subsequently reduce the amount of time needed to process any permits associated with their project. Proposed Unified Development Code changes are attached as clean text and as strikethrough. RECOMMENDATION: Staff recommends forwarding ADM-2024-0002 to the City Council with a recommendation of approval. PLANNING COMMISSION ACTION: Required YES Date: January 22, 2024 O Tabled O Forwarded O Denied with a recommendation Motion: Madden of approval Second: Payne BUDGET/STAFF IMPACT: None ATTACHMENTS: • Proposed Ordinance, Clean o §166.20 — Expiration Of Approved Plans And Permits • Proposed Ordinance, Strike -through o §166.20 — Expiration Of Approved Plans And Permits Page 486 of 560 166.20 Expiration Of Approved Plans And Permits (A) Applicability. The provisions of this section apply to all of the following plans and permits: (1) Preliminary plats; (2) Planned zoning district developments; (3) Conditional uses; (4) Large-scale developments; (5) Lot splits; (6) Physical alteration of land (grading)/storm water, drainage, and erosion control (drainage) permit; (7) Tree preservation plans; and (8) Floodplain development permits. (B) Time Limit. (1) Tasks to Be Completed. All of the above -enumerated plans and permits are conditioned upon the applicant accomplishing the following tasks within one (1) year from the date of approval: (a) For any renovation or new construction, receive all building permits for the project; and/or, (b) For a Planned Zoning District, comply with the approved phasing plan; and/or (c) For a lot split, record a deed or survey at the Washington County Circuit Clerk's Office, stamped for recordation by the City Planning Division; and/or, (d) Receive a business license; and/or, (e) Receive all permits and approvals required by city, county, state, and federal regulations to complete construction of the development or project. (2) Administrative Extension Within One (1) Year. Prior to the expiration of the one (1) year time limit, an applicant may request the Zoning and Development Administrator to extend the period to accomplish the tasks by up to one (1) additional year. The applicant has the burden to show good cause why the tasks could not reasonably be completed within the normal one (1) year limit. Extensions that are not permitted administratively may be requested of the Planning Commission within ten (10) days of the final administrative decision. (3) Planning Commission Extension Within Eighteen (18) Months. Should an applicant miss the deadline to request an administrative extension, within eighteen (18) months of the date of approval the applicant may request the Planning Commission to extend the period up to one (1) additional year from the original date of approval, subject to the burden of showing good cause as described in this section. (4) Planning Commission Extension. Prior to the expiration of any allowed extension period (maximum of two (2) years from the date of original approval), an applicant may request the Planning Commission to extend the period to accomplish the tasks by up to one (1) additional year, if the plans and permits are substantially the same as those originally approved. The applicant has the burden to show good cause why the tasks could not reasonably be completed within the normal one (1) year limit and the permitted extension period. Extensions beyond three (3) years from the original date of approval shall not be permitted. (5) Ordinance Amendments. To receive approval of an extension, the applicant shall comply with all applicable zoning and development requirements that have been adopted subsequent to the original project approval. Projects that must be substantially modified to meet new code requirements are subject to Ch. 166.05(F) Modifications. Page 487 of 560 (6) Variances. Variances from applicable zoning and development requirements that have been adopted subsequent to the original project approval shall be reviewed by the Planning Commission prior to approval of the extension. (7) Expiration. If the required task(s) are not completed within one (1) year from the date of approval or during an allowed extension period, all of the above -enumerated plans and permits shall be rendered null and void. (C) Three (3) Year Time Limit. (1) Tasks to Be Complete. All of the above -enumerated plans and permits are also conditioned upon the applicant completing the project and receiving final inspection approval and/or a final Certificate of Occupancy permit within three (3) years from the date of issuance of a building permit or receipt of all permits and approval required to complete construction of the project. (2) Extensions. Prior to the expiration of the three (3) year time limit, an applicant may request the Planning Commission to extend the three (3) year period to complete the project by up to two (2) additional years. The applicant has the burden to show good cause why the project could not reasonably be completed within the three (3) year time limit. (3) Expiration. If the applicant fails to meet the requirements of subsection (C)(1) within three (3) years from the date of issuance of a building permit/receipt of all permits and approval required or during an allowed extension period, all of the above -enumerated plans and permits shall be rendered null and void. (Ord. No. 5155, 7-15-08); Ord. No. 5425, 8-2-11; Ord. No. 6446, §8(Exh. C), 6-15-21) Page 488 of 560 166.20 Expiration Of Approved Plans And Permits (A) Applicability. The provisions of this section apply to all of the following plans and permits: (1) Preliminary plats; (2) Planned zoning district developments; (3) Conditional uses; (4) Large-scale developments; (5) Lot splits; (6) Physical alteration of land (grading)/storm water, drainage, and erosion control (drainage) permit; (7) Tree preservation plans; and (8) Floodplain development permits. (B) Time Limit. (1) Tasks to Be Completed. All of the above -enumerated plans and permits are conditioned upon the applicant accomplishing the following tasks within one (1) year from the date of approval: (a) For any renovation or new construction, receive all building permits for the project; and/or, (b) For a Planned Zoning District, comply with the approved phasing plan; and/or (c) For a lot split, record a deed or survey at the Washington County Circuit Clerk's Office, stamped for recordation by the City Planning Division; and/or, (d) Receive a business license; and/or, (e) Receive all permits and approvals required by city, county, state, and federal regulations to complete construction of the development or project. (2) Administrative Extension Within One (1) Year. Prior to the expiration of the one (1) year tirne IiFnitT-cm applicant rnay request the Zoning and Development AdministratoF to extend the peried to accomplish the tasks by up te ene (1) additienal year. The applieant has the _hurden *9 show geed cause why the administratively may be Fequested efthe Planning Gemmissien within ten (10) days efthe (32) Dlanning Corn n ^sk^^Administrative Extension Within Eighteen (18) Months. Should an applicant miss the deadline to request an administrative extension wWithin eighteen (18) months of the date of approval4he_an applicant may request the Planning Cornm s^4& Zoning and Development Administrator to extend the period to accomplish the tasks by up to one (1) additional year from the original date of approval, subject t the Eh„rdeln of She -wing geed eause s dese ih.,.J in this ^t; n The applicant has the burden to show good cause why the tasks could not reasonably be completed within the normal one (1) year limit. Extensions that are not permitted administratively may be requested of the Planning Commission within ten (10) days of the final administrative decision. (43) Planning Commission Extension. Prior to the expiration of any allowed extension period (maximum of two (2) years from the date of original approval), an applicant may request the Planning Commission to extend the period to accomplish the tasks by up to one (1) additional year, if the plans and permits are substantially the same as those originally approved. The applicant has the burden to show good cause why the tasks could not reasonably be completed within the normal one (1) year limit and the permitted extension period. Extensions beyond three (3) years from the original date of approval shall not be permitted. Page 489 of 560 (54) Ordinance Amendments. To receive approval of an extension, the applicant shall comply with all applicable zoning and development requirements that have been adopted subsequent to the original project approval. Projects that must be substantially modified to meet new code requirements are subject to Ch. 166.0S(F)166.01(D) Modifications. (65) Variances. Variances from applicable zoning and development requirements that have been adopted subsequent to the original project approval shall be reviewed by the Planning Commission prior to approval of the extension. (76) Expiration. If the required task(s) are not completed within one (1) year from the date of approval or during an allowed extension period, all of the above -enumerated plans and permits shall be rendered null and void. (C) Three (3) Year Time Limit. (1) Tasks to Be Complete. All of the above -enumerated plans and permits are also conditioned upon the applicant completing the project and receiving final inspection approval and/or a final Certificate of Occupancy permit within three (3) years from the date of issuance of a building permit or receipt of all permits and approval required to complete construction of the project. (2) Extensions. Prior to the expiration of the three (3) year time limit, an applicant may request the Planning Commission to extend the three (3) year period to complete the project by up to two (2) additional years. The applicant has the burden to show good cause why the project could not reasonably be completed within the three (3) year time limit. (3) Expiration. If the applicant fails to meet the requirements of subsection (C)(1) within three (3) years from the date of issuance of a building permit/receipt of all permits and approval required or during an allowed extension period, all of the above -enumerated plans and permits shall be rendered null and void. (Ord. No. 5155, 7-15-08); Ord. No. 5425, 8-2-11; Ord. No. 6446, §8(Exh. C), 6-15-21) Page 490 of 560 CITY OF FAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 13, 2024 CITY COUNCIL MEMO 2024-1635 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director Jessica Masters, Development Review Manager FROM: Kylee Hevrdejs, Planner SUBJECT: RZN-2023-0035: Rezoning (NW OF N. SHILOH DR. AND W. CHICORY PL./SPRINGWOODS INVESTMENTS LLC, 248): Submitted by WATKINS, BOYER, GRAY & CURRY PLLC for property located NW OF N. SHILOH DR. AND W. CHICORY PL. in WARD 2. The property is zoned CPZD, COMMERCIAL PLANNED ZONING DISTRICT and contains approximately 2.44 acres. The request is to rezone the property to UT, URBAN THOROUGHFARE. 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 in north Fayetteville, just west of 1-49 and approximately 0.33 miles south of the intersection of N. Shiloh Dr. and N. Hwy 112. It is south of the Wilson Springs Preserve. The property received its current zoning in 2003, when it was rezoned to Springwoods CPZD (Ord. 4523, October 21, 2003) from 1-1 — Heavy Commercial/Light Industrial. Specifically, the subject property was platted as lot #10 of area #1 (Audubon Society) in the Springwoods CPZD, which is now outdated, having expired in 2006. The property is currently undeveloped. Request: The request is to rezone the subject property from CPZD, Commercial Planned Zoning District, to UT, Urban Thoroughfare. Public Comment: To date, staff have received no public comment on this item. Land Use Compatibility: On the balance of considerations, staff finds that the proposed zoning is compatible with existing land uses. The Springwoods CPZD set aside the subject property for the Audubon Society to develop an environmental education center and permits only Use Unit 4. The subject property borders the Wilson Springs Preserve but does not abut public access points or trails. A large optometrist's office is located southwest of the subject property along N. Shiloh Drive. Further south along N. Shiloh Drive, are several automotive sales and service businesses. North along N. Shiloh Drive, the Sam's Club property offers large retail, a gas station, and a liquor store. Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 491 of 560 Staff also finds the proposed zoning to be compatible overall with uses permitted in the larger CPZD area and in alignment with the spirit and intent of the CPZD. For example, rezoning to UT would permit by -right single and multi -family development. Although these uses weren't originally permitted on the subject property, single and multi -family dwellings were permitted in other areas of the Springwoods CPZD. Commercial uses are also permitted under both the existing and proposed zoning districts. Zoning regulations for each lot in the CPZD were to be determined during large-scale development review or subdivision approval. Requirements for the CPZD appear to have expired so rezoning is necessary. Land Use Plan Analysis: Staff finds that the proposal is largely in line with the goals in City Plan 2040 and adopted land use policies. The infill score for this site is moderate, which appears to somewhat align with the City's stated goal towards making infill development a priority. Several important infrastructure elements contribute to that score, including access to water, sewer, trails, and transit. In terms of Future Land Use Map designation for the property, it is classed as a City Neighborhood Area. This designation supports a wide spectrum of residential and nonresidential uses, which are permitted in the UT, Urban Thoroughfare district. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates an infill score of 6-7 for this site. The following elements of the matrix contribute to the score, at varying points: • Near Sewer Main (W. Chicory P1.) • Near Water Main (N. Shiloh Dr. and W. Chicory PI.) • Near Paved Trail (Shiloh Trail) • Near City Park (Underwood Park) • Near Grocery Store (Sam's Club) • Near Razorback Bud Stop (this stop is across 1-49, and is not reasonably accessible from the site) • Appropriate Future Land Use (City Neighborhood) DISCUSSION: At the January 8, 2024 Planning Commission meeting, a vote of 6-2-0 forwarded the request to City Council with a recommendation of approval. The commissioners cited the necessity of rezoning, future land use compatibility, and staff recommendations as noted in the report as reasons for approval. There was no public comment at the meeting. Commissioners Madden and Garlock were not favorable to the rezone, citing undesirable uses permitted by UT zoning in the "gateway" to the city. It was implied that the first thing visitors entering Fayetteville via 1-49 see could be unattractive developments like gas stations. Other commissioners disagreed, stating that the area is already heavily developed by car dealerships and the Sam's Club property which has a gas station. There was further disagreement about what constituted the "gateway" to the city. 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 492 of 560 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Legislation Text File #: 2024-1635 RZN-2023-0035: Rezoning (NW OF N. SHILOH DR. AND W. CHICORY PL./SPRINGWOODS INVESTMENTS LLC, 248): Submitted by WATKINS, BOYER, GRAY & CURRY PLLC for property located NW OF N. SHILOH DR. AND W. CHICORY PL. in WARD 2. The property is zoned CPZD, COMMERCIAL PLANNED ZONING DISTRICT and contains approximately 2.44 acres. The request is to rezone the property to UT, URBAN THOROUGHFARE. AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2023-0035 FOR APPROXIMATELY 2.44 ACRES LOCATED NORTHWEST OF NORTH SHILOH DRIVE AND WEST CHICORY PLACE IN WARD 2 FROM CPZD, COMMERCIAL PLANNED ZONING DISTRICT TO UT, URBAN THOROUGHFARE 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 CPZD, Commercial Planned Zoning District to UT, Urban Thoroughfare. 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 493 of 560 City of Fayetteville Staff Review Form 2024-1635 Item ID 2/6/2024 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 1/19/2024 DEVELOPMENT REVIEW (630) Submitted By Submitted Date Division / Department Action Recommendation: RZN-2023-0035: Rezoning (NW OF N. SHILOH DR. AND W. CHICORY PL./SPRINGWOODS INVESTMENTS LLC, 248): Submitted by WATKINS, BOYER, GRAY & CURRY PLLC for property located NW of N. SHILOH DR. AND W. CHICORY PL. in WARD 2. The property is zoned CPZD, COMMERCIAL PLANNED ZONING DISTRICT and contains approximately 2.44 acres. The request is to rezone the property to UT, URBAN THOROUGHFARE. 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: Fund Project Title Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Previous Ordinance or Resolution # Approval Date: V20221130 Page 494 of 560 RZN-2023-0035 Close Up View I I I I 1 1 1 I 1 1 i i i/ i i i i i FOXGLOVE D Neighborhood Link Freeway/Expressway Unclassified Residential Link _ Design Overlay District Planning Area — — Fayetteville City Limits W. CHICORY PL 1 1 1 1 1 1 1 L1 EX/T 67A' 1 1 IN 13 to 1� 1= 1 41P CPZD Subject Property i ^ �-�A% Proposed UT co I All `r"t _,y♦co�YA ♦ ♦ �� z� O r/ Feet 0 75 150 300 450 600 1:2,400 AL NORTH. Zone Current Proposed CPZD 2.4 0.0 UT 0.0 2.4 Total 2.4 ac Page 495 of 560 LEGAL DESCRIPTION COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF CHICORY PLACE, 50, PUBLIC RIGHT OF WAY, AND THE CENTERLINE OF NORTH SHILOH DRIVE, RIGHT OF WAY VARIES; THENCE NORTH 55 DEGREES 56 MINUTES 14 SECONDS WEST 43.00 FEET TO A POINT ON THE CENTERLINE OF CHICORY PLACE; THENCE NORTH 34 DEGREES 21 MINUTES 46 SECONDS EAST 29.82 FEET TO THE POINT OF BEGINNING, SAID POINT BEING A 5/8" REBAR WITH CAP; THENCE NORTH 56 DEGREES 26 MINUTES 26 SECONDS WEST 72.09 FEET TO A FOUND 5/8" REBAR; THENCE NORTH 60 DEGREES 17 MINUTES 09 SECONDS WEST 46.45 FEET TO A FOUND MAG-NAIL WITH WASHER; THENCE NORTH 55 DEGREES 43 MINUTES 36 SECONDS WEST 195.86 FEET TO A FOUND 5/8" REBAR; THENCE SOUTH 34 DEGREES 08 MINUTES 35 SECONDS WEST 25.00 FEET TO A FOUND 5/8" REBAR WITH CAP; THENCE NORTH 55 DEGREES 36 MINUTES 18 SECONDS WEST 217.31 FEET TO A FOUND 5/8" REBAR WITH CAP; THENCE NORTH 78 DEGREES 57 MINUTES 31 SECONDS WEST 120.21 FEET ALONG A CHORD OF A CURVE WITH A RADIUS OF 890.00 FEET AND A TOTAL LENGTH OF 120.30 FEET; THENCE NORTH 83 DEGREES 4 MINUTES 55 SECONDS EAST 462.98 FEET TO A SET 5/8" REBAR; THENCE SOUTH 7 DEGREES 17 MINUTES 26 SECONDS WEST 170.44 FEET TO A SET 5/8" REBAR WITH CAP; THENCE SOUTH 27 DEGREES 07 MINUTES 45 SECONDS WEST 171.29 FEET TO A SET 5/8" REBAR WITH CAP; THENCE SOUTH 34 DEGREES 21 MINUTES 46 SECONDS WEST 39.40 FEET TO THE POINT OF BEGINNING; ALSO KNOWN AS AUDUBON 22 OF THE FINAL PLAT OF MEADOW FIELD COMMERCIAL SUBDIVISION. CONTAINING IN ALL 106,205 SQ. FT. OR 2.438 ACRES, MORE OR LESS. Page 496 of 560 CITY OF FAYETTEVILLE P111-11W ARKANSAS PLANNING COMMISSION MEMO MITO: Fayetteville Planning Commission THRU: Jessie Masters, Development Review Manager FROM: Kylee Hevrdejs, Planner MEETING DATE: January 8, 2024 SUBJECT: RZN-2023-0035: Rezoning (NW OF N. SHILOH DR. AND W. CHICORY PL./SPRINGWOODS INVESTMENTS LLC, 248): Submitted by WATKINS, BOYER, GRAY & CURRY PLLC for property located on W. CHICORY PL. The property is zoned CPZD, COMMERCIAL PLANNED ZONING DISTRICT and contains approximately 2.44 acres. The request is to rezone the property to UT, URBAN THOROUGHFARE. RECOMMENDATION: Staff recommend forwarding RZN-2023-0035 to City Council with a recommendation of approval RECOMMENDED MOTION: `7 move to forward RZN-2023-0014 to City Council with a recommendation of approval." BACKGROUND: The subject property is in north Fayetteville, just west of 1-49 and approximately 0.33 miles south of the intersection of N. Shiloh Dr. and N. Hwy 112. It is south of the Wilson Springs Preserve. The property received its current zoning in 2003, when it was rezoned to Springwoods CPZD (Ord. 4523, October 21, 2003) from 1-1 — Heavy Commercial/Light Industrial. Specifically, the subject property was platted as lot #10 of area #1 (Audubon Society) in the Springwoods CPZD, which is now outdated, having expired in 2006. The property is currently undeveloped. The Shiloh Trail runs along the property's southeastern side. It is included in the Enduring Green Network and the 1-540 Overlay District. Surrounding land uses and zoning are listed in Table 1. Table 1: Surrounding Land Uses and Zoning Direction Land Use Zoning North Wilson Springs Preserve Springwoods CPZD South Commercial/Interstate Springwoods CPZD East Interstate Arkansas DOT West Commercial/Wilson Springs Preserve Springwoods CPZD Request: The request is to rezone the 2.44-acre property to UT, Urban Thoroughfare. This request is associated with a development proposal for a mixed -use mini -storage and office building. A conditional use permit for UU-38 Mini -storage units has been submitted simultaneously (CUP-2023-0175) with this application. Public Comment: To date, staff has received no public comment on this item. Planning Commission January 8, 2024 RZN-2023-0035 (SPRINGWOOD INVESTMENT_cRtg� 497 of 560 Paqe 1 of 37 INFRASTRUCTURE: Streets: The subject area has frontage along N. Shiloh Dr., which is a fully improved Neighborhood Link Street with asphalt paving, curb and gutter, and the Shiloh Trail along its eastern side. The subject area also has frontage along W. Chicory PI. which is a fully improved Residential Link Street with asphalt paving, curb and gutter, 6-foot greenspace, and 6-foot sidewalks. Any street improvements will be determined at the time of development proposal. Water: Public water is available to the subject area. An existing 12-inch water main is present on the west side of N. Shiloh Dr. An existing 8-inch water main is present on the south side of W. Chicory PI. Sewer: Sanitary sewer is available to the subject area. An existing 8-inch sewer main is present on the southwest corner of the subject property. Drainage: No portion of the property lies within the Hillside -Hilltop Overlay District, or within a FEMA floodplain. However, the property is largely encumbered by hydric soils. Hydric soils are known indicators of wetlands, though for an area to be classified as wetlands, it may also need other characteristics such as hydrophytes (plants that grow in water), and shallow water during parts of the year. Hydric soil can be found across many areas of Fayetteville, including valleys, floodplains, and open prairies. It's important to identify these natural resources during development, so when these soils are identified on a property, further environmental studies will be required at the time of development. Before permits are issued for the property a statement/report from an environmental professional must be provided summarizing the existence of wetlands on the property. If this statement/report indicates that wetlands may be present on site, a USACE Determination of Jurisdictional Wetlands will be required at the time of development submittal. Any additional improvements or requirements for drainage will be determined at the time of development. Fire: Fire apparatus access and fire protection water supplies will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of development. There is an existing fire hydrant at the northeast of the site. 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 3 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 1 minute for dispatch and 1.2 minutes for turn -out time. Within the City Limits, the Fayetteville Fire Department has a response time goal of 6 minutes for an engine and 8 minutes for a ladder truck. Police: The Police Department did not comment on this request. Tree Preservation: The current zoning district of CPZD, Commercial Planned Zoning District requires 25% minimum canopy preservation. The proposed zoning district of UT, Urban Thoroughfare requires 15% minimum canopy preservation. Planning Commission January 8, 2024 RZN-2023-0035 (SPRINGWOOD INVESTMENT_cRM 498 of 560 Paqe 2 of 37 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 provide a dense mix of non-residential and residential uses. This designation supports the widest spectrum of uses and encourages density in all housing types, from single-family to multi -family. Non-residential and commercial uses are primarily located at street intersections and along major corridors. Ideally, commercial uses would have a residential component and vary in size, variety, and intensity. The street network should have a high number of intersections creating a system of small blocks with a high level of connectivity between neighborhoods. Building setbacks and landscaping are urban in form with street trees typically being located within the sidewalk zone. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates an infill score of 6-7 for this site, with a weighted score of 8. The following elements of the matrix contribute to the score, at varying points: • Near Sewer Main (W. Chicory PI.) • Near Water Main (N. Shiloh Dr. and W. Chicory PI.) • Near Paved Trail (Shiloh Trail) • Near Grocery Store (Sam's Club) • Near Razorback Bud Stop (this stop is across 1-49, and is not reasonably accessible from the site) • 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: On the balance of considerations, staff finds that the proposed zoning is compatible with existing land uses. The Springwoods CPZD set aside the subject property for the Audubon Society to develop an environmental education center and permits only Use Unit 4. The subject property borders the Wilson Springs Preserve but does not abut public access points or trails. A large optometrist's office is located southwest of the subject property along N. Shiloh Drive. Further south along N. Shiloh Drive, are several automotive sales and service businesses. North along N. Shiloh Drive, the Sam's Club property offers large retail, a gas station, and a liquor store. Staff also finds the proposed zoning to be compatible overall with uses permitted in the larger CPZD area and in alignment with the spirit and intent of the CPZD. For example, rezoning to UT would permit by -right residential development ranging from single to multifamily dwellings. Although these uses weren't originally permitted on the subject property, single and multi- family dwellings were permitted in other areas of the Springwoods CPZD. Commercial uses are also permitted under both the existing and proposed zoning districts. Planning Commission January 8, 2024 RZN-2023-0035 (SPRINGWOOD INVESTMENT_cRtg� 499 of 560 Paqe 3 of 37 Zoning regulations for each lot in the CPZD were to be determined during large-scale development review or subdivision approval. Requirements for the CPZD appear to have expired so rezoning is necessary. Land Use Plan Analysis: Staff finds that the proposal is largely in line with the goals in City Plan 2040 and adopted land use policies. The infill score for this site is moderate, which appears to somewhat align with the City's stated goal towards making infill development a priority. The area is designated as a City Neighborhood Area. This designation supports a wide spectrum of uses, which are permitted in the UT, Urban Thoroughfare district. The applicant has also submitted a conditional use permit application (CUP- 2023-0175) for use unit 38: mini -storage units in the UT, Urban Thoroughfare zoning district. Support of this rezoning does not reflect approval or support of the applicant's proposed use. The conditional use permit will be evaluated separately, provided the City Council approves this rezoning. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Staff finds that the proposed rezoning to UT, Urban Thoroughfare is justified. A rezoning of this nature, scale, and intensity aligns with City Plan 2040's designation of the site's future land use as a high density, mixed -use City Neighborhood area. Further, the subject property's current zoning designation as part of the Springwoods CPZD is outdated, having been originally approved in 2003, but not following the projected phasing plan. As a condition of approval of the CPZD, it was outlined that zoning regulations such as setbacks, height, and building area would be determined at the time of large-scale development or subdivision of the property, but this tract has never been developed and restrictive covenants and zoning regulations were never created. The CPZD expired in 2006. Any future development on this site would require rezoning first to establish zoning regulations. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The proposed zoning may increase traffic, particularly along N. Shiloh Dr. With the addition of potential high -density residential use (although not currently proposed), traffic along N. Shiloh Dr. could increase significantly. However, there are alternative transportation options such as pedestrian and bike access via the Shiloh Trail. That said, with the addition of potential walkable services in the area through the UT zoning request, staff finds that this somewhat alleviates this concern. However, staff recognizes that the relatively small size of the property, at 2.44 acres, would provide some limits on residential density and potential traffic impacts. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Planning Commission January 8, 2024 RZN-2023-0035 (SPRINGWOOD INVESTMENT_cRtg� 500 of 560 Paqe 4 of 37 Finding: Rezoning the property from its current zoning designation may alter the potential population density in the area. Initial Engineering Division review indicates that utility extensions or upgrades are likely not required, but any modification to utility provision would be evaluated at the time of a development proposal. No comments were received from the Fayetteville Public School district. 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-2023-0035 to the City Council with a recommendation of approval. PLANNING COMMISSION ACTION: Required YES Date: January 8, 2024 O Tabled O Forwarded O Denied Notion: (Second: BUDGET/STAFF IMPACT: None ATTACHMENTS: • Unified Development Code: o §161.24 Urban Thoroughfare o §161.35 Planned Zoning District • Springwoods CPZD Ordinance • Springwoods CPZD Plans • Request Letter • Applicant Exhibit • Close Up Map • One Mile Map • Current Land Use Map • Future Land Use Map Planning Commission January 8, 2024 RZN-2023-0035 (SPRINGWOOD INVESTMENT_cRtg� 501 of 560 Paqe 5 of 37 161.24 Urban Thoroughfare (A) Purpose. The Urban Thoroughfare District is designed to provide goods and services for persons living in the surrounding communities. This district encourages a concentration of commercial and mixed use development that enhances function and appearance along major thoroughfares. Automobile -oriented development is prevalent within this district and a wide range of commercial uses is permitted. For the purposes of Chapter 96: Noise Control, the Urban Thoroughfare 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 2 family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 13 Eating places Unit 14 Hotel, motel and amusement services Unit 16 Shopping oods Unit 17 Transportation trades and services Unit 18 Gasoline service stations and drive-in/drive-through restaurants Unit 19 Commercial recreation, small sites Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 26 Multi -family dwellings Unit 34 Liquor store 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 20 Commercial recreation, large sites Unit 21 Warehousing and wholesale Unit 28 Center for collecting recyclable materials Unit 29 Dance halls Unit 33 Adult live entertainment club or bar Unit 35 Outdoor music establishments Unit 36 Wireless communication facilities Unit 38 Mini -storage units Unit 42 Clean technologies Unit 43 Animal boarding and training (C) Density. None (D) Bulk and Area Regulations. Planning Commission January 8, 2024 RZN-2023-0035 (SPRINGWOOD INVESTMENT_cRM 502 of 560 Paqe 6 of 37 (1) Lot Width Minimum. Single-family dwelling 18 feet All other dwellings None Non-residential None (2) Lot area minimum. None (E) Setback regulations. 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/7 stories* * A building or a portion of a building that is located between 10 and 15 feet from the front property line or any master street plan right-of-way line shall have a maximum height of five (5) stories. A building or portion of a building that is located greater than 15 feet from the master street plan right-of-way shall have a maximum height of seven (7) stories. If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from any boundary line of an adjacent single family district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories. (G) Minimum buildable street frontage. 50% of the lot width. (Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5353, 9-7-10; 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, 8, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6223, §1, 9-3-19; Ord. No. 6427 , §§l (Exh. C), 2, 4-20-21) Editor's note(s)—Ord. No. 6625 , §1 adopted December 6, 2022, "determines that Section 2 of Ordinance 6427 (Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code Sections ordained or enacted by Ordinance 6427 shall automatically sunset, be repealed and become void on December 31, 2023, unless prior to that date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination section." Planning Commission January 8, 2024 RZN-2023-0035 (SPRINGWOOD INVESTMENT_cRM 503 of 560 Paqe 7 of 37 161.35 Planned Zoning District (A) Applicability. To be considered for a Planned Zoning District, the applicant shall meet all of the following criteria: (1) Location. Any property located within the city limits is eligible for a Planned Zoning District. Upon City Council approval, an owner or developer of a specific piece of property located within the City's designated planning area may be authorized to submit a Planned Zoning District application in conjunction with an annexation request, but final approval of the PZD will not be effective until said property is annexed into the City of Fayetteville. (2) Size. There shall be no minimum or maximum tract size for a PZD application. (B) Purpose. The intent of the Planned Zoning District is to permit and encourage comprehensively planned zoning and development whose purpose is redevelopment, economic development, cultural enrichment or to provide a single -purpose or mixed -use planned development and to permit the concurrent processing of zoning and development. The City Council may consider any of the following factors in review of a Planned Zoning District application. (1) Flexibility. Providing for flexibility in the distribution of land uses, in the density of development and in other matters typically regulated in zoning districts. (2) Compatibility. Providing for compatibility with the surrounding land uses. (3) Harmony. Providing for an orderly and creative arrangement of land uses that are harmonious and beneficial to the community. (4) Variety. Providing for a variety of housing types, employment opportunities or commercial or industrial services, or any combination thereof, to achieve variety and integration of economic and redevelopment opportunities. (5) No Negative Impact. Does not have a negative effect upon the future development of the area; (6) Coordination. Permit coordination and planning of the land surrounding the PZD and cooperation between the city and private developers in the urbanization of new lands and in the renewal of existing deteriorating areas. (7) Open Space. Provision of more usable and suitably located open space, recreation areas and other common facilities that would not otherwise be required under conventional land development regulations. (8) Natural Features. Maximum enhancement and minimal disruption of existing natural features and amenities. (9) Future Land Use Plan. Comprehensive and innovative planning and design of mixed use yet harmonious developments consistent with the guiding policies of the Future Land Use Plan. (10) Special Features. Better utilization of sites characterized by special features of geographic location, topography, size or shape. (11) Recognized Zoning Consideration. Whether any other recognized zoning consideration would be violated in this PZD. (C) Rezoning. Property may be rezoned to the Planned Zoning District by the City Council in accordance with the requirements of this chapter and Chapter 154, Amendments. (1) Each rezoning parcel shall be described as a separate district, with distinct boundaries and specific design and zoning standards. Each district shall be assigned a project number or label, along with the designation "PZD". The rezoning shall include the adoption of zoning standards and a specific master plan. (2) All uses identified within §162 Use Units of the Unified Development Code may be allowed as permissible uses or conditional uses, unless otherwise specified, subject to City Council approval of the Planned Zoning District request. (3) Residential Density. Residential densities shall be determined on the basis of the following considerations: (a) The densities of surrounding development; (b) The densities allowed under the current zoning; (c) The urban development goals and other policies of the city's Future Land Use Plan; Planning Commission January 8, 2024 RZN-2023-0035 (SPRINGWOOD INVESTMENT_cRM 504 of 560 Paqe 8 of 37 (d) The topography and character of the natural environment; and (e) The impact of a given density on the specific site and adjacent properties. (4) Building Setback. There shall be no minimum building setback except as may be determined by the Planning Commission and City Council during review of the zoning plan based on the uses within the development and the proximity of the development to existing or prospective development on adjacent properties. Greater setbacks may be established by the Planning Commission or City Council when it is deemed necessary to provide adequate separation from adjacent properties. (5) Building Height. There shall be no maximum building height except as may be determined by the Planning Commission and City Council during the review of the zoning plan based on the uses within the development and the proximity of the development to existing or prospective development on adjacent properties. A lesser height may be established by the Planning Commission or City Council when it is deemed necessary to provide adequate light and air to adjacent property and to protect the visual quality of the community. (6) Building Area. The Planning Commission and City Council shall review specific proposed lot coverages which generally correspond to the guidelines for lot coverage in the respective residential, office, commercial or industrial district which most depicts said development scheme. (Ord. No. 4434, §1 (Ex. A), 11-19-02; Ord. No. 4717, 7-5-05; Ord. No. 4764, 09-20-05; Ord. No. 4783, 10-18-05; Ord. No. 5312, 4-20-10; Ord. No. 5675, 4-1-14; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5945, §§5, 7, 1-17-17) Planning Commission January 8, 2024 RZN-2023-0035 (SPRINGWOOD INVESTMENT_cRM 505 of 560 Paqe 9 of 37 ORDINANCE NO. 4523 AN ORDINANCE ESTABLISHING A COMMERCIAL PLANNED ZONING DISTRICT TITLED SPRINGWOODS (C-PZD 03-08.00) LOCATED SOUTH OF HWY. 112 AND WEST OF 1-540, CONTAINING 289.28 ACRES, MORE OR LESS; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF FAYETTEVILLE; AND ADOPTING THE ASSOCIATED COMMERCIAL DEVELOPMENT PROJECT AS APPROVED BY THE PLANNING COMMISSION BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSA;3: Section 1. That the zone classification of the following described property is hereby changed as follows: From I-1, Heavy Commercial/Light Industrial to C-PZD 03-08.00 as shown in Exhibit "A" attached hereto and made a part hereof. Section 2. That the change in zoning classification is based upon the approved master development plan and development standards as shown on the preliminary plat for springwoods and approved by the Planning Commission on October 13, 2003. Section 3. That this ordinance shall not take affect and be in full force until approval of the final plat for the subdivision. Section 4. That all conditions of approval of the subdivision as approved by the Planning Commission shall be satisfied prior to the issuance of a final plat. Section 5. That the official zoning map of the City- of Fayetteville, Arkansas, is hereby amended to reflect the zoning change provided in Section I above. PASSED and APPROVED this the 21" day of October, 2003. pYErtf APP 3 , 44 .tip •� � `:. Y -- SONDRA SMITH, City Clerk Planning Commission January 8, 2024 RZN-2023-0035 (SPRINGWOOD INVESTMENTR4W 506 of 560 Paoe 10 of 37 EXHIBIT "A" C-PZD 03-08.00 A PART OF SECTION 33, TOWNSHIP 17 NORTH, RANGE 30 WEST, BEING MORE PARTICULARLY DESCRIBED AS BEGINNING AT THE NW CORNER OF SAID SECTION 33, THENCE SOUTH: 87°19'24"EAST-2637.40 FEET TO THE NE CORNER OF THE NE '/4 OF THE NW '/4 OF SAID SECTION 33; THENCE SOUTH 87°14'56" EAST — 247.50 FEET; THENCE SOUTH 2°26' 17" WEST-1030.76 FEET; THENCE SOUTH 87017'25" EAST — 1100.15 FEET TO THE WEST RIGHT OF WAY LINE OF U.S. HIGHWAY 71 BYPASS; THENCE ALONG SAID WEST RIGHT OF WAY LINE THE FOLLOWING BEARINGS AND DISTANCES, SOUTH 26-01'09" WEST — 74.14 FEET; THENCE SOUTH 74°59' 16" WEST—100.11 FEET; THENCE SOUTH 75° 15'02" WEST — 117.54 FEET; THENCE SOUTH 66°53'26" WEST — 127.62 FEET; THENCE SOUTH 50013'36" WEST —191,34 FEET; THENCE SOUTH 31°34'48" WEST —190.36 FEET; THENCE SOUTH 16°24'53" WEST - 126.58 FEET; THENCE SOUTH 4°16'48" WEST - 188.26 FEET; THENCE SOUTH 16°36'56" EAST — 57.67 FEET; THENCE SOUTH 12048'23" EAST 100.1.1 FEET; THENCE SOUTH 599'10" EAST — 280.77 FEET; THENCE SOUTH 7015'05"WEST 170.41 FEET; THENCE SOUTH 27°10'09" WEST — 171.37 FEET; THENCE SOUTH 340 22'25" WEST 949.12 FEET; THENCE SOUTH 38027'59" WEST-150,76 FEET; THENCE SOUTH 34°22' 18" WEST— 922.60 FEET; THENCE LEAVING THE WEST RIGHT OF WAY OF HIGHWAY 71 BY PASS NORTH 87011'53" WEST — 631.86 FEET; THENCE SOUTH 2°25'44" WEST — 329.87 FEET; THENCE NORTH 8721 " 18" WEST — 660.00 FEET; THENCE NORTH 2°25'44" EAST 330.00 FEET; THENCE NORTH 87°21' 18" WEST — 660.23 FEET; THENCE NORTH 2028' 11" EAST — 2480.65 FEET; THENCE NORTH 87° 19'24" WEST — 330.00 FEET; THENCE NORTH 2°28' 11" EAST-1816.06 FEET TO THE POINT OF BEGINNING, CONTAINING 289.28 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. Planning Commission January 8, 2024 RZN-2023-0035 (SPRINGWOOD INVESTMENTR4W 507 of 560 Paoe 11 of 37 FANY-Eul I TTEVILLE THE CITY OF FAYETTEVILLE, ARKANSA.S C PZD 03-8.00 Page I PC Meeting of October4 2003 113 W. Mountain St. Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: 501-575-8264 TO: Fayetteville Planning; Commission FROM: Jeremy Pate, Associate Planner "via1w Fob. G,ty aun�a�. SP Matt Casey, Staff Engineer THRU: Dawn Warrick, A.I.C.P., Zoning & Development Administrator DATE: October 08, 2003 Project: C-PZD 03-08.00: Planned Zoning District (springwoods, pp 248) was submitted by Joe Tarvin, P.E. of EGIS Engineering, Inc. on behalf of Collins Haynes for property located on the southwest side of I-540 and Arkansas Highway 112. The property is zoned I-1, Heavy Commercial/Light Industrial, in the Design Overlay District and contains approximately 289.26 acres. The request is to rezone the property to a Planned Zoning District to allow for development of Residential and Commercial sites. Findings: The 289-acre subject property is being reviewed as a proposal for a Commercial Planned Zoning District. The applicant requests a rezoning and preliminary plat approval for a large lot.subdivision within the Design Overlay District. The rezoning request, in conjunction with a development proposal, requires Planning Commission consideration and City Council approval pursuant to the requirements for a PZD. The proposed nine (9) lots have been assigned Use Units and/or specific uses that are legally binding to each lot. Each of the larger lots will require,further review in the forth of'a preliminary and final plat and/or large scale development review. More:detailed comments regarding vehicular and pedestrian circulation, street improvements, buffers and screening, commercial design standards, and other typical review items will be provided with the future submittals for each of these lots. Numerous environmental concerns have been raised with the history of this particular site. The developer of the springwoods subdivision has indicated that the Audubon Society has particular interest in utilizing and preserving Lot #8, comprising approximately 124 acres, or 43% of the entire site. This particular lot is required to be preserved (or enhanced) in large part in its natural state, thereby retaining the wetlands, tree canopy, and grasslands currently existing. Any future development on this lot, as with the others, through Audubon or any other entity, is bound to these restrictions and must be reviewed for Code compliance through the City of Fayetteville. K-'Tepaivs42003WCREPORM10-134C-PZD Spring voodsIC-PZD 03-8.00 (springwoods) REYISED.doc Planning Commission January 8 2024 RZN-2023-0035 (SPRINGWOOD INVESTMENTR 508 of 560 Paae 12 of 37 C PZD 03-8.00 Page 2 Proposed Use Units: WC,'-YZD, Commercial Planned Zoning District Lot No. Land Use Use Units Density Acreage 1 Commercial 12,13,14,15,16,17,25 n/a 47.73 2 Multi -Family 26 18 DU/AC 26.36 3 4 Single Family Multi Family 8 26 2 DU/AC 4 DU/AC 25.53 10.70 5 6 Single Family Commercial 8 12,13,14,15,16,17,25 2 DU/AC n/a 32.28 18.04 7 8 Commercial Preservation Area 12,13,14,15,16,17,25 1* n/a n/a 5.17 123.45 9 Lift Station 3** n/a 0.02 *Lot 8 (Audubon) Uses shall be further restricted as described in proposed uses of the" Wilson Spring Site" as stated by Audubon. **Lot 9 to be retained by the City of Fayetteville for the existing lift station. Necessary utility and access easements shall be provided to this lot with the Final Plat. (A) Unit 1. City-wide uses by right. (1) Description. Unit I consists of public uses, essential services, agricultural uses, open land uses, and similar uses which are subject to other public controls or which do not have significantly adverse effects on other permitted uses and are, therefore, permitted as uses of right in all districts. (2) Included uses. Public facilities of the types embraced within the recommendations of the General Plan. Agricultural, forestry, and fishery: -Field crop farms -Fishery -Forest •Fruit, tree, and vegetable farm Essential services located in -Fire alarm box public right-of-way: -Fire hydrant -Passenger stop for bus -Police alarm box -Sidewalk -Street, highway, and other thoroughfare *Street signs, traffic signs, and signals -Utility mainline, local transformer and station, and similar facilities customarily located in public ri ht-of-wa Recreation and related use: -Arboretum K•lReports420031PC REPOR7S110-131C-PZD SpringwoodslC-PZD Q3-8.00 (springwo0ds) RDYISED.doc Planning Commission January 8, 2024 RZN-2023-0035 (SPRINGWOOD INVESTMENTR4W 509 of 560 Paoe 13 of 37 C-PZ'D 03-8.00 Page 3 -Historical marker -Park area -Parkway -Wildlife preserve Water facilities: -Reservoir, open -Watershed -Conservation or flood control ro'ect Surrounding Land Use / Zoning: Direction Land Use Zoning North Vacant pasture R-A, Residential Agricultural South Single family homes, horse farm, commercial lots R-A, Residential Agricultural C-2, Thoroughfare Commercial East I-540, Landers Auto ark C-2, Thoroughfare Commercial West Single family lots, agricultural land RSF-4, Res. Single Family, 4 DU/acre RMF-24, Res. Multifamily 24 DU/acre Planning Area Right-of-way being dedicated. • Deane Solomon, Collector: 70 feet total, 35 feet from centerline • Shiloh Drive, Collector: 35 feet from centerline • Moore Lane, Local: 25 feet from centerline • Truckers Dr/Gypsum Dr, Collector: To be considered for a Master Street Plan Amendment by City Council as indicated • Technology Blvd, Collector: To be considered for a Master Street Plan Amendment by City Council as indicated Requests for Master Street Plan amendments will be considered as individual items on the agenda for City Council Street .Improvements: No street improvements are proposed with the C-PZD and associated Preliminary Plat under review. Staff has made preliminary recommendations for street improvements to coincide with the development of each of the lots. Tree Preservation: It is the Landscape Administrator's understanding that most of the trees throughout the site will be preserved, and that as development occurs individual Tree Preservation Plans will be submitted for each large scale and residential subdivision. Background: The subject property was purchased by the City of Fayetteville in 1988. In the years following, water and sewer lines, a lift station and fiber optic cable were installed, in anticipation of a high- technology development site, which never occurred. The site contains a number of environmentally sensitive areas, including delineated wetlands, K.IReports 120031PC REPOR7Sl10-131GPZDSpringwoodsiC-PZD 03-8.00 (springwoods) REVISED.doc Planning Commission January 8, 2024 RZN-2023-0035 (SPRINGWOOD INVESTMENTR4W 510 of 560 _. Paoe-l4,.of 37-.--- .__ .- GPZD 03-8 00 Page 4 grasslands, stream corridors and associated floodplain, and habitat for the Arkansas Darter and numerous other wildlife species. These factors have presented both a challenge and an ecological asset to the development potential of the site. A total of 165 acres of the property is proposed to be developed in mixed -use residential and commercial uses, with the remaining 124 acres (43%) to be set aside permanently for greenspace. The Audubon Society :has expressed interest in the conservation of this property and its significant wildlife habitat for the past two years, as potential for an environmental education center for northwest Arkansas (see attached). Responses from adjoining property owners all reflect "no objection" to the project as described, with one exception, which states "not enough commercial development." The proposed C-PZD was heard at Technical Plat Review on August 27, 2003 and at Subdivision Committee on October 02, 2003. Discussion at the Subdivision Committee meeting included: traffic circulation and connectivity, proposed use and compatibility, buffering and screening, and wildlife interface with residential uses. Recommendation: Forward to the City Council with a recommendation for approval of the requested rezoning. Planning Commission approval of the proposed development subject to the following conditions: Conditions of Approval: Planning Commission recommendation to the City Council regarding the rezoning of the subject property to the unique district C-PZD 03-8.00 with all conditions of approval as determined by the Planning Commission. 2. An ordinance creating this C-PZD shall be approved by City Council. 3. A Final Plat is required to legalize the lot configuration and allow for the sale and/or development review of lots. 4. Requests for Master Street Plan amendments to Truckers Lane and Technology Blvd. require Planning Commission recommendation and City Council approval prior to final approval of the C-PZD. Stay f is in favor of these amendments. 5. On- and off -site street improvements shall be coordinated with lot development. Staff has provided preliminary recommendations with Technical Plat Review comments, which remain applicable. 6. Each respective lot designated in the C-PZD shall be reviewed by Preliminary Plat and/or Large Scale Development in accordance with City Code for future development, K: lReports12003kPCREPOR7S1, 10-131C-PZD SpringwoodslC-PZD 03-8.00 (spring woods) REVISED.doc Planning Commission January 8, 2024 RZN-2023-0035 (SPRINGWOOD INVESTMENTR4W 511 of 560 Paoe 15 of 37 C PZD 03-8.00 Page 5 requiring Planning Commission approval. 7. Covenants to be filed with the final plat creating the springwoods subdivision shall address the uses and restrictions associated with these lots. Draft covenants shall be further refined to include information required by § 166.06 and to address residential as well as commercial development standards at the time of final plat. Draft covenants for the springwoods C-PZD zoning district shall address the overall master plan and shall be filed with the final plat creating this 9 lot subdivision. 9. Setbacks, Height, and Building Area shall be determined and approved by the Fayetteville Planning Commission at the time of large scale development and/or subdivision approval. These standards shall apply to all lots and development within the individual tracts as shown on this plat. 10. All requirements as stated within Chapter 166 Development of the Unified Development Code shall apply to all future large scale developments and/or subdivisions within the springwoods C-PZD zoning; district. 11. Flexibility provided within the PZD guidelines shall be applied to each development tract (large scale development and/or subdivision) as determined appropriate by the Planning Commission to allow alternative methods of design where it is consistent with the objectives of the springwoods C-PZD zoning district. Standard Conditions of Approval: 12. All utilities shall be placed underground. Any existing overhead electric lines under 12 kv shall be relocated underground at the developer's expense. 13. Plat Review and Subdivision comments (to include written staff comments provided to the applicant or his representative, and all comments from utility representatives - AR Western Gas, SWBT, Ozarks, SWEPCO, Cox Communications) 14. Staff approval of final detailed plans, specifications and calculations (where applicable) for grading, drainage, water, sewer, fire protection, streets (public and private), sidewalks, parking lot(s) and tree preservation. The information submitted for the plat review process was reviewed for general concept only. All public improvements are subject to additional review and approval. All improvements shall comply with City's current requirements. 15. Tree Preservation Plans shall be required with the development of each individual lot. 16. Parks fees shall be assessed with the development of each individual residential lot. Coordination with Parks staff will be necessary to determine appropriate trail connections, corridors, and parkland dedication. 17. Sidewalk construction in accordance with current standards shall be required with the K• lReportst20034PC REPORTS110-131C-PZD Springwo.odslC-PZD 03-8.00 (springwoods) REV/SED.doe Planning Commission January 8, 2024 RZN-2023-0035 (SPRINGWOOD INVESTMENTR4W 512 of 560 -- - _ Paoe 16 of 37 _ C-PZD 03-8.00 Page 6 development of each individual lot. 18. No construction will be authorized without a floodplain development permit where required. PLANNING COMMISSION ACTION: yes Required Approved Denied Date: October 13, 2003 Comments: The "CONDITIONS OF APPROVAL", beginning on page one of this report, are accepted in total without exception by the entity requesting approval of this development item. By Title Date Findings associated with R-PZD 03-4.00 Sec. 166.06. Planned Zoning Districts (PZD). (B) Development standards, conditions and review guidelines (1) Generally. The Planning Commission shall consider a proposed PZD in light of the purpose and intent as set forth in Chapter 161 Zoning Regulations, and the development standards and review guidelines set forth herein. Primary emphasis shall be placed upon achieving compatibility between the proposed development and surrounding areas so as to preserve and enhance the neighborhood. Proper planning shall involve a consideration of tree preservation, water conservation, preservation of natural site amenities, and the protection of watercourses from erosion and siltation. The Planning Commission shall determine that specific development features, including project density, building locations, common usable open space, the vehicular circulation system, parking areas, screening and landscaping, and perimeter treatment shall be combined in such a way as to further the health, safety, amenity and welfare of the community. To these ends, all applications filed pursuant to this ordinance shall be reviewed in accordance with the same general review guideEnes as those utilized for zoning and subdivision applications. FINDING: The proposal includes residential development and commercial development K•lReportsU0034PCREPOR7S110-131C-PZD SpringwoodslC-PZD 03-8.00 (springwoods) REVISED.doc Planning Commission January 8, 2024 RZN-2023-0035 (SPRINGWOOD INVESTMENTR4W 513 of 560 Paoe 17 of 37 C-PZD 03-8.00 Page 7 that provide compatible uses with surrounding development. The General Plan 2020 designates the surrounding area as Multi -Use, Residential and Regional Commercial, which are compatible uses with those proposed. The Master Development Plan proposal sets aside 124 acres, 43% of the total 289 acres for permanent conservation to preserve the unique natural amenities of wetlands, wildlife habitat, grasslands and tree canopy. The proposed Audubon lot will provide a buffer along Clabber Creek and the tributary which run through the site from erosion and siltation. All lots are required to submit large scale development plans and/or preliminary plats for future development, providing a venue for more detailed review of pedestrian and vehicular circulation, screening, parking and landscaping requirements. All proposals will be required to comply with City ordinances, along with the covenants as proposed and filed of record for this PZD. (2) Screening and landscaping. In order to enhance the integrity and attractiveness of the development, and when deemed necessary to protect adjacent properties, the Planning Commission shall require landscaping and screening as part of a PZD. The screening and landscaping shall be provided as set forth in § 166.09 Buffer Strips and Screening. As part of the development plan, a detailed screening and landscaping plan shall be submitted to the Planning Commission. Landscape plans shall show the general location, type and quality (size and age) of plant material. Screening plans shall include typical details of fences, berms and plant material to be used. FINDING: A detailed landscaping and screening plan, where appropriate, will be required with each development plan submitted, in accordance with current City Ordinances. (3) Traffic circulation. The following traffic circulation guidelines shall apply: (a) The adequacy of both the internal and external street systems shall be reviewed in light of the projected future traffic volumes. (b) The traffic circulation system shall be comprised of a hierarchal scheme of local collector and arterial streets, each designed to accommodate its proper function and in appropriate relationship with one another. (c) Design of the internal street circulation system must be sensitive to such considerations as safety, convenience, separation of vehicular and pedestrian traffic, general attractiveness, access to dwelling units and the proper relationship of different land uses. (d) Internal collector streets shall be coordinated with the existing external street system, providing for the efficient flow of traffic into and out of the planned zoning development. (e) Internal local streets shall be designed to discourage through traffic within the planned zoning developmment and to adjacent areas. Planning Commission January 8, 2024 RZN-2023-0035 (SPRINGWOOD INVESTMENTR4W 514 of 560 Paoe 18 of 37 C-PZD 03-8.00 Page 8 (f) Design provisions for ingress and egress for any site along with service drives and interior circulation shall be that required by Chapter 166 Development of this code. FINDING: Internal street circulation systems are to be designed to safely and adequately carry traffic into and out of the proposed planned zoning district, as well as be sensitive to safety, convenience, separation of vehicular and pedestrian traffic and proper relationship of different land uses. Truckers Drive, a proposed Master Street Plan Collector, is proposed to be eliminated from crossing the wetland area, and instead stub out to the north property line, to connect to a future East-West Collector. Access from Truckers Drive to Lot 7 is also proposed. Technology Boulevard, an east -west future Collector is proposed to be removed from crossing the site to provide contiguous corridors of land for wildlife movement on Lot 8. Sidewalks and trails as designated on the Master Street Plan and Alternative Transportation and Trails Plan will be coordinated with the developer of each lot to carry out the goals and policies of connectivity as adopted by City Council. (4) Parking standards. The off-street parking and loading standards found in Chapter 172 Parking and Loading shall apply to the specific gross usable or leasable floor areas of the respective use areas. FINDING: All proposed development within the PZD shall comply with Chapter 172 Parking and Loading where applicable. (5) Perimeter treatment. Notwithstanding any other provisions of a planned zoning district, all uses of land or structures shall meet the open space, buffer or green strip provisions of this chapter of this code. FINDING: All proposed development within the PZD shall be reviewed and comply as necessary with the greenspace and buffer requirements as set forth by the Unified Development Code. Particular treatment of the interface between wildlife and human activity will be investigated. For those lots within the Design Overlay District boundary, all applicable ordinances within this boundary shall apply. (6) Sidewalks. As required by § 166.03. FINDING: Sidewalks are to be constructed in conformance with current standards. (7) Street Lights. As required by § 166.03. FINDING: Street lights are to be installed in conformance with current standards. (8) Water. As required by §166.03. FINDING: Water service is to be provided in conformance with current standards Planning Commission January 8, 2024 RZN-2023-0035 (SPRINGWOOD INVESTMENTR4W 515 of 560 Paoe 19 of 37 C-PZD 03-8.00 Page 9 (9) Sewer. As required by § 166.03. FINDING: Sewer service is to be provided in conformance with current standards (10) Streets and Drainage. Streets within a residential PZD may be either public or private (a) Public Streets. Public streets shall be constructed according to the adopted standards of the City. (b) Private Streets. Private streets within a residential PZD shall be permitted subject to the following conditions: (i) Private streets shall be permitted for only a loop street, or street ending with a cul- de-sac. Any street connecting one or more public streets shall be constructed to existing City standards and shall be dedicated as a public street. (ii) Private streets shall be designed and constructed to the same standards as public streets with the exceptions of width and cul-de-sacs as noted below. (iii) All grading and drainage within a Planned Zoning District including site drainage and drainage for private streets shall comply with the City's Grading (Physical Alteration of Land) and Drainage (Storm water management) Ordinances. Open drainage systems may be approved by the City Engineer. (iv) Maximum density served by a cul-de-sac shall be 40 units. Maximum density served by a loop street shall be 80 units. (v) The plat of the planned development shall designate each private street as a "private street." (vi) Maintenance of private streets shall be the responsibility of the developer or of a neighborhood property owners association (POA) and shall not be the responsibility of the City. The method for maintenance and a maintenance fiend shall be established by the PZD covenants. The covenants shall expressly provide that the City is a third party beneficiary to the covenants and shall have the right to enforce the street maintenance requirements of the covenants irrespective of the vote of the other parties to the covenants. (vii) The covenants shall provide that in the event the private streets are not maintained as required by the covenants, the City shall have the right (but shall not be required) to maintain said streets and to charge the cost thereof to the property owners within the PZD on a pro rata basis according to assessed valuation for ad valorem tax purposes and shall have a lien on the real property within the PZD for such cost. The protective covenants shall grant the City the right to use all private streets for purposes of providing fire and police protection, sanitation service and Planning Commission January 8, 2024 RZN-2023-0035 (SPRINGWOOD INVESTMENT_cfLM 516 of 560 _____Paee20of37 C-PZD 03-8.00 Page 10 any other of the municipal functions. The protective covenants shall provide that such covenants shall not be amended and shall not terminate without approval of the City Council. (viii) The width of private streets may vary according to the density served. The following standard shall be used: Paving Width (No On -Street Parkin) Dwelling Units One -Way Two -Way 1 - 20 14' 22' 21+ 14' 24' *Note: If on -street parking is desired, 6 feet must be added to each side where parking is intended. (ix) All of the traffic laws prescribed by Title VII shall apply to traffic on private streets within a PZD. (x) There shall be no minimum building setback requirement from a private street. (xi) The developer shall erect at the entrance of each private street a rectangular sign, not exceeding 24 finches by 12 inches, designating the street a "private street" which shall be clearly visible to motor vehicular traffic. FINDING: Public and private streets within this PZD shall be reviewed by staff and comply with all city ordinances at the time of development. Improvements to streets adjacent to the development has been recommended; specific recommendations by City staff will occur at the time of development review. (11) Construction of nonresidential facilities. Prior to issuance of more than eight building permits for any residential PZD, all approved nonresidential facilities shall be constructed. In the event the developer proposed to develop the PZD in phases, and the nonresidential facilities are not proposed in the initial phase, the developer shall enter into a contract with the City to guarantee completion of the nonresidential facilities. FINDING: N/A (12) Tree preservation. All PZD developments shall comply with the requirements for tree preservation as set forth in Chapter 167 Tree Preservation and Protection. The Planning Commission January 8, 2024 RZN-2023-0035 (SPRINGWOOD INVESTMENTR4W 517 of 560 Paoe 21 of 37 C-PZD 03-8.00 Page 11 location of trees shall be considered when planning the common open space, location of buildings, underground services, walks, paved areas, playgrounds, parking areas, and finished grade levels. FINDING: The applicant is to comply with the requirements of Chapter 167, as determined by the Landscape Administrator, for all development within the PZD. (13) Commercial design standards. All PZD developments that contain office or commercial structures shall comply with the commercial design standards as set forth in § 166.14 Site Development Standards and Construction and Appearance Design Standards for Commercial Structures. FINDING: For all proposed office and commercial structures within the C-PZD, the developer shall comply with appropriate ordinances with reference to Commercial Design Standards. Where applicable, commercial and office structures shall also comply with Design Overlay District requirements. The submitted draft of covenants addresses these structures to some degree, and a final draft shall be filed at the time of Final Plat. (14) View protection. The Planning Commission shall have the right to establish special height and/or positioning restrictions where scenic views are involved and shall have the right to insure the perpetuation of those views through protective covenant restrictions. FINDING: N/A (E) Revocation. (1) Causes for revocation as enforcement action. The Planning Commission may recommend to the City Council that any PZD approval be revoked and all building or occupancy permits be voided under the following circumstances: (a) Building permit. If no building permit has been issued within the time allowed. (b) Phased development schedule. If the applicant does not adhere to the phased development schedule as stated in the approved development plan. (c) Open space and recreational facilities. If the construction and provision of all common open spaces and public and recreational facilities which are shown on the final plan are proceeding at a substantially slower rate than other project components. Planning staff shall report the status of each ongoing PZD at the first regular meeting of each quarter, so that the Planning Commission is able to compare the actual development accomplished with the approved development schedule. If the Planning Commission finds that the rate of construction of dwelling units or other commercial or industrial structures is substantially greater than the rate at which common open Planning Commission January 8, 2024 RZN-2023-0035 (SPRINGWOOD INVESTMENTSM 518 of 560 __ _ Paoe 22 of 37 C-PZD 03-8.00 Page 12 spaces and public recreational facilities have been constructed and provided, then the Planning Commission may initiate revocation action or cease to approve any additional final plans if preceding phases have not been finalized. The city may also issue a stop work order, or discontinue issuance of building or occupancy permits, or revoke those previously issued. (2) Procedures. Prior to a recommendation of revocation, notice by certified mail shall be sent to the landowner or authorized agent giving notice of the alleged default, setting a time to appear before the Planning Commission to show cause why steps should not be made to totally or partially revoke the PZD. The Planning Commission recommendation shall be forwarded to the City Council for disposition as in original approvals. In the event a PZD is revoked, the City Council shall take the appropriate action in the city clerk's office and the public; zoning record duly noted. (3) Effect. In the event of revocation, any completed portions of the development or those portions for which building; permits have been issued ' shall be treated to be a whole and effective development. After causes for revocation or enforcement have been corrected, the City Council shall expunge such record as established above and shall authorize continued issuance of building permits. (F) Covenants, trusts and homeowner associations. (1) Legal entities. The developer shall create such legal entities as appropriate to undertake and be responsible for the ownership, operation, construction, and maintenance of private roads, parking areas, common usable open space, community facilities, recreation areas, building, lighting, security measure and similar common elements in a development. The city encourages the creation of homeowner associations, funded community trusts or other nonprofit organizations implemented by agreements, private improvement district, contracts and covenants. All legal instruments setting forth a plan or manner of permanent care and maintenance of such open space, recreation areas and communally - owned facilities shall be approved by the City Attorney as to legal form and effect, and by the Planning Commission as to the suitability for the proposed use of the open areas. The aforementioned legal instruments shall be provided to the Planning Commission together with the filing of the final plan, except that the Guarantee shall be filed with the preliminary plan or at least in a preliminary form. (2) Common areas. If the cornmon open space is deeded to a homeowner association, the developer shall file with the plat a declaration of covenants and restrictions in the Guarantee that will govern the association with the application for final plan approval. The provisions shall include, but not necessarily be limited to, the following: (a) The homeowner's association must be legally established before building permits are granted. (b) Membership and fees must be mandatory for each home buyer and successive buyer. Planning Commission January 8, 2024 RZN-2023-0035 (SPRINGWOOD INVESTMENTJR4W 519 of 560 Paoe 23 of 37 C--PZD 03-8.00 Page 13 (c) The open space restrictions must be permanent, rather than for a period of years. (d) The association must be responsible for the maintenance of recreational and other common facilities covered by the agreement and for all liability insurance, local taxes and other public assessments. (e) Homeowners must pay their pro rata share of the initial cost; the maintenance assessment levied by the association must be stipulated as a potential lien on the property. FINDING: The applicant has submitted a draft of covenants for the proposed PZD describing the responsibilities and maintenance of future open space and street systems. Sec. 161.25 Planned Zoning District (A) Purpose. The intent of the Planned Zoning District is to permit and encourage comprehensively planned developments whose purpose is redevelopment, economic development, cultural enrichment or to provide a single -purpose or mixed -use planned development and to permit the combination of development and zoning review into a simultaneous process. The rezoning of property to the PZD may be deemed appropriate if the development proposed for the district can accomplish one or more of the following goals. (1), Flexibility. Providing for flexibility in the distribution of land uses, in the density of development and in other matters typically regulated in zoning districts. (2) Compatibility. Providing for compatibility with the surrounding land uses. (3) Harmony. Providing for an orderly and creative arrangement of land uses that are harmonious and beneficial to the community. (4) Variety. Providing for a variety of housing types, employment opportunities or commercial or industrial services, or any combination thereof, to achieve variety and integration of economic and redevelopment opportunities. (5) No negative impact. Does not have a negative effect upon the future development of the area; (6) Coordination. Permit coordination and planning of the land surrounding the PZD and cooperation between the city and private developers in the urbanization of new lands and in the renewal of existing deteriorating areas. (7) Open space. Provision of more usable and suitably located open space, recreation areas and other common facilities that would not otherwise be required under conventional land development regulations. Planning Commission January 8, 2024 RZN-2023-0035 (SPRINGWOOD INVESTMENTR4W 525 of 560 Paoe 24 of 37 C-PZD 03-8.00 Page 14 (8) Natural features. Maximum enhancement and minimal disruption of existing natural features and amenities. (9) General Plan. Comprehensive and innovative planning and design of mixed use yet harmonious developments consistent with the guiding policies of the General Plan. (10) Special Features. Better utilization of sites characterized by special features of geographic location, topography, size or shape. FINDING: The proposal is for mixed -use planned development comprised of multifamily residential, single family residential, office and commercial uses with 43% of the site, at minimum, to be preserved as greenspace. The rezoning of the property to a planned zoning district may be deemed appropriate due to the provision of flexibility by providing a number of housing types and opportunities; compatibility with existing and planned surrounding land uses; harmony in creating a mixture of land uses that serve one another; variety in providing housing, employment and recreational/educational activities to achieve an integration of economic and development opportunities; no negative impact on future land development in the area; provision of contiguous open space potentially providing educational and recreational activities at the community and regional levels; a maximum enhancement of existing natural features with the preservation of 124 acres of ecologically sensitive habitat; and a planning approach that incorporates mixed, yet harmonious development in the same area, consistent with the guiding policies of the General Plan. (B) Rezoning. Property may be; rezoned to the Planned Zoning District by the City Council in accordance with the requirements of this chapter and Chapter 166, Development. Each rezoning parcel shall be described as a separate district, with distinct boundaries and specific design and development standards. Each district shall be assigned a project number or label, along with the designation "PZD". The rezoning shall include the adoption of a specific master development plan and development standards. FINDING: Staff has reviewed the proposed development with regard to findings necessary for rezoning requests. Those findings are attached to this report. An ordinance will be drafted in order to create this Planned Zoning District which will incorporate all conditions placed on the project by the Planning Commission. Covenants provided by the developer will be included in the PZD ordinance. This ordinance will be forwarded to the City Council for approval.* (D) C-PZD, Commercial Planned Zoning District (1) Purpose and intent. The C-PZD is intended to accommodate mixed -use developments containing any combination, including multiple combinations of commercial, office or residential uses in a carefully planned configuration in such a manner as to protect and enhance the availability of each independent use. The C-PZD is also intended to Planning Commission January 8, 2024 RZN-2023-0035 (SPRINGWOOD lNVESTlVlENT_cfLqW 521 of 560 Paoe 25 of 37 C-PZD 03-8.00 Page 15 accommodate single use commercial developments that are determined to be more appropriate for a PZD application than a general commercial rezone. The legislative purposes, intent and application of this district include, but are not limited to, the following: (a) To encourage the clustering of commercial and office activities within areas specifically designated to accommodate such uses and to discourage the proliferation of commercial uses along major thoroughfares and noncommercial areas. (b) To provide for orderly development in order to minimize adverse impact on surrounding areas and on, the general flow of traffic. (c) To encourage orderly and systematic commercial, office or mixed use development design or a combination thereof, providing for the rational placement of activities, vehicular and pedestrian circulation, access and egress, loading, landscaping and buffering strips. (d) To encourage commercial development which is consistent with the city's General Plan. (e) To accommodate larger scale suburban developments of mixed -uses in a harmonious relationship. FINDING: The proposal provides an effective relationship of different land uses within a single development, including single family residential, multifamily residential, open space, retail, commercial and office uses. The large lot subdivision identifies areas of potential land use in an orderly manner, encouraging commercial development which is consistent the with city's General Plan. As a PZD, the 289-acre development, currently zoned I-1, Heavy Commercial/Light Industrial, better facilitates more appropriate mixed land uses in a harmonious relationship. (2) Permitted uses. Unit 1 City-wide uses by right Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three-family dwellings Unit 12 Offices, studios and related services Unit 13 Eating places Unit 14 Hotel, motel and amusement facilities Unit 15 Neighborhood shopping Unit 16 Shopping Goods Planning Commission January 8, 2024 RZN-2023-0035 (SPRINGWOOD INVESTMENTR4W 522 of 560 Paoe 26 of 37 C-PZD 03-8.00 Page 16 Unit 17 Trades and services Unit 18 Gasoline service stations & drive-in restaurants Unit 19 Commercial recreation, small sites Unit 20 Commercial recreation, large sites Unit 21 Warehousing and wholesale Unit 24 Home occupations Unit 25 Professional offices Unit 26 Multi -family dwellings Unit 29 Dance Halls FINDING: The proposal utilizes Unit 1 City-wide uses by right, Unit 3 Public protection and utility facilities, Unit 8 Single-family dwellings, Unit 12 Offices, studios and related services, Unit 13 Eating places, Unit 14 Hotel, motel and amusement facilities, Unit 15 Neighborhood shopping goods, Unit 16 Shopping Goods, Unit 17 Trades and services, Unit 25 Professional Offices, and Use Unit 26 Multi -family dwellings, which are permitted uses in a C-PZD. (2) Conditions. (a) In no instance shall the commercial or office use area be less than fifty-one percent (51 %) of the gross leasable floor area within the development. (b) Residential uses must be appropriate to the design of the project. (c) Warehousing and light industrial uses shall have a gross area per use that does not exceed five thousand (5,000) square feet and at least twenty percent (20%) of the floor area used for retail sales. FINDING: The proposed PZD is required to meet the minimum 51 % commercial use within the development. *Required Findings for Rezoning; Request. RECOMMENDATION: Staff recommends approval of the requested rezoning based on the findings included as part of this report. LAND USE PLAN: General Plan 2020 designates this site Industrial. Rezoning this property to C-PZD 03-8.00 is not consistent with the land use plan but is compatible with surrounding land uses in the area. FINDINGS OF THE STAFF 1. A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Planning Commission January 8, 2024 RZN-2023-0035 (SPRINGWOOD INVESTMENTR4W 523 of 560 Paoe 27 of 37 C-PZD 03-8.00 Page 17 Finding: The proposed zoning is not consistent with the General Plan 2020 which designates the site Industrial, as it is currently zoned. However, immediate surrounding areas are designated Mixed Use, Community Commercial, Regional Commercial and Residential on the General Plan, thereby giving the C-PZD a high degree of consistency with current land use planning objectives, principles and policies and with land use and zoning plans. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The proposed zoning is justified in that the site is currently zoned for industrial purposes, which is generally incompatible within the context of the environmentally sensitive habitat. Surrounding uses are mixed in nature and are compatible with the proposed commercial planned zoning district. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The proposed zoning will not create or appreciably increase traffic danger and congestion, based on determinations made by the Fayetteville Police Department (see attached). The potential of employment and residential land uses in close proxinnity allows for increased multimodal transportation opportunities. 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: Based on Fayetteville Police Department findings, this increase in population will not alter the population density in a manner which undesirably increases the load on public services including schools, water, and sewer facilities (see attached). 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 permAted 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. Planning Commission January 8, 2024 RZN-2023-0035 (SPRINGWOOD INVESTMENTR4W 524 of 560 Paoe 28 of 37 Finding: NIA. C-PZD 03-8.00 Page18 Planning Commission January 8 2024 RZN-2023-0035 (SPRINGWOOD INVESTMENTBR . Paae 29. of 37 of 560 I I g Jill g � Ea7 a E88 j 1112�gE (� wy �y $ggg�@�s egg�ggErRgfill', �i taxA � ��'��' ONE P yEgg114E11Y AG s.A $�ag49g�E�9gB fill' ( -�+. /%✓;�•:,r� / I / __.-����r_-_" = �"- ,•/;%� ` yil ;">i-=-� \ Y I ?$�'� 9 rri I -�- VIA �•�`�` - ro� � R' '��° + �$-", !•'— �/ i � ?�� 1S�^', -F— -'�— ---- �' i .�/ - = - !'• �'9g8 �� i���.ja 'ik � ,'i/% i• . j', its x� � � o '.- 3 � � :'� � • _---- - --- �C -�-�, t,. � 3� � ��r - %%�,• / .�% �c" - ' � i FYI" s iR t;-;/�, e.,, f� �Ii �� xcg a p p33x � $ 3a 81a n vCv�N �czvr7 Wrn (Tl 56 p fi A x 41 1�5 R F o I all e a rt801 l ,qg s o© O© O O e pp E 3 � Rig ,� f .a r' �0�1PK+�11��1�f�1hp��18�i 00 l��4'l�11��tq7�. r anuary , 1UL4 RZN-2023-0035 (SPRINGWOOD ` Paqe 30 of_3 ,26 of 560 WILLIAM P. WATKINS, 111, P.A. RONALD L. BOYER (OF COUNSEL) JENNIFER E. GRAY, P.A.* ANDREW T. CURRY, P.A. WILLIAM A. KELLSTROM * ALSO LICENSED IN MISSOURI City of Fayetteville Planning Department 125 W. Mountain Street Fayetteville, AR 72701 WATKINS, BOYER, GRAY & CURRY, PLLC ATTORNEYS AT LAW WRITER'S DIRECT E-MAIL wkellstrom@watkinslawoffice.com November 27, 2023 DELYNN HALE, SECRETARY Amy BENSON, PARALEGAL WHITNEY DUCKER, OFFICE MANAGER RE: Rezoning Parcel No. 765-25766-000 from PZD—Planned Zoning District to UT, Urban Thoroughfare Dear Planning Staff: The Applicant, Focal Point Investments, LLC, is seeking approval to rezone approximately 2.44 acres located north of the intersection of W. Chicory Place and N. Shiloh Drive ("the Property"). The request is to rezone from PZD—Planned Zoning District to UT —Urban Thoroughfare. This applicant is being submitted simultaneously with a request for a conditional use permit for Use Unit 38—Mini-Storage Units, which is allowed conditionally under UT zoning. The Applicant wishes to develop a climate -controlled self -storage complex with a bottom -floor office component on the Property. The intent is that the office component would be leased by companies who could make use of conveniently -located storage within the same building, such as start-ups who require a small amount of storage space. The adjacent land uses are an optometrist's office, interstate highway, and nature preserve. The office and storage uses are compatible with the office use next door, and the development will be situated on the Southern end of the Property so as to remove as few trees as possible and create a buffer between the development and the nature preserve. Lastly, UT -zoning is appropriate for parcels which border major arterial roadways. Accordingly, the proposed use and zoning are compatible with the surroundings, and would not adversely impact neighboring properties. 1106 WEST POPLAR STREET ROGERS, AR 72756 PH: 479-636-2168 FX: 479-636-6098 W W W . WATKINSLAW OFFICE.COM REAL ESTATE, CONSTRUCTION & LIEN LAW, LAND USE & PLANNING CORPORATE & COMMERCIAL LAW, BANKING, BANKRUPTCY CRIMINAL LAW, FAMILY LAW, GUARDIANSHIPS, LANDLORD -TENANT ESTATE PLANNING, ELDER LAW, PROBATE, TRUST LITIGATION CIVIL LITIGATION, COMMERCIAL RaMbft1Q1C DIi.a$*OLLECTION January 8, 2024 RZN-2023-0035 (SPRINGWOOD INVESTMENT_cRqg� 527 of 560 Paqe 31 of 37 Needspace Faytteville Page 2 Thank you for considering this request for rezoning. If you need anything further on this application, all communication should be sent to both: Will A. Kellstrom Kyle Ham Watkins, Boyer, Gray & Curry PLLC Focal Point Investments, LLC 479-636-2168 901-326-3158 wkellstrom(a,watkinslawoffice.com kham(a,sstower.com Sincerely, WATKINS, BOYER, GRAY & CURRY, PLLC lsl Will A. Kellstrom Will A. Kellstrom Planning Commission January 8, 2024 RZN-2023-0035 (SPRINGWOOD INVESTMENTR@jW 528 of 560 Page 32 of 37 RZN-2023-0035 One Mile View W. CHICORY PL NORTH 0 0.13 0.25 0.5 Miles i/ LS Property i NI i i i I / I Regional Link Planned Residential Link 4 Neighborhood Link Shared -Use Paved Trail " Institutional Master Plan — — Trail (Proposed) Freeway/Expressway _ _ Design Overlay District — Unclassified 1 1 Fayetteville City Limits _ _ _ _ —Alley I Planning Area ----� Planning Area ---- - - Residential Link Fayetteville City Limits WA i DRAKE ST R-A Zoning = I-2 Intlusirisl — — RESIDENTIAL SINGLE-FAMILY EXTRACTION N" = E-1 RI-u COMMERCIAL RI-12 Re iitlentia1-01r. NSL C-1 �ResmanYal-Agricultural C-2 r_ RSIs C-s _ RSF-1 FORM BASED DISTRICTS — RSF-2 Downtown co. RSF< Urban Thoroughfare Re Mal. cheat Center RSFA Dmm— Genre, RSF-1a Community Servi.a RESIDENTIALMULTI-FAMILY Naighbon— sv—s p RMF. Neighborhaaa Conaerreaan RM112 PLANNED ZONING DISTRICTS RMF-1a Commercial. Ir lrial. Resid-W RMF-2a INSTITUTIONAL I— INDUSTRIAL — — I-1 Heavy Commercial and Light Intluslrial January 8, 2024 RZN-2023-0035 (SPRINGWOOD INVESTMENT_cRtg� 529 of 560 Paqe 34 of 37 RZN-2023-0035 Close Up View I I I I 1 1 1 I 1 1 i i i/ i i i i i FOXGLOVE D Neighborhood Link Freeway/Expressway Unclassified Residential Link _ Design Overlay District Planning Area — — Fayetteville City Limits W. CHICORY PL 1 1 1 1 1 1 1 L1 EX/T 67A' 1 1 IN 13 to 1� 1= 1 41P CPZD Subject Property i ^ �-�A% Proposed UT co I All `r"t _,y♦co�YA ♦ ♦ �� z� O r/ Feet 0 75 150 300 450 600 1:2,400 AL NORTH. Zone Current Proposed CPZD 2.4 0.0 UT 0.0 2.4 Total 2.4 ac January 8, 2024 RZN-2023-0035 (SPRINGWOOD INVESTMENT_cRM 530 of 560 Page 35 of 37 RZN-2023-0035 W. CHICORY PL Current Land Use R NORTH Wilson Springs Preserve r � Subject Property • 7 �1Af� r � O� A / r DRA"'E— S -r Undeveloped QlZ i. . F,�II[�Nfli - r11trNNt �It r ['�s�s i •�. Z 5 f Fnl�ll.11 r. f E@ r a,4tiw e, p %A/CC Commercial r sp110EV s- 11l CF: •� �- '* '� ` r IF F . `e Ille�fll ekP= rll FI eeeeeeer• Regional Link FEMA Flood Hazard Data eeeeeeer• Neighborhood Link eeeeeee� Freeway/Expressway Ik 100-Year Floodplain Unclassified Residential Link Feet Floodway — — - Trail (Proposed) 1' Planning Area 0 112.5 225 450 675 900 Fayetteville City Limits 1 : 3, 600 Design Overlay District annlnq Commission January 8, 2024 RZN-2023-0035 (SPRINGWOOD INVESTMENT_cRtg� 531 Of 560 Paqe 36 of 37 RZN-2023-0035 Future Land Use Regional Link Neighborhood Link Freeway/Expressway Unclassified Residential Link Planning Area Fayetteville City Limits — — Trail (Proposed) _ Design Overlay District Urban Center Natural i i i FOXGLOVE DR W. CHICORY PL Feet 0 145 290 580 1:4,800 �� OR 0110, -ON p 6l � �RAMi BUF 1,160 ORTH 4 � ,'—DRAKE-ST I I �- I �. I I % > I% JAI ood ;J WI I Z I Non -Municipal %'01 Government V I / 01 I I )AKADR plNWlpT� ST I I I City Neighborhood Civic Institutional Civic and Private Open Space Industrial Natural Non -Municipal Government Residential Neighborhood Rural Residential Urban Center January 8, 2024 RZN-2023-0035 (SPRINGWOOD INVESTMENT_cRM 532 Of 560 Pace 37 of 37 CITY OF FAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 13, 2024 CITY COUNCIL MEMO 2024-1691 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director Jessica Masters, Development Review Manager FROM: Donna Wonsower, Planner SUBJECT: RZN-2023-0036: Rezoning (NORTH OF W. TECHNOLOGY WAY/WATKINS, BOYER, GRAY & CURRY PLLC, 479): Submitted by WATKINS, BOYER, GRAY & CURRY PLLC for property located NORTH OF W. TECHNOLOGY WAY in WARD 4. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 15.66 acres. The request is to rezone the property to CS, COMMUNITY SERVICES and R-A, RESIDENTIAL AGRICULTURAL. RECOMMENDATION: City Planning staff and 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 in southwest Fayetteville on the southwest corner of N. Shiloh Dr. and W. Persimmon St. The property includes two parcels totaling 15.66 acres. The east parcel was developed as a detention pond in a previous commercial development that did not come to fruition. The west property is currently undeveloped and is partially covered by tree canopy. Request: The request is to rezone the subject property from C-2, Thoroughfare Commercial to approximately 13.12 acres of CS, Community Services and 2.54 acres of R-A, Residential Agricultural. Public Comment: Staff received one in -person verbal comment in favor of the proposed request, citing the potential for walkable mixed -use development near existing businesses and proposed tree preservation within the R-A district. Land Use Compatibility: Staff finds the proposed rezoning from C-2 to CS and R-A to be compatible with the surrounding area. The intent of the CS zoning district is to provide convenient goods and personal services to surrounding residential areas, to provide for adaptable mixed -use centers along commercial corridors that connect denser development nodes, and to provide standards enabling administrative approval of development. CS permits a mix of both residential and commercial uses that could serve as a transition area between the existing Mountain Ranch apartment complex to the west, a mixed -density residential area to the north, and a mix of commercial uses and Centennial Park to the south. The form -based standards required in CS are identical to the optional form -based requirements of the existing C-2 district. Neither C-2 nor CS have bulk and area regulations for nonresidential uses, though CS has a lot width minimum of 18 feet for residential dwellings. The only permitted residential use in C-2 is cluster housing. Neither C-2 nor CS have residential Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 533 of 560 density limits, though staff finds this is unlikely to contribute to a development that is out of scale given existing adjacent, existing land uses. Further, the maximum building height would be reduced from 6 to 5 stories if rezoned from C-2 to CS. The applicant also proposes to rezone a portion of the site with extensive existing tree canopy to R-A, Residential Agricultural, with the intent of designating this area for tree preservation. Staff finds R-A to be compatible with this stated intent. Land Use Plan Analysis: Staff finds the proposed rezoning to be consistent with the City's adopted land use plans, including its Future Land Use Map designation as City Neighborhood area. The property is located at the intersection of W. Persimmon St. and N. Shiloh Dr., which is designated as a Tier 3 Center per the City Plan 2040 Growth Concept Map. Tier 3 Centers are intended to serve the immediate surrounding residential areas and will cater to the specific needs of a small market with varying characteristics based on location and needs of the surrounding community. The property is also approximately half a mile from the Tier 2 Center located at the intersection of 1-49 and W. Wedington Dr. The property has a moderate infill score ranging between 7 and 8, which includes the elements listed below. Staff finds the requested rezoning to be appropriate since it would provide the opportunity to develop a mix of residential and commercial uses in a Tier 3 Center at a major intersection. The designation of a portion of canopy as R-A will further contribute to city goals to establish an enduring green network. This overlay district partially overlaps the proposed R-A zoning boundaries. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score range between 7=8 for this site. The following elements contribute to the score: • Adequate Fire Response (Station 7, 835 N. Rupple Rd.) • Near Sewer Main (W. Persimmon St and Shiloh Trail) • Near Water Main (W. Persimmon St., W. Technology Way, and Shiloh Trail) • Near Grocery Store (Walmart Neighborhood Market) • Near City Park (Centennial Park) • Near Paved Trail (Shiloh Trail) • Near Razorback Bus Stop (Persimmon & Betty Jo) • Appropriate Land Use (City Neighborhood Area) DISCUSSION: At the January 22, 2024, Planning Commission meeting, a vote of 9-0-0 forwarded the request to City Council with a recommendation of approval. Commissioner Payne made the motion with a second by Commissioner Brink. The applicant stated the portion designated as R-A is intended for tree preservation, and was designated as R-A to help ease concerns about development encroachment. Additionally, the applicant noted that several intensive uses such as fuel stations would be moved to a conditional use by the rezoning from C-2 to CS and that the proposal would place density near Centennial Park. Commissioner Sparkman stated that C- 2 is an antiquated district, and she is in favor of rezoning away from this district. Commissioner Payne agreed, also citing the acreage set aside for R-A. There was no additional public comment at the meeting. BUDGET/STAFF IMPACT: NA 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 534 of 560 City Of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Legislation Text File #: 2024-1691 RZN-2023-0036: Rezoning (NORTH OF W. TECHNOLOGY WAYIWATKINS, BOYER, GRAY & CURRY PLLC, 479): Submitted by WATKINS, BOYER, GRAY & CURRY PLLC for property located NORTH OF W. TECHNOLOGY WAY in WARD 4. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 15.66 acres. The request is to rezone the property to CS, COMMUNITY SERVICES and R-A, RESIDENTIAL AGRICULTURAL. AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2023-036 FOR APPROXIMATELY 15.66 ACRES LOCATED NORTH OF WEST TECHNOLOGY WAY IN WARD 4 FROM C-2, THOROUGHFARE COMMERCIAL TO CS, COMMUNITY SERVICES AND R-A, RESIDENTIAL AGRICULTURAL 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 C-2, Thoroughfare Commercial to CS, Community Services and R-A, Residential Agricultural. 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 535 of 560 Jonathan Curth Submitted By City of Fayetteville Staff Review Form 2024-1691 Item ID 2/20/2024 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 2/2/2024 DEVELOPMENT REVIEW (630) Submitted Date Division / Department Action Recommendation: RZN-2023-0036: Rezoning (NORTH OF W. TECHNOLOGY WAY/WATKINS, BOYER, GRAY & CURRY PLLC, 479): Submitted by WATKINS, BOYER, GRAY & CURRY PLLC for property located NORTH OF W. TECHNOLOGY WAY in WARD 4. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 15.66 acres. The request is to rezone the property to CS, COMMUNITY SERVICES and R-A, RESIDENTIAL AGRICULTURAL. Account Number Project Number Budgeted Item? No Does item have a direct cost? No 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: Comments: Approval Date: Page 536 of 560 RZN-2023-0036 NORTH OF W. TRCHNOLOGY EXHIBIT "A" Close Up View WAY ■ — — — — — — — — — — — — — — — — RSF-4 Neighborhood Link Freeway/Expressway Unclassified Residential Link ■ I Planned Neighborhood Link Hillside -Hilltop Overlay District — — Trail (Proposed) Design Overlay District Planning Area Fayetteville City Limits I i o i r0 r � w iIm I _ PERSIMMON ST I I I � Proposed CS / 1 I 1 1 C-2 I � �I Subject Property �� i Proposed R-A I P posed A TECHNOLOGY WAY 'o n — S Sr '\ 1 1 1 1 �\ 1 1 RW-12 \ 1 1 NORTH Zone Current Proposed C-2 15.1 0.0 CS 0.0 13.1 P-1 0.4 0.0 Feet R-A 0.0 2.5 0 75 150 300 450 600 1.2,400 Total 15.6 ac January 22, 2024 RZN-2023-0036 (T&J NWA,R49� 537 of 560 Paqe 19 of 21 RZN-2023-0036 EXHIBIT `B' Legal Description C-S ZONING SURVEY DESCRIPTION A PART OF THE NW1/4 OF THE NW1/4 & PART OF THE NE1/4 OF THE NW1/4 OF SECTION 18, TOWNSHIP 16 NORTH, RANGE 30 WEST IN WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SW CORNER OF LOT 34 IN MOUNTAIN RANCH SUBDIVISION; THENCE N 02°26'00" E A DISTANCE OF 825.25' TO A POINT; THENCE S 87°34'00" E A DISTANCE OF 101.06' TO A POINT; THENCE S 87°36'24" E A DISTANCE OF 944.10' TO A POINT; THENCE S 03°24'38" E A DISTANCE OF 239.28' TO A POINT; THENCE S 10°32'43" E A DISTANCE OF 370.24' TO A POINT; THENCE WITH A CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 54.44', WITH A RADIUS OF 200.00', WITH A CHORD BEARING OF S 85°22'25" W, WITH A CHORD LENGTH OF 54.27', TO A POINT; THENCE N 86°55'01" W A DISTANCE OF 652.46' TO A POINT; THENCE WITH A CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF 524.95', WITH A RADIUS OF 500.00', WITH A CHORD BEARING OF S 65°23'45" W, WITH A CHORD LENGTH OF 501.17', TO THE POINT OF BEGINNING, CONTAINING 682,065 SQ. FEET, 15.66 ACRES, MORE OR LESS. SUBJECT TO ANY EASEMENTS AND/OR RIGHT-OF-WAYS OF RECORD. LESS & EXCEPT COMMENCING FROM THE SW CORNER OF LOT 34 IN MOUNTAIN RANCH SUBDIVISION; THENCE N 02°26'00" E A DISTANCE OF 43.68' TO THE POINT OF BEGINNING; THENCE N 02°26'00" E A DISTANCE OF 333.35' TO A POINT; THENCE S 87°22'34" E A DISTANCE OF 500.47' TO A POINT; THENCE WITH A CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF 58.04', WITH A RADIUS OF 75.04', WITH A CHORD BEARING OF N 77°11'48" E, WITH A CHORD LENGTH OF 56.60', TO A POINT; THENCE N 61 °33'58" E A DISTANCE OF 22.87' TO A POINT; THENCE S 43°40'17" E A DISTANCE OF 59.13' TO A POINT; THENCE WITH A CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 57.42', WITH A RADIUS OF 87.20', WITH A CHORD BEARING OF S 21°30'05" E, WITH A CHORD LENGTH OF 56.38', TO A POINT; THENCE S 03°04'59" W A DISTANCE OF 58.82' TO A POINT; THENCE N 86°55'01" W A DISTANCE OF 192.82, TO A POINT; THENCE WITH A CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF 513.44', WITH A RADIUS OF 524.91', WITH A CHORD BEARING OF S 67°20'39" W, WITH A CHORD LENGTH OF 493.211, TO THE POINT OF BEGINNING, CONTAINING 105,413 SQ. FEET, 2.42 ACRES, MORE OR LESS. ALSO, LESS & EXCEPT: COMMENCING FROM THE SW CORNER OF LOT 34 IN MOUNTAIN RANCH SUBDIVISION; THENCE N 02°26'00" E A DISTANCE OF 43.68' TO A POINT; THENCE WITH A CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 514.48', WITH A RADIUS OF 525.00', WITH A CHORD BEARING OF N 67°23'56" E, WITH A CHORD LENGTH OF 494.14', TO A POINT; THENCE S 86°55'14" E A DISTANCE OF 336.23' TO THE POINT OF BEGINNING; THENCE N 45°42'23" E A DISTANCE OF 104.65' TO A POINT; THENCE S 42°13'31" E A DISTANCE OF 70.98' TO A POINT; THENCE S 03oO4'59" W A DISTANCE OF 27.08' TO A POINT; THENCE N 86°55'14" W A DISTANCE OF 121.32' TO THE POINT OF BEGINNING, CONTAINING 5,354 SQ. FEET, 0.12 ACRES, MORE OR LESS. Page 538 of 560 R-A ZONING "2" SURVEY DESCRIPTION A PART OF THE NE1/4 OF THE NW1/4 OF SECTION 18, TOWNSHIP 16 NORTH, RANGE 30 WEST IN WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING FROM THE SW CORNER OF LOT 34 IN MOUNTAIN RANCH SUBDIVISION; THENCE N 02°26'00" E A DISTANCE OF 43.68' TO A POINT; THENCE WITH A CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 514.48', WITH A RADIUS OF 525.00', WITH A CHORD BEARING OF N 67°23'56" E, WITH A CHORD LENGTH OF 494.14', TO A POINT; THENCE S 86°55'14" E A DISTANCE OF 336.23' TO THE POINT OF BEGINNING; THENCE N 45°42'23" E A DISTANCE OF 104.65' TO A POINT; THENCE S 42°13'31" E A DISTANCE OF 70.98' TO A POINT; THENCE S 03°04'59" W A DISTANCE OF 27.08' TO A POINT; THENCE N 86°55'14" W A DISTANCE OF 121.32' TO THE POINT OF BEGINNING, CONTAINING 5,354 SQ. FEET, 0.12 ACRES, MORE OR LESS. SUBJECT TO ANY EASEMENTS AND/OR RIGHT-OF-WAYS OF RECORD. R-A ZONING "1" SURVEY DESCRIPTION A PART OF THE NW1/4 OF THE NW1/4 & PART OF THE NE1/4 OF THE NW1/4 OF SECTION 18, TOWNSHIP 16 NORTH, RANGE 30 WEST IN WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING FROM THE SW CORNER OF LOT 34 IN MOUNTAIN RANCH SUBDIVISION; THENCE N 02°26'00" E A DISTANCE OF 43.68' TO THE POINT OF BEGINNING; THENCE N 02°26'00" E A DISTANCE OF 333.35' TO A POINT; THENCE S 87°22'34" E A DISTANCE OF 500.47' TO A POINT; THENCE WITH A CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF 58.04', WITH A RADIUS OF 75.04', WITH A CHORD BEARING OF N 77°11'48" E, WITH A CHORD LENGTH OF 56.60', TO A POINT; THENCE N 61 °33'58" E A DISTANCE OF 22.87' TO A POINT; THENCE S 43*40'17" E A DISTANCE OF 59.13' TO A POINT; THENCE WITH A CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 57.42', WITH A RADIUS OF 87.20', WITH A CHORD BEARING OF S 21 °30'05" E, WITH A CHORD LENGTH OF 56.38', TO A POINT; THENCE S 03°04'59" W A DISTANCE OF 58.82' TO A POINT; THENCE N 86°55'01" W A DISTANCE OF 192.82' TO A POINT; THENCE WITH A CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF 513.44', WITH A RADIUS OF 524.91', WITH A CHORD BEARING OF S 67°20'39" W, WITH A CHORD LENGTH OF 493.211, TO THE POINT OF BEGINNING, CONTAINING 105,413 SQ. FEET, 2.42 ACRES, MORE OR LESS. SUBJECT TO ANY EASEMENTS AND/OR RIGHT-OF-WAYS OF RECORD. Page 539 of 560 CITY OF WNWFAYETTEVILLE ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission THRU: Jessie Masters, Development Review Manager FROM: Donna Wonsower, Planner MEETING DATE: January 22, 2024 (UPDATED WITH MEETING RESULTS) SUBJECT: RZN-2023-0036: Rezoning (NORTH OF W. TECHNOLOGY WAY/WATKINS, BOYER, GRAY & CURRY PLLC, 479): Submitted by WATKINS, BOYER, GRAY & CURRY PLLC for property located NORTH OF W. TECHNOILOGY WAY. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 15.66 acres. The request is to rezone the property to CS, COMMUNITY SERVICES and R-A, RESIDENTIAL AGRICULTURAL. RECOMMENDATION: Staff recommends forwarding RZN-2023-0036 to City Council with a recommendation of approval. RECOMMENDED MOTION: `7 move to forward RZN-2023-0036 to City Council with a recommendation of approval." BACKGROUND: The subject property is located in west Fayetteville on the southwest corner of the N. Shiloh Dr. and W. Persimmon St. The property includes two parcels totaling 15.32 acres. The east parcel was developed as a detention pond as part of a previous commercial development. The west property is currently undeveloped and includes a large stand of trees in the southern portion of the parcel. Surrounding land uses and zoning are listed in Table 1. Table 1: Surrounding Land Uses and Zoning Direction Land Use Zoning North Multi -Family Residential RMF-24, Residential Multi -Family, 24 Unit per Acre South Technology Manufacturing C-2, Thoroughfare Commercial East 1-49 Interstate NA West Multi -Family Residential RMF-24, Residential Multi -Family, 24 Unit per Acre Request: The request is to rezone the subject property from C-2, Thoroughfare Commercial to approximately 13.12 acres of CS, Community Services and 2.54 acres of R-A, Residential Agricultural. Public Comment: Staff has not received any public comment regarding this request. Planning Commission January 22, 2024 RZN-2023-0036 (T&J NWA,R49� 540 of 560 Paqe 1 of 21 INFRASTRUCTURE: Streets: The subject area has frontage along three streets. W. Persimmon St. is a partially improved Neighborhood Link with asphalt paving with curb & gutter, open ditches and some sidewalk. N. Shiloh Dr. is a partially improved Neighborhood Link with asphalt paving with curb & gutter and open ditches. W. Technology Way is a partially improved Residential Link with asphalt paving, curb & gutter and open ditches. Any street improvements required in these areas would be determined at the time of the development proposal. Any additional improvements or requirements for drainage will be determined at time of development. Water: Public water is available to the subject area. Existing 12-inch water main is present on the south side of W. Persimmon St. Existing 8-inch water main is present on the south side of W. Technology Way and the west side of Shiloh Trail. Sewer: Sanitary Sewer is available to the subject area. Existing 8-inch sewer main is present in W. Persimmon St and along the west side of Shiloh Trail. Drainage: No portion of the subject property lies within the Hillside/Hilltop Overlay District or contain hydric soils. Portions of the property lie within a FEMA floodplain. A floodplain development review will be required at the time of permit or plan submittal. This will restrict the type of development and impact in flood zones; and may require additional documentation such as flood studies or elevation certificates depending on the type of development. If a development impacts a floodplain, those impacts may require review and approval from FEMA. Portions of the property also lie within streamside protection zones. Streamside Protection Zones generally consists of a protected area on each side of a stream or creek. This "protected area" is meant to preserve woody vegetation and natural areas along stream corridors to improve/protect stream health. At a minimum, it will be 50ft wide as measured from the top of bank but depending on the shape and extents of the floodway, it could be substantially more. Certain construction activities such as trails and some utilities are allowed in these zones, but in general, improvements such as parking lots or buildings are prohibited. Fire: Station 7, located at 835 N. Rupple Rd., protects this site. The property is located approximately 1 mile from the fire station with an anticipated drive time of approximately 2 minutes using existing streets. The anticipated response time would be approximately 4.2 minutes. Fire Department response time is calculated based on the drive time plus 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 6 minutes for an engine and 8 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. Planning Commission January 22, 2024 RZN-2023-0036 (T&J NWAFLW 541 of 560 Paqe 2 of 21 Tree Preservation: The current zoning district of C2, Thoroughfare Commercial requires 15% minimum canopy preservation. The proposed zoning district of CS, Community Services requires 20% minimum canopy preservation. The proposed 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 mix of non-residential and residential uses. This designation supports the widest spectrum of uses and encourages density in all housing types, from single-family to multi -family. Non-residential and commercial uses are primarily located at street intersections and along major corridors. Ideally, commercial uses would have a residential component and vary in size, variety and intensity. The street network should have a high number of intersections creating a system of small blocks with a high level of connectivity between neighborhoods. Building setbacks and landscaping are urban in form with street trees typically being located within the sidewalk zone. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score range between 7-8 for this site with a weighted score of 9.5 at the highest level. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station 7) • New Sewer Main (W. Persimmon St and Shiloh Trail) • Newar Water Main (W. Persimmon St., W. Technology Way, and Shiloh Trail) • Near Grocery Store (Walmart Neighborhood Market) • Near City Park (Centennial Park) • Near Paved Trail (Shiloh Trail) • Near Razorback Bus Stop (Persimmon & Betty Jo) • Appropriate Land Use 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 the proposed rezoning from C-2 to CS to be compatible with the surrounding area. The intent of the CS zoning district is to provide convenience goods and personal services for persons living in the surrounding residential areas, to provide for adaptable mixed -use centers located along commercial corridors that connect denser development nodes, and to provide standards that enable development to be approved administratively. The two parcels in question are located adjacent to an existing apartment complex (Mountain Ranch) to the west, a mixed -density residential area to the north, and a mix of commercial uses and city park (Centennial Park) to the south. Interstate 49 is located directly to the east. Staff finds the requested rezoning to be compatible since the parcel is bound by a mix of both residential and commercial uses. CS permits a mix of both residential and commercial uses that could serve as a transition area between existing residential and commercial properties. C-2 has a mix of Euclidean and form -based zoning, while CS is an entirely form - Planning Commission January 22, 2024 RZN-2023-0036 (T&J NWA,R49� 542 of 560 Paqe 3 of 21 based district. The setback and minimum buildable street frontage requirements of CS are identical to the form -based requirements of the existing C-2 district. Neither C-2 or CS have bulk and area regulations for nonresidential uses, with CS having a lot width minimum of 18 feet for residential dwellings. C-2 only permits cluster housing as residential use and has no density limits. CS also has no density limits, though staff finds this is unlikely to contribute to a development that is out of scale with the surroundings given the scale of the existing commercial and the presence of existing apartment complexes to the west and north. Further, the maximum building height would be reduced from 6 stories to 5 stories. The applicant also proposes to rezone a portion of the site as R-A, Residential Agricultural. This area includes extensive tree canopy and is intended to remain as a preserved canopy in future development. Staff finds the zoning of R-A to be compatible with this stated intent, particularly given the proximity of Centennial Park to the south. Land Use Plan Analysis: Staff finds the proposed rezoning to be consistent with the City's adopted land use plans, including its Future Land Use Map designation as City Neighborhood area. The property is located at the intersection of W. Persimmon St. and N. Shiloh Dr., an area designated as a Tier 3 center per the City Plan 2040 Growth Concept Map. Tier 3 centers are intended to serve the immediately surrounding residential areas and will cater to the specific needs of a small market with varying characteristics based on location and needs of the surrounding community. The property is also approximately half a mile from the Tier 2 center located at the intersection of 49 and W. Wedington Dr. A rezoning to CS could allow for the creation, maintenance, of mixed -use developments that provide both services and housing. The property has a moderate infill score ranging between 7 and 8 with a weighted score of 9.5. Staff finds the requested rezoning to be appropriate since it would provide the opportunity to develop a mix of residential and commercial uses in a Tier 3 center at a major intersection. The designation of a portion of extensive tree canopy as R-A will further contribute to city goals to establish an enduring green network. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Staff finds that rezoning the subject property to CS is justified since it would better comply with both the future land -use designation and the property's location at a Tier 3 center (W. Persimmon St. and N. Shiloh Dr.). 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: A rezoning from C-2 to CS has the potential to increase traffic at this location when considering that C-2 does not currently permit residential development except for cluster housing. However, staff finds that a rezoning is not likely to create or appreciably increase traffic danger or congestion given multiple street frontages. Additionally, staff finds that improving connectivity along N. Shiloh Dr. could aid in reducing traffic needs to N. Shiloh Dr., an existing Planning Commission January 22, 2024 RZN-2023-0036 (T&J NWA,R49� 543 of 560 Paqe 4 of 21 one-way street, by allowing alternative routes between adjacent developments. 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, staff finds that the proposed rezoning would not undesirably increase the load on public services. The property currently has access to public utilities and any necessary improvements to adjacent streets 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-2023-0036 to City Council with a recommendation of approval. PLANNING COMMISSION ACTION: Required YES Date: January 22, 2024, Motion: PAYNE (Second: BRINK JVote: 9-0-0 O Tabled ® Forwarded O Denied Recommendation of Approval Planning Commission January 22, 2024 RZN-2023-0036 (T&J NWA,R49� 544 of 560 Paqe 5 of 21 BUDGET/STAFF IMPACT: None ATTACHMENTS: • Unified Development Code o §161.23 District C-2, Thoroughfare Commercial o §161.22 District CS, Community Services o §161.03 District R-A, Residential Agriculture • Applicant Exhibits • Request Letter • Legal Descriptions • Site Exhibit • One Mile Map • Close -Up Map • Current Land Use Map • Future Land Use Map Planning Commission January 22, 2024 RZN-2023-0036 (T&J NWAFLW 545 of 560 Paqe 6 of 21 161.23 District C-2, Thoroughfare Commercial (A) Purpose. The Thoroughfare Commercial District is designed especially to encourage the functional grouping of these commercial enterprises catering primarily to highway travelers. The intent of this district is to allow administrative approval if the developer decides to use urban form, in compliance with the build -to zone and minimum buildable street frontage as specified herein. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government Facilities Unit 13 Eating places Unit 14 Hotel, motel, and amusement facilities 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 20 Commercial recreation, large sites Unit 25 Offices, studios, and related services Unit 33 Adult live entertainment club or bar Unit 34 Liquor store Unit 40 Sidewalk Cafes Unit 44 Cluster Housing Development Unit 45 Small scale production Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 21 Warehousing and wholesale Unit 28 Center for collecting recyclable materials Unit 29 Dance Halls Unit 32 Sexually oriented business Unit 35 Outdoor music establishments Unit 36 Wireless communications facilities Unit 38 Mini-stora a units Unit 42 Clean technologies Unit 43 Animal boarding and training (C) Density. None. (D) Bulk and Area Regulations. None. (E) Setback Regulations. Front 15 feet Front, if parking is allowed 50 feet between the right-of-way and the building Side None Planning Commission January 22, 2024 RZN-2023-0036 (T&J NWAFLW 546 of 560 Paqe 7 of 21 Side, when contiguous to a residential district 15 feet Rear 20 feet Urban Form Setback Regulations: 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 15 feet to a single-family residential district (F) Building Height Regulations. Building Height Maximum 16 stories* * If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from side boundary line of an adjacent residential district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories. (G) Building Area. On any lot, the area occupied by all buildings shall not exceed 60% of the total area of such lot. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Urban form minimum buildable street frontage: 50% of the lot width. (Code 1965, App. A., Art. 5(VI); Ord. No. 1833, 11-1-71; Ord. No. 2351, 6-2-77; Ord. No. 2603, 2-19-80; Ord. No. 1747, 6-29-70; Code 1991, §160.036; Ord. No. 4034, §3, 4, 4-15-97; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4727, 7-19-05; Ord. No. 4992, 3-06-07; Ord. No. 5028, 6-19- 07; Ord. No. 5195, 11-6-08; Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5353, 9-7-10; 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, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6164 , §§1, 6, 7, 4-2-19; Ord. No. 6223 , §1, 9-3-19; Ord. No. 6245 , §2, 10-15-19; Ord. No. 6521 , §5, 1-18-22) Planning Commission January 22, 2024 RZN-2023-0036 (T&J NWAFLW 547 of 560 Paqe 8 of 21 161.22 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 places 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. Planning Commission January 22, 2024 RZN-2023-0036 (T&J NWAFLW 548 of 560 Paqe 9 of 21 Dwelling 18 feet All others None (2) Lot Area Minimum. None. (E) Setback regulations. 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 15 feet to a single-family residential district: (F) Building Height Regulations. Building Height Maximum 15 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) Editor's note(s)—Ord. No. 6625 , §1 adopted December 6, 2022, "determines that Section 2 of Ordinance 6427 (Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code Sections ordained or enacted by Ordinance 6427 shall automatically sunset, be repealed and become void on December 31, 2023, unless prior to that date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination section." Planning Commission January 22, 2024 RZN-2023-0036 (T&J NWAFLW 549 of 560 Paqe 10 of 21 161.03 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 1 Single-family dwellings Unit 9 Two-family dwellings Unit 37 Manufactured homes Unit 41 Accessory dwellings Unit 43 Animal boarding and training Unit 46 1 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 1 Home occupations Unit 35 Outdoor Music Establishments Unit 36 Wireless communications facilities Unit 42 Clean technologies (C) Density. Units per acre I One-half (%) (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 Planning Commission January 22, 2024 RZN-2023-0036 (T&J NWAFLM 550 of 560 Page 11 of 21 (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, §§1(Exh. C), 2, 4-20-21) Editor's note(s)—Ord. No. 6625 , §1 adopted December 6, 2022, "determines that Section 2 of Ordinance 6427 (Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code Sections ordained or enacted by Ordinance 6427 shall automatically sunset, be repealed and become void on December 31, 2023, unless prior to that date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination section." Planning Commission January 22, 2024 RZN-2023-0036 (T&J NWAFLM 551 of 560 Page 12 of 21 WILLIAM P. WATKINS, 111, P.A. RONALD L. BOYER (OF COUNSEL) JENNIFER E. GRAY, P.A.* ANDREW T. CURRY, P.A. WILLIAM A. KELLSTROM * ALSO LICENSED IN MISSOURI City of Fayetteville Planning Department 125 W. Mountain Street Fayetteville, AR 72701 WATKINS, BOYER, GRAY & CURRY, PLLC ATTORNEYS AT LAW WRITER'S DIRECT E-MAIL wkellstrom@watkinslawoffice.com January 11, 2024 DELYNN HALE, SECRETARY Amy BENSON, PARALEGAL WHITNEY DUCKER, OFFICE MANAGER RE: Rezoning Parcel No. 765-28835-000 and 765-28838-000 from C-2, Thoroughfare Commercial to CS, Community Services Dear Planning Staff: The Applicant, T&J NWA, LLC, is seeking approval to rezone approximately 15.65 acres located at the intersection of W. Persimmon St. and N. Shiloh Drive ("the Property"). The request is to rezone from C-2—Commercial Thoroughfare to a mix of CS —Community Services and R-A, Residential Agricultural. The purpose for this rezoning request is to rezone the property to sell to a developer to build a multi -family development. The properties surrounding the Property are a mix of RPZD (consisting of dense single family housing), RMF-24 (consisting of apartments), and C-2 (consisting of an office building and undeveloped land). CS zoning is compatible with the abovementioned uses and zones due to the fact that it allows for a mix of residential and commercial. CS zoning is being requested by the Applicant due to the mix of commercial and residential uses allowed, and due to the fact that CS is a form -based code that requires development in a more urban style. Moreover, the Property is situated close to Centennial Park, and has close access to Interstate 49, which makes it ripe for higher intensity development. For the aforementioned reasons, a rezoning to CS is compatible with the surrounding area, and should not adversely affect adjacent properties. 1106 WEST POPLAR STREET ROGERS, AR 72756 PH: 479-636-2168 FX: 479-636-6098 W W W . WATKINSLAW OFFICE.COM REAL ESTATE, CONSTRUCTION & LIEN LAW, LAND USE & PLANNING CORPORATE & COMMERCIAL LAW, BANKING, BANKRUPTCY CRIMINAL LAW, FAMILY LAW, GUARDIANSHIPS, LANDLORD -TENANT ESTATE PLANNING, ELDER LAW, PROBATE, TRUST LITIGATION CrvrL LITIGATION, COMMERCIAL 1?JR4iC DI 8$'iXrbLLECTION January 22, 2024 RZN-2023-0036 (T&J NWAFtM 552 of 560 Paqe 13 of 21 Whitten Development, Inc. Page 2. Lastly, there is a portion of the property which is covered by existing tree canopy on the Southwestern end of the property. The Developer plans to locate the development towards the remaining portion of the property, which is flatter, and which has previously been cleared, in order to preserve as many of the existing trees as possible. Accordingly, the Developer has proposed to rezone two portions of the Property —a 2.35 acre and a .10 acre —to R-A to indicate an intent to preserve the existing tree canopy. If you have any questions, please feel free to contact me at 479-636-2168, or at wkellstrom(&,,watkinslawoffice.com. Sincerely, WATKINS, BOYER, GRAY & CURRY, PLLC lsl Will A. Kellstrom Will A. Kellstrom Planning Commission January 22, 2024 RZN-2023-0036 (T&J NWAFL@jW 553 of 560 Paqe 14 of 21 C-S ZONING SURVEY DESCRIPTION A PART OF THE NW1/4 OF THE NW1/4 & PART OF THE NE1/4 OF THE NW1/4 OF SECTION 18, TOWNSHIP 16 NORTH, RANGE 30 WEST IN WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SW CORNER OF LOT 34 IN MOUNTAIN RANCH SUBDIVISION; THENCE N 02°26'00" E A DISTANCE OF 825.25' TO A POINT; THENCE S 87°34'00" E A DISTANCE OF 101.06' TO A POINT; THENCE S 87°36'24" E A DISTANCE OF 944.10' TO A POINT; THENCE S 03°24'38" E A DISTANCE OF 239.28' TO A POINT; THENCE S 10°32'43" E A DISTANCE OF 370.24' TO A POINT; THENCE WITH A CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 54.44', WITH A RADIUS OF 200.00', WITH A CHORD BEARING OF S 85°22'25" W, WITH A CHORD LENGTH OF 54.27', TO A POINT; THENCE N 86°55'01" W A DISTANCE OF 652.46' TO A POINT; THENCE WITH A CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF 524.95', WITH A RADIUS OF 500.00', WITH A CHORD BEARING OF S 65°23'45" W, WITH A CHORD LENGTH OF 501.17', TO THE POINT OF BEGINNING, CONTAINING 682,065 SQ. FEET, 15.66 ACRES, MORE OR LESS. SUBJECT TO ANY EASEMENTS AND/OR RIGHT-OF-WAYS OF RECORD. LESS & EXCEPT: COMMENCING FROM THE SW CORNER OF LOT 34 IN MOUNTAIN RANCH SUBDIVISION; THENCE N 02°26'00" E A DISTANCE OF 43.68' TO THE POINT OF BEGINNING; THENCE N 02°26'00" E A DISTANCE OF 333.35' TO A POINT; THENCE S 87°22'34" E A DISTANCE OF 500.47' TO A POINT; THENCE WITH A CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF 58.04', WITH A RADIUS OF 75.04', WITH A CHORD BEARING OF N 77°11'48" E, WITH A CHORD LENGTH OF 56.60', TO A POINT; THENCE N 61°33'58" E A DISTANCE OF 22.87' TO A POINT; THENCE S 43°40'17" E A DISTANCE OF 59.13' TO A POINT; THENCE WITH A CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 57.42', WITH A RADIUS OF 87.20', WITH A CHORD BEARING OF S 21°30'05" E, WITH A CHORD LENGTH OF 56.38', TO A POINT; THENCE S 03°04'59" W A DISTANCE OF 58.82' TO A POINT; THENCE N 86°55'01" W A DISTANCE OF 192.82' TO A POINT; THENCE WITH A CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF 513.44', WITH A RADIUS OF 524.91', WITH A CHORD BEARING OF S 67°20'39" W, WITH A CHORD LENGTH OF 493.21', TO THE POINT OF BEGINNING, CONTAINING 105,413 SQ. FEET, 2.42 ACRES, MORE OR LESS. ALSO, LESS & EXCEPT: COMMENCING FROM THE SW CORNER OF LOT 34 IN MOUNTAIN RANCH SUBDIVISION; THENCE N 02°26'00" E A DISTANCE OF 43.68' TO A POINT; THENCE WITH A CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 514.48', WITH A RADIUS OF 525.00', WITH A CHORD BEARING OF N 67°23'56" E, WITH A CHORD LENGTH OF 494.14', TO A POINT; THENCE S 86°55'14" E A DISTANCE OF 336.23' TO THE POINT OF BEGINNING; THENCE N 45°42'23" E A DISTANCE OF 104.65' TO A POINT; THENCE S 42°13'31" E A DISTANCE OF 70.98' TO A POINT; THENCE S 03°04'59" W A DISTANCE OF 27.08' TO A POINT; THENCE N 86°55'14" W A DISTANCE OF 121.32' TO THE POINT OF BEGINNING, CONTAINING 5,354 SQ. FEET, 0.12 ACRES, MORE OR LESS. R-A ZONING "2" SURVEY DESCRIPTION A PART OF THE NE1/4 OF THE NW1/4 OF SECTION 18, TOWNSHIP 16 NORTH, RANGE 30 WEST IN WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING FROM THE SW CORNER OF LOT 34 IN MOUNTAIN RANCH SUBDIVISION; THENCE N 02°26'00" E A DISTANCE OF 43.68' TO A POINT; THENCE WITH A CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 514.48', WITH A RADIUS OF 525.00', WITH A CHORD BEARING OF N 67°23'56" E, WITH A CHORD LENGTH OF 494.14', TO A POINT; THENCE S 86°55'14" E A DISTANCE OF 336.23' TO THE POINT OF BEGINNING; THENCE N 45°42'23" E A DISTANCE OF 104.65' TO A POINT; THENCE S 42°13'31" E A DISTANCE OF 70.98' TO A POINT; THENCE S 03°04'59" W A DISTANCE OF 27.08' TO A POINT; THENCE N 86055'14" W A DISTANCE OF 121.32' TO THE POINT OF BEGINNING, CONTAINING 5,354 SQ. FEET, 0.12 ACRES, MORE OR LESS. SUBJECT TO ANY EASEMENTS AND/OR RIGHT-OF-WAYS OF RECORD. Planning Commission January 22, 2024 RZN-2023-0036 (T&J NWA,R49� 554 of 560 Paqe 15 of 21 R-A ZONING "1" SURVEY DESCRIPTION A PART OF THE NW1/4 OF THE NW1/4 & PART OF THE NE1/4 OF THE NW1/4 OF SECTION 18, TOWNSHIP 16 NORTH, RANGE 30 WEST IN WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING FROM THE SW CORNER OF LOT 34 IN MOUNTAIN RANCH SUBDIVISION; THENCE N 02°26'00" E A DISTANCE OF 43.68' TO THE POINT OF BEGINNING; THENCE N 02°26'00" E A DISTANCE OF 333.35' TO A POINT; THENCE S 87°22'34" E A DISTANCE OF 500.47' TO A POINT; THENCE WITH A CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF 58.04', WITH A RADIUS OF 75.04', WITH A CHORD BEARING OF N 77*11-48" E, WITH A CHORD LENGTH OF 56.60', TO A POINT; THENCE N 61°33'58" E A DISTANCE OF 22.87' TO A POINT; THENCE S 43°40'17" E A DISTANCE OF 59.13' TO A POINT; THENCE WITH A CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 57.42', WITH A RADIUS OF 87.20', WITH A CHORD BEARING OF S 21°30'05" E, WITH A CHORD LENGTH OF 56.38', TO A POINT; THENCE S 03°04'59" W A DISTANCE OF 58.82' TO A POINT; THENCE N 86°55'01" W A DISTANCE OF 192.82' TO A POINT; THENCE WITH A CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF 513.44', WITH A RADIUS OF 524.91', WITH A CHORD BEARING OF S 67°20'39" W, WITH A CHORD LENGTH OF 493.21', TO THE POINT OF BEGINNING, CONTAINING 105,413 SQ. FEET, 2.42 ACRES, MORE OR LESS. SUBJECT TO ANY EASEMENTS AND/OR RIGHT-OF-WAYS OF RECORD. Planning Commission January 22, 2024 RZN-2023-0036 (T&J NWA,R49� 555 of 560 Paqe 16 of 21 F If 0 y 3 O 2�D D 7 0 o S ^� 11 O N c00 O N W r o Z0> C3 D O ;10 D �cn �Dtn OD O Z O Z Z D m 0 (1) co ;0mcnm Z m Zm-0 m3D Z IT om Z pO o G) � R ^� r � � E23 Z5• � � ue zrzr �•�"� A a;,p.iayNi�o 009 oFpp pyo 6, CAT 11n. W. > m o u m nr�f �= fpjT CPi O�rx-O�^m >S. W8. nX$p�� U!;off oim eo T e>ayMo>o ��im'O>y�riS Gib .m w f m2LL� mm > a A>"=�SzB?oz �'ica -04ASMI mph$ m O�E�2a��0>m=�mTi� OQm= p�zjOz�m;�y�>c'imim� Ogi1Fn 1DAC� �Z�+» CGji� �ob�yy.;�or�°�po�y��GGil10� ��yC yCy'TTT TO yCy =T G _G 3Jy�C yy�� T pb y mym00 `IOYO>e i f m$ ,,O'zy SOyy GiN��mO �­ Ow TT �aa Ll>y��$�'sipp�4s nY DFo y ��gx.u^ACAS>Gxxf �i$>D>NOCY�DO�te,= ^Fr �mQp�$_ iy0%C a zi�rnn pY>�p3. 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HEzasr,^„ O�T m8•A �' f mama c o_o.Y Z p °�� =y. �:S r mfipy�OfmY c>ff 0 m► >o y 'n8p^>o�L D"p�vj> >TOA�ofbTY fl0y ^ mi$iui>nn>mx}>�; L OAgm > 3mrZZxyO$fn0 p�x Z(n�>>D > �,C yp ^i Cn$mm=y In 9°Z DTT NA > zOmOr>= m=r$$_mm0n_:ypnysyp�yy> pOT 2'{OngR zmz i��i �°,OS a.6>tzG�m� > ^yy Z' zmi:,tA 0 ' �tr m TfGLQt� A�feOy OZ y�y45mmZO:.YT �• m° LSpxBO�m m y*D G ZY= >T40>2 Z O S >+OigO >G Planning Commission January 22, 2024 RZN-2023-0036 (T&J NWAFLM 556 Of 560 Page 17 of 21 RZN-2023-0036 NORTH OF W. TRCHNOLOGY One Mile View WAY NORTH 0 0.13 0.25 0.5 Miles I R-O ( I ■ \ � I I ■ I �f i ■ r / P-1 - / (; UT ' ( 1 - RPZD Rn1F-24 I Subject Property cs I j - -- I- PERSIMMOWST i i 1 'n RSF-4 \ O� `I 11 r\ � \ RI-U RSF-2 C-1 \ NC R-A \ zoning � I-z canaral maaalrisl Neighborhood Link - - - RESIDENTIAL SINGLE-FAMILY EXTRACTION Regional Link - High Activity _ _ - _ _ - Nsc ii E-1 - - - - _ - RI-U COMMERCIAL Freeway/Expressway at- Residemisl- . NI C-1 — Unclassified _ Resmands Agdcun- IIIIIIII c-z RSF-.s C-3 Residential Link ' _ RSF-1 FORM BASED DISTRICTS Planned Neighborhood Link ❑ — RSF< Dow —core Urban Tlwroaghiare Planned Residential Link Ra I mainsbaalC.— RSFA Down— I-- -- Shared -Use Paved Trail " RsF-1e �commamy sarvi.a RESIDENTIAL MULTI -FAMILY Neighborhaatl Servkes Trail (Proposed) p RMFE li Neighborhood Conserredon Design Overlay DIStrICi , _ _ _ _ _ 1 ii RMF-13 PLANNED ZONING DISTRICTS L — � g Y _ _ _ _ tttt. RMF-19 r � r r IIIIIIIII Commercial. IntlusNal. ResitleMial _ l �7 Fayetteville City Limits ' 'Planning Area '---='- __ �RMF-za INSTITUTIONAL RMF as P 1 1 1 Planning Area INDUSTRIAL Fayetteville City Limits g I-1 11 a Cnmmarclal and Light dasl4 Planning Commission January 22, 2024 RZN-2023-0036 (T&J NWA,R49� 557 of 560 Paqe 18 of 21 RZN-2023-0036 Close Up View ■ — — — — — — — — — — — — — — — — RSF-4 Neighborhood Link Freeway/Expressway Unclassified Residential Link ■ I Planned Neighborhood Link Hillside -Hilltop Overlay District — — Trail (Proposed) _ I Design Overlay District Planning Area Fayetteville City Limits NORTH OF W. TRCHNOLOGY WAY I i o i r0 r � w i m I _ PERSIMMON ST I I � Proposed CS / 1 I 1 1 C-2 I � ;I Subject Property �� i Proposed R-A I P posed A TECHNOLOGY WAY T' ;I ;1 RMF-12 1 1 1 1 1 1 1 1 t.P Zone Current Proposed C-2 15.1 0.0 CS 0.0 13.1 P-1 0.4 0.0 Feet R-A 0.0 2.5 0 75 150 300 450 600 1.2,400 Total 15.6 ac January 22, 2024 RZN-2023-0036 (T&J NWA,R49� 558 of 560 Paqe 19 of 21 January 22, 2024 RZN-2023-0036 (T&J NWAFLM 559 Of 560 Paqe 20 of 21 RZN-2023-0036 I NORTH OF W. TRCHNOLOGY Future Land Use I WAY W _F }o � I W m U. Z At J a J �O _/GJ ! Q I PINOT w LO ! p—CRE/ ' LN ! w ' J I Residential O J I 1 Neighborhood H O I �SALEM i V c ' I e ._________________ -__ -I- CROCKET='-' - - - -I- - - - - -r- - - - O,kL-CANYON Lb O Z < Z Neighborho 0� Hd 1 � MOv vTq�N Rq '� / AlcN Civic and \ Private Rural Open Space \ Residential Neighborhood Link Freeway/Expressway Unclassified Residential Link ■ I Planned Neighborhood Link 1104 Planned Residential Link - + Planning Area I� Fayetteville City Limits — — Trail (Proposed) Design Overlay District Feet 0 145 290 580 870 1 1 1 1 ♦ ..% 1,160 ORTH 1 ii,'■ r ' Urban Center 1 1 I I I I I I t t t t t t Non -Municipal Government t G ` s o City Neighborhood Civic Institutional Civic and Private Open Space Industrial Natural Non -Municipal Government Residential Neighborhood Rural Residential Urban Center January 22, 2024 RZN-2023-0036 (T&J NWAFLW 560 Of 560 Paqe 21 of 21